In Massachusetts, does an employer have the ability to make decisions about whether their employees receive workers' compensation after a work accident? The answer to that question is – No.
Employers’ Responsibilities After a Work-Related Accident
When a worker is injured on the job in Massachusetts and they’re unable to return to work for five (5) or more days to earn their pay, their employer has to report that work accident and the injuries to their workers compensation insurance company and to the Massachusetts Department of Industrial Accidents. However, the employer does not decide whether to approve or deny a workers’ compensation claim.
Workers’ Compensation Insurer Can Pay or Deny a Claim
Once the employer’s workers’ compensation insurance company receives notice of the accident and the injuries, they will then review and evaluate the claim. They can then decide whether to voluntarily pay benefits to the injured worker or to deny a claim.
Here’s What You Can Do if Your Claim is Denied
If an injured worker’s claim is denied or they haven’t received any communication or contact from the workers’ compensation insurance company for a certain period of time after the work accident, they then have the right to file an Employee’s Claim for Benefits at the Massachusetts Department of Industrial Accidents seeking the benefits they deserve. In that case, the decision is in the hands of an Administrative Judge at the Massachusetts Department of Industrial Accident.
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.