All employees owe a duty to their employers to diligently perform their day-to-day tasks. All employers owe a duty to their employees to provide a safe and hazard-free work environment. Because accidents on the job are nearly inevitable, employers owe a duty to their employees to help them recover from work-related injuries. The law of the state of Massachusetts upholds this principle in a system known as workers’ compensation. Workers’ compensation is a system of insurance that employers are legally required to have in place for the benefit of any employee who might be injured on the job. When you are injured on the job it is important to understand your rights and responsibilities so that you can receive full compensation for your injuries and avoid the financial strain of your recovery. Here are some helpful terms to know if you are an employee in Massachusetts:
“Pay-Without-Prejudice”
Massachusetts has a system in place that requires an employer to pay an injured employee even where liability is in dispute. This period lasts for a maximum of 180 days unless the insurer requests an extension. The extension can last for up to one year and requires your consent before taking effect. During this period the insurer may deny liability. If that happens your payments can be stopped or reduced by the insurer. However, the insurer is required to provide an explanation for taking that kind of action.
Insurer’s Notification of Denial
In Massachusetts an Insurer’s Notification of Denial is found on Form 104. This is the form that an insurer must provide to you, through certified mail, if your claim is denied. It is required that the insurer provide an explanation for the denial and inform you that you have the right to appeal the decision. This form will also give you the contact information for a claim representative if you have questions about the decision to deny your claim.
Employee’s Claim
This is Form 110. This is the form that you have the right to file if an insurer denies your claim. You will file this claim with the Department of Industrial Accidents in Massachusetts’ Executive Office of Labor and Workforce Development. It is in your best interest to attach medical bills to this form that support your claim and a doctor’s evaluation stating that you were injured on the job site. You will mail this to the DIA and to the insurer. It is also wise to keep a copy of the Form 110 for your own records.
If your claim is accepted by the insurer you may not need to seek an attorney. However, if you have been seriously injured on the job or if the insurer is denying liability, it is in your best interest to contact an experienced workers’ compensation attorney. If you win your case, Massachusetts law requires the insurer to pay your attorney’s fees. Contact Peter Ventura today to discuss your workers’ compensation claim at (508) 755-7535.
