No, your employer cannot and does not decide the outcome of your workers' compensation case in Massachusetts. Your employer has a duty to report your work accident and injury to their workers’ compensation insurance company. But they do not get to decide whether you receive workers’ compensation or not.
Once the workers’ compensation insurance company receives notice of your work-related injury from your employer, they can decide to voluntarily pay you the benefits you deserve. However, if the insurance company either denies your workers’ compensation claim or you do not receive any contact or communication from the insurance company for a certain period of time, you have the right to file a claim at the Massachusetts Department of Industrial Accidents (DIA). If you file a claim, an Administrative Judge at the DIA will decide your worker’s compensation claim, not your employer.
The workers’ compensation benefits you may receive - including medical and disability benefits - will be determined by the extent of your injury and disability and the medical evidence that supports them.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.