Who is Eligible for Workers Comp in Massachusetts?
In Massachusetts, most employers are required to provide workers’ compensation benefits to their employees. Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job.
To be eligible for workers’ compensation benefits in Massachusetts, the following criteria must generally be met:
- The worker must be an employee: Independent contractors are generally not eligible for workers’ compensation benefits in Massachusetts.
- The injury or illness must be work-related: The injury or illness must have occurred while the employee was performing job-related duties, or must have been caused by job-related activities.
- The employer must have workers’ compensation insurance: In Massachusetts, most employers are required to carry workers’ compensation insurance. If an employer does not have insurance, they may be required to pay benefits out of pocket.
- The employee must notify their employer of the injury or illness: Employees are required to notify their employer of any work-related injuries or illnesses as soon as possible, but no later than 30 days after the injury or illness occurred.
- The employee must file a claim with the Massachusetts Department of Industrial Accidents (DIA): Employees must file a claim with the DIA within 4 years of the date of the injury or illness, or within 2 years of the last workers’ compensation payment, whichever is later.
How To File For Workers Comp in MA
If you have been injured or become ill as a result of your job in Massachusetts, you may be eligible for workers’ compensation benefits. Here are the steps to file for workers’ compensation in Massachusetts:
- Notify your employer: You should notify your employer of your injury or illness as soon as possible, but no later than 30 days after the injury or illness occurred.
- Seek medical treatment: You should seek medical treatment for your injury or illness as soon as possible. You may need to visit a doctor that is authorized by your employer’s workers’ compensation insurance carrier.
- Complete a claim form: You should complete a workers’ compensation claim form and submit it to your employer’s workers’ compensation insurance carrier. The form should include information about your injury or illness, your employment, and your medical treatment.
- Wait for a decision: After your claim form is submitted, the workers’ compensation insurance carrier will investigate your claim and determine whether you are eligible for benefits.
- Appeal a denial: If your claim is denied, you may be able to appeal the decision. You should consult with an experienced workers’ compensation attorney to determine your options for appeal.
It’s important to remember that the workers’ compensation process in Massachusetts can be complex, and it’s recommended that you seek the advice of an experienced attorney if you have questions or concerns about your claim. Additionally, you should keep detailed records of your injury or illness, your medical treatment, and your interactions with your employer and the workers’ compensation insurance carrier.
If you are unsure whether you are eligible for workers’ compensation benefits in Massachusetts, or if you need help filing a claim, you may want to consult with an experienced workers’ compensation attorney.