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FAQ's for  Workers' Compensation

Attorney fees for a settlement
Work Burn
Not abiding by the Workers Compensation judge’s order
What remedies does a railroad worker, who is injured while working, have?
Who pays workers' compensation benefits?
Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?
Are all on-the-job injuries covered by workers' compensation?
Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
Common Health Insurance Terms
 
 
Attorney fees for a settlement

Details:

have been receiving a weekly check from workers comp for over a year now. I am permanently disabled and they are asking me if I would like to settle. First, what are attorney fees in Massachusetts for this and if I don't settle how long will I continue to collect a weekly check? Is a settlement favorable to the insurance company or me?

Reply:

First, if you are permanently disabled, you should also consider applying for Social Security Disability Income benefits.

Generally, you cannot receive benefits for permanently disability under Massachusetts Workers' Compensation law until you have been out of work and collecting temporary total disability benefits for 3 years. Then, if you qualify, the rate of payments increases from 60 % to 66 2/3 %.

A lump sum settlement generally does not occur as early as one year from the injury, unless everyone agrees that you will not work for a considerable time in the future and the settlement amount itself is quite substantial. All settlements have to be approved by an administrative judge or administrative law judge at the Department of Industrial Accidents as being in your best interest, NOT the insurance companies' best interest.

Attorney's fees are generally 20% of the settlement amount. Under certain circumstances (which may not apply here) the Attorney's fee can be 15%.

It is good practice to consult with an attorney before accepting a lump sum settlement if your injuries are serious, as they may well impact your future livelihood.

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Work Burn

Details:

I was seriously burned on my foot at work with boiling water. I’ve missed 15 days of work. Although I’m getting paid for the time I’ve missed, nobody from workers' comp has contacted me. My physician says my foot will be scarred. Should I contact a lawyer about scarring or will the insurance co. contact me?

Reply:

Unfortunately, you can only be compensated for scarring (a common type of disfigurement) if it on the hands, face or neck areas under Massachusetts Workers' Compensation law.

However if you have a limp (a less frequent kind of disfigurement) as a result or if there is loss of sensation (a type of loss of foot function) the insurance company may owe you more money. This is true whether or not you are currently working or disabled, unless you have already settled your case.

It is good to check with your doctor about these issues first. A good rule of thumb is to ask your doctor about one year after the accident.

Don’t expect the insurance company to contact you! A lawyer can advise you concerning your specific rights.

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Not abiding by the Workers Compensation judge’s order

Details:

I was injured on 04/25/00,while working. Since this time I have had to battle the company that represents my employer for any and all Workers Comp. claims. I now suffer from Reflex Sympathetic Dystrophy. On February 18,2002, my Attorney presented my claim to an Administrative Judge. On February 19,2002, my Attorney received the order of payment. This states that the insurer was ordered to pay my medical treatment, including payment for outstanding prescriptions, mileage reimbursement and continued pain management. As of this date the Insurer has not abided by this judgment, nor have they filed an appeal. I was told by my Attorney that there is nothing I can do. The insurer has now offered to settle. My Attorney advises me to accept this offer. I am confused as to why a Judge’s order does not need to be enforced. Do I have other options?

Reply:

Yes you do!

While the administrative judge cannot enforce his own order, a justice in the Superior Court can enforce the administrative judge's order. If the administrative judge's order was not complied with, even in part, your attorney could file for enforcement of the order requiring payment of your disability benefits and / or medical treatment.

You should discuss this option with your lawyer as the wait for a hearing to begin can be a lengthy one and the time needed for the administrative judge to file his or her decision can be months after the hearing ends.

You do have options and of course it is best to have access to the  medical treatment ordered for pain management and RSD while the hearing process moves along at its own pace.

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What remedies does a railroad worker, who is injured while working, have?

Most individuals who are injured at work are prohibited from filing ordinary personal injury lawsuits against their employers. Instead, injured workers are generally required to file a claim under the state's workers compensation procedure. An injured railroad worker must bring a claim for benefits under the Federal Employer's Liability Act (FELA) for compensation for his injuries. FELA is similar to many state workers' compensation systems with the exception that a railroad employee must be able to prove some level of employer negligence in order to make a recovery. In comparison, most state systems are based upon no-fault theories of recovery where neither the negligence of the employer or the employee is examined. In practice, it is generally not difficult for an injured railroad employee to prove that the employer was, at least to some degree, negligent.

