Injured workers are eligible for workers’ comp benefits. As long as the injured worker is an employee (and not an independent contractor), and acting in the course and scope of employment, then workers’ compensation coverage is triggered.

All employers in Massachusetts must carry this insurance coverage. Failure to do so can result in very stiff legal penalties to the employer. But how do you actually file for workers’ comp benefits?

Reporting The Accident To Your Employer

It is important for the injured employee to immediately notify the employer about the accident. Report all details about the accident as precisely as possible so that there is an actual and comprehensive report on what happened. There should be no delays in reporting because delays can negatively impact the injured worker’s rights to benefits.

Filing The Necessary Paperwork

Once the employer learns of the work injury, and the employee misses five days from work due to the injury, the employer must file a Form 101 – Employer’s First Report of Injury. Note the five missed days do not have to be consecutive days missed.

This form must be filed within seven days of the employee’s fifth day of missed work due to injury. It is filed with the Massachusetts Department of Industrial Accidents, as well as with the employer’s workers’ compensation insurance company.

Once the insurance company receives this form, they then have 21 days upon receipt to decide to either start paying the employee, or to not pay the employee Massachusetts workers’ compensation benefits.

Massachusetts Workers’ Compensation Attorney

It is important not to delay filing for workers’ comp benefits as you have a limited period of time in which to do so. If you have any questions about filing for workers’ compensation benefits in Massachusetts, I encourage you to contact our law office for help. Don’t go it alone; get the help you need today.