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Massachusetts Workers' Compensation Questions & Answers
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
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... Read 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
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... Read 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
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... Read 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... Read 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... Read 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... Read 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... 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
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
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... 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
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
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...
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
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
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... Read more »

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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... Read more »

Jonathan R. Roth
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
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.
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 relationship.

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.
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
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
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.

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