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An Overview
of Worker's Compensation law
A little less than 100 years ago,
and in response to
a general outcry regarding the desperate conditions,
financial and otherwise, that injured workers were
finding themselves in, states across the country
began to enact worker's compensation laws. These laws
were passed so that impacted workers would have some
form of wage replacement and not find themselves on
the public dole. Massachusetts and New Hampshire
were two such states that have legislated statutory
protection for the workers, and put in place obligations
and requirements of employers and their insurers. Over
time, the laws of these two states and others have
been amended to reflect economic, medical and legal
changes.
Today,
both states have in place not only laws that
protect injured workers, but governmental agencies
that implement, maintain and enforce such laws. In
Massachusetts, the agency is now known as the Department
of Industrial Accidents, formerly the Industrial Accident
Board. In New Hampshire, it is known as the Department
of Labor. Injured workers are entitled to weekly
compensation benefits for work-related injuries or
diseases while they are totally disabled or partially
disabled [defined as the inability to earn pre-injury
average weekly wages]; hospital and medical benefits;
vocation rehabilitation services, placement or
retraining; and separate payment for specific
permanent losses of function or disfigurement.
Worker's
compensation statutes are treated as no-fault statutes;
that is, an injured worker does not have to prove
that his employer was negligent in order to file
a claim for benefits. All he or she is required
to prove is that the injury [or disease] arose
out of and in the course of one's employment.
In
exchange for the reduced burden upon the employee
to prove his case, both states disallow claims
by the employee for pain and suffering or separate
law suits against the employer. Lastly, there
is no requirement or obligation in either state's
statute that guarantees a cash settlement to the
injured employee. Nevertheless,
where it is deemed to be in the best interest of
the employee, employer and insurer, the parties
can resolve their issues by way of a lump sum settlement.
If you have questions about
a compensation or disability issue, please call me at 978-465-9900
or email my office at
to
schedule a no-obligation consultation.
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