If you are thinking of setting up a business in Massachusetts, one of
the things that you need to familiarize yourself with would be the Workers’
Compensation System.
Defining An Employee
Massachusetts Workers’ Compensation System defines an employee as
someone who is “in the service of another under any contract of hire, express
or implied, oral or written”. Lawyers would tell you that there are some
exceptions to this such as in the case of seamen who are involved in interstate
or foreign businesses; sales people who are commission-based or work via a
buy-and-sell basis; taxi drivers who are not treated as employees under the
federal tax law; and, those who are covered by the federal law for compensation
on injury or death and are engaged in interstate or foreign businesses.
Reporting An Injury
In case the injury results to total or partial disability but the
employee is still able to work for five or more calendar days, he or she can
file a claim for weekly compensation. In this case, you would need to file the
Employer’s First Report of Injury/ Illness/ Death. The form that you will fill
out is known as the Form 101.
If the injury has resulted to the employee being unable to work for five
or more calendar days, whether continuous or broken, a copy of the said form
would have to be provided to the employee, to the Department of Industrial
Accidents (DIA), and the insurance coverage provider within seven business days
counting from the fifth day of the employee’s inability to work due to the
accident. You need to make sure that the form you would be submitting to the
DIA is the original copy.
No comments:
Post a Comment