Lowell, MA asked in Workers' Compensation for Massachusetts

Q: am i still entitled to workers comp after 6 months?

i work in retail and was assaulted by a customer in july. i submitted a workers comp request and was out of work for 10 days (ER excused 7). i still have not gotten paid for those days. what do i do next

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1 Lawyer Answer
Michael Levin
Michael Levin
  • Workers' Compensation Lawyer
  • Sturbridge, MA
  • Licensed in Massachusetts

A: The short answer is yes, you can still get your benefits after 6 mos. The longer answer is that in Massachusetts, unless you are out of work for more than 21 days, then the first 5 days are unpaid. However, you could have been paid for the next 5 days after that, assuming you were out because of your injury. If any of those 5 days were weekends or otherwise days you wouldn't normally have worked anyway, then you may only be paid for a couple of them, esp. since "ER excused 7," which I assume means your physician only kept out of work for 7 days. If that is correct, then you may not get paid at all if those last 2 days were your usual days off. At the very least you should contact the workers' comp insurance and ask them why you weren't paid for those last few days and let them explain it. It's hard to say more without knowing the details, but I hope that helps.

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