When an insurer sends you a notification of termination or modification, it means that they are ending or changing your benefits in some way. They should indicate on the bottom of the form how they are changing it. Sometimes the insurance company will start paying your claim based on an “estimated average weekly wage,” where your employer estimates how much you made before the injury but didn’t have exact figures. Once those exact figures come in, the insurance company can change the amount they are paying you to reflect your actual average weekly wage. If you have any questions, we would be happy to look over your paperwork to ensure you are getting the money you deserve.
You should not sign an Agreement to Extend 180 Day Payment Without Prejudice Form without speaking with an attorney first. It is in the insurance company’s best interests for you to sign that form. What it means is that for the next 180 days, they can stop paying you compensation for any reason without getting approval from a judge. It is called a “Payment Without Prejudice Period.” Every case is different, but if the insurance company has sent you this form, you should speak with an attorney first.
It is never too early to speak with a well-trained, experienced attorney about your situation. Workers’ compensation law can seem straightforward, but is rife with opportunities for even what seem like the simplest of cases to go astray. If you have any questions about whether to file a claim, or how the process works, please call us for your free consultation.
You can still receive workers’ compensation even if no one was at fault for your injury. Workers’ compensation is a no-fault system. This means that you can file a workers’ compensation action for any injury resulting in disability, even if your injury is purely the result of an innocent accident.
As an example, let’s say that you slipped and fell while working, and were unable to work for two months. You would alert your employer as soon as possible, who would inform their workers’ compensation insurance carrier of your accident. You would then, in an ideal situation, begin to receive compensation from the insurance company while you are out of work. You could then heal and go back to work as soon as you are physically able.
However, we all know that not every case works out for employees. When an insurance company has denied your claim for workers’ compensation benefits, call us to learn about what steps you can take to get the money you deserve.
You must file your workers’ compensation claim within four years from when you become aware of the connection between your disability and your employment. But keep in mind that being disabled doesn’t necessarily mean that you are out of work. It merely means that you are seeking medical treatment.
If you have any questions about how long you have to file your workers’ compensation claim, call our office and we will be happy to help.
There is nothing wrong with filing a claim for workers’ compensation coverage, and employers should know that the system is designed to protect them. Every employer in the Commonwealth is required to have workers’ compensation insurance in the event of a work accident. Workers’ compensation exists to prevent employees from filing personal injury claims against their employers, and ultimately prevents employers from having to pay for pain and suffering damages.
Your employer and their insurance company should be more than willing to work with you when you have been injured. If you have any concerns, reach out to an attorney in our office and we will be happy to help.
We don’t get paid unless you do. Period. You can meet us for a free consultation on your own terms, and then decide whether you want us in your corner. Once you hire us, we work on what we call a “contingency fee basis.” That means that we only get paid if you do. You have nothing to lose, only an advocate to gain. Contact our office for your free consultation today.
A majority of cases settle before going to a trial (what the Department of Industrial Accidents calls a “hearing.”) Sometimes a settlement is the best resolution when the insurance company is willing to pay a former employee what they deserve. However, we know that sometimes our clients need more than the insurance company is willing to pay. When that happens, we are prepared to take your case to hearing to make sure you get your day before the judge.
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1 Merrimac Street, Suite 20, Newburyport, MA 01950