Workers' comp deadlines in Massachusetts: tell your employer and file

Tell your employer in Massachusetts

Counted from

The date of the injury

In writing?

Yes, in writing

If you are late

Late or missing notice does not bar your claim if your employer, its insurer or an agent knew about the injury, or if the insurer was not harmed by the lack of notice. A mistake in the notice about the time, place or cause does not make it invalid unless it was meant to mislead and did mislead the insurer.

Illness that develops over time

For an illness or injury that develops over time, give notice as soon as practicable after you learn it is related to your work; the 4-year claim deadline runs from when you first became aware of that connection.

Report the injury or illness to your employer as soon as you can. The law requires notice to the employer or its insurer "as soon as practicable" after the injury. The notice should be in writing, signed by you, and say in ordinary language when, where and how you were hurt; any signed written message with that information is enough.

Law: M.G.L. c. 152, §§ 41, 42, 44

Source: mass.gov

File your claim in Massachusetts

Time limit

4 years

Counted from

The date you first became aware that your disability was caused by your job (in a death case, the date of death)

What to file

Employee's Claim, with at least one supporting document (such as a medical report), filed with the Department of Industrial Accidents, Dept. 110, Lafayette City Center, 2 Avenue de Lafayette, Boston, MA 02111-1750, with a copy sent to the insurer by certified mail

Source: Form 110

Claim form

Employee's Claim

Who files it

You report the injury to your employer. If you are out of work for 5 or more full or partial days, your employer files the Employer's First Report of Injury with the DIA, the insurer and you. If your employer does not send Form 101 to the insurer within 30 days of your injury, you can write to the insurer yourself or send it a completed Form 110. You file Form 110 with the DIA yourself if the claim is denied or 30 or more days pass without word from the insurer.

What your employer must do

Within 7 calendar days (not counting Sundays and legal holidays) after receiving notice of an injury that keeps you from earning full wages for 5 or more calendar days, the employer must file the Employer's First Report of Injury with the DIA and send copies to you and the insurer. Employers must post a notice naming their workers' compensation insurer.

Source: Form 101

When the insurer decides

Within 14 days after the insurer receives the employer's first report or your written claim (whichever comes first), it must either start paying weekly benefits or send you (by certified mail), your employer and the DIA a written denial with the reasons. If it does neither within 14 days, it owes you a $200 penalty. For the first 180 days the insurer may pay without accepting liability.

Source: Form 104; pay-without-prejudice period

Illness that develops over time

The same 4-year rule applies: the period runs from when you first became aware of the causal relationship between your disability and your work.

A claim for compensation must be filed within 4 years from the date you first became aware that your disability was related to your work. Payment of compensation or filing a claim stops the clock for benefits for that injury. File Form 110 with the DIA only if the insurer denied your claim, or 30 or more calendar days have passed since the injury and you have not heard from the insurer, or your employer did not report the injury.

Source: Form 104

Law: M.G.L. c. 152, §§ 41, 49

Source: mass.gov

Law: M.G.L. c. 152, §§ 6, 7

Source: mass.gov

Waiting period and first payment in Massachusetts

Waiting period

Weekly benefits are not paid for the first 5 full or partial calendar days you cannot work; payment starts on the 6th day. The days do not have to be in a row. If you are out fewer than 5 days, only medical benefits are paid.

Paid back for the waiting days

If you are out of work for 21 calendar days or more, you are also paid for the first 5 days.

First payment

The insurer must start weekly payments or deny the claim within 14 days after it receives the first report of injury or your claim. In most cases you should start receiving a check within 3 to 4 weeks after your injury. If the insurer neither pays nor denies within 14 days, it owes you a $200 penalty.

How often you are paid

Weekly

Law: M.G.L. c. 152, §§ 7, 29

Source: mass.gov

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