If you’ve suffered a work-related injury in Massachusetts, you may not know where to start when you want to collect compensation. Fortunately, the state of Massachusetts does enforce workers’ compensation. You will need to be sure your employer has filed the Employer’s First Report of Injury of Fatality – Form 101 if you’ve had to miss five or more full or part-days of work.
They must file the claim with the Department of Industrial Accidents (DIA) as well as with their workers’ compensation insurance company. They have seven days to do this from the time you’ve reached five days off work due to your injuries. From that time, the insurance company has two weeks to look into your accident and injuries to make a decision on whether or not it will pay the claim that has been submitted.
If your employer won’t send the form, you have other options. For instance, if you find that your employer hasn’t sent in the paperwork after a week off the job, you can turn it in and file a claim yourself. You can complete the Employee’s Claim – Form 110 and send the insurer a copy of that form. There should be a poster at your place of work that describes how to reach the insurer and the policy number or other information.
If not and your employer won’t give you the information, you should contact the DIA. They may be able to help you reach the insurance company. If you still have trouble, you may need to speak with someone who understands your legal rights.
Source: Mass.gov, “Where To Start” Oct. 01, 2014