Somerville Massachusetts Workers Compensation FAQ’s
When you are hurt or become sick on the job in Somerville, Massachusetts, it is important to know your rights. Worker’s compensation is available to all employees in the state and can be filed for once an incident occurs that leads to an injury or sickness while on the job. Attorney Todd D. Beauregard is a workers compensation lawyer in Somerville MA. Below are a few frequently asked questions to help you learn what to do and get to know the process of worker’s compensation.
How long must I work in order to be covered by worker’s compensation in Massachusetts?
The Workers Compensation Act of the state covers all employees hired in Massachusetts from the moment the job begins. There is no waiting period to be covered. However, there is a waiting period in which weekly compensation will be paid. Any individual who is injured in the state while on the job will be covered, regardless of where hired.
How much work must be missed to be able to receive a check from worker’s compensation?
Workers compensation in Massachusetts will provide the injured individual with payment after an approved filing. The individual has to have missed five calendar days off work before they will be entitled to benefits which will be paid on the sixth day of missed work. An industrial accident that causes the individual to miss more than 21 days of work will require the insurer to pay for the first five days missed. Any time under the 21-day mark will see payment begin on the 6th day.
How long can weekly worker’s compensation benefits be paid?
An individual who is injured on the job and becomes temporarily totally disabled can receive weekly benefits for up to three years. Payment will be made for up to 60% of the average weekly wage for this period. Partially disabled individuals due to an industrial accident will be given 60% of the difference in pay from the pre-injury wager and how much they are able to make now after the injury. Benefits of this category can be paid up to five years.
How are Total Disability and Partial Disability different?
Several factors are considered to determine if an individual is partial disabled due to the injury or totally disabled. The age, education, work experience, physical impairment, and fluency in English, both written and spoken, are considered. More is considered than just if the individual can perform the usual job.
Will I be able to choose my own Doctor?
You will have the ability to choose your own doctor but your employer may require you to see a preferred provider for the first visit. You are limited to switching doctors only once for a medical specialty so be sure of who you choose before making the change.
Will I need an Attorney?
Hiring an attorney for a worker’s compensation filing is completely up to you. It is not required and you can represent yourself. However, it is recommended that an attorney be hired to ensure that you receive the benefits you deserve. When hiring an attorney, be sure to work with a firm that has experience in worker’s compensation cases.
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