Filing a workers compensation claim can be anything but simple. Having to deal with forms, dates, doctor visits, and insurance companies can almost be even more of a pain than what you’re already experiencing. Here are a few fast facts from the Massachusetts Labor and Workforce Development website that you should know when dealing with a workers’ comp claim:
It can take up to 28 days for your employer’s insurance company to get a check to you for your injuries.
If your employer’s insurance company requests to send you to one of their doctors for evaluation (even if you’ve already seen your primary care physician), you do have to keep that appointment or risk the insurance policy being terminated.
If you were injured on the job after December 12, 1985, and your employer does not have workers’ comp insurance, you have the right to sue your employer in a civil suit, and to sue the Worker’s Compensation Trust Fund. If you were injured before this date, you may only sue your employer.
If you were injured on the job, but was out-of-state while doing that job, you have the choice of filing a claim in either state.
If you try to resume working after having received workers’ comp benefits, and liability has been established in your claim, you have up to 28 calendar days to see if you’ll be able to continue working at that time. If you have to leave that job again due to your injury, the insurance company will need to be notified, and your benefits will resume.
If the Department of Industrial Accidents determines that the insurance company is late with sending your benefits, or has not contested your claim in a timely fashion, the insurance company can be fined up to $200, which would be paid to you.
If you have questions about filing a workers’ compensation claim in Massachusetts, please contact our office. Our attorneys will provide you with a free evaluation of your case and can talk with you about what options may be best given your current situation.