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Massachusetts Workers' Compensation Questions & Answers
3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Massachusetts on
Q: Can you get compensation from employers for suffering severe concussions?
T. Augustus Claus
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answered on Aug 29, 2023

Yes, in Massachusetts, you may be eligible to seek compensation from your employer for suffering severe concussions if the concussions were caused by workplace-related incidents or conditions. Massachusetts provides workers' compensation benefits to employees who sustain injuries or illnesses... View More

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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: is there a logically explanation why my worker comp attorney failed to request obtain or utilize my medical records

My attorney never obtained my medical records and failed to present them to the DIA.

I had one provider fax mental health records, faxed and confirmed. He failed to submit these as well.

All of my providers have written sworn affidavits and letters confirming my allegation.... View More

Michael Levin
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Michael Levin
answered on May 23, 2023

I'm sorry, but I can't answer your question. Generally speaking, all medical records should come forward. I have no idea why your existing attorney didn't get your records for you. Two possibilities come to mind, but they are just off the cuff guesses. One is that the insurance... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: In massachusetts workman's compensation cases , how vital is collection of medical records?

What role does the independent doctor have as far as determining liability?

Thank you

Michael Levin
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Michael Levin
answered on May 23, 2023

Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
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

Michael Levin
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Michael Levin
answered on Jan 8, 2023

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... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Will suing workers comp insurance raise my employers rates?
Michael Levin
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Michael Levin
answered on Mar 28, 2022

The answer is: sort of. Workers' comp insurance is rated first and foremost on a percentage of the wages paid to the employer's workers. Assuming there are no work incidents, that's all they really have to work with. However, once an incident occurs, the insurance company will... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More

Michael Levin
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Michael Levin
answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda
answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

2 Answers | Asked in Workers' Compensation for Massachusetts on
Q: I'm on 34A in Massachusetts and my adjuster refuse to pay me is this legal
Michael Levin
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Michael Levin
answered on Jul 27, 2021

This is a little difficult to answer without a little more context. Generally speaking, 34A benefits could not be stopped without permission to do so from the Dept. of Industrial Accidents. However, there are a few circumstances where they may be permitted to stop. For example, if you settled... View More

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2 Answers | Asked in Workers' Compensation and Arbitration / Mediation Law for Massachusetts on
Q: In my worker's compensation claim, the employer's side hasn't shown to mediation for the 3rd time. What happens now?

I made the error of writing mediation instead of Conciliation and also it was the insurer's representative not showing. Thank you for your quick response Laura Kiley, I appreciate it

Laura Kiley
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Laura Kiley
answered on Feb 9, 2021

Are you sure it was the Employer who hasn't shown, or was it the insurer's representative? Was it for a mediation or a conciliation? Mediations are voluntary when it comes to workers compensation so there isn't anything that would require them to attend a mediation. If it was the... View More

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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: How long does the first Conciliation conference typically take in a worker's comp case in Massachusetts?

A few hours, a few days, weeks?

Laura Kiley
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Laura Kiley
answered on Jan 8, 2021

Once a claim is filed it generally takes about 2-3 weeks to get a conciliation date. The actual conciliation itself is usually 10-20 minutes, not much longer.

Q: Employer in MA wants to send temp. employees out to get DOT physical exams/certifications. I interpret this as a Hipaa

violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... View More

J. Heath Dillon
J. Heath Dillon
answered on Dec 29, 2020

The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Need help with work related injury !!!

i broke my middle toe moving some PT lumber by hand, happened the 26th, nothing was done at work, 27th too much pain, smoked recreational marijuana for pain, 28th woke up with toe black, went to work to show them i was going to ER, now they want statement and drug test, 36 hours after, its now 3rd... View More

Jeffrey Young
Jeffrey Young
answered on Jun 3, 2020

It is not clear from your question if you have already been to an Emergency Room. If not, then you should go. If you have and they want you to see an orthopedic or podiatrist then you should call one and try to make an appointment. It is very difficult to see anyone now with the virus issues. They... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Am I covered for Workman's Comp if I was injured walking from work to a work-affiliated parking garage?

My parking fees are taken out of my check weekly.

Michael O. Smith
Michael O. Smith
answered on Mar 5, 2019

In Massachusetts, there is a "going and coming" rule where normally, you are not covered under WC if you injured yourself going into work or after leaving work. That being said, your case could fall into an exception to the rule where you were planning to go to a company affiliated... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?

the boss is denying he told me to take the equipment, as I said I get paid mileage and once I have been driving for 1 hour my regular rate of pay starts, the auto accident was a roll over accident where I was ejected from the vehicle at 70 mph, I had to be med flighted to a hospital in boston, the... View More

Michael O. Smith
Michael O. Smith
answered on Oct 16, 2018

Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I work for a sub-contractor - can I sue for workers' comp to my employer and its employer?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 17, 2018

Were you injured at work? if so, there is workers compensation claim potentially, and maybe a third party claim depending upon the particular facts.

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Is there a maximum number of times I can file for workers' compensation in MA?
Michael O. Smith
Michael O. Smith
answered on Jul 16, 2018

There is nothing stopping you from filing a workers compensation claim provided its for a new injury and its within the statute of limitations. If you plan on filing another claim for the same injury and the claim has already been adjudicated, then you may run into problems. I suggest you contact... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I have been out on workman's comp since April I went to an orthopedic who recommended surgery got approved for it

Then about 6 weeks later they called and said they could not negotiate a price so I went to their doctors and now he wants physical therapy again and gave me a whole new diagnosis. Not sure if I should get a lawyer or not they are only paying me a little portion because I can go back light duty but... View More

Michael O. Smith
Michael O. Smith
answered on Jul 10, 2018

It sounds like your medical provider is looking for payment above the rates of reimbursement WC is required to pay and therefore will not proceed with the story. Or it's your doctor just changing is opinions regarding the need for future medical care.

I suggest you contact an...
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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I have back issues caused by my long commute to/from work. Can I file for workers compensation?
Michael O. Smith
Michael O. Smith
answered on Jul 12, 2018

Under the "going and coming" rule, normally an injury that occurs during your commute off the employer's premises and off the clock will not be covered.

0 Answers | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Is it ok for employer to withhold a raise because I won't work Saturdays?

I got a raise from $13 to $14/hour. I agreed to $14 and only got it as I said i'd work 1 Saturday a month. Otherwise they were not going to give me a raise at all. I asked for $15, but my employer won't agree to it unless I work every Saturday. I feel I'm being punished for not being... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: Hi, I was personally injured at work and have been out of work due to injury for a week. Do I apply for workmans comp?

I dislocated my knee carrying a child downstairs performing job duties and reported incident to supervisior. Do not know if I am covered by workmans compensation for this or what course to pursue

David Alan Wolf
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answered on Feb 7, 2018

An injury is covered under worker's compensation if the worker is injured during the course and scope of employment. It would appear that your injury would be covered by worker's compensation. You should contact a local worker's compensation attorney to discuss your legal rights and... View More

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