Workers’ Compensation FAQs

When you are hurt on the job it is important to make a workers’ compensation claim. When injured you can be displaced from work for an extended period of time without pay. It is important to file a workers’ compensation claim to ensure that you receive the benefits you deserve to help cover your expenses.

Workers’ compensation is your only legal recourse against your employer for a work-related injury. It is critical that you fully understand your legal rights and obligations for making a workers’ comp claim. To help you better understand your legal rights, the Massachusetts workers’ compensation lawyers at Attorney Injury Group have prepared this workers’ compensation FAQ.

Workers’ Compensation FAQs

When can I make a workers’ compensation claim?
If you have been injured while at work as a direct result of the work being performed, you can make a workers’ compensation claim. Whether you work in an office or on a construction site, even if there was no negligence involved, you can file a claim. As long as you were not intoxicated, under the influence of drugs, or violating any clear company policies you are able to file a claim regardless as to who was at fault.

What does workers’ compensation cover?
Medical costs, partial lost wages, and temporary or permanent disability (either partial or total) are all included in workers’ compensation coverage. Pain and suffering damages, emotional distress compensation and punitive damages are not covered under workers’ compensation.

How do I make a workers’ compensation claim?
Your first report of injury can be filed with your employer following any work-related injury or if you become ill due to your work duties. Your employer will then review the report and any other medical information/details related to your injury. Your claim will either be approved or denied. If your claim is denied, you will need to file a claim with the Massachusetts Department of Industrial Accidents (DIA).

What if I am denied workers’ compensation benefits?
There is an administrative appeals process at the DIA you can go through in order to appeal the denial. It is important to have an experienced workers compensation lawyer helping you through this process. There is a limited time window in which you are able to file a claim. Do not hesitate to contact a lawyer!

What if I am disabled?
You will be able to receive temporary disability benefits if you become disabled as a result of a work injury. These benefits are considered temporary until either you reach maximum medical improvement, your benefits expire, or you are deemed permanently disabled. You may be entitled to receive permanent disability benefits if your injury prevents you from working on a long-term basis.

What if I am only partially disabled?
If your earning power is limited by your injury, but you are still able to work you can receive partial disability benefits through workers’ compensation.

Do I need a lawyer for a workers’ compensation claim
Each work-related injury is different and in very simple cases, you may not need a lawyer to pursue a workers’ compensation claim. Unfortunately, employers and insurers often try to minimize the benefits that you are due, miscategorize your injuries, or even try to force you back to work before you are ready.