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Workers' Comp Claim FAQs

When can I file a workers’ compensation claim?

You can file a workers’ compensation claim any time you suffer an injury or develop an illness as a direct result of your job. You can file a claim if you were hurt in your normal place of business or on your normal worksite. You can also file a claim if you were sent on required errands or to perform mandatory work duties. For example, if you were hurt in a car accident while running errands for your boss, you can file a workers’ comp claim. You can also file a claim if you were exposed to toxins at work that made you sick or if you developed a repetitive stress condition due to work tasks.

If I was working out of state but hired in Massachusetts, where should I file my workers’ compensation claim?

The National Commission on State Workmen’s Comp laws recommends that you be given the choice of filing your claim either in the state where you were injured or in the state where you were hired. Massachusetts follows this recommendation and allows you to choose either state. The majority of states also follow this rule.

What should I do if I do not know the name of my employer’s workers’ compensation insurer?

Your employer is required to provide you with information on who the workers’ compensation insurer is. This information must be posted somewhere in your workplace on a Notice to Employees poster. You may also ask your employer and your employer must tell you.

When should I file my workers’ compensation claim?

You should file your workers’ compensation claim as soon as possible or practical after suffering a work injury. The sooner you get the process of filing your claim started, the sooner you will begin receiving benefits. It is important to get medical help and to file your workers’ compensation claim as soon as possible after your work injury so your employer does not try to argue that your injury wasn’t really caused by your job.

How long do I have to file a workers’ compensation claim?

You have four years from the time when you first discover your work related injury or illness to file your claim.

How do I file a workers’ compensation claim?

To file a workers’ compensation claim, you will need to report your injury to your employer. Your employer will then need to complete Employee Claim Form 110. You do not have to do anything to make your claim other than notify your employer- however, you will typically also want to notify your union rep if you have one. Once your employer is notified, it becomes their responsibility to act. If your employer does not act, however, and doesn’t make a claim for benefits on your behalf, then you will need to take further action yourself. Typically, this means hiring a workers’ compensation lawyer since your employer isn’t doing what is legally required.

What information should I include when filing a workers’ compensation claim?

When reporting your injury to your employer, include your name and contact information as well as details on your injury and what occurred. You should specify both how the injury happened as well as what your symptoms are.

Should I report all work injuries?

You should always report work injuries to your employer as soon as they happen, even if they do not initially appear to be serious injuries. What may appear to be a mild injury could develop into something more serious and, if so, failure to report the incident that caused the injury could make it more difficult for you to get workers’ comp benefits.

What is my employer required to do when I report an injury?

When you report an injury and/or if you have suffered an injury and cannot work for five or more days, your employer is required to report your injury to the workers’ compensation insurance company that provides your coverage. The law mandates your employer provide you with a copy of the report to the insurance company, as well as with the contact information of the insurance company.

What should I do if I discover my employer did not have proper workers’ compensation insurance?

If your employer does not have proper workers’ compensation insurance, you may still make a claim for workers’ compensation benefits. This claim will be processed and paid through the state Workers’ Compensation Trust Fund. The process of filing your claim is different when filed with the Trust Fund and it is advisable to contact a Massachusetts’ workers’ compensation lawyer for assistance.

What happens after I file a workers’ compensation claim?

After a workers’ compensation claim has been filed, the insurer representing your employer must respond to the claim within 14 days. They must either begin paying benefits or must provide notice of denial, specifying why the claim was denied.

When do benefits start when I file a workers’ compensation claim?

Once you have missed five calendar days of work, you will begin receiving benefits for lost wages. If you miss 21 calendar days of work, you will also receive payment for the first initial five days missed.

Because it takes time to process your claim, however, you may not receive a benefits check until approximately three weeks after you’ve first notified your employer of your injury. If your claim is denied, it can take much longer as you will need to appeal the denial.

Can I make a claim for both workers’ compensation and social security disability benefits?

You may make a claim fro both social security disability benefits and workers’ compensation benefits. However, the qualifying requirements for each program are different and there is a different application process. The amount of social security disability benefits you receive may also be reduced as a result of your workers’ compensation benefits.

What if my claim is denied?

If your claim is denied, you have the right to appeal the denial. A Boston workers’ compensation lawyer will assist you in appealing.

What rights do I have if someone besides my employer contributed to my injury?

If a third party caused or contributed to your injury, you may be able to file a lawsuit. You cannot sue your employer due to workers’ compensation rules. The decision in the third party lawsuit will be based on the standard applied to the type of case. For instance, if you are injured in a work-related car accident and sue the driver of the other vehicle in the accident, then liability would be determined based on whether the driver was negligent in comparison to a hypothetical reasonable driver.

How can I get help making a workers’ compensation claim?

An experienced Boston workers’ compensation lawyer can assist with making a workers’ compensation claim and with appealing a claims denial if necessary. Your attorney will be paid only if you are successful in receiving benefits.

Contact The Law Offices of Jeffrey S. Glassman today to schedule a free consultation to learn how we can help.

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