Q: After I am
injured on the job, how long does the
insurance company have to start sending me
checks?
A: When you have been unable to
earn full wages for five or more days due to
an injury on the job, your employer has
seven days, not including Sundays and legal
holidays, to report the injury to its
insurance company. The insurance company
then has 14 days from receipt of the first
report of injury to mail you a check or, if
it intends to contest the claim, to send you
a form stating its reasons for denying
compensation.
Q: If I am injured on
the job and have to go to the hospital for
treatment, does my employer have to pay me
for the entire day?
A: The only
requirement under state law is that your
employer needs to pay you for the hours you
actually worked. If your employer does pay
you for just the hours you worked, then the
day you were injured would be considered the
first day of disability. If your employer
paid you for the entire day, or shift, then
the next day would be considered the first
day of disability.
Q: The insurance
company sent me a notice about having their
doctor examine me. Do I have to go? Do
they have to reimburse me for lost wages?
A: Yes, you
have to submit to reasonable requests for
examination by the insurance company's
doctor. However, these examinations must be
at 'reasonable' intervals for each
particular injury claimed. The insurer must
reimburse you for reasonable travel
expenses, but not for lost wages if you miss
work due to the appointment.
Q: How long do I
have to file a claim after I am injured?
A: Under
§41 of Chapter 152, for injuries on or after
January 1, 1986, a claim must be filed with
the insurer within four years of the date an
employee becomes aware of the causal
connection between their disability and
their employment. In the case of the death
of an employee, the claim must be within
four years of death. If you receive a notice
of denial from the insurer (Form 104), you
would have four years from the date you
received it to appeal the denial. For
injuries prior to 1/1/86, the statute of
limitarions is one year.
Q: My check is late
or the insurer promised to pay, but I
haven't received any money yet. What do I
do?
A: How late
is the check? Have you changed addresses
lately? The insurance companies have high
turnover rates w.ith their claims adjustors,
and sometimes checks that should be mailed
out aren't. If you have been getting checks
regularly and the most recent check is a
week or more late, or it has been more than
two weeks since the insurance company agreed
to compensate you, call our office at (508)
677-4900 or e-mail us at
dgklaw@aol.com.
Q: I collected WC
benefits for several months, then tried to
go back to work. After a week I had to
leave work due to my injury. I notified the
insurance company. Do they have to resume my
benefits?
A: Yes. Under the workers'
compensation law, §8 (2) (c), in cases where
liability has been established, if you
return to work for less than 28 days, and
are forced to leave work again due to your
injury, the insurer must resume payments to
you. However, you are required to report
your renewed disability to the insurer, in
writing, within 21 days of going back out.
The insurer must resume these payments
within 14 days of receiving notice from you.
Q: I came to an
agreement for compensation with the
insurance company (or judge ordered the
insurance company to pay me compensation).
How soon do they have to pay me?
A:
Compensation must be be paid within two
weeks of knowledge from any source that
payment is due. An exception is made for
employees of the
Commonwealth of Massachusetts, and for
employees receiving benefits from the
Workers' Compensation Trust Fund, whose
checks may take a bit longer.
Q: The insurance
company sent me to their doctor for
evaluation, and now they won't send me a
copy of the report. Do I have a right to
that report?
A: An injured worker may
invoke Sec. 20 or 30A of the MA workers'
comp law, which requires the insurer to
provide a copy of the report. Also, the
employee can invoke the Patient Bill of
Rights.
Q: I injured my back
on the job. When I went to a doctor for
treatment he refused to handle my case,
saying that he didn't accept workers'
compensation cases. Can he do this?
A: Yes,
there is no requirement in the law for
medical providers to accept workers'
compensation cases
Q: I was injured on
the job, and I'm getting weekly checks. My
employer has terminated me. Are they
allowed to do this?
A: Unless
your union contract, or individual contract
of hire, requires it, an employer does not
have to hold your job open while you are
unable to work due to an Industrial
accident. But, §75 of the workers'
compensation law docs require employers to
give preferential treatment in the rehiring
of injured workers when they are ready to
return to work.
Q: How does collecting social
security affect my workers' comp benefits?
A: Workers'
Compensation insurance benefits are not
affected by collecting Social Security
benefits. If you are receiving social
security disability benefits, that could
affect any cost of living adjustments. More
information on this is available from the Social
Securitv Administration.