Laws, rules, and regulations require a railroad to furnish a reasonably safe workplace for the benefit and protection of its employees. In keeping with this requirement, a railroad has a duty to inspect and discover defects that may result in injury. In some circumstances, this may include the duty to uncover defects that should be obvious to a railroad employee. A railroad also has a duty to warn its employees of any hazardous or unsafe conditions of which it is aware, or should be aware.

A railroad is also required to take other steps to ensure the safety of its workers, including providing adequate training and supervision, appropriate tools and safe equipment, and enforcing only reasonable work quotas. The FELA claimant can usually show that at least one of the required regulations has not been met, thereby establishing the employer's negligence.

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Who pays workers' compensation benefits?

In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance company -- also called an insurance carrier. However, in some states, smaller companies (with fewer than three or four employees) are not required to carry workers' compensation insurance. In some states, larger employers who are clearly solvent are allowed to self-insure, or act as their own insurance companies.

When a worker is injured, his or her claim is filed with the insurance company -- or self-insuring employer -- who pays medical and disability benefits according to a state-approved formula.

Copyright 2005 Nolo

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Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?

Whether you paid for medical care out of your own pocket or your health insurance covered it is none of a claims adjuster's business. The same goes for whether your lost time at work was covered by sick leave or vacation pay. In fact, it is improper for an adjuster even to ask about such payments. You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay.

Your own health insurance, however, may require that, out of your settlement, you reimburse it for some or all of the amounts it has paid to treat your injuries.

Copyright 2005 Nolo

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Are all on-the-job injuries covered by workers' compensation?

Most are. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. But there are some limits. Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving:

  • self-inflicted injuries (including those caused by a person who starts a fight)
  • injuries suffered while a worker was committing a serious crime
  • injuries suffered while an employee was not on the job, and
  • injuries suffered when an employee's conduct violated company policy.

Copyright 2005 Nolo

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Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?

Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers, for example, receive compensation for repetitive stress injuries, including carpal tunnel syndrome and back problems, that are caused by overuse or misuse over a long period of time. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease and stress-related digestive problems.

Are You Covered by Workers' Compensation?

Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include:

  • business owners
  • independent contractors
  • casual workers
  • domestic employees in private homes
  • farm workers
  • maritime workers
  • railroad employees, and
  • unpaid volunteers.

Check the workers' compensation law of your state to see whether these exclusions affect you.

Federal government employees are also excluded from state workers' compensation coverage, but they receive workers' compensation benefits under a separate federal law.

In addition, about one-third of the states do not require workers' compensation coverage of employers having fewer than a designated number of employees -- three to five, depending on the state. So, if you work for one of these employers, you may be excluded from the state program.

Copyright 2005 Nolo

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Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?

In some states, you have a right to see your own doctor if you make this request in writing before the injury occurs. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers.

Your doctor's report will have a big impact upon the benefits you receive. While it's crucial that you tell the doctor the truth about both your injury and your medical history (your benefits may be denied based on fraud if you don't), be sure to clearly identify all possible job-related medical problems and sources of pain. In short, this is no time to downplay or gloss over the presence of a pain.

Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business may motivate a doctor to minimize the seriousness of your injury or to identify it as a pre-existing condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you really have suffered a significant previous injury or chronic condition.

Copyright 2005 Nolo

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If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?

State workers' compensation systems establish technical and often tricky rules in this area. Often, you have the right to ask for another doctor at the insurance company's expense if you clearly state you don't like the one the insurance company provides, although there is sometimes a waiting period before you can get a second doctor. Also, if your injury is serious, you usually have the right to a second opinion. And in some states, after you are treated by an insurance company's doctor for a certain period (90 days is typical), you may have the automatic right to transfer your treatment to your own doctor or health plan with the cost being paid for by the workers' comp insurance company. Because the insurance company is footing the bill, don't hesitate to go to a doctor who specializes in your injury or illness -- even if the cost is great.

To understand your rights, get a copy of your state's rules or, if necessary, research your state workers' compensation laws and regulations in the law library.

Copyright 2005 Nolo

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Common Health Insurance Terms

For most of us, reading a health insurance policy can be like trying to read a menu in a French restaurant-nearly impossible! With so many different terms, which mean so many different things, the following glossary may be a big help in reading and understanding your health insurance policy.

Accidental Death and Dismemberment. Either a provision in a policy, or a policy in itself, which provides for payment of disability benefits if the insured dies or loses an eye or a limb. If more than one eye or limb is lost, the benefits increase. The disability payments may be made either in a specified amount or in multiple set weekly benefit amounts.

