1. When I am injured on the job, how long until the insurance company starts sending me checks?
When you have been unable to earn full wages for five days due to your injury on the job, your employer has seven days from the fifth day of loss, not including Sundays and legal holidays, to report your injury to the insurance company. Once the insurance company is notified, they have fourteen days to send you a check or a form with the reasons that it is contesting your claim and denying compensation. An injured employee may file an Employee Claim (Form 110) with the insurance company at any time after injury, but the Department of Industrial Accidents (DIA) can’t accept it until thirty days have passed since the injury or the Form 110 is accompanied by an Insurer’s Notification of Denial (Form 104).
2. How do I find out the name of my employer’s workers’ compensation insurance company?
Ask your employer for this information. It is required by law that a Notice to Employees poster be displayed somewhere in the workplace that displays this information. Also, if your employer has filed a report with the insurance company, you should be given a copy and that will contain the name and address of the insurance company. You can also search for the name of the insurer on the DIA website by using the “Workers’ Compensation Proof of Coverage and Verification Search”.
3. If I need to go to the hospital for treatment for my injury, does my employer need to pay me for the entire day that I got injured?
Under Massachusetts state law, your employer only needs to pay you for the hours that you actually worked. However, if your employer only pays you for the hours that you worked on the day that you were injured, then that constitutes as your first day of disability. If you receive payment for the entire day, then your next day will be considered your first day of disability.
4. The insurance company sent me a notice that their doctor is going to examine me. Is it required that I go, and do they have to reimburse me for lost wages?
Yes, you must attend the medical evaluation scheduled at the insurer’s request or your benefits can be terminated. You are only compensated for the time that you are at the doctor if it conflicts with your normally scheduled working hours.
5. After I am injured, how long do I have to file a claim?
Under MGL c. 152 § 41, a claim must be filed within four years of the date that the employee discovers the causal relationship between their disability and their employment, and in the case of the death the claim must be filed within four years of the death of the employee. If the insurer sends you a Form 104, Notification of Denial, then you have four years from the date that you receive it to appeal the denial.
Pulgini & Norton, LLP attorneys have handled workers’ compensation claims for over 25 years in and around Boston and its surrounding areas. If you or a family member has been injured at work and would like to seek legal assistance, please contact us at (781) 843-2200 or (888) 344-2046 or email us.