Workers’ Compensation FAQ’s in North Andover MA
Attorney Todd Beauregard is an experienced workers compensation lawyer in North Andover MA and can guide you through the process of filing a claim.
What If I Was Denied Workers’ Compensation?
Massachusetts worker’s compensation laws require employers in North Andover Massachusetts to provide benefits for employees who are injured or become ill in the workplace or while doing work related duties. The no-fault principle requires that the employee be compensated regardless of what caused the injuries.
However, your application for workers’ compensation benefits can be rejected. There are several reasons why your claim may be turned down:
Not Reporting on Time: One of the main reasons why compensation claims are rejected is because the claim was not filed on time. In North Andover MA you are required to file the report after 5 days of your injury and before the 12th calendar day after the injury occurred. You also need to follow the timelines for subsequent steps of the process. Understanding the timelines set by the DIA (Department of Industrial Accidents) can help you avoid this pitfall.
Employer Denies your Injury: Your employer may dispute your claim. He may decide to deny your application because the injury was not sustained at your place of work. Pre-existing injuries can be covered if an injury at work makes it worse. The insurance company or your employer may also cl
aim that your injury is not severe enough to warrant compensation.
Problems with Employer Filling of Report: If there are issues with the report that your employer submits to the insurance company, the insurance company may choose to reject the claim. Your employer needs to provide accurate information regarding, the nature of illness or injury, an explanation of how the injury occurred, names of witnesses who saw the injury and what you were doing when the injury occurred.
The Employee is not Eligible: Your application may be turned down if your employer is an independent contractor or if the insurance company cannot establish the relationship between the employee and the employer. If it cannot be established that the injury or illness happened at the workplace, then the employee will not be eligible.
What to Do
When your application is turned down, you may receive what is referred to as notification of denial. At this stage you can choose to file an appeal with the DIA. The appeal process has these three stages. It would be in your best interest to seek the counsel of a worker’s compensation law attorney in Massachusetts.
Conciliation: The dispute resolution process starts with conciliation. This is initiated two weeks after you file report with the DIA. You will meet with your insurance and a DIA conciliator. If the three of you cannot reach an agreement the dispute resolution moves on to the next stage.
Conference: You will go before a judge and you will be required to provide proof. You may need to provide medical documents as well as witness affidavits from those who are present when you sustained injuries. The judge will rule whether you are entitled to compensation. if you appeal you’ll need to attend a hearing.
Hearing: This is a formal hearing where you will be required to provide evidence and your testimonies will be taken under oath. At this stage, if the judge denies your application you can only appeal if it is found that the judge made a legal mistake.
It is important to build a strong case from the onset in order to avoid having your appeal rejected. If you receive the first notification of denial, remember to consider consulting a workers comp attorney, as many law offices offer Free Initial Consultations.
Call Us Today at (978) 275-1919 – To Schedule a Free Consultation.
If you are in need of a workers compensation lawyer in North Andover MA, we’d love to give your case the individualized attention it deserves.
“I had a bad injury at work. my boss was negligent in housekeeping and after i was hurt did not help me. After hiring this law firm, i got compensation.”