Workers' Comp in Massachusetts: What You Need To Know
September 16, 2022 · 6 min read
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When you get injured at work in Massachusetts, you’re entitled to benefits and healthcare.
What most people don’t know (or their employers don’t let on) is the circumstances don’t matter. If it was an accident, even if it was your fault, you’re entitled to workers' compensation.
The workers compensation process differs drastically between states. Here’s how to apply for, and receive, the benefits you’re entitled in Massachusetts.
Phase one: Starting your claim by notifying your boss
Your first step to filing a workers' comp claim is to notify your employer about your injury. This step sets off the claim process by getting your information in the government and your insurer’s systems.
What injuries count for workers' compensation?
An injury or illness counts as work-related when an event or exposure at your workplace causes, contributes to, or aggravates a medical issue.
Note that this definition doesn’t specify who needs to be involved. Even in the case of an accident involving only you, you could still qualify for workers' comp.
How do I file a workers' comp claim in Massachusetts?
Your responsibility as an applicant is to let your employer know about your injury. Most of the claim filing process should happen on your employer and their insurer’s end.
Once you tell them about your injury, your employer will file a report to the state Department of Industrial Accidents (DIA) and their workers' compensation insurance. You should get a completed copy of that form, too.
Your employer must file that form within seven days of the fifth day you lose work time from your injury. From there, the insurance has 14 days to decide if they will pay your claim.
If your employer doesn’t send their report and 30 days pass after your injury, you can report the injury to the insurance company yourself in writing. You can also send them Form 110, the DIA’s employee claim form.
When you need to file a claim yourself, a lawyer can help you provide the appropriate information to the insurer to improve your chances of a successful claim.
When and how should I let my employer know about my injury?
Tell your employer as soon as possible about your injury.
When you can, provide that notice in writing, such as through an email, letter, or text. Save a copy for your records.
These measures help you build a stronger case if your claim is denied. Letting your coworkers know about your injury when it happens can also create a better case if you end up needing witnesses.
What should I do if my claim is denied?
According to the DIA, half of workers' comp claims in Massachusetts are disputed or denied by an employer or insurer. If this happens, the DIA highly recommends getting a lawyer.
Once you acquire a lawyer, they’ll work with you to file a claim with the DIA. You can also file one of these claims when you don’t get the benefits you think you’re entitled to.
The DIA starts this process with basic negotiations among you, your employer, and the workers' comp insurance. If you don’t come to a resolution at that stage, the DIA will escalate the situation to informal legal proceedings and then a formal hearing.
Phase two: Getting active medical treatment
As you receive active medical care for your on-the-job illness or injury, your employer’s workers' comp insurance will provide the benefits they consider appropriate.
The workers' compensation insurer must give you an insurance card with your claim number on it. Give your doctor that claim number when you see them so you can receive the medical benefits owed to you.
What doctor can I see for workers' comp?
In Massachusetts, you must go to your employer’s own medical clinic for your first appointment. If they don’t have a dedicated medical practice, you can choose your doctor.
Even if your employer sends you to their clinic for your first visit, however, you can go to your own doctor from the second visit onwards.
Throughout your treatment, your workers' comp insurer may send you to one of their doctors to evaluate your condition.
Can I go back to work during treatment?
The duties you take on as you go back to work can affect how much money you receive from workers' compensation.
Depending on the nature of your job, your employer may put you on light-duty work.
Working with light-duty responsibilities generally doesn’t interfere with your case. But, if you go back to your full responsibilities, you could receive fewer benefits due to your injury being perceived as not sufficiently severe.
For the same reason, taking a second job can also interfere with the total amount you end up gaining from workers’ comp.
In Massachusetts, workers' comp will cover a set percentage of your wages that varies by how much your injury reduces your ability to work.
When will the workers' compensation insurance stop covering my treatment?
Your employer’s workers' compensation insurance covers as much treatment as the insurer considers themselves liable for.
While the workers' comp insurer must make an initial decision on your case within 14 days, they will make a final choice within 180 days from your injury. During those 180 days, they can pay you benefits without deciding if they’re responsible yet.
If the insurer considers themselves not liable when you still need treatment, you have the right to work with a lawyer to appeal that decision.
Phase three: Reaching maximum medical improvement
You’ll reach a point in your treatment where you’ll figure out if you need long-term care. At this stage, you and your lawyer may have to negotiate the benefits owed to you for the rest of your life.
In many cases, this means the employee recovers and can go back to work.
Other cases involve an employee who has a chronic condition as a result of their injury. In this situation, they’ll want to get coverage for ongoing care that helps them manage their symptoms.
What am I entitled to after I reach MMI?
Once you reach MMI, your employer’s workers' comp insurer will ideally cover any ongoing care you need to function. If they deny your claim at this point or don’t provide the benefits needed for your condition, you’ll need to work with your lawyer.
When your doctor determines you won’t recover further, they’ll use the AMA Guide to the Evaluation of Permanent Impairment to rate your condition. You and your lawyer will use this rating to negotiate the benefits owed to you. In some cases, the insurer will try to dispute this rating, making it especially important to have a lawyer to help.
It can take years for some people to get to MMI. Insurers in these cases may try to settle beforehand to minimize the ongoing benefits they need to cover.
Work with a workers' comp lawyer in Massachusetts
A lawyer can help you get the highest payout possible from your workers' comp claim in all stages of the process. They’ll ensure that your employer and their insurer provide the benefits due to you.
If you have a workplace injury and need assistance, contact Atticus today. We can give free legal advice on the early stages of your case, and can connect you to a lawyer if you need one. Our services are always free.
Maximize your workers' comp benefits.
Frequently asked questions: workers’ comp in Massachusetts
How do I file a workers’ comp claim in Massachusetts?
Notify your employer of your injury as soon as possible. After a five-day waiting period, they should file a claim with their insurance company. If they don’t, you can also file Form 110 with the Department of Industrial Accidents (DIA). Learn more in our full guide to Massachusetts workers’ comp.
How much does workers’ comp pay in Massachusetts?
Workers’ comp payments in Massachusetts are worth up to 60% of your average weekly wages before your injury. In 2023, there’s also a minimum payment of $353.07 per week and a maximum payment of $1,765.34 per week. Learn more about how much workers’ comp pays in Massachusetts.
When does workers' comp start paying in Massachusetts?
There is a five-day waiting period before you’re eligible to receive workers’ comp payments and medical coverage in Massachusetts. Then your employer has seven days to file with their insurance. The insurance company must approve — and start payments — or deny your claim within 14 days of when your employer files your claim.
What should I do if my claim is denied?
According to the DIA, half of workers’ comp claims in Massachusetts are disputed or denied. If this happens, the DIA highly recommends getting a lawyer. A lawyer can help you fight for the medical benefits and payments you’re entitled to. Here’s more on what a workers’ comp lawyer does.
How long can I be on workers’ comp pay in Massachusetts?
Massachusetts workers’ comp benefits last for up to 156 weeks. Your payments will end sooner if you reach maximum medical improvement (MMI) and permanent benefits are available if you never fully recover. Our guide to how long benefits last in each state has more information.
Can I work on workers' comp in Massachusetts?
As long as you stay within your treating physician’s instructions, you can do light-duty or modified-duty work while on workers’ comp. There’s no strict limit on the number of hours you can work. Read more about working while on workers’ comp.
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Victoria Muñoz is an attorney on Atticus’s Workers' Compensation team. She’s a licensed attorney, a graduate of Stanford Law School, and has counseled hundreds of people seeking workers' compensation. In her free time, she enjoys hiking and spending time with her pup.
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