Lawyers, Answer Questions  & Get Points Log In

Massachusetts Workers' Compensation Questions & Answers

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 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 parking lot.... Read 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... Read more »

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... Read 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 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 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 »

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 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.

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... Read more »

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 experienced...
Read more »

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: If my workers' comp claim gets approved, what percentage of my pay will it cover?

Steven A. Schwartz answered on Feb 7, 2018

In Massachusetts, you would receive 60% of your average weekly wage.

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 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 recommended... Read more »

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on

Q: Lawsuit for injury at work then being fired

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 days... Read more »

Jonathan R. Roth 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.

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on

Q: injured at work in January I was denied my claim 4 months later they asked me to go to a Independent doctor what for

If they already denied my claim

Steven A. Schwartz answered on Apr 20, 2017

The worker's compensation carrier is entitled to have you examined by an independent doctor of their choosing. However, you are free to treat with any doctor of your OWN choosing.

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: I'm a maritime worker who was injured on the job.

I was going to file for workers' comp but a coworker told me I might have other options because of the US L&H. Do I file for both or only one?

Ali Shahrestani, Esq. answered on Jan 18, 2017

See: https://www.dol.gov/owcp/dlhwc/lhwca.htm

Also: https://www.dol.gov/owcp/owcpcomp.htm

The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client...
Read more »

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: Can I file for workers' comp if I was in a car accident while on the job?

Ali Shahrestani, Esq. 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 »

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: Is there a time limit to file a workers' compensation claim?

Peter N. Munsing answered on Nov 29, 2016

Yes, but more importantly if there wasn't a report of injury you may still have problems. Contact a member of the Mass Academy of Trial Lawyers in your area--they give free consults.

2 Answers | Asked in Personal Injury and Workers' Compensation for Massachusetts on

Q: My company did not follow procedure And had me work on blocking That was contaminated With asbestos. What should I do.

Peter N. Munsing answered on Sep 17, 2016

Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on

Q: I had a injury claim denied and years later my injru has prevented me from certain work.is company liable?

I injured my k ee at work,my claim was denied by Liberty mutual on the basis of lack of diagnosis by doctors.I am still in P.T.,I've had injections,MRIS,CT scans, and seen several specialists.prior to that I was testing out to be a Police Officer.I can no longer run therefore can not become a... Read more »

Peter N. Munsing answered on Aug 16, 2016

Start by seeing a member of the Mass Academy of Trial Lawyers who handles comp. That is about all you can do.

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on

Q: I was injured at work, due to my mgr's negligence & now I'm not working & have no income! I need legal help please?!

I injured my back at work & was waiting to get a letter of accommodation, when my Mgr said "until you have ppwk in hand, you're expected to perform ALL duties required of all EMT/Security officers!" When I went to HR to ask them what to do, I was sent home & taken off the schedule..until further... Read more »

Mr. Michael O. Stevens answered on Mar 1, 2016

You should file a worker's compensation claim, which would include income. Find a local WC attorney who can help you with it, as they may also figure out a way to go after the employer for the actions after the incident.

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: Can I get a second opinion from another doctor about whether I can go back to work?

Timothy J. Deffet answered on Oct 11, 2012

In most states you can. Contact a MA attorney to assist you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.