Massachusetts workers' compensation laws provide vital protections for employees injured on the job. However, misconceptions surrounding workers' compensation can lead to confusion, missed opportunities, and misunderstandings. By addressing these myths, workers can better understand their rights and the benefits they are able to receive under Massachusetts law.

What is Workers' Compensation?

Workers' compensation is a no-fault insurance support system designed to provide medical and income-loss benefits to employees injured or made ill due to workplace conditions. Employers are required by law to hold workers' compensation insurance to cover such incidents. Despite its intent to protect workers, myths about the process and its coverage persist.

Myth #1: You Can Only File a Claim if the Injury Happens on Company Property

One common misconception is that workplace injuries must occur on company property to be covered under workers' compensation. This is false.

• Fact: Massachusetts workers' compensation laws cover injuries sustained while performing job-related duties, regardless of location. For example:
  • Delivery drivers injured in car accidents while making deliveries.
  • Remote workers who suffer repetitive strain injuries while working from home.

Massachusetts courts have recognized that an employee's workspace is not limited to the employer's physical location, as long as the injury arises out of and in the course of employment.

Myth #2: Fault Matters in Workers' Compensation Cases

Many people believe that workers' compensation claims are contingent upon who is at fault for the injury.

• Fact: Workers' compensation operates on a no-fault system.
  • This means that an injured employee does not need to prove the employer was negligent.
  • Similarly, an employee's own negligence (e.g., failing to wear recommended safety gear) typically does not bar them from receiving benefits.

However, there are exceptions. Injuries caused by intentional misconduct or being under the influence of drugs or alcohol may disqualify a worker from benefits.

Myth #3: All Workplace Injuries Are Covered by Workers' Compensation

While workers' compensation offers broad protections, not all injuries qualify for benefits.

• Covered Injuries:
  • Sudden traumatic injuries (e.g., falling from a ladder).
  • Illnesses caused by workplace exposure (e.g., asbestos-related diseases).
  • Repetitive strain injuries (e.g., carpal tunnel syndrome).
• Not Covered:
  • Injuries that occur while engaging in horseplay or violating safety protocols.
  • Injuries sustained during non-work-related activities, even if they occur on company property (e.g., personal errands during work hours).

Understanding the distinction between covered and non-covered injuries can help employees set realistic expectations.

Myth #4: Workers' Compensation Benefits Are Limited to Medical Costs

Some believe workers' compensation benefits only cover medical expenses, but this is far from the truth.

• Benefits Available in Massachusetts:
  • Medical Benefits: Coverage for necessary medical care related to the injury.
  • Temporary Total Disability (TTD): Reimbursement for lost wages if the injury keeps the employee from working.
  • Temporary Partial Disability (TPD): Benefits for workers who return to work but at a reduced capacity or wage.
  • Permanent Disability Benefits: Compensation for lasting impairments that reduce earning potential.
  • Death Benefits: Financial support for the dependents of a employee who died due to the injuries received at the workplace.

For example, as of 2024, injured employees are able to receive up to 60% of their average weekly wage under TTD benefits, subject to a state-determined maximum.

Myth #5: You Can Be Fired for Filing a Workers' Compensation Claim

Fear of retaliation discourages many employees from filing workers' compensation claims.

• Fact: Massachusetts law prohibits employers from retaliating against employees for filing a workers' compensation claim.
  • Retaliatory actions may include wrongful termination, demotion, or pay cuts.
  • Employees can pursue a separate legal claim if they face retaliation.

Documenting incidents of retaliation and seeking legal advice can help protect an employee's rights.

Myth #6: Independent Contractors Are Not Eligible for Workers' Compensation

Many workers assume that independent contractors cannot file for workers' compensation.

• Fact: This depends on the nature of the working relationship.
  • In Massachusetts, the ABC Test is used to determine whether a worker is an independent contractor or an employee.
  • Sometimes if a worker is misclassified as an independent contractor but performs duties under the control of the employer, they may still qualify for workers' compensation.

Myth #7: Filing a Workers' Compensation Claim Means Suing Your Employer

This myth stems from confusion about the workers' compensation process.

• Fact: Filing a workers' compensation claim is not the same as filing a lawsuit.
  • Workers file claims against the employer's insurance carrier, not the employer directly.
  • This system is designed to avoid the adversarial nature of lawsuits while ensuring employees receive benefits promptly.

Tips for Navigating Workers' Compensation in Massachusetts

• Report Injuries Immediately: Massachusetts law requires injuries to be reported within 30 days of the incident. Failure to do so may result in a denial of benefits.
• Seek Medical Attention: Always visit a healthcare provider for aa in-depth assessment and ensure documentation of the injury.
• Consult a Lawyer: If your claim is originally denied, or benefits are delayed, seeking legal advice can help.
• Keep Records: Maintain copies of medical records, communications, and other documentation related to the injury.

Conclusion

Understanding workers' compensation in Massachusetts requires debunking the myths that surround it. By clarifying misconceptions, injured employees can make informed decisions and pursue the benefits they deserve. Whether it's understanding coverage outside of company property or the no-fault nature of the system, knowing the facts empowers workers to protect their rights.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.