How to File a Workers Comp Claim in Massachusetts
If you have suffered a workplace injury in Massachusetts, you may be eligible for workers compensation. In this state, workers compensation laws provide for full coverage of medical costs associated with workplace injuries. Additionally, one also gets financial assistance if they are temporarily or permanently disabled after the injuries.
After suffering an injury, there are steps that you should take to pursue compensation. Here is a quick overview of how to file a workers comp claim in Massachusetts and get full compensation for the medical costs and disability that may have resulted from the accident.
Step 1: Inform Your Employer
The immediate thing to do after suffering a workplace injury is to inform your employer. You can notify them orally or in writing, but a written notice is the best as there is proof that you fulfilled the notice requirements. Never assume that the employer knows that you are injured. If you don’t give notice, you can lose the right to get compensated for the injuries.
When notifying the employer, include the following information and be as detailed as possible:
- When the accident occurred
- Where the accident occurred
- How you got injured
- Symptoms that resulted from the injury
Step 2: File an Accident Report
In some instances, the employer may ask you to fill an accident report. This report comes in handy when there are disputes in a workers comp case. Be as accurate as possible when filling out this document, as any lies or omissions may be used against you. If you lost consciousness or cannot remember the details of the accident, be sure to indicate this in writing.
Step 3: Employer Files the Employee’s Claim
After notifying your employer and filling an accident report, your employer is required to file an Employer’s First Report of Injury or Fatality with their insurer and the DIA. If the employer refuses to file this report, you can do it yourself. At this point, you may also consider getting a workers comp lawyer in Boston. Employers who refuse to file compensation claims for employees usually complicate the process, and you may be forced to file a claim in court.
Step 4: Insurance Compensation
After the employer files the employee’s claim with their insurer, the insurance company reviews the claim and investigates medical records and requests a medical examination and a functional capacity evaluation to determine your ability to work and analyzing your wages. If all goes well, they will approve the claim and release compensation. However, there are instances when the insurance company can reject your claim. The law requires insurers to approve or reject workers comp claims within fourteen days of receiving the claim.
Step 5: File a Claim in Court
If your claim is rejected, you can proceed to file it in court. The Massachusetts statute of limitations for workers comp claims is four years from the date you received the rejection letter. However, it is best to pursue compensation as soon as possible. At this point, you need a workers comp lawyer who can help you to put together a solid case which includes tangible proof and evidence that you got injured at work. The lawyer will also get witnesses, medical experts, and other professionals who can corroborate your injuries and help you to receive compensation.
Workers’ comp claims don’t always go as expected. Sometimes you may receive compensation immediately after filing a claim and other times the insurer can reject the claim. Be prepared for any outcome. Hire a Massachusetts workers comp lawyer who can help you navigate the case and ensure that you get full compensation for injuries suffered at work.