Articles Posted in Workers’ Compensation

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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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Recently, Brendan G. Carney of Carney, Rezendes & Crowley, LLC was able to successfully negotiate a lump sum settlement of a Massachusetts Workers’ Compensation claim in the amount of $825,000.00.  This settlement was reached on behalf of our client, a forty one year old woman who was working as a bank branch manager when she was involved in a motor vehicle accident while traveling from an offsite bank meeting back to her regular bank office.  The employee suffered a life-altering spinal cord injury that would render her permanently and totally disabled.  In addition to the lump sum settlement, Carney, Rezendes & Crowley, LLC was able to obtain an additional $218,000.00 in permanent loss of function benefits.  The employee had received weekly benefits for over three years prior to the settlement. The total recovery for the employee exceeded $1,200,000.00. Continue reading

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Injured by a Forklift?

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Forklift, or Powered Industrial Truck (“P.I.T.”), injuries are very common in the construction industry for both drivers and nearby workers.  According to the Occupational Safety and Health Administration (OSHA), an estimated 85 deaths result each year as a result of forklift operation accidents, as well as almost 35,000 serious injuries and almost 62,000 non-serious injuries per year.  In the U.S., 1 in every 6 workplace deaths occur in forklift related incidents.

With roughly 856,000 total forklifts in the United States, this means that approximately 1 in 9 forklifts will be involved in an accident that results in injury or death.  Further, the Industrial Truck Association estimates the average use for the life of a forklift or P.I.T. is approximately 8 years.  Taking this factor into consideration, a fair projection calculates that almost 90% of forklifts will be involved in an incident that results in a worker getting injured over the course of the lifetime of the forklift.  At the Carney, Rezendes & Crowley, LLC, we have skilled and dedicated attorneys who are experienced representing people with personal injury and workers’ compensation claims resulting from forklift accidents.

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