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
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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.
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.
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... Read more »
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
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... Read more »
A few hours, a few days, weeks?
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.
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... Read more »
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... Read more »
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... Read more »
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... Read more »
My parking fees are taken out of my check weekly.
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... Read more »
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... Read more »
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... Read more »
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.
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... Read more »
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... Read more »
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... Read more »
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.
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... Read more »
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
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... Read more »
answered on Feb 7, 2018
In Massachusetts, you would receive 60% of your average weekly wage.
I worked there full time for about two months I injured my leg on the job, I told them about it they still had me work the next day I tried my best but could not work through the pain I told the manager I cannot work on it I need to go to a doctor to make sure it doesn't get worst I got hurt 2... Read more »
answered on Sep 5, 2017
Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.
answered on Jan 9, 2017
It depends on the reason you were driving your car - whether it was work related. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... Read more »
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