An injured worker becomes eligible for weekly compensation wage benefits when he/she has been totally or partially disabled due to an injury or occupational illness, and is incapable of earning full wages for five or more calendar days (days do not have to be consecutive; disability can be total or partial). When this happens, the employer is required to file the Employer`s First Report of Injury/Illness/Death (Form 101), in compliance with Massachusetts`s law. Once the insurer receives the Form 101, they have 14 days to pay benefits or notify the employee and the Department of Industrial Accidents (DIA) that they are contesting the claim. The insurance company can pay on a claim for up to 180 days without prejudice, during which time they can stop or modify the payments, after giving a seven day notice to the injured worker and the DIA. After the 180day paywithoutprejudice period has passed, the insurer can stop or reduce payment only for reasons specified by the workers` compensation act and regulations. The wage benefit is generally based on 66 2/3% of the injured workers average weekly wages up to a maximum weekly amount mandated by Massachusetts`s law.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified workers' compensation lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local workers' compensation attorney to discuss your specific legal situation.