Massachusetts Worker’s compensation operates under a no-fault concept, which means an employee does not have to prove employer negligence (or “fault”) in order to be compensated if they are injured at work. If you find yourself with a work-related injury, even if you are not on company premises when it happens, all you have to prove is that the injury was caused by or related to your employment. Not only will your medical expenses be covered, but you can be paid for lost wages, as well. Rightful Legal can help you through the Workers’ Compensation Claim process; call or text us anytime at 617-821-5856.
In Massachusetts, most employers are required to carry worker’s compensation insurance. Unless you are a volunteer with a non-profit or you work for a small-scale residential property owner, your employer is required to have coverage for on-the-job injuries. Encore Boston Harbor Casino is one such employer. They must have either (1) private insurance; (2) coverage under the Massachusetts Worker’s Compensation Assigned Risk Pool; (3) group self-insurance; or (4) individual self-insurance. No matter which type of policy they have, the fact is that your job-related injury will be covered, as long as you are a “covered employee.”
When your employer is on the larger side and has many different departments and various types of working environments, there are a lot of ways injuries can happen. One example is working at a casino resort such as Encore. Injuries can happen in the kitchen, which may include cooking accidents, burns, slip and falls, or food-borne illness. Infectious or contagious diseases are considered compensable injuries if the hazard of contracting the disease is inherent in the employment. Casinos also have labor-intensive jobs where injuries can occur, such as store rooms, industrial laundry facilities, receiving docks, and other outdoor areas that require physical work, like groundskeeping. Pre-existing conditions that are worsened by a work-related incident may also be covered. No matter where the injury takes place, there are a few steps to follow if you find yourself injured at work. Keep in mind that injuries occurring during voluntary recreational activities, such as at a company picnic, outing, or party are excluded.
You may also have been working at a warehouse at Amazon or similar store; keep in mind that any injury lifting or moving items can be covered by workers’ compensation. Injuries to your neck, back and legs are fully recoverable under the Workers’ Compensation Laws.
First and foremost: seek medical attention and/or call any emergency services that might be needed. You do not have to get employer permission to seek or receive emergency medical attention; if the accident happens during off-hours (like an overnight shift) or if your supervisor cannot be contacted, you should get the help you need wherever is most convenient, especially if your condition is life-threatening. You have the right to select your initial treating physician, but once the immediate emergency is over, your employer will guide you to the appropriate medical providers who are in-network with their insurance for any follow-up care.
Next will be the paperwork; this will include an incident report and any other documents required by the insurance company. This would be a good time to get the help of an experienced worker’s compensation attorney. An employer might ask the injured employee to sign additional waivers that shield them from a lawsuit; they might also try to dictate what you write in the incident report. An attorney will be able to guide you during this process and make sure your employer is treating you fairly. After the initial injury, the employer or insurer has the right to require you to be examined by a doctor of its choosing. You have the right to have your own doctor present at the examination, but you must pay for that doctor’s time. You generally cannot refuse to comply with reasonable examination/re-examination requests or you risk having your claim denied.
The MassachusettsWorkers’CompensationAct is generally the only remedy for an employee injured at work. Employers who properly comply with the terms of the statute are typically shielded against direct lawsuits from employees with work-related injuries or illnesses. The idea being that the insurance policy is sufficient to compensate the employee fully for their injuries. That said, this may not always be the case, and whether or not the worker’s compensation benefits are sufficient to compensate for your injuries fully and completely is not always clear at the outset, since it depends on the specific policy your employer has. Be as detailed as possible when filling out the incident report and giving official statements concerning the accident. Keep a log at home of all your symptoms, treatments, and any out-of-pocket expenses.
Communicate regularly with your employer and medical providers about your condition and rehabilitation; it is important to be transparent about your needs and your recovery progress to ensure continuity of coverage and to avoid a disruption of your benefits. Lastly, keep in mind that worker’s compensation coverage extends to dependents and/or surviving spouses in the unfortunate case of a work-related death. Be sure to work closely with your worker’s compensation attorney if you are injured or become ill on the job.
To Learn more about your Rights under the Workers’ Compensation Laws call Rightful Legal at 617-821-5856. You can also reach a lawyer at the firm by texting 617-821-5856.