The workers’ compensation claims process can be a major headache, especially if this is your first time seeking benefits for a work injury. Knowing which documents to file and the right process for ensuring that you receive the benefits that you deserve is not something you should have to stress about when you are also focusing on healing and getting back to work. Our seasoned team of Boston workers’ compensation lawyers is ready to help you assert your rights and to receive the fair outcome that you deserve.
Recently, a Massachusetts court considered a claim in which the injured employee alleged that the insurer failed to reimburse him for prescription medications in violation of an order. Initially, the employee argued that the employer’s insurance company did not make all of the payments due to him under a prior conference order. The insurer filed an appeal regarding the original order and before the hearing on the appeal, the employee filed a claim seeking penalties and a request that the claim for penalties be heard at the appeal. The employee later admitted that the request for penalties did not comply with the statutory requirements because it failed to include an affidavit stating when the payment was due when a payment was made, and the amount of payments still owed.
Before the judge could issue an order on the request for penalties, the insurer paid the outstanding balance for the prescription medications. Because the employee failed to follow the appropriate requirements in seeking penalties, however, the judge denied the request for penalties for failure to pay.