File a Claim for Lost Wages in Boston
Do You Have A Claim For Lost Wages in Massachusetts?
Workers’ Compensation claims are intended to compensate an employee injured on the job for lost wages and medical expenses. Lost wages can include money for time lost at work while recovering from a temporary disability as well as future earnings that an employee will no longer be able to earn due to his or her workplace injury. If you are entitled to lost wages, trust our experienced workers’ compensation attorneys in Boston to help you recover these assets.
When Should I File a Claim for Workers’ Compensation Lost Wages?
The Executive Office of Labor and Workforce Development (EOLWD) within the Commonwealth of Massachusetts states that an employee who suffers a work-related injury or illness resulting in the employee missing at least five full or partial days of work must have their employer complete an Employer’s First Report of Injury or Fatality form (also known as Form 101). Additionally, they must also have one copy filed with Department of Industrial Accidents (DIA), one copy with employer’s workers’ compensation insurance provider, and one copy given to the injured worker. The form must be properly filed within seven days of the fifth day of lost work due to an on-the-job injury or illness. Upon completion, the workers’ compensation insurance carrier is then given 14 days to determine whether or not it will pay the claim.
If your employer fails to send Form 101 to the insurance company within 30 calendar days from your injury report, you should report the injury claim to the insurance company yourself or complete another form provided by DIA.
If you are unsure where to send your claim, check your workplace, as Massachusetts’s law requires all employers to display a poster containing the name and address of the insurance carrier at your workplace.
If you determine that your employer is not carrying workers’ compensation insurance, which would be a violation of state law, your attorney can discuss with you a state fund, which was designed to compensate victims of workplace injuries when an employer is non-compliant.
How Long Does It Take to First Receive Benefits?
Under Massachusetts’s law, if your employer approves the claim, you should start receiving benefits within four weeks of submitting the claim. It is important to note that unless you are disabled for more than three weeks, you are not entitled to compensation for the first five days of lost wages.
What Does “Pay-Without-Prejudice” Mean?
For the first six months following your injury, benefits are classified as “Pay-Without-Prejudice.” This means that your employer is not required to make a final determination on your case, and payment for this period does not mean they have accepted liability. In fact, the insurance provider may reduce your benefits or discontinue benefits by filing a form provided by DIA, as long as you are given seven days’ notice.
If your insurance company denies your claim, you have a right to appeal this denial, but you must act fast. DIA and EOLWD both strongly recommend you obtain legal representation prior to filling out an appeal form. With an experienced workers’ compensation attorney by your side, you will be more likely to receive a full workers’ compensation award.
The Attorney Injury Group will fight aggressively to protect your rights. If you or a loved one have experienced a loss of wages call the experienced Boston workers’ compensation attorneys at the Attorney Injury Group for help. Call us today at 617-934-7000 for a FREE, confidential consultation. When you call our experienced Massachusetts personal injury lawyers, we will investigate every detail of your accident at no cost to you.
At the Attorney Injury Group, you will never pay an attorney’s fee up front and we don’t get paid until you do. Call today to learn how we may be able to help.
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