Massachusetts workers compensation law

How does workers comp work in MA?

With certain exceptions, all employers in Massachusetts are required to have workers ‘ compensation insurance coverage. If your claim is accepted, your employer’s worker’s comp insurance carrier will pay for all claim-related medical expenses, as well as disability benefits while you are off work .

What percentage does workers comp pay in MA?

What are the benefits? The maximum weekly benefit is 75% of your weekly total temporary benefits. (Temporary total benefits are 60% of your gross average weekly wage ).

Is Workers Comp required in MA?

All employers operating in Massachusetts are required to carry workers ‘ compensation insurance for their employees and themselves if they are an employee of their company.

Can you be fired while on workers comp in Massachusetts?

Can I be fired while I’m out on workers ‘ compensation ? Unless your union contract, or individual contract of hire, requires it, an employer doesn’t have to hold your job open while you can ‘t work due to an on-the-job injury. Your best bet is to consult a workers ‘ compensation attorney or a labor law attorney.

How many days off until workers comp pays?

To be paid for your first 7 days of missed work, you need to be off of work and under a doctor’s care for at least 14 consecutive work days. If your workers’ compensation claim is approved, you may be able to receive the following payments: Medical Benefits.

How long can you stay on workers comp in Massachusetts?

Under the Massachusetts General Laws Chapter 152 Section 34, you can receive up to three years of temporary total disability benefits.

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How long do you have to report an injury at work in Massachusetts?

Report the Injury or Illness — Your employer has seven days to report the injury or illness to their insurance company and to DIA if you lose five or more days’ wages on a form called the first report of injury , also known as Form 101.

What to do if you are injured and can’t work?

Filing a Claim for an Injury If you are injured off the job and are temporarily unable to work , you should file a claim for short-term disability benefits. For example, if you are in a car accident and break your leg, you will likely be unable to work for a while.

Can you work after a workers comp settlement?

In most cases, while you ‘re seeking a settlement through working compensation, you will need to reach maximum medical improvement (MMI) before returning to work . A doctor will need to determine you have reached MMI, which is the point at which your condition cannot be improved any further.

How much does a workers compensation claim cost a company?

The average cost of a workers’ comp claim is $40,000 , according to the National Safety Council. A workers’ comp premium is likely a much better deal for your business.

How do I file a workers comp claim in MA?

You can also call our Office of Insurance for assistance at (617) 626-5480 or (617) 626-5481, or look up your employer’s insurer online. If your employer doesn’t have workers ‘ compensation insurance , you will need to file a claim against the Workers ‘ Compensation Trust Fund, which is part of the DIA.

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Do I need workers comp if I don’t have employees?

While you may be legally exempt from purchasing workers ‘ compensation insurance , it’s not unlawful for a company to require an independent contractor to have workers ‘ comp , even if that contractor has no employees . Many businesses have faced workers ‘ comp claims from independent contractors who were injured on the job.

Can you be fired while on workers compensation?

The short answer is, no, your employer cannot fire you merely because of your workers ‘ compensation claim. However, your employer can fire you while you have an open workers ‘ compensation claim.

What do workers comp investigators look for?

Investigators often use video surveillance to determine whether the worker is still as injured as they claim. The most common site for such surveillance is outside of the doctor’s office – since under workers ‘ comp , healthcare providers are selected by the insurer – or during a workers ‘ compensation hearing.

Can you go on vacation while on workers compensation?

Yes, you CAN go on vacation while on workers ‘ compensation . People are allowed to continue to enjoy their lives as best they can even with an injury.

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