Massachusetts Workers Comp Benefits
Types of benefits derived from a workers comp claim
Workers compensation seeks to solve problems for employees and employers by providing medical and financial benefits, so injured workers can recover and return to work. Yet, workers compensation remains confusing for many employees who do not understand how the system works. An experienced Boston workers compensation lawyer can answer your questions and provide valuable guidance so you get the full benefits of a claim.
What are your benefits under MA workers compensation?
- The right to choose your own doctor
- Paid medical bills
- Emergency room
- Doctor visits
- Diagnostic tests
- Physical therapy
- Independent insurance examinations
- Lost wages
- If totally disabled, 60 percent of average weekly wages
- Three years maximum for temporary total disability
- Partial disability compensation at 60 percent of the difference between your prior and current wage amount
- Five years maximum for partial disability
- Awards for disfigurement or permanent disability
- Vocational rehabilitation
The role an attorney plays in the claims process
When insurance companies deny benefits, workers comp attorneys help clients file claims (including medical records) with the MA Department of Industrial Accidents (DIA). The claimant’s attorney meets with the insurance company's lawyer for conciliation to attempt reaching a settlement. However, if there is no settlement, your claim moves forward to a conference before an administrative judge. Your lawyer and the insurance company's counsel both briefly present their cases and shortly afterward, within a week or so, the judge issues a conference order to award or deny the claim.
If you or the insurance company disagrees with the judge's findings, the next step is appeal. Generally, the DIA appoints an impartial physician to examine you at this point. The doctor submits the medical report and your case appears before the same judge for a formal hearing. The hearing allows both attorneys to examine witnesses and present evidence, and much like a trial, hearings are lengthier processes.
Once the judge files the hearing decision, both counsels have thirty days to file an appeal to the Reviewing Board at the DIA, and subsequent appeals go to the Massachusetts Appeals Court and the Supreme Judicial Court.
Contact us for a free consultation
If you have concerns about workers compensation in Massachusetts, arrange a free consultation with Attorney Robert L. Noa and find out how our firm can help. Call 1-866-785-2958 today or contact us using our online form.