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Massachusetts Insurer Hearing Memo for Workers' Compensation

State:
Massachusetts
Control #:
MA-162-WC
Format:
PDF
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Description

This is one of the official Workers' Compensation forms for the state of Massachusetts.

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FAQ

Questions about the incident. Details about why the incident occurred. Evidence-based questions. Information related to your injury. Steps you took to overcome your injury. Questions about your doctor's or treatment plan.

The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.

If the insurer has commenced benefits timely, namely within 14 days of notice, the insurer is allowed to stop payments to the employee without obtaining approval of the DIA or the consent of the employee. However the insurer is required to give the employee seven(7) day written notice of their intent to stop benefits.

Usually about 60 days, unless set in for an emergency hearing. That can be requested and usually will be scheduled in about a month.

A workers' comp hearing determines whether you will receive benefits.At this hearing, the judge will review all of your evidence and then issue a decision awarding or denying your benefits. Because a workers' comp hearing involves specific rules and procedures, it is important to be well-prepared.

Approximately 5% of workers' comp cases go to trial. If you are unsatisfied with the settlement amount you were offered or your employer's workers' comp carrier has denied your claim, your lawyer would start preparing your case for trial.

Workers' Comp Protects You From Unjust Retaliation When you file a workers' comp claim, your employer cannot retaliate against you for filing the claim. This means they can't take away your benefits or fire you just because you got injured and forced them to use their workers' compensation insurance.

Before you attend your workers' comp hearing, you should organize your evidenceincluding medical records, unpaid medical bills, doctors' reports, and other documents. You should also mentally prepare to testify.

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Massachusetts Insurer Hearing Memo for Workers' Compensation