Every year, over-the-road truck drivers are involved in accidents while driving in Massachusetts. Regardless of fault, those drivers, if injured or killed, are entitled to the benefits provided by the Massachusetts Workers’ Compensation Act, no matter where that driver lives. The employer’s place of business does not force an injured trucker to file a claim in that location.
When an over-the-road trucker is injured in Massachusetts, his employer is required to file a First Report of Injury with (1) the Massachusetts Department of Industrial Accidents, (2) its workers’ compensation insurer, and (3) the injured worker within 5 days after the injured trucker misses his fifth scheduled work day. This deadline often comes and goes without the filing of such a report, but it does not mean that an injured trucker cannot file a claim; it merely means that the employer has not followed the law.
Massachusetts has jurisdiction over an employee’s injury occurring in Massachusetts, regardless of where the employee was hired. The injured trucker is free to seek medical care closer to home after receiving emergency medical care in Massachusetts. He does not need to remain in Massachusetts to obtain medical treatment, but can return home to treat.
If you were hired in another state, but involved in a work-related accident in Massachusetts, do not assume that you are covered only by the compensation law of the state where you were hired, or the law of the state where your employer is located. The Massachusetts Workers’ Compensation Act may provide better benefits to one who is injured in a work-related accident.
If you were injured while driving through or making a delivery in Massachusetts, you should contact an experienced workers’ compensation lawyer at Parker Scheer to consider your options. Consultations are free, and can be the difference between receiving better benefits to which you are entitled than you may receive in another state.