Accidental Death Benefit. A benefit which may be payable in the event of death resulting from an accident. The benefit is usually equal to the face value of the contract or principal sum, and is payable in addition to other benefits which may be received.

Actual Charge. The actual amount charged by a physician or medical care provider for services provided to a patient.

Acute Care. Medically necessary care provided by medical personnel in order to restore a person to good health.

Admits. The number of admissions to a hospital, whether it be for outpatient or inpatient care.

Aftercare. Patient services, developed on a case-by-case basis, which are required after hospitalization or rehabilitation.

Age Change Date. The date on which a person's age changes for insurance purposes. In health insurance a person's age change date will affect the cost of their insurance.

Ambulatory Care. Medical care that does not require hospitalization. Similar to outpatient medical treatment. Ambulatory care is provided at surgery centers, clinics, or other facilities that provide medical care on an outpatient basis.

Ancillary Services. Additional services provided for a fee during hospital stays, other than room and board charges. Ancillary services may include additional services such as x-rays, anesthesia, and lab work.

Ancillary Benefits. Benefits under a policy provided to cover miscellaneous hospital charges.

Approved Health Care Facility. A health-care facility that has been specifically approved by a health care plan in its policy or contract.

Assignment. Authorization to pay Medicare of other health-care benefits directly to a provider, rather than sending them through the patient first. Medicare benefits can only be assigned to participating providers.

Basic Hospital Expense Insurance. Insurance coverage that provides benefits for hospital room and board, in addition to other miscellaneous hospital expenses, for a specified number of days.

Benefit Package. A description of the overall benefits the insurer or health plan offers to those covered under the terms of a contract for health insurance.

Closed Access. An insurance situation in which covered insureds must select one primary care physician to provide their initial services. That primary care physician then becomes the only physician who may refer the insured to other health care providers within the plan. This system may also be referred to as a "closed panel" or a "gatekeeper model."

Coinsurance Clause. A provision in many health insurance policies stating that the insured and the insurer will cover all losses under the policy in an agreed-upon proportion. For example, a plan with a 70-30 coinsurance clause would require that the insurer pay 70% of any loss and the insured would pay the remaining 30% of the loss.

Comprehensive Major Medical. An insurance plan that is a combination of basic coverage and major medical coverage. Usually, comprehensive major medical coverage has a low deductible, high maximum benefits, and a coinsurance clause.

COBRA. Short for the Consolidated Omnibus Budget Reconciliation Act of 1986. COBRA is federal legislation that provides for a continuation of health care benefits under a group plan for a specified period of time when coverage would otherwise end due to, for example, a termination of employment.

Copay. A preset arrangement in a health insurance policy whereby the insured agrees to pay a set dollar amount for medical services that are received, such as prescriptions, and the insurer pays the remainder.

Cosmetic Procedures. A procedure that seeks to improve a person's physical appearance, but which is not medically necessary to preserve life or health.

Covered Expenses. Health care expenses that are incurred by an insured or a covered person and that qualify for reimbursement under the terms of the policy or health care contract.

Covered person. A person who pays premiums for the benefits provided and who also meets the eligibility requirements for coverage under the plan.

Dependent Coverage. Insurance coverage provided on the head of a family that is also extended to the spouse and to unmarried children, whether natural, adopted, foster, or step, who are not employed on a full-time basis or who fall within the age group acceptable under the policy.

Diagnosis. The process by which medical providers identify a disease or illness.

Disability Benefits Law. A state law requiring an employer to provide disability benefits to covered employees for non work-related injuries. Disability benefits laws exist in only a very limited number of states.

Disability Income Insurance. A type of health insurance which provides for the periodic payment of benefits to replace income when the insured party is unable to work as a result of a sickness, injury, or disease.

Dread Disease Policy. A type of health insurance that provides coverage for all types of medical expenses arising out of diseases named within the contract. For example, a dread disease policy may cover multiple sclerosis, spinal meningitis, or tetanus among others.

Duplication of Benefits. A situation in which identical or overlapping coverage exists under more than one policy provided by more than one insurance company or health care coverage service organization.

Eligibility Date. The date on which a person becomes eligible for benefits.

Eligibility Period. The period of time in which potential members of a group life or health program may enroll without providing evidence of insurability. Under a major medical policy, the eligibility period might be the period of time during which reimbursable expenses may be accrued.

Eligible Dependent. A dependent of an insured person who is eligible for coverage according to the terms and requirements of the plan.

Emergency Accident Benefit. A type of group medical benefit that reimburses the insured for the expenses incurred in obtaining emergency treatment for accidents.

