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Worker's compensation Massachusetts

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  • Worker's compensation Massachusetts

    I have a back injury that happened at work. I was cleared by the doctor to work with restrictions and I am receiving physical therapy. My employer has a policy for "modified duty." I read it and they very carefully state that it is decided on a case by case basis and that work may not be available to all people and that it is temporary. It states that you are given 48 hours warning before a schedule change. So as I read it they give you work if they have it but that may be discontinued at any time with sufficient warning. As I understand it the law does not require them to give me any work even if I have been injured at work unless I have been restored to health and can resume my normal duties.

    My question is: If I lost days due to the injury, then returned to work and subsequently was told they no longer have work for me: are any days I am not working still considered lost days of work to the insurance company? If they give me no work and I lose more than five days can I then start collecting payment from the insurance company to cover the lost days? Will my period of working between the original injury and now prevent me from collecting compensation?

  • #2
    You should get lost wages for any days you do not work either due to the fact that you cannot medically work or any days where the employer does not have modified duty work for you to do. I don't think the 5 days would restart, but I suggest talking with your caseworker and keeping them updated on any days that you do not work due to the employer not having modified work. It is definitely to the employer's benefit to keep you at work doing anything rather than at home doing nothing and getting paid lost wages.

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