Thursday, July 25, 2013 - 08:14 | Author: JedB9 | Comments (3)
I work in Massachusetts in a distribution center where we sometimes have to manually move large boxes and crates. I dropped one on my foot and have missed work for a few days and don't know when I can go back (broken bones and ligament damage). So how do I start this process for workers compensation if I don't even know who my employer had as an insurance company? Thanks for any help you can give me.
Starting workers' compensation claim in MA
Sorry about your injury. Assuming your employer is aware of your injury and that you are unable to earn full wages for at least five (full or part) work days, it should start with the employer reporting the injury to its insurance company and to the MA Department of Industrial Accidents. By law in MA, you are entitled to a copy of this report, and it will contain the name and address of your employer's insurer.
If your injury is serious and you anticipate missing more time at work, I would contact an attorney in Massachusetts who does workers' compensation work. He or she can help you evaluate your options and deal with the insurance company. If you are doing it on your own and your employer is not providing you with necessary information, you can try calling the DIA at 617-626-5480 or 617-626-5481.
FYI, MA law requires employers to have a Notice to Employees poster located in a conspicuous spot that provides information about the insurer. Also, the DIA has a "Workers' Compensation Proof of Coverage and Verification Search" tool on their site that allows employees to search for workers' compensation insurance coverage. Good luck.
Starting a MA WC claim
As mention by the editor, your employer should file a First Report of Injury within 5 business days of your notifying them that you are going to by out at least 5 days. Once that happens the insurer has 14 days to pay or deny the claim. Don't rely on your employer doing what it is supposed to. You can contact them and ask for the WC Ins. information. Or you can consult an attorney who does WC claims.
It is important that the WC insurer gets medical documentation immediately. What I find is that they seldom do much investigation during the 14 day period and then they just deny the claim for lack of documentation. There are no real penalties for them denying the claim and you then have to file a claim with the Department of Industrial Accidents. Filing a claim will take 3 to 6 months before you get before a Judge who can then order that the WC Insurer pay benefits. Most people cannot go that long without income coming in. The insurer is essentially trying to starve you back to work as soon as possible.
If you have questions please feel free to call me to discuss this further. My number is 978-654-6670. Ask for Jeff.
Attorney Jeff Young
Hire a legal adviser for your
Hire a legal adviser for your compensation claim. A professional will best help you in this case.