Thursday, 20 August 2015

Don't Miss Getting Compensation for Work Injuries

If you have suffered an injury or contracted an illness while at work, workers compensation benefits will help you financially while you recover. Depending on the circumstances of your case, you may be able to receive benefits if you are injured while working at home or in another remote location. Regardless of where you got hurt or sick, there are guidelines that you must follow to have your case fully processed.

The state of Massachusetts gives you one year from the date of your injury or illness to file a claim if the injury occurred before January 1986. For injuries that occurred after 1986, you have four years to file a claim from the time you believe a workplace accident happened, which led to an injury. If an injury leads to death, family members have four years to file a claim.

The first date of disability is the day you got hurt, if you were not paid for the full day of work. Otherwise, the next day is the first day of your disability. To qualify for benefits, you must be out of work for five days, and your employer has seven days to report the injury.

The insurance company providing coverage for your employer then has 14 days to start paying on the claim or send a denial notice. In some cases, you may be asked to see a doctor representing that company even if you have already seen a doctor, which you must do to preserve your benefits.

Saturday, 15 August 2015

Guide to Massachusetts’ Laws and Statutory Rules from an Injury Lawyer

When it comes to matters concerning vehicle accidents and auto insurance, Massachusetts is a no-fault state. Basically, this means that those injured in car crashes are expected to seek compensation under their own insurance coverage. There are certain exceptions to this rule, though, like when your reasonable medical expenses exceed $2,000 or when you suffered serious and permanent disfigurement leading to the loss of your vital functions, such as sight or hearing. As it stands, this threshold is a bit vague because there is no science that exactly determines the level of injury that can classify it as a “serious disfigurement”. Your personal injury lawyer may then have the flexibility to seek further negotiations on whether or not your claim can be limited by the no-fault rule.

Thursday, 13 August 2015

Massachusetts Businesses Get Break In Workers Compensations Costs

The Massachusetts Department of Industrial Accidents (DIA) lowered the assessment rate that private employers are expected to pay to the state on workers’ compensation policies. For the new fiscal year, the policy premium is now 5.75 percent down from 5.8 percent during the last fiscal year. This new premium rate is effective for the 2016 fiscal year beginning on July 1, according to a letter circulated on July 2 by the Massachusetts Workers’ Compensation Rating and Inspection Bureau (WCRIBMA). According to the Insurance Journal News report, Massachusetts governor, Charlie Baker, announced that his administration was focused on this rebate so that companies can enjoy a bit of tax relief.

Wednesday, 12 August 2015

Hire an LTD Attorney Before Filing a Claim

If you’re thinking of filing a claim for long-term disability (LTD) benefits, it may be worthwhile to hire an attorney before doing so. As your employer's insurance company has no incentive to approve your claim, it will look for any excuse to deny you the benefits that you deserve. Therefore, something as simple as a missing document or missing a deadline to file a document could hurt your case before it begins.

An attorney will make sure that your case is as strong as possible before you start the process of filing paperwork. He or she will ensure that the evidence is stacked in your favor if your case ever goes to trial, as it may not be possible to present new evidence during the hearing process.

Likewise, your attorney will make sure that you have received regular care from a physician and that you have refrained from doing anything that could make you seem healthier than you really are. For instance, if you claim to have a back injury, your attorney will make sure that you aren't lifting heavy objects. Even if the lifting causes you pain, your employer’s insurance company is sure to look for evidence that you are faking your injury so it can deny your claim.

Finally, your attorney will make sure that you don't quit your job or take another position, as doing so could reduce the benefit that you are entitled to or eliminate it altogether.

How is LTD Different from SSI Disability?

If you have been injured on the job, you may be entitled to long-term disability (LTD) benefits. However, it is important to note where these benefits come from. Aside from social security disability, LTD compensation can also come from your employer's insurance company. As such, the criteria to receive such benefits may be different than what you expect them to be.

You may be entitled to SSI disability benefits based on your previous work history and how much you’ve paid into the system through FICA taxes. With LTD benefits, the amount that you may receive depends on how much you currently make. Furthermore, you may not be entitled to benefits if you quit your job, as they may be dependent on a current employer-employee relationship.

In some cases, you may be able to combine your social security and long-term disability benefits. However, it’s possible that your long-term benefits terminate when you start to receive disability benefits from the government. Conversely, you may not be eligible for social security benefits if you already have long-term disability insurance coverage.

That said, you are not guaranteed to receive long-term disability insurance. If neither the worker nor the employer carries coverage, the worker may have to rely on other benefits if he or she is out of work due to a serious injury. As each situation is different, it may be worthwhile to consult with an attorney prior to making a claim for either social security or long-term disability benefits.