Helping People in Boston, Quincy, Plymouth, and All of Massachusetts
If you’re injured on the job, you will probably need workers’ compensation to help you while you heal. Work comp helps pay your medical bills and lost wages from the injury. But filing a workers’ compensation claim can be a complicated, daunting process.
It involves a lot of paperwork, evidence, and sometimes time in court depending on the circumstances. Sometimes, workers’ compensation claims are filed smoothly and with no problems. Other times, however, you may need the help of an experienced lawyer to guide you through the process to help maximize your benefits.
The following step-by-step guide lets you know the specifics about how you’re supposed to notify your boss when you’ve been hurt on the job in Massachusetts in order to start a workers' compensation claim.
Steps to Filing a Workers’ Compensation Claim
1) After you are injured in a workplace accident, Massachusetts’s law requires you to notify your employer in writing within a reasonable period of time after the accident. You should report specific information about the accident, such as the time and date, location, what happened, the type of injury you suffered, and any possible witnesses.
2) Your employer must then file the Employer’s First Report of Injury or Fatality – Form 101 with the Department of Industrial Accidents and their workers’ compensation insurance company within seven calendar days from the fifth calendar day you have been disabled as a result of the workplace injury. If your employer fails to file a notice of your claim, they will be subject to penalties.
3) Your employer’s insurance company must investigate the filed claim within 14 calendar days from when they receive Form 101. During this time, they will decide whether they will pay the claim or not.
4) If the insurance company denies you benefits or 30 days has passed since the claim was filed, you, as an employee, can file a claim with the Department of Industrial Accidents yourself, using Employee’s Claim – Form 110.
5) If no resolution is reached with your employer’s insurance company, a judge will hear the matter and issue an order based on evidence put forward in the hearing.
Contacting a Boston Work Injury Lawyer
There are some cases where employees do not get the compensation they deserve, even if they have notified their boss in the right way. You shouldn’t have to worry about fighting with insurance companies. Let us do that for you. If you need help getting your money, call us for a free consultation to discuss your legal options. You can call us toll-free at (617) 379-0016 or send us an email.