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Injured at work, not directly work related Massachusetts

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  • Injured at work, not directly work related Massachusetts

    I am posting this for my roomate, as he isn't too computer literate. Also, not exactly sure as to which forum to put this in. MOD's, if I posted in the wrong section please feel free to move.

    So my roomate was at work last week, he works in a shop as a screen printer. He was at his station doing his job. A couple feet away, his supervisor was swinging a golf club. (I couldn't tell you why) Well, long story short, the supervisor swung the club and hit the ground causing the club to break, and the club head proceeded to hit my roomate in the face.

    They (his company) took him to the ER where he got stitched up. He went for his follow up/ stitch removal today. This is where things start getting hairy. They (his company) told him not to go through the company's workman's comp, and to have the bills sent directly to the company and they would pay for them. He found this odd, so he asked his HR dept., as to what happens, because there is no record of a claim, if there is any lingering effects. For example if his teeth become loose, etc. They told him that they would only cover what the ER doctors found.

    He isn't looking to make a buck off of them, just merely looking out for his own well being. He really is just trying to figure out if he should talk to a lawyer, so at least everything is documented. What are your suggestions so that I may pass them along to him? Thank you all in advance.

  • #2
    He can and should ask HR for the WC company name and contact information. If anything else his employer is required by law to have a Notice To Employees poster displayed in the workplace, providing the WC information; most likely where labor posters are displayed. Below is a helpful link to the Massachusetts state website which gives information on injuries in the workplace. At the link it also references the ability to find the employers insurance company. If anything else he can call the Office of Insurance in Boston at 617-727-4900, x 405.


    http://www.mass.gov/lwd/workers-comp...kers-faqs.html
    Last edited by Blessed123; 01-24-2012, 10:26 AM.

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    • #3
      There will be a deadline under state law for him to file a work comp claim with the state agency that manages claims. He needs to be aware of that and at a minimum, be ready to file his claim properly before the deadline in order to preserve his rights. In addition, he needs to make sure the claim is properly reported to his employer. Some states, such as NC, require a written report within 30 days, but I do not know what your state requires. But find out and then he should make sure it gets done (by him personally) in time.

      As a general rule if those two things are handled properly then his right to pursue a work comp claim should be preserved. But to find out for sure, he should seek out a free consultation from a local work comp lawyer and confirm all this and make sure he gets it done. Filing the claim with the employer does not necessarily mean that he is pursuing it at this time; he is merely preserving his rights.
      Bob Bollinger, Attorney
      Board Certified Specialist in NC Workers' Compensation Law
      Charlotte, NC

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