Workers' Compensation

Payment or Denial of Workers’ Compensation Insurance Claim

Published on: October 28, 2020 | by KJC Law Firm, LLC

Workers’ compensation insurance coverage, also known as workers’ comp can give benefits to employees who suffer from a work related injury or illness. Workers’ compensation can protect your business and employees and also provide benefits to employees who are injured. Workers’ comp can help cover missed wages, medical expenses, vocational rehabilitation, or in extreme cases death benefits.

In Massachusetts, the claims reporting process requires an injured employee becoming eligible for weekly compensation benefits when they are physically unable to attend work for 5 or more calendar days as a result of injury or illness at work. The five days do not need to be consecutive. After missing work days, the employer is required to electronically fill out the Employer’s First Report of Injury / Fatality. If the injury or illness results in missing less than 5 full calendar days, then it is considered a “medical only” claim and does not have to be reported to the DIA.

Payment or Denial of Claim

Worker’s Compensation- Private Right of Action in Massachusetts

Published on: October 22, 2020 | by KJC Law Firm, LLC

By KJC Law Firm

Workers’ compensation benefits are exclusively for employees who are either injured or killed during work hours. Employees may not sue employers for damages other than work related injuries or illnesses. The employee is required to show a written notice to the employer and show him or her the claims of right of action.

The rights of action are under the common law either at hire or within 30 days of the time that the employer obtains insurance or becomes a self-insurer. The employee may sue in court if the employer does not have workers’ compensation insurance.

Obtaining Workers’ Compensation Coverage

Published on: October 14, 2020 | by KJC Law Firm, LLC

By KJC Law Firm

All employees in Massachusetts must carry workers’ compensation insurance for all employees and themselves if they are a member of the company. The requirement applies to everyone no matter how many hours worked or the number of employees. The only exception is for domestic employees who must work at least 16 hours a week to be eligible for workers’ comp insurance.

Members of limited liability companies (LLC), partners of a limited liability partnership (LLP), or sole proprietors of an unincorporated business do not have to carry workers’ comp insurance for themselves. This exemption does not include employees who are not members of the LLC or LLP. They must be covered. If these exception cases want coverage, they should contact an insurance broker.

Restrictions for Workers’ Compensation Insurance

Published on: October 7, 2020 | by KJC Law Firm, LLC

By KJC Law Firm

Workers’ Compensation Law

In Massachusetts, all businesses must carry workers’ comp insurance for all employees. This includes owners who are considered employees, no matter how many hours are worked per week. Also the Massachusetts workers’ compensation system insists that employees who are in domestic service must be covered if they work more than 16 hours per week.

Who is covered by Workers’ Compensation?

Published on: September 30, 2020 | by KJC Law Firm, LLC

Workers’ Compensation or workers’ comp is available to all employees who either become injured or ill at work. However, depending on your state or occupation; you may not be. A common myth is that all employees across the United States are covered. This applies to many but not everyone.

Are all employees covered?

The Federal Employment Compensation Act (FECA) provides all non-military and federal employees with workers’ compensation. Workers who are employed by either private companies, states, or local governments should contact their state’s workers’ compensation board for details on who is covered in their business. Some states do not cover occupations such as independent contractors, domestic employees, agricultural employees, or seasonal employees in the workers’ compensation system. Additionally, some states require coverage only if there are a certain amount of employees hired. To avoid dealing with claims against your company, contact a serious workers’ compensation attorney in your regional area.

What is Workers’ Compensation Insurance?

Published on: September 28, 2020 | by KJC Law Firm, LLC

What is Workers’ Compensation Insurance?

In any business, employees can get hurt. Thankfully, workers compensation insurance, also known as workers comp can give benefits to employees who suffer from a worker-related injury or illness. There are many beneficial ways in which workers comp can protect your business and employees. Worker’s comp will help cover missed wages, medical expenses, vocational rehabilitation, or in extreme cases death benefits.

Each state has its own workers’ compensation program. This means that laws for workers comp can be different depending on the location of your business. Under the Massachusetts workers’ compensation system, the Massachusetts General Laws require employers to provide workers’ compensation (WC) insurance coverage for all of their employees. This insurance pays for necessary and reasonable medical treatment related to illness or injury while also covering partial compensation for lost wages after the first 5 calendar days of total or partial disability.