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

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

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Attorney answers 4


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 based on Massachusetts law, and are for educational purposes. No attorney-client relationship is formed by providing an answer to a question.



Dear Ms. O'toole, they cannot deny responsibility, even if I resign? I am still being treated. Thank you very much.


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?


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. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:


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.

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