Massachusetts Legal Blog

5 Tips That Give You an Edge In Your Worker’s Compensation Suit

According to the State law of Massachusetts, every employee should avail the insurance for worker’s compensation from their employers. This compensation is your right in Massachusetts in order to help you move forward if you are injured while moving forward in your duties.

Massachusetts worker’s compensation law protects the rights of both the employer and the employee simultaneously. Read on, to grasp an insight about the tips to claim the benefits of worker’s compensation.

Just last year alone, according to US department of labor:

●    Over $60 Million of compensation was awarded to employees
●    There were over 1500 claims, 43% of them were successful

In order to get the compensation necessary it is vital that you take the correct legal steps with urgency.

1. The Employer should be notified Immediately

A worker should find medical help as soon as he is found injured. No matter how huge or trivial the injury is; the employer should be informed about it immediately. Medical treatments should be sought for as soon as possible and the doctors should be informed about the cause of injury in details.

2. Take the next steps

After informing your employer about the injury, a medical notice should be filled promptly. The accident report of the employee needs to be filled immediately while seeking medical help. If you mail the report, make sure that it is certified and also ensure that you receive a copy for yourself. In order to claim worker’s compensation successfully you will have to ensure that you have made ample use of the available resources in a proper time frame.

3. Check if your employer is filling the accident/injury report

When it comes to filing your report it is up to you to keep up with it, and to keep your own copy of the report.  There are countless situations in which worker’s compensation is not awarded because of negligence in this regard.  The rule of thumb is this: After you have lost five days in work due to your injury, the employer has exactly seven days for filing the first report of your accident with the chosen insurance company.

The insurance company has to either accept or deny your claim after 14 days of receiving the report. If the insurance company wants to consult with you regarding the report, do not contact them, have them speak with an attorney.  This way you will not give away information that can jeopardize the award.

4. Very important: hire a competent lawyer

Hiring a competent workers compensation lawyer for filing and assisting you with disputes is more than beneficial – it’s absolutely critical. You have to choose an expert lawyer who has ample expertise in the job. In fact it is only then that you can achieve a successful claim. Very often, cracking the code of these worker compensation situations is rather tough, even some cases being impossible without the aid of an attorney. These attorneys then ensure that the legal advice is accurate; the key is this, never take serious action without the consultation of your attorney.

5. Your responsibilities

We are reiterating this step because it is so critical.  Hard evidence is what is necessary to get your worker’s compensation.  Even though, there are full chances of you availing the worker’s compensation, you might also be denied benefits. Under such a situation, you will have to sort out all documents and keep a copy of all your filed reports.

It is a great idea to make copies of your own medical records. These records should contain the narrative of the physician, copies of medical tests (if any), as well as copies of the form and medical statements of the worker’s compensation.

By: Shapiro Law Group