Answers to Common Workman's Compensation Questions

If you get injured at work, you are going to have a lot of questions about what comes next. As a way to help you better understand your situation, here are some answers to common questions related to Massachusetts workman's compensation.

Can I Be Reimbursed for Travel Expenses?

If you have been injured at work and have had to incur traveling expenses because of it, you may be able to get reimbursement for these expenses. Currently, the rate for mileage in these types of cases is $0.45 per mile. Other expenses that may be covered include taxi service and parking.

What Medical Records Does my Attorney Need?

While there isn't one answer that will cover this for every person, a good rule of thumb is to allow your attorney access to any medical records they ask for. Sometimes a worker may feel that certain records may not have a direct relation to their case or they may feel that they are too sensitive for others to see. When defending you, an attorney must be aware of all arguments your employer and their insurance company lawyers may use, including medical history.

Are Workers Paid 'Under the Table' Eligible?

This is a very tough but fairly common question. The first thing you should do is contact a Massachusetts workman's compensation attorney. They can help decide if you are considered an employee according to the Massachusetts Workers Compensation Act and the next steps to take.

An Employer's Responsibility to the Employees

In the state of Massachusetts, it is the responsibility of employers to guarantee to a reasonable degree the health and safety of their employees while they are working. This does not just apply to employees in high risk professions like warehouse workers, factory workers, or engineers. Regardless of the working environment, the safety of employees should be foremost on employer's minds.

If an injury was caused as a result of a failure on the company’s part to protect their employees, an employee can take legal action to recoup lost earnings and other damages. Work-related injury in the state of Massachusetts is defined as any injury or any sickness that takes place while the individual is involved in his or her work duties. This includes injuries that happen when a person is working at the office, at a remote location, or while traveling.

The most common work-related injuries are connected with heavy lifting, trips and falls, repetitive movements, and injury caused by machinery. Employers are responsible for minimizing these accidents by doing the following:

• Maintaining and regularly checking the safety of all machines
• Minimizing irritants such as dust, noise, and fumes
• Providing employees with protective clothing
• Reporting diseases and injuries to the necessary authorities
• Having sufficient first-aid kits and supplies available
• Assessing the risk of fire and floods

When an employer fails to provide proper protection, and as a result an employee is injured, the employee may be entitled to financial compensation for his or her injuries and lost wages.

Understanding the Benefits of Long-Term Disability Insurance

Long-term disability provides protection for employees who are disabled and can no longer work. Reasons for disabilities may include injury, mental health issues or major illnesses. Long-term disability gives workers a way to continue to cover their financial obligations even when they are not earning a salary.

Most employees will purchase long-term disability insurance through their employer. There are different plans that an employee can purchase, and they usually come bundled as a part of a comprehensive benefits package. If companies do not offer long-term disability insurance, or if an employee feels that the insurance offered is not sufficient to cover their needs, they have the option of purchasing individual long-term disability plans from insurance agents. In many cases, this insurance is expensive.

Long-term disability insurance is designed to work once short-term disability insurance has run its course. In most cases, short-term disability insurance is designed to last between 3 to 6 months. Typically, long-term disability insurance will pay an employee between 50 to 70 percent of their salary. Some long-term policies are designed to provide protection for a set period of time, usually from between 2 to 10 years.

All long-term disability insurance policies have set conditions for payout. Certain diseases as well as pre-existing conditions may be excluded from the policy, and there may be other stipulations that minimize the usefulness of a particular policy for an employee. For this reason it is essential that employees do their research when finding a policy that is right for them.