Filing a Workers' Comp Claim in Massachusetts

Written notice of the injury must be given to the insurer or the employer "as soon as practicable" after it happens. The notice should state, in ordinary language, the time, place and cause of the injury and be signed by the injured worker (or someone on the worker's behalf). Lack of notice does not bar a claim if the insurer, employer or its agent knew about the injury, or if the insurer was not harmed by the lack of notice.

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.

A claim must be in writing, state the date, place, cause and nature of the injury, and be filed with the Department of Industrial Accidents and sent to the insurer on the department's form, listing the benefits claimed. A claim for weekly benefits is not accepted unless it comes with the insurer's denial notice or at least 30 days have passed since the disability began. The department's conciliation unit first tries to resolve the claim informally.

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.