A workplace injury can leave you facing challenges you never expected. Workers compensation benefits are meant to provide financial relief, covering medical expenses and lost wages, but the process can be complicated. Many employees miss out on the help they need simply because they don’t know where to start.
In Massachusetts, workers compensation insurance protects injured workers, but getting those benefits often requires careful action. Reporting your injury promptly and understanding your rights are critical for a successful claim.
This article breaks down the steps you need to take to protect your rights and secure the benefits you deserve. With clear guidance, you can take control of your situation and focus on your recovery.
- What to Do After a Workplace Injury?
- Get a Free Case Evaluation
- When Do You Need to File a Workers Compensation Claim?
- What to Do If Your Employer Doesn’t Carry Workers Compensation Insurance?
- What Is the Statute of Limitations for Filing a Workers Compensation Claim?
- Get a Free Consultation from the Experienced Workers Compensation Attorney!
- FAQs About Workers Compensation
- 30-Day, Risk-Free Guarantee
What to Do After a Workplace Injury?
A workplace injury usually happens unexpectedly. The immediate shock and stress often make it challenging to think clearly. You may feel the need to return home and rest, hoping that the pain will fade away on its own.
But these first hours and days matter a lot. This is precisely when you need to take action.
Here’s what you should do to protect your health and your rights.
Seek Medical Treatment First
Your health comes first. Even if your injury seems minor, we recommend getting medical help as soon as possible. Small injuries may only appear small initially but can lead to more serious, long-term complications.
Furthermore, quick medical care does more than just help you heal faster — it ensures your trauma is documented. Medical professionals will write down their observations, like what the injury is (for instance, a burn injury), its severity, and when it occurred. This official medical record will be harder to dispute later by workers compensation insurers.
Report Your Injury to Your Employer
If you don’t report your work-related injury, you might lose your right to receive workers compensation benefits. Just send an email to your supervisor or HR department to start the process. The sooner you report your injury, the stronger your position will be.
Most importantly, send the notification in written form since it will be easier to prove that your employer has been informed about the trauma. Make sure to include the time of the injury, details about the incident, and what body parts are hurt.
Some employers may suggest resolving this situation quietly or waiting to see if it gets better. However, the law protects your right to report any injury that happens at work. Keep a copy of your email and any response you get.
Submit Your Workers Compensation Claim
In Massachusetts, your employer is the one who must file the workers compensation claim. They need to fill out Form 101 (Employer’s First Report of Injury/Fatality) and send it over to their insurance company and the Department of Industrial Accidents (DIA). This should happen if you miss five or more days of work because of your injury. These five days don’t have to be consecutive.
Once you reach the five-day mark of missed work, your employer has seven days (not counting Sundays and legal holidays) to report your injury to the DIA. The form can be submitted through the DIA’s online system (paper forms are no longer accepted).
If you miss less than five days of work, your case will be considered a “medical only” claim. These types of claims go straight to the insurance company without involving the DIA. Your employer needs to contact their workers compensation insurance company to get the right form for these smaller claims.
Get Help from a Workers Compensation Lawyer
If your injury isn’t so serious, your employer has proper insurance, and they file your claim on time, the workers compensation process shouldn’t have any complications.
However, if trauma is more severe, like a head injury, and implies numerous consequences, a workers compensation insurer might propose a settlement far below what you’re entitled to. Your employer could miss important deadlines for your claim or argue that your injury didn’t happen at work.
A lawyer can significantly improve your situation in such scenarios. Reputable workplace injury attorneys offer free first meetings to discuss your case. They will handle the necessary paperwork and deadlines and communicate with the workers compensation insurers on your behalf, and inform you whether their offer is reasonable. This way, you won’t have to worry about legal disputes and ensure you get truly fair workers compensation benefits.
Get a Free Case Evaluation
When Do You Need to File a Workers Compensation Claim?
If your claim is denied by workers compensation insurers or your employer simply refuses to file it, you have the option to submit your own claim using Form 110 (Employee Claim). If you work with a workers’ compensation attorney, they must submit Form 110 through their online account.
Form 110 requires important details about your case. You need to include the exact date of your injury and when you first missed work, your employer’s workers compensation insurer’s name, the affected body parts, where you received the initial medical treatment, who your current doctor is, the workers compensation benefits you’re seeking, and more.
The filing process requires careful attention to detail. You must make three copies of Form 110 along with all relevant documents, such as unpaid medical bills and the names of any witnesses and their statements, if available.
One copy must be sent to the employer’s workers compensation insurance company, even if they already have them. If you don’t attach these papers, the insurance company’s lawyer can ask DIA for your claim withdrawal because it wasn’t filed right.
After you submit your claim, you should hear back within one to two weeks. The DIA will send you a notice.
What to Do If Your Employer Doesn’t Carry Workers Compensation Insurance?
Massachusetts law requires that most employers have workers compensation insurance. So, it’s illegal not to have it since it’s the employer’s duty to ensure that employees are protected. However, if your employer doesn’t have insurance, this can create a difficult situation not only for the company you work at but also for you.
You have several options after being injured at the uninsured workplace. The state has established the Workers Compensation Trust Fund (WCTF) to provide benefits similar to regular workers compensation insurance.
You’ll be required to provide details regarding your injury, similar to what you’d include in a traditional workers compensation case.
Once the claim is submitted, the DIA will take time to evaluate it. A claims representative will contact you to discuss the specifics.
Another option is to pursue legal action against the employer. This way, you can get benefits beyond what workers compensation typically provides, including full lost wages and pain and suffering damages.
What Is the Statute of Limitations for Filing a Workers Compensation Claim?
Massachusetts sets specific time limits for submitting a workers compensation claim — four years. However, the timeline works differently depending on the situation.
The four-year period begins when you become aware that your injury or illness is related to your job. For instance, if an employer gets a back injury while lifting heavy boxes at work, the timer starts on the day of your injury.
Some traumas, however, may not be immediately obvious. If an employee has lost their hearing because of working near loud machines, they might not associate it with their job right away. In that case, the four years start running when they recognise that this condition is job-related.
Get a Free Consultation from the Experienced Workers Compensation Attorney!
You don’t have to waste valuable time trying to understand complicated worker compensation regulations by yourself. Michael Kelly Injury Lawyers have managed numerous workplace injury cases and know how to assist you.
We understand the mindset of workers compensation insurers. They often try to minimize injuries or deny claims. However, we ensure they don’t succeed. Our workers compensation attorneys will gather all the necessary evidence and present your case effectively.
Call us or contact our team online — let our experience be your advantage!
FAQs About Workers Compensation
What is considered a workplace injury in Massachusetts?
A workplace injury occurs while you perform your job responsibilities. This includes sudden injuries, like slipping and falling on a wet floor, and health issues that develop gradually due to your job, such as respiratory problems from harmful dust.
What does workers compensation cover?
Workers compensation benefits cover all necessary medical expenses related to your work injury. This includes visits to the doctor, hospital stays, medications, physical therapy, and medical devices like crutches or braces. Additionally, you receive workers compensation for lost wages while you’re unable to work.
What isn’t covered by workers compensation?
Self-inflicted injuries aren’t covered. Also, if you get hurt while you’re under the influence at work, you’re not entitled to workers compensation. Pain and suffering payments aren’t part of workers compensation benefits either since the system primarily focuses on medical bills and lost wages.
