Do You Know the Rule? Mass. Return to Work

16 Dec, 2022 Frank Ferreri

                               

Boston, MA (WorkersCompensation.com) -- It's no secret that employers want their employees on productively on the job. And so it's no surprise that getting employers back into work after receiving workers' compensation benefits is multi-layered process involving medical, organizational, and compliance concerns, just to name a few.

But if you're in Massachusetts, what do you need to know about the legal requirements surrounding returning workers. The following information highlights the key info.

Returning to Work

State law reminds employers that the benefit of returning an injured worker back to work for their employer, whether it is on light duty or through modifications in the workplace or work hours, would be an improved workers’ compensation history and a modification of their insurance rates. As cautionary detail, the law also prohibits an employer in Massachusetts from firing, refusing to hire, rehire, or promote or otherwise discriminate against a qualified person with a disability because of that person's disability.

Beyond those basics, what should an offer of a return to work look like in the Bay State?

Offer of Work

Unless a union contract, or individual contract of hire, requires it, an employer doesn't have to hold the employee's job open while they can't work due to an on-the-job injury. But, the workers' compensation law does require employers to give preferential treatment in the rehiring of injured workers when they are ready to return to work.

For compliance information from Massachusetts and the rest of the U.S., subscribe to WorkCompResearch


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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