How to File for Workers’ Compensation in Massachusetts
Workers’ compensation is used to provide employees that are injured on the job with money and other benefits that could be used to manage their injuries. If you are not familiar with how to obtain workers’ compensation benefits after a workplace accident, you should call our Boston workers’ compensation lawyers today. The Law Office of John J. Sheehan has provided comprehensive legal services to many people in Massachusetts that were injured at the workplace. We know this is a difficult time in your life, and we want to guide you through the filing of your workers’ compensation claim in Massachusetts.
Qualifications for Filing a Workers’ Compensation Claim in Massachusetts
Workers’ compensation coverage is obtained by an employer from an insurance company. The purpose of the policy is to act as a safety net for workers that are injured while they are performing tasks for their employer. However, there are some requirements that must be met before a worker could successfully file for workers’ comp benefits.
One of the first hurdles to filing for workers’ compensation is that the injured worker must show that they were injured in a work-related accident. For instance, if a worker were injured while operating heavy machinery as part of their daily tasks, this would be an example of a work-related injury. Alternatively, if a worker were injured when they were commuting to the workplace, this would not be enough to claim workers’ comp.
It is important to know that an injury that occurs at the workplace does not automatically qualify for workers’ compensation. For example, if you happened to slip and fall while you were on your lunch break, this does not mean that your injuries are work-related.
Additionally, workers’ comp benefits are not solely for physical injuries that a person sustains. a worker that develops an illness due to the environment at the workplace would also be eligible for benefits. For example, overexposure to chemicals that caused severe lung damage would qualify as a work injury.
Note that intentionally injuring yourself at the workplace would likely cause you to be disqualified for benefits.
How to File Your Workers’ Compensation Claim in Massachusetts
After sustaining an injury at your workplace, you need to inform your employer of the injury and the accident that caused it. Specifically, suppose you were injured and missed five or more workdays due to your condition. In that case, you need to notify your employer or the insurance company that provides workers’ comp benefits for the company.
When notifying your employer, you should provide thorough details regarding the following:
- The date of the accident
- The cause of the accident
- The work-related injuries you sustained
The employer may also ask you to complete an accident report that may pose more questions regarding the accident. Once an employer is aware of the employee’s workplace accident, they should then open a workers’ comp claim with the Massachusetts Department of Industrial Accidents (DIA).
Note that an employer or their insurance company may decide to deny the worker’s claim for benefits. The employer may argue a number of reasons for the denial of benefits. For instance, they may suggest that the injuries of the worker are not sufficient to receive workers’ comp. If your benefits are denied, the worker will have to appeal their case to the DIA, which could be a troublesome process without the help of a Boston SSDI lawyer.
Appealing a Denial of Workers Compensation Benefits in Massachusetts
Learning that your employer denied your workers’ comp claim is not news that any injured worker wants to hear. However, a denial by an employer does not leave you without options. You could appeal your employer’s decision by filing a case with the DIA.
In order to file a workers’ compensation claim with the DIA, you will need the following information concerning your case:
- The date you discovered your injury or illness
- If the worker succumbed to their injuries, the dependent would need the date of their death
- The date of the first and fifth workday missed due to your injury or illness
- The employer’s workers’ comp insurance carrier
- The type and severity of the injuries you suffered
- The estimated timeframe that you will be unable to work
- The doctor or hospital where your injuries were initially treated
- The doctor that is currently treating your condition
- The benefits that you wish to claim
Filing or appealing a claim for workers’ compensation benefits is a time-consuming process that could be very stressful for a person that is already coping with serious injuries. If you had never had to deal with a legal claim such as this, it could be easy to miss a vital step or become discouraged when receiving bad news. Our Massachusetts workers’ compensation lawyers are ready to stand with you through every step of your case to get the benefits you deserve.
Contact Us to Get Started on Your Massachusetts Workers’ Compensation Case
Applying for workers’ comp benefits is easier accomplished when you have a skilled Boston personal injury lawyer on your side. The Law Office of John J. Sheehan is dedicated to using our wealth of experience to help injured workers. an injured employee should not be forced to handle their injuries alone. Call our firm at (617) 925-6407 to get your free consultation with our Massachusetts slip and fall lawyer. You could also use our website to request a consultation.