Workman's comp and end of their responsibility and coverage - Urgent.

Asked 12 months ago - Cambridge, MA

I am leaving the company where I fell and injured my leg. They offered me a separation package where I leave because I don't get along with my supervisor. My question is, how can I protect myself so I won't lose the coverage of workman's comp through them. Leaving the company will end the workman's coverage? Please how does it work and what can I do to not lose it if I leave the company.
Thank you. I

Attorney answers (4)

  1. Kathleen O'Toole

    Contributor Level 8

    2

    Lawyers agree

    Answered . Your employer's worker's compensation insurer still has an obligation to pay your work-related medical bills and/or lost wages, regardless of your employment status. They can't avoid that responsibility simply by laying you off.

    Kathleen R. O'Toole is an attorney licensed to practice law in the Commonwealth of Massachusetts. All answers are... more
  2. Joseph J. Ranone

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If your case was an accepted claim, leaving the company is not going to affect the medical coverage portion of the comp case. It can have an impact on the weekly indemnity portion of the case if you leave there and return to work at another employer. Why don't you try to settle your case if you're leaving that employer?

  3. Jeffrey A. Young

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . From what you have said, it seems that you are working and not getting disability benefits. The workers' comp. insurer is paying medicals only at this time. That will not change if you go to another company, except, if you have an aggravation of the same injury with a new employer, under Mass. law it may become a new claim with the new employer. If you do aggravate the injury make sure you inform the new employer immediately.

    Although Mass has a provision that says you cannot release your rights to compensation, it is best to make sure the separation agreement does not have a provision in it saying that you are releasing those rights.

  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Be Careful! If the severance package recites that it resolves all claims or similar language, it will extinguish your WC claim.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,995 answers this week

2,819 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,995 answers this week

2,819 attorneys answering