Employee Certificate of Insurance. Written evidence provided to employees of their participation in a group insurance plan. Each employee is given a certificate of insurance, rather than the actual insurance policy.

Employee Contribution. That portion of the cost of a health insurance plan that is paid by the employee.

Employer Contribution. The portion of the cost of a health insurance plan that is paid by the employer.

Examination. The medical examination that an applicant for health insurance may be required to undergo before coverage is provided.

Explanation of Benefits. A statement sent to a participant in a health insurance plan that lists the medical services provided, the amounts paid by the plan, and the total amount that is being billed to the participant.

Flexible Benefit Plan. A type of benefit plan wherein the covered employees can tailor the benefits to meet their own individual needs or the needs of their respective families.

Health Insurance. A generic, inclusive term for insurance provided to cover losses caused by sickness or bodily injury.

HMO. Short for Health Maintenance Organization. An HMO is a prepaid medical service plan that provides medical services to plan members. Medical providers contract with the HMO to provide medical services to plan members. Plan members may only receive medical care from contracted providers.

Hospital Income Insurance. A type of health insurance that provides a stated periodic payment while the insured is hospitalized, regardless of the expenses which are incurred or whether other insurance is in effect.

Hospitalization Expense Policy. A type of health insurance that provides payment for hospital room and board charges, and also covers ancillary hospital expenses such as x-ray and laboratory charges. A hospitalization expense policy may also provide coverage for emergency treatment charges or surgical expenses.

Hospitalization Insurance. A type of health insurance that provides reimbursement, within specific contractual limits, for hospital and specific related expenses arising from hospitalization caused by injury or illness.

Intentional Injury. Injuries that are not accidental but which are instead caused on purpose or with intent. An intentional injury may be excluded from coverage under some types of health insurance policies. For example, an accident insurance policy will likely not cover intentional injuries because they are not "accidental."

Long-Term Disability Insurance. A type of group or individual health insurance policy which provides coverage for a period of time longer than a "short-term." Often, a long-term policy will provide coverage for a person suffering from illness until they reach the age of sixty-five or, in the case of an accident, for the rest of the person's life.

Loss-of-Income Benefits. Benefits payable for an inability to work due to illness, disease, or injury.

Major Medical Insurance. A type of health insurance that provides benefits up to a certain limit for most types of medical expenses incurred. Usually, a major medical insurance policy carries with it a high deductible. It may also be referred to as a Major Hospitalization Policy.

Managed Care. A system of health care wherein the stated goal is the delivery of cost-effective health care through the monitoring and recommendation of services.

Member. Anyone covered under a health care plan, whether an enrollee or an eligible dependent of an enrollee.

Non-duplication of Benefits. A provision in some types of health insurance polices which specifies that the insurer will not pay benefits for any amount that is reimbursed by others. In group insurance, this may be referred to as coordination of benefits.

Out-of-Pocket Costs. The amount that covered persons under a health insurance policy must pay, themselves, for their medical care and treatment. An out-of-pocket cost may include such things as coinsurance, copays, or deductibles.

Overage Insurance. Health insurance that is issued at ages above the usual limit, which is generally sixty-five.

Over-the-Counter Drugs. A drug that can be purchased without a prescription.

Place of Service. The actual location where health services are being provided.

Preexisting Condition. A physical condition that existed prior to the effective date of the policy.

Prescription Medication. A drug that can only be dispensed by prescription. Prescription medication must be approved by the Food and Drug Administration.

Preventive Care. Medical care that emphasizes preventing illnesses before they occur.

Primary Care. Basic health care provided by doctors who are in the practice of family care, pediatrics, and internal medicine.

Primary Care Network. A group of primary care physicians who provide care to members of a particular health care plan.

Primary Coverage. Insurance coverage that pays expenses first, without consideration of whether there is any other coverage.

Referral Provider. The person or medical service provider to whom a participating provider has referred a member of a health care plan.

Secondary Care. Medical services that are provided by physicians who do not have the initial contact with the patient.

Secondary Coverage. Coverage that provides payment for medical service charges that are not covered by the primary policy or plan.

Short-Term Disability Income Policy. A type of disability income policy that provides benefits payable for "short-term" disabilities, or those usually lasting less than two years.

Sickness Insurance. A type of health insurance that provides coverage for losses caused by illness or disease, but does not cover accidental bodily injury.

Waiting Period. The period of time between the beginning of a disability and the start of disability insurance benefits. This may also be referred to as the elimination period.

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