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Employer rights under workers' compensation

As an employer, you have a vested interest in work-related injuries that happen at your place of business.

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What are my rights as an employer during the claims process?

While the insurer is legally the interested party during the claims process, the employer will receive notice of a Conciliation, Hearing, Lump Sum Conference or any proceeding involving employer misconduct (MGL c. 152, § 28). If a § 28 Wilful Misconduct of Employer proceeding is called involving your business, you are required to attend.

It is your right as the employer to attend the Conciliation, Conference and/or Hearing proceedings; however, you may not participate unless you are called as a witness. For this purpose, you are encouraged to maintain well-documented records of all accidents and reports including names of witnesses. If you have any pertinent information relating to any claims, you should inform the insurer.

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