Obtaining benefits after a work injury may be daunting, but knowing how to file a workers comp claim step by step can make all the difference. Whether your injury is minor or severe, Massachusetts workers’ compensation laws are in place to protect employees and ensure they get the benefits they need. Navigating this system involves specific deadlines, paperwork, and legal requirements that can overwhelm anyone unfamiliar with the process.
At Jim Glaser Law, we’re here to simplify the process and provide the guidance you need to file your workers’ compensation claim with confidence. In this article, we’ll walk you through every step, from reporting your injury to your employer to understanding conciliation and appeal options. We even provide insider pro tips from Attorney Jim Glaser. Our goal is to help you avoid common pitfalls, protect your rights, and get the maximum benefits you may be entitled to under the law.
Table of Contents
- Step 1: Report Your Workplace Injury Immediately
- Step 2: Seek Medical Attention Right Away
- Step 3: Ensure Your Employer’s Workers’ Compensation Insurance Is Notified
- Step 4: File Form 110–Employee Claim
- Step 5: Prepare for Conciliation
- Step 6: Know What to Expect If Your Claim Is Denied
- Common Mistakes To Avoid When Filing a Workers’ Compensation Claim
- Why You Should Have a Massachusetts Workers’ Compensation Lawyer
- Get Help Filing Your Workers’ Compensation Claim Today
- Related Articles
Step 1: Report Your Workplace Injury Immediately
The first step in filing a workers’ compensation claim is notifying your employer about your injury. Massachusetts law provides a deadline that requires employees to report workplace injuries within a week, preferably in writing. This ensures there is a formal accident report on file.
Jimmy’s Pro Tip: Provide a detailed account of how and when the injury occurred, including the exact date, time, and location of the incident, the tasks you were performing at the time, and any contributing factors (e.g., faulty equipment or unsafe conditions). Mention any witnesses and their contact information, and describe the immediate effects of the injury, such as pain or inability to perform certain tasks. Keep a copy of the report for your records to ensure accuracy and protect your rights if the claim is disputed.
Step 2: Seek Medical Attention Right Away
Even if your injury seems minor, seeking medical attention immediately is essential. A medical professional can assess the severity of your injury and provide documentation that links it to your workplace accident. In some cases, your employer may require you to visit a healthcare provider approved by their workers’ compensation insurance.
Jimmy’s Pro Tip: Inform the doctor that your injury is work-related, and keep copies of all medical records and bills. Be sure to check with your employer in case they have to choose your provider.
Step 3: Ensure Your Employer’s Workers’ Compensation Insurance Is Notified
After you report the injury, your employer is responsible for notifying their workers’ compensation insurer. If your employer fails to do this, you can contact the insurance company directly or consult an attorney for assistance.
Jimmy’s Pro Tip: Request a copy of the injury report submitted to the insurer to stay on top of your claim.
Step 4: File Form 110–Employee Claim
If your employer’s insurer denies your claim, delays payment, or fails to act, you will need to file Form 110 – Employee Claim with the Massachusetts Department of Industrial Accidents (DIA). This form officially starts the claim process and must meet all filing requirements. Be sure to include all relevant supporting documents, such as medical reports, unpaid bills, and witness statements.
Jimmy’s Pro Tip: Double-check all information, including the insurance carrier’s name, your date of injury, and the first and fifth calendar days of missed work. Errors can lead to delays or rejection.
Step 5: Prepare for Conciliation
Once your claim is filed, the DIA will schedule a conciliation meeting, an informal discussion between you, the insurer, and a conciliator. The goal is to resolve the dispute without the need for a formal hearing. You’ll need to present all necessary documents and be prepared to negotiate.
Jimmy’s Pro Tip: Having a workers’ compensation attorney by your side during this stage can significantly improve your chances of a favorable outcome.
Step 6: Know What to Expect If Your Claim Is Denied
If the conciliation fails to resolve the issue, your case may proceed to a conference, hearing, and potentially an appeal before the Review Board or court. Each stage involves more formal legal proceedings and requires additional evidence and preparation.
Jimmy’s Pro Tip: Familiarize yourself with the deadlines and requirements for appealing a denial, as missing them can jeopardize your case. An experienced attorney like Jimmy Glaser can help you navigate this process effectively.
Common Mistakes To Avoid When Filing a Workers’ Compensation Claim
- Delaying the injury report: Waiting too long to report your injury can hurt your case.
- Skipping medical treatment: Failing to seek immediate medical care can weaken your claim.
- Lack of documentation: Always document the incident, your injuries, and your communication with your employer.
- Speaking to insurance adjusters without legal advice: Insurance adjusters may try to minimize your claim. Consult an attorney before making any statements.
Why You Should Have a Massachusetts Workers’ Compensation Lawyer
Navigating the workers’ compensation process can be complicated, especially if your employer or their insurer disputes your claim. If you need to hire a lawyer, a workers’ compensation attorney can handle the legal aspects of your case, negotiate with the insurer, and help ensure you receive the maximum benefits available under the law.
At Jim Glaser Law, we offer free case reviews and work on a contingency fee basis, so the cost to hire a lawyer is nothing upfront—you don’t pay unless we win your case.
Get Help Filing Your Workers’ Compensation Claim Today
If you’ve been injured on the job in Boston, Sharon, Cambridge, or elsewhere in Massachusetts, don’t face the state’s workers’ compensation system alone. At Jim Glaser Law, we’re committed to helping injured workers secure the benefits they may deserve. Contact us today for a free consultation, and let our team guide you through the claims process with confidence.
