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Work Injuries FAQs

What Do I Do If Someone Other Than my Employer Caused my Injury?

If someone other than your employer is responsible for your injury, then you may have a case for a “Third Party Negligence” claim. Under this option, you allege that a third party caused your injury, which does not include your employer. Speak with an experienced member of our team to review the details of your case to help determine whether this type of claim may be applicable.

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What are the Most Common Workplace Injuries?

Some of the most common workplace injuries include slip and fall accidents, entanglement, repetitive motion injuries (ie. carpal tunnel syndrome), and overexertion injuries.

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What If my Employer Did not Purchase Workers’ Compensation Insurance?

If your employer did not purchase workers’ compensation insurance, you can request state-funded workers’ compensation insurance coverage. You also have the right to file a lawsuit against your employer for not carrying workers’ compensation insurance, which is a requirement of the state.

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What Options Do I Have If a Co-Worker Caused my Injury Due to Negligence?

Under Workers’ Compensation law, you cannot sue your employer for negligence or other civil lawsuits. If you believe a third party, such as a coworker, was responsible for your accident through negligence, then you may have a case for filing a civil suit against that individual or entity. A member of our team can assist you in reviewing the details of your case and determining whether you may have cause for filing a separate civil lawsuit against that individual or entity.

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How Should I Inform my Employer If I Was Injured on the Job?

You should immediately report your injury to your supervisor and seek out medical attention for your injuries.

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How Long Do I Have to Report my Workplace Injury to my Employer?

You have 4 years from the date of your injury or realization of your injury to file a worker’s compensation claim.

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When Do I Report my Workplace Injury?

You should report your workplace injury immediately to your supervisor. If you are not able to alert your supervisor at the time of your accident, then you should alert them as soon as possible.

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What Happens If the Workplace Injury Was my Fault?

If you are at fault for your workplace injury, you are still entitled to receive workers compensation benefits. Contact our team for a free consultation to discuss your case and learn more.

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What Do I Do If my Employer and / or Their Insurance Company Denies my Claim?

If you believe that your employer or their insurance company has wrongfully denied your claim, it’s best that you consider hiring an experienced attorney to review your case and fight for the benefits that you deserve for your injury.

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Is Medical Care Provided in the Case of an Accidental Injury Even When No Claim is Made?

You can seek out medical care without a workers’ compensation claim; however, if you do not file a claim, then you will be responsible for using your own insurance plan and paying for any out of pocket expenses.

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Is the Injured Worker Required to Have a Medical Exam When Requested by the Employer or Insurance Company?

Yes, under the law in Massachusetts you are required to have an Independent Medical Examination (IME) either immediately after your injury or when the insurer believes that the treatment that you have received to date is sufficient ahead of reducing or terminating payments. If you do not complete your exam with the independent physician, then you may be at risk of losing your benefits.

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Is the Insurance Company Supposed to Pay my Medical Bills Related to my Work Injury?

Yes, the workers’ compensation insurer for your employer is responsible for paying your medical bills once your claim has been approved. If your claim is denied, they are required to inform you of the reason for the denial.

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What Type of Light Duty Job Can my Employer Offer Me?

Your employer may offer light duty work until you are able to return to performing the duties of your role prior to your accident. Examples of light duty work which may be less physically and mentally taxing include taking inventory for your company, overseeing job sites, or working a desk job.

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What Should I Do If I Return to Work?

In order to ensure that you are able to complete your job responsibilities when you return to work from your injury, your employer will give you a trial period of 28 days. If during that trial period you find that you are not able to continue to perform your duties, then you must notify your employer and insurer. Depending upon your injury, your workers’ compensation benefits may be reinstated under your original claim. If the injury is the result of a new accident, then you will most likely need to file a new claim.

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How Can I Find a Doctor Who Will Treat Me for my Injury?

Your primary care physician or the physician treating you in the emergency room are the best first step for getting a referral for doctors who will see patients with workplace injuries. If your employer has entered into a “Preferred Provider Agreement,” then you will need to make your first appointment in one of the preferred facilities. Following that appointment, you can continue to see a physician that you choose for your remaining appointments.

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What If I am an Independent Contractor, Not an Employee?

In Massachusetts, independent contractors are not entitled to workers’ compensation benefits. With that said, the duties that you perform with your role may actually qualify you to be considered as an employee. To help determine whether you may fall into this category, contact an experienced attorney to determine whether your role and workplace injury qualify you for workers’ compensation benefits.

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What If I Wasn’t Doing my Job When I Got Injured?

You are entitled to workers’ compensation benefits whether or not you were performing your job duties if the injury occured on your employer’s premises.

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Does my Employer Have to Retrain Me If I Can No Longer Do my Pre-Injury Job?

As part of your workers’ compensation benefits, you may be able to access retraining from your employer. To help determine whether that is applicable for your circumstance, contact the Office of Education and Vocational Rehabilitation and consider contacting our team for a free consultation to better understand if you may qualify for this benefit.

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How Do I Know If the Settlement Amount I am Offered is Fair?

An experienced attorney can help determine whether the settlement amount that you are offered is within the range that they have seen for other cases similar to yours. They will also be able to advocate on your behalf if the settlement amount is below what you should be entitled to receive.

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