Most people never have to take advantage of workers’ compensation, but for those who need it, it becomes an absolutely essential means by which they can make ends meet and survive after a serious injury at work. When employees are injured on the job, workers’ comp exists as a no-fault system of insurance that almost all employers are required to carry, which will cover your medical expenses, reimburse part of your lost wages, and even help with disability and job re-training if needed.
However, getting workers’ comp is sadly not always as easy or straightforward as it should be. Far too many people are denied compensation when they apply, for any number of reasons. When this happens, your best bet is to secure the services of a qualified Boston workers’ compensation attorney like Jim Glaser Law Injury lawyers.
Understanding Workers’ Compensation
In most states—Massachusetts included—employers are required to post notice of your workers’ compensation coverage in a conspicuous place in the office. Any time you’re injured and said injury will keep you out of work for at least five days, the employer is required to report the injury to their insurer and to the state Department of Industrial Accidents.
This is done using Form 101, a First Report of Injury form. This form must be filed with the state within seven days after your injury keeps you out for five days. After that, the insurance carrier has 14 days to determine whether to grant the claim.
Who Qualifies as an Employee?
Under Massachusetts law, employees are defined as anyone who is in the service of another person or entity, under a contract of hire whether it’s oral, written, express or implied. Exceptions to this rule include taxi drivers who lease cabs on a fee basis who are not treated as employees for federal tax purposes; seamen engaged in interstate or foreign commerce; and real estate and other salespersons who work on commission and not in a retail store.
Denials and the Boston Workers Compensation Attorney
It’s unfortunate, but insurance companies often go overboard in denying claims in an effort to cut down on abuse of the system. Often this happens in cases of emotional illness or stress-related injuries like carpal tunnel, tennis elbow, bursitis, rotator cuff injuries, and neck, back and spine injuries that don’t manifest physically. In addition, mesothelioma cases which manifest years after exposure to asbestos can be covered by workers’ compensation but you may need to fight to get the coverage you deserve.
When you are denied workers’ compensation, it’s possible to appeal the decision, but you will need qualified and experienced legal help in the form of a Boston workers compensation attorney. For many years, Jim Glaser Law has served the people of Boston and made sure that those injured on the job get the coverage they deserve.
Jim Glaser Law Injury Lawyers
Jim Glaser Law is proud to provide services as a Boston workers compensation attorney to the entire state of Massachusetts and across New England. When you secure our services, you won’t pay a thing unless we settle your case. If you need help facing a workers’ comp denial, don’t wait. Call us for a free consultation today.