If you were hurt on the job or performing a job related task than you are entitled to file a workman’s comp claim in Massachusetts. That being stated, it’s typically your employer’s responsibility to start the process by reporting your injury. That means you need to notify your employer in writing if you are injured at work, or are suffering from a disability that your job caused. The reason to put everything in writing is so that you have proof. You should include information regarding the time and date when your injury occurred.
You should also list exactly what happened and the type of injury you are suffering from. If you were in a work related accident and there are witnesses, it’s important to list those witnesses in your written report as well. This will help you when you file a workman’ comp claim in Massachusetts. The bottom line is that you have rights and you should be compensated accordingly. Did you know that by law your employer must report your injury with the Department of Industrial Accidents and the company that carries their worker’s compensation insurance policy?
However, they are only required to do this if your injury prevents you from working for five (5) full or part time days. Furthermore, your employer is required to report your injury within a period of seven (7) days after the fifth day of your injury. In essence, if you are out for 5 full or partial days your employer must report your injury within twelve (12) days from the time the accident occurred. From that point, the worker’s compensation insurance company has a maximum of fourteen (14) days from the time they are initially contacted by your employer to decide whether or not they will pay you any benefits.
For example, a worker’s comp insurance company may not pay you benefits if they deem the accident was your fault because you were acting in an irresponsible manner such as drinking or doing drugs on the job. It should also be noted that if your employer fails to file notice regarding your intent to file a workman’s comp claim in Massachusetts they will be most likely be required to pay fines and penalties.
If you need help filing a worker’s comp claim in Massachusetts please contact Your Legal Rights Advocates today for more information and advice.