Massachusetts Workers' Compensation Claims
UPDATED: March 10, 2020
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Massachusetts workers' compensation claims should be filed by any worker who has been injured in an accident at work or who has become sick due to exposure to hazardous materials in the work environment or resulting from duties performed at their job. Because any Massachusetts employer with employees who work more than sixteen hours per week is required to carry workers' compensation insurance, employees who suffer these kinds of workplace injuries or illnesses are often provided with medical and income replacement benefits while they recover from their injuries.
In order to receive workers' compensation benefits in Massachusetts, a worker must file a claim for workers' compensation benefits with the Massachusetts Department of Industrial Accidents.
Process for Massachusetts Workers' Compensation Claims
You must notify your boss when you are injured or become ill as a result of your work. If you fail to report your workplace injury or illness to your employer, you may lose your eligibility to receive workers' compensation benefits, or receipt of your benefits may be delayed. After you have notified your employer, they should then file an Employer's First Report of Injury or Fatality Form 101 with their workers' compensation insurance within seven days of the worker's reporting of the injury.
The worker should also immediately seek medical attention for his work-related injury or illness and make sure that the medical professional treating him is aware that his injury is in some way related to his employment. This can become crucial down the road if the claim is contested and evidence is needed to prove the legitimacy of the injury.
If the worker's boss does not file a Form 101, the employee must file a Form 110 with the Massachusetts Department of Industrial Accidents to claim workers' compensation benefits. The claim for workers' compensation benefits must be submitted within one year of the injury or the onset of the illness. Failure to file a Massachusetts workers' compensation claim within one year will put the worker at risk of losing their right to permanent disability, medical, or lost wage benefits.
Contact an experienced Massachusetts workers' compensation attorney with any questions or concerns you may have about filing a Massachusetts workers' compensation claim.
Reasons to Hire a Massachusetts Workers' Compensation Attorney
There are certain circumstances in which a workers' compensation attorney is necessary for an effective resolution of your Massachusetts workers' compensation claim. For example, if your employer is not being cooperative, or lacks the proper insurance coverage, or if your claim is disputed or rejected, an attorney can help you argue your case and come up with an effective way to assert your claim with the Massachusetts Department of Industrial Accidents.
Furthermore, if your case becomes increasingly complicated because of the involvement of a third party, such as a manufacturer whose defective piece of workplace equipment caused your injury, a Massachusetts workers' compensation lawyer can help you understand how to join this party in your claim and explain the effect that joining such a party will have on your case. In addition, a workers' compensation lawyer can assist you in tracking filing deadlines for your claim, putting together a strategy for your case, and understanding the policies of the Massachusetts Department of Industrial Accidents.