Workers Compensation FAQ’s in Massachusetts
Q: What is workers’ compensation and how does it work in Massachusetts?
A: Workers’ compensation is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. In Massachusetts, the workers’ compensation system is designed to protect both employees and employers.
Here are some key points regarding workers’ compensation in Massachusetts:
- Coverage: Almost all employers in Massachusetts are required to carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers.
- Benefits: Workers’ compensation provides various benefits to eligible employees. These benefits typically include medical treatment coverage, temporary total or partial disability benefits, permanent impairment benefits, vocational rehabilitation, and death benefits for dependents in case of fatal workplace injuries.
- Reporting an Injury: If you’re injured at work or develop an occupational illness, you must report it to your employer as soon as possible. Failure to report the injury within 30 days could result in a loss of benefits.
- Seeking Medical Treatment: In Massachusetts, injured workers have the right to choose their own doctor for medical treatment. However, you may be required to see a doctor approved by your employer’s insurance company after an initial visit.
- Filing a Claim: To initiate a workers’ compensation claim, you should complete a Form 110 Employee Claim and submit it to the Massachusetts Department of Industrial Accidents (DIA). You may also need to provide supporting documentation, such as medical records and witness statements.
- Benefit Calculation: The amount of benefits you receive depends on factors such as the nature and extent of your injury, your average weekly wage, and the disability rating assigned by your treating physician. Benefit calculations are subject to certain statutory maximums and minimums.
- Dispute Resolution: If there are disputes regarding your claim, such as denial of benefits or disagreements over the extent of your disability, you can request a conciliation meeting with the DIA. If the dispute persists, it may proceed to a conference, hearing, or review board.
- Legal Representation: It’s advisable to consult with an experienced workers’ compensation attorney who can guide you through the claims process, protect your rights, and advocate on your behalf if disputes arise.
Q: How do I file a workers’ compensation claim in Massachusetts?
A: To file a workers’ compensation claim in Massachusetts, follow these steps:
- Report the Injury: Immediately notify your employer about the injury or illness, providing details of how it occurred. Reporting should be done within 30 days to ensure eligibility for benefits.
- Obtain Medical Treatment: Seek medical treatment from a healthcare provider of your choice. Inform the doctor that your injury is work-related.
- Complete the Employee Claim Form: Fill out Form 110 Employee Claim (Form 110 should be provided by your employer or can be obtained from the Massachusetts Department of Industrial Accidents website). Include accurate details about the injury, treatment received, and any witnesses.
- Submit the Claim: Send the completed Form 110 to the Massachusetts Department of Industrial Accidents (DIA) by mail or in person. Keep copies of the form and any supporting documents for your records.
- Follow Up: After filing the claim, stay in touch with the DIA and provide any additional information they may require. Be sure to keep your employer and their insurance company informed of your progress and any changes in your condition.
Q: How are workers’ compensation benefits calculated in Massachusetts?
A: Workers’ compensation benefits in Massachusetts are calculated based on the following factors:
- Average Weekly Wage (AWW): The AWW is determined by calculating your gross earnings for the 52 weeks prior to the injury. If you haven’t worked for a full year, the earnings of a similar worker in the same employment can be used.
- Temporary Total Disability (TTD) Benefits: TTD benefits are two-thirds (66.67%) of your AWW. However, there is a maximum weekly benefit limit set by law.
- Temporary Partial Disability (TPD) Benefits: TPD benefits are calculated as 60% of the difference between your pre-injury wage and the wage you can currently earn in a suitable job. There is also a maximum weekly benefit limit for TPD.
- Permanent Total Disability (PTD) Benefits: PTD benefits are two-thirds (66.67%) of your AWW, subject to the maximum weekly benefit limit.
- Permanent Partial Disability (PPD) Benefits: PPD benefits are calculated based on a statutory schedule that assigns specific values to different body parts or functions.
- Cost of Living Adjustments (COLAs): In certain cases, workers’ compensation benefits may be adjusted annually to reflect changes in the cost of living.
It’s important to note that these calculations are subject to specific legal provisions and may vary depending on the individual circumstances of each case.
Q: How are medical bills handled in a Massachusetts workers’ compensation claim?
A: In Massachusetts, workers’ compensation insurance typically covers all reasonable and necessary medical expenses related to your work-related injury or illness.
Here’s how medical bills are handled:
- Choose a Doctor: You have the right to choose your own doctor for initial treatment. However, for subsequent visits, you may be required to see a doctor approved by your employer’s workers’ compensation insurance provider.
- Inform the Healthcare Provider: Inform your doctor that your injury or illness is work-related and provide details of your employer and their workers’ compensation insurance.
- Medical Bills Payment: The workers’ compensation insurance carrier is responsible for paying medical bills directly to the healthcare providers. You should not be billed for approved medical treatment.
- Pre-Approval Requirements: Some procedures or treatments may require pre-approval from the insurance company. Your doctor can help with obtaining necessary authorization.
- Submitting Medical Reports: Your doctor should provide medical reports to document the nature and extent of your injury, treatment plan, and any work restrictions.
It’s important to keep copies of all medical bills and reports.
Remember that the information provided here is a general overview of workers’ compensation in Massachusetts, and specific details or requirements may vary depending on the circumstances. For precise and up-to-date information, it’s recommended to consult the Massachusetts Department of Industrial Accidents or seek legal advice.
For more answers to questions on workers compensation FAQ’s in MA. Contact attorney Todd Beauregard. 978-275-1919.