Question 1

How long do you have to appeal a denied workers' comp claim in Massachusetts?

Accepted Answer

A claim for benefits is filed with the Department of Industrial Accidents and the insurer; a weekly compensation claim is accepted only with the insurer's denial notice or after 30 days from the onset of disability. After a conference, a party unhappy with the administrative judge's order has 14 days to appeal for a full hearing. A party unhappy with the judge's decision after the hearing has 30 days from its filing to appeal to the Reviewing Board, with a fee of 30% of the state average weekly wage (waivable for indigent claimants); late appeals may be allowed within one year for reasonable cause.

Question 2

How do you appeal a denied workers' comp claim in Massachusetts?

Accepted Answer

If conciliation does not resolve the dispute, the case goes to an administrative judge for a conference, after which the judge issues a written order. Any party may appeal that order within 14 days for a full hearing before the administrative judge. A party unhappy with the hearing decision may appeal to the department's reviewing board within 30 days; the appeal requires a fee of 30% of the state average weekly wage, which may be waived for indigent workers. The reviewing board reverses only if the decision was beyond the judge's authority, arbitrary or capricious, or contrary to law.

Question 3

What is the deadline to file a workers' comp claim in Massachusetts?

Accepted Answer

A claim for compensation must be filed within four years from the date the worker first became aware that the disability was caused by the job. For a death, the claim must be made within four years after the death. Paying compensation or filing a claim stops the clock for other benefits for the same injury.

Deadline to challenge a denial	A claim for benefits is filed with the Department of Industrial Accidents and the insurer; a weekly compensation claim is accepted only with the insurer's denial notice or after 30 days from the onset of disability. After a conference, a party unhappy with the administrative judge's order has 14 days to appeal for a full hearing. A party unhappy with the judge's decision after the hearing has 30 days from its filing to appeal to the Reviewing Board, with a fee of 30% of the state average weekly wage (waivable for indigent claimants); late appeals may be allowed within one year for reasonable cause. §10: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section10 ; §10A: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section10A Source: G.L. c. 152, §§10(1), 10A(3), 11C
Appealing a denial	If conciliation does not resolve the dispute, the case goes to an administrative judge for a conference, after which the judge issues a written order. Any party may appeal that order within 14 days for a full hearing before the administrative judge. A party unhappy with the hearing decision may appeal to the department's reviewing board within 30 days; the appeal requires a fee of 30% of the state average weekly wage, which may be waived for indigent workers. The reviewing board reverses only if the decision was beyond the judge's authority, arbitrary or capricious, or contrary to law. Source: M.G.L. c. 152, §§ 10A, 11, 11C
Deadline to file a claim	A claim for compensation must be filed within four years from the date the worker first became aware that the disability was caused by the job. For a death, the claim must be made within four years after the death. Paying compensation or filing a claim stops the clock for other benefits for the same injury. Source: M.G.L. c. 152, § 41

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