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ThankYou17

Massachusetts Back injury...no workers comp

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I injured my back many months ago while moving a patient as a nurse. I informed my employer multiple times that I was injured, but I continued to work despite the pain and difficulties. My employer never asked if I wanted to be seen by a physician, never gave me info on how to file a claim. After 1.5 weeks of trying to work, I called out for 2 days. When I returned they let me go.

I have been being treated for this injury all along. PT, ortho, and injections next. I cannot work. Walking, sitting cause so much pain. Need to rest (lie down) multiple times during the day. Pain is constant. Before this injury I had a 6 figure earning potential. I am now on unemployment waiting for my disability claim to go through. I am raising 2 little grandchildren. I never even thought of WC until a friend asked me if I was getting it.

What courses of action do I have? What are some possible legal scenarios? Thank you.

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Your employer is not required to pay worker's comp unless you apply for it. Your employer is required to file a notice of your claim with the relevant insurer. If the employer does not do so you are required to file a notice of the claim. See

http://www.mass.gov/lwd/docs/dia/publications/ee-English.pdf

If your claim is still within the relevant statue of limitations you may be able to begin to receive future comp. but your employer may be able to defend the claim if a long time lapsed between the injury and the claim.

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Did you ask to file a claim? Just stating your back hurt is not enough. It also is not clear why you were terminated but WC is not contingent upon continue employment. Of course many months after the fact and after you have left employment it is going to be much more difficult to state a claim for benefits but you can still try. Expect to litigate this through the WC system.

 

Also, earning "potential" has zero meaning in WC. If accepted, your claim will only pay based on what you actually were making at the time of the injury.

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I'm in some what the same boat at the Massachusetts lady. I hurt my back on the job in 2012 went to the hospital and then their doctor. Okay my back started back hurting in July again so I left work with permission from my boss, so I've been off work since July 24-15 and I'm still not able to return to work until after November. Someone at the leave office told me I should call my boss and have her reopen the case bc the same pain and on the same side which I hurt it the first time is now unbearable, well she said she talked to her boss and he stated that bc im already on leave that the job couldn't go back in put it on WC but she would call WC to see if she could reopen the case. So I call and asked did she get hold to WC and she said that no one at WC will answer her call and she has left messages and said I have the number would you like to call them, well until this day I have yet to here from my boss. I've already gotten the 3 shots in my back and the doctors are talking surgery if these shots don't work. I really don't know what to do at this point. Thanks Kieshia please help

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If you reinjured it in July, then you needed to file the claim back in July, not wait until you have been treating and out several months to try and it on the old claim. You don't mention what the old injury was, but it is very difficult to make a claim that years later this long dormant injury just flared up and is related. A thousand times more likely there is a different cause. It is especially questionable when you wait to file until after several rounds of treatment and your FMLA has expired. has your doctor told you and documented in the records that it is related? If not, it is going to be darn near impossible to get it covered now. It is even more doubtful that your employer will be on the hook for the lost time and treatment since July. At best they may have to cover it going forward.

 

Even if you were to pursue WC, it is not your boss' job to do this for you. It is your claim, you need to re-open or file for it. Don't call the state agency. Do call the carrier.

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