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The Workers’ Compensation Process in Massachusetts & Workers’ Compensation FAQs

Seek Maximum Compensation for Work Injuries

Were you seriously hurt at work and are now unsure about what you should do next? Perhaps you don’t know what your protections are. The state of Massachusetts has a workers’ compensation act that was put in place to help protect workers who are hurt, killed, or diagnosed with an illness because of their job. This article explains the Massachusetts workers’ compensation claims process and provides information regarding steps individuals should take if they suffer a workplace injury.

If you or a loved one was injured at work, I invite you to call my office to schedule a free consultation. As a workers’ compensation attorney with over three decades of legal experience, I can tenaciously advocate for your rights and the maximum compensation and medical treatment to which you are entitled.

Don’t Wait. Insurers only have 14 days to pay or deny your claim. Learn how to improve your chances of having your claim approved.

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How Do I File a Workers’ Compensation Claim in Massachusetts?

To initiate a workers’ compensation claim, an injured worker must notify an employer of his or her injury.  This should be done as soon as possible after the injury occurs.

Then, the employer must file a Form 101 (Employer’s First Report of Injury/Illness) with the Department of Industrial Accidents (DIA) and with their workers’ compensation insurance carrier. This filing is required to be made within five business days after a worker is unable to earn their full wages for five or more calendar days.

Once a workers’ compensation insurance company is given notice, it has 14 calendar days to either begin paying benefits or notify the employee and the DIA that it is denying the claim. If a claim is denied, the insurance company must provide notice to the injured of the reasons for the denial. This is done on a Form 104 (Insurer’s Notification of Denial).

If an insurance company is not provided with medical documentation confirming an injured worker is disabled and that the condition is work-related, then the insurer will usually deny the claim. It is critical to note that workers’ compensation claims adjusters will not seek the required medical documentation; thus, it is incumbent upon the claimant/injured worker to ensure the medical documentation is provided to the insurer.

Injured workers are highly encouraged to speak with a workers’ compensation claim attorney from the outset so they can potentially avoid costly application and documentation errors.

What Information Do Injured Workers Need For A Workers’ Compensation Claim in Massachusetts?

The following information is needed by insurers in order to process a claim:

Hire An Experienced Workers’ Compensation Claim Attorney – No Legal Fee or Expenses Unless You Get Paid

You will not owe any legal fee unless and until you get paid. In many instances, the workers’ compensation insurer has to pay my fee and expenses. I invite you to call me for a free consultation. You can speak to me directly to discuss your case, and I can answer your questions and explain the process.

I will be handling your case personally. You will not be delegated to a legal assistant. I will keep you fully informed as your case progresses and also be available to answer any questions that you may have.

I would look forward to having the opportunity to handle your case.

Massachusetts Worker’s Compensation Claims Process FAQ’s

Yes. The workers’ compensation system in Massachusetts is a no-fault system, meaning that you are entitled to compensation even if you may be at fault.

The primary consideration is that the injury occurred in the course and scope of employment. Of course, there are exceptions – if the injury was intentional and self-inflicted, occurred while a worker was committing a serious crime, or resulted from a violation of company policy, then benefits may not be available. But in general, workers’ compensation is designed to protect workers, even when they might share some fault for the accident.

Under Massachusetts law, employers must give the name of their workers’ compensation insurer to their workers. Notification is often done through a form published by the DIA known as a notice to employees. The notice must be posted in a place where workers can easily see it, such as on an employee bulletin board or in a break room. If you have difficulty accessing this notice, you can also ask your employer or human resources department directly.

While it’s important to note that hiring an attorney does not necessarily mean your claim will be resolved faster in a bureaucratic sense – as we don’t have control over the internal operations of the insurance company or the Massachusetts Department of Industrial Accidents – I can certainly help expedite the process on our end.

As an experienced workers’ compensation claim lawyer, I can help gather the necessary medical evidence, fill out forms correctly, and submit them promptly, preventing unnecessary delays that can occur due to incomplete or incorrect paperwork. I understand the intricacies and requirements of the system, which allows me to avoid common pitfalls and move things along more efficiently.

Further, hiring my firm can often lead to a more expeditious resolution because I will work diligently to avoid any unnecessary delays and to push your claim forward as swiftly as possible while ensuring your rights are protected and you receive the maximum benefits you’re entitled to.