Articles Posted in Workers’ Compensation

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If you were injured at work in Massachusetts and your employer refuses to file an injury report, you are not alone. This situation happens far more often than most people realize. Every week, workers contact our office saying things like:

  • “My boss told me to use my own health insurance.”

  • “HR won’t file the paperwork.”

  • “They don’t believe the injury is serious.”

  • “They told me to take a few sick days instead.”

Here’s the truth:

Under Massachusetts law, your employer must file a First Report of Injury (Form 101) — and if they don’t, you still have the right to receive workers’ comp benefits.

This guide explains exactly what the law requires, why some employers refuse to file the report, and what steps you can take immediately to protect your weekly checks, medical care, and job.

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ChatGPT-Image-Nov-30-2025-03_42_46-PM-1024x683If you’re hurt on the job in Massachusetts, one of the most stressful moments in your workers’ compensation case is the Independent Medical Examination, commonly called an IME. The workers’ comp insurance company sends you to a doctor who they choose, at a time they choose, for an exam you didn’t ask for.

And sometimes, that doctor comes back with a report that says the one thing you’ve been dreading:

“The injury is not work-related.”

If that just happened to you, you’re not alone—and your case is far from over. At Carney, Rezendes & Crowley, we hear from injured workers every week who find themselves in this exact situation. This blog breaks down what that IME really means, what the insurance company is trying to do, and most importantly, what you can do next to protect your benefits.

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doctor-and-patient-photo-1024x683If you’re hurt on the job and receiving workers’ compensation benefits in Massachusetts, there’s a good chance the insurance company will eventually send you a letter telling you to attend something called an IME.

Most injured workers panic when this happens — and for good reason. An IME can affect your weekly checks, your medical treatment, and the entire direction of your case. But once you understand what an IME really is, why the insurance company is sending you to one, and how the results are used, you’ll be in a much better position to protect yourself.

This guide breaks it all down in simple, blue-collar language.

What Exactly Is an IME?

IME stands for Independent Medical Examination.

But the name is misleading. The doctor isn’t independent, and this exam is not for your benefit. The exam is ordered by the insurance company, done by a doctor they choose, and performed for the sole purpose of giving the insurer a medical opinion that can be used to:

  • Stop or reduce your weekly checks

  • Deny or limit your medical treatment

  • Claim you can go back to work

  • Say your condition is “pre-existing”

  • Dispute whether your injury is work-related

The doctor is not your treating physician and has no intention of giving you medical advice or helping you heal. Their job is simply to examine you quickly, review your medical records, and submit a written report that the insurer can use.

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gettyimages-509557490-612x612If you were hurt at work in Massachusetts and just received a Conciliation Notice from the Department of Industrial Accidents (DIA), you’re not alone. Every week, injured workers across the state receive this notice after an insurance company stops paying weekly checks, denies a claim, or disputes medical treatment.

This article explains what a conciliation is, why you received the notice, and exactly what to expect next — all under Massachusetts workers’ compensation law.

1. What Is a Conciliation in Massachusetts Workers’ Compensation?
A conciliation is the first step in the dispute process at the Massachusetts DIA. It’s an informal meeting, not a court hearing, where the goal is to resolve the dispute quickly — often before a judge ever gets involved.
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When you’ve been injured at work in Massachusetts, one of the biggest concerns is making sure you get the medical treatment you need. Workers’ compensation insurance is designed to cover reasonable and necessary medical treatment related to your injury. But the process isn’t always straightforward—insurance companies often delay or deny approvals, leaving injured workers frustrated.

If you’re wondering how to get your treatment authorized, this guide breaks down the steps and explains what you can do to protect your rights.

Understanding Your Rights to Medical Treatment in Massachusetts

Under Massachusetts workers’ compensation law (M.G.L. c. 152), injured employees are entitled to:

  • Payment of medical bills for treatment that is reasonable, necessary, and related to the work injury.
  • Coverage for doctor visits, surgery, physical therapy, prescriptions, and diagnostic tests.
  • Reimbursement for travel expenses to and from medical appointments.

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kin-li-vWqpKioWYmk-unsplash-scaledAt Carney, Rezendes & Crowley, LLC, we’ve represented injured Massachusetts workers for decades — including hundreds of construction workers from Boston, Quincy, Brockton, Fall River, New Bedford, Milton, Braintree, Plymouth, Taunton, and Bridgewater.

If you were hurt while working on a prevailing wage construction site, you may be entitled to substantially higher workers’ compensation benefits than most injured workers realize.

Here’s what you need to know — and how we can help ensure you’re not leaving money on the table.

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Walking-Working Surface Safety Regulations

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Generally, employers are required to keep all walking-working surfaces safe for employees, visitors, and patrons.  There is a specific OSHA (Occupational Safety and Health Administration) regulation which addresses this safety issue:

29 CFR 1910.22(a)(3): Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.

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joshua-mancini-6fegAz1Us5U-unsplash-scaledIn the construction industry, there is a general rule of thumb often referred to as the “6-foot rule.”  The “6-foot rule” typically is applied to major commercial construction projects, as well as smaller residential construction projects, amongst others.  Essentially, the 6-foot rule requires employers to implement the use of fall protection when construction workers are working at heights of 6 feet or greater above a lower level.

At the Carney, Rezendes & Crowley, LLC, our attorneys have fought hard and successfully represented injured construction workers who were injured due to a “6-foot rule” safety violation. Recently, Attorneys Jeremy M. Carroll and Brendan G. Carney obtained a jury verdict in the amount of $925,000 for an injured construction worker who fell 10 feet because there was no fall protection.

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On October 29, 2020, The Massachusetts Supreme Judicial Court issued its ruling in Mark Mendes’s Case, No. SJC-12857, which held that the Massachusetts Department of Industrial Accidents has subject matter jurisdiction over a claim involving an interstate truck driver based on his employment having “sufficient significant contacts” with Massachusetts.  This opinion expands Massachusetts’ jurisdiction over workers’ compensation claims, where in the past they were limited to circumstances where:

  1. The employee was employed by a Massachusetts employer; or
  2. The employee was injured while working in Massachusetts; or
  3. The employment contract was executed in Massachusetts.

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No. Typically, you do not pay a personal injury or a workers’ compensation attorney out-of-pocket.  At the Carney, Rezendes & Crowley, LLC, we focus on personal injury and workers’ compensation cases which operate on what is called a “contingency” fee.   A “contingency fee” means that we only get paid if we get you compensation, which typically occurs through either a negotiated settlement, mediation, arbitration, or a jury trial verdict.

Why Not?

The reason for a “contingency fee” is to be able to provide legal representation to injured workers and injured people from all levels of income.  If personal injury or workers’ compensation attorneys required clients to pay attorney fees out-of-pocket, only wealthy people would be able to afford an attorney when they are hurt. Injured workers and people from all income levels deserve an attorney to fight for them and to represent them for injuries that never should have occurred. Here at the Carney, Rezendes & Crowley, LLC, we take pride in fighting for injured workers and people who are injured needlessly due to safety violations which occur in construction sites, motor vehicle collisions, and many other types of dangerous situations.

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Boston, MA 02110
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Lowell, MA 01852
Phone: (978) 703-8303
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Braintree, MA 02184
Phone: (617) 472-3900

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