How to File a Workers’ Compensation Claim in Boston
After a workplace injury, you may be wondering what the steps are to filing a claim. While your human resources department can be a great way to learn more about the process and start filing paperwork, you may also want to familiarize yourself with the way claims are filed in Boston. Doing so can help you prepare for the process and fill out the accompanying paperwork appropriately.
Notify Your Employer of the Injury
The first step to take in filing a claim is to notify your employer in writing. You should include employee identification information and the details of the accident including the location, time, date, injury details, witness information, and what happened. Your employer should then provide you with the claims necessary to file for workers’ compensation.
Seek Medical Attention and Keep Records
You may be required to visit a preferred provider for your initial medical screening. You may also want to visit your personal provider for a second opinion after a workplace accident. Some preferred providers may unfairly be incentivized to change the diagnosis on your charts, which can affect your ability to secure fair compensation.
Employer’s First Report of Injury or Fatality – Form 101
This is the form that your employer will need to file with the state’s Department of Industrial Accidents as well as the company’s workers’ compensation insurance provider. The report must be filed within 7 days after the 5th day you are absent from work with an injury. In most cases, an employer will file a workers’ compensation claim on your behalf during the appropriate timeframe. Always ask for a copy of the report filing. If your employer does not file a report, you need to report your injury to the Department of Industrial Accidents with the following form.
Employee Claim – Form 110
Employee Claim – Form 110 is the universal form used in the state of Massachusetts, and it is important that you fill out as much of the information as possible. If you are unsure about any of the questions on the form, you can call a toll-free line at 1-800-323-3249, ext. 7470 during business hours to ask for help. This is also the form you would use if any initial claim was later denied by the insurance provider or if the claim settlement is unfair.
Form 110 will ask you information about the type of compensation you are seeking, supporting documentation, information about your injury, and other supporting details. You can have your attorney go over this form with you and sign it as well, which may be a good idea if you have any questions regarding the process. An attorney can also make sure that you are not leaving out supporting information that could lead the Department of Industrial Accidents to return the form to you.
You have four years to file a workers’ compensation claim from the time you are injured, learned that an illness was caused by the workplace, or if you are a survivor of a deceased employee.
Do You Need An Attorney?
You do not have to retain an attorney to submit a workers’ compensation claim, but you may want to. As with other processes, the claims process can meet many obstacles that prevent it from moving forward and getting you the compensation you deserve.
In addition to helping you negotiate settlement amounts and address any unfairness in the process, your attorney can expedite the process by pushing for your claim to be moved forward in the system and carrying out interviews on your behalf. If you do encounter a difficulty getting a fair amount of compensation, an attorney can also represent you in front of the workers’ compensation insurance company representatives and attorneys.