Bill > S976

This bill aims to improve injured workers' access to medical care and workers' compensation benefits by making several changes to existing laws, primarily within Chapter 152 of the General Laws, which governs workers' compensation. Key provisions include expanding the grounds for appealing denied claims to include disputes solely about the existence of an employment relationship or the calculation of an employee's average weekly wages, ensuring that average weekly wages are calculated based on legally owed wages even if not fully paid, and increasing the maximum weekly compensation rate from twenty to thirty times the average weekly wage. The bill also mandates that insurers consider all available evidence from both employers and employees when deciding to start weekly benefit payments, and they cannot refuse to pay simply because an employer is unresponsive, relying instead on employee-provided information. For injured workers whose primary language is not English, the bill ensures they will receive qualified interpreters during conciliations, conferences, hearings, and impartial medical exams. Furthermore, it clarifies that the Trust Fund, a state-run insurance fund for workers' compensation, is included in the definition of insurers and can make payments for compensation and medical services, with the ability to recover costs from other liable insurers. The bill also requires employers to provide workers with notices about their rights and responsibilities in multiple languages, including posting them in visible locations, and mandates that insurers and the Trust Fund provide necessary incidental services for healthcare, such as interpretation and transportation, directly or by reimbursement, and that the Trust Fund must pay weekly benefits and healthcare services within fourteen days for certain disputes, like the existence of an employment relationship or which insurer is liable.