Boston Injury Attorney Blog

If you have been injured on the job, and you miss 5 full or partial calendar days because of a workplace related injury, you are entitled to workers’ compensation. On the 5th day of your absence from work, your employer has 7 days to report your injury to their workers’ compensation insurance company. The insurance company has 14 days to either mail you a check or to deny your claim. If the insurance company denies your claim, they will send you a form stating the reasons for the denial of your compensation. 

If your workers’ compensation check is more than 4 days late (not including weekends and holidays), then you should call your claims adjuster and ask them if the check has been cleared with their bank. If the check has not been cleared, tell them to stop the payment, and immediately reissue the check. Your claims adjuster will need a maximum of 5 days to confirm with the bank about whether or not the check has been cleared. Once your claims adjuster has confirmed that the check has not been cleared, they will require you to sign an affidavit stating that you didn’t receive the check. Then, they will reissue you a check, and the attorneys at Bellotti Law Group, P.C. will help you with this issue. 

Workers’ compensation checks are paid every two weeks, on a designated day decided by the insurance company. Make sure to keep every envelope that your checks come in, as this envelope can be used as evidence of late check payments. There are usually no penalties for checks that are delayed by a day or two, but a pattern of delays by workers’ compensation insurance companies has substantial penalties. 

Victims of nursing home abuse and neglect often cannot speak up for themselves due to physical or mental limitations, as well as fear of retaliation. Nursing homes may have a standard practice of requiring new residents to sign away their legal rights as a prerequisite for admission. These contracts almost always have an arbitration agreement. These contracts outline that all disputes are handled before an arbitrator, rather than being handled by a courtroom judge. These documents are contracts that put plaintiffs at a huge disadvantage. 

A government report indicates that 1 out of every 3 nursing homes were cited for over 9,000 instances of abuse in a two year time frame. Here are the most common nursing homes abuses committed: 

• Untreated Bedsores 

An accident at work can be traumatic and painful. If you or a loved one have been injured on the job, it is important to protect yourself and talk to an experienced workers compensation attorney in Massachusetts. The workers’ compensation process is complicated. One error can result in denial of claims, denial of treatment, or termination of employment.

If you have contracted an illness at work, or sustained a workplace injury, our workers’ compensation attorneys at the Bellotti Law Group, P.C. can help. We have over 38 years of expertise in dealing with workers’ compensation cases. Each of our workers’ compensation attorneys are well prepared to help clients and their families receive the compensation they deserve after a work-related injury. Contact us today at 617-225-2100 for a free consultation. 

What Should I Do If I Have Been Injured at Work? 

If your benefits are stopped after the initial 180 day period, you can dispute the insurance company’s decision by requesting a Conciliation. A Conciliation is an informal meeting between your company’s insurance carrier and you. It is crucial that you have representation on your side. The lawyers at Bellotti Law Group, P.C. can ensure that you receive the compensation you need. Call 617-225-2100 for a free consultation today. 

If the insurance company still has not reinstated your benefits, you can schedule an informal Conference. At the Conference, you will appear before an Administrative Judge at the Department of Industrial Accidents (DIA). The DIA decides workers’ compensation disputes. At the Conference, you need to prove the following: that you were disabled from work, your injury is work related, and that your medical bills were reasonable and necessary for the treatment. The judge will hear your evidence, and then decide to reinstate or deny your benefits. After the judge decides, both sides have the right to appeal to a Hearing if they disagree with the decision. 

The Hearing is a formal part of the worker’s compensation benefit process. At the Hearing, the judge from the Conference will hold a formal proceeding, and listen to both sides. Evidence such as witness testimony and documents are submitted. Witnesses are sworn in under the pains and penalties of perjury and the rules of evidence will apply. The judge will issue a decision and if either party believes the judges’ decision is incorrect, they can file an appeal to the Reviewing Board. 

Workers that are temporarily totally disabled can receive a maximum of 60% of their average weekly wage for up to 3 years. If a worker is partially disabled by an industrial accident, they can receive 60% of the difference between their pre-injury wage and the wage they are capable of earning after the disability. Payments for partially disabled workers are payable for up to 5 years. An injured worker can receive weekly benefits for life, if the worker is unable to work in any capacity for the rest of their life. 

The insurance company will obtain a wage record from the employer. The average weekly wage is calculated by dividing the total gross wages by the number of weeks worked. The total gross wages includes overtime and bonuses. If the work is considered seasonal, the total wages are divided by 52 weeks, regardless of whether or not the employee worked the entire 52 weeks. 

If an injured worker is unable to work in any capacity, they are entitled to 60% of their average weekly wage. If an injured worker is partially disabled, the difference between the earnings the worker is expected to earn and their average weekly wage is multiplied by 60%, and this calculates their partial disability rate. The partial disability rate is at maximum, 75% of the total disability rate.