Legal Question in Workers Comp in Massachusetts

Re: Mis-Diagnosis on workers comp.

So long as your disability is due to a work related incident, you are absolutely covered by M.G.L.c. 152 (The Worker's Compensation Act). You cannot be penalized for attempting, in good faith, to return to your emplyment. So long as the injury and resulting disabilty are related to a bona fide work related incident, you are entitled to reasonable and related medical expenses for as long as same are necessary and payment of 60% of your average 52 week wages during any period of reasonable and related disability.

I am assuming it is your Employer that is telling you that you do not qualify. This is neither uncommon or surprising. Not only are they not telling you the truth, they are not supplying you with all the information to which you are entitled. First, you have the right to know the identity of the worker's compensation insurer, the date your injury was reported to the carrier (Your Employer is required to notify the Insurer within 7 days of notification of the injury), a computation of your average 52 week wage, as well as, a copy of the Employer's First Report of Injury. Additionally, the Insurer is required to inform you of their case handler's name, your file number and they are required to decide, in writing, within 14 days of notification, whether they will voluntarily make payment or deny the claim.

If the Insurer does not voluntarily pay, you have the right to file a claim with the Department of Industrial Accidents. The system is set up to allow you to get a private lawyer at little or no cost to you. If a lawyer successfully gets compensation for you at either a Concilliationj (1st step), Conference (2nd level) or full hearing, the Insurer will be made to pay them a fee. Unfortunately, both Employers and Insurers often attempt to frustrate an Employee so that they will abondone a claim. However, with a little patience and the assistance of an attorney experienced in worker's compensation law, you can obtain wage benefits, lifetime medical care for your work related injury and vocational rehabilitation services.

For more detailed information, you can log onto the Department of Industial Accident's web site, either directly or through the Commonwealth of Massachusetts State site. Good luck and don't go it alone!