Qualifying For Workers’ Comp In Massachusetts
Not all workers qualify for workers’ compensation in Massachusetts. To get benefits, you must first meet three criteria:
- First: Your employer must carry workers’ compensation insurance. (For many, this is required by law.)
- Second: You must be an actual employee — not an independent contractor or volunteer.
- Third: Your injury or illness must be work-related.
What about fault? Your employer does not need to be at fault for your injuries in order for you to receive benefits. Workers’ compensation is a “no fault” system.
An experienced Boston work injury lawyer can help explain these requirements to you and whether you meet them. If you would like to discuss your work injury case with an attorney, contact Barry D. Lang, M.D. & Associates. We can help you obtain the workers’ compensation benefits you deserve.
Does Your Employer Carry Workers’ Compensation Insurance?
State laws regulate which employers must carry workers’ compensation insurance, depending on factors such as:
- How many people are employed
- Whether the employer is a charity
In some instances, an employer may choose to offer workers’ compensation even if not required by law.
Your employer must make the insurance information easily accessible to employees. If you can’t find this information, we can help you determine whether coverage is available.
Are You An Employee?
While this may seem like an obvious question, there can be gray areas, particularly with contractors and subcontractors. Independent contractors — such as freelance writers and photographers — are not employees. Nor are volunteers. You must receive compensation for your work in order to qualify as an employee.
If you are unsure about your status as an employee, we can help you determine whether you qualify for workers’ comp benefits through your employer.
Was The Injury Or Illness Work-Related?
You condition must be work-related, meaning it either occurred at work or during the course of work activities. In general, if you were engaged in an activity for the benefit of your employer, it was probably work-related. However, sometimes this issue can be a source of dispute in pursuing a successful claim. We will thoroughly review your claim and help you get the benefits you need.
What about pre-existing injuries? If your work has made a pre-existing injury worse, you may still be entitled to compensation. Don’t brush aside your rights simply because you had a pre-existing condition.