Workers’ compensation is a benefit used by states to compensate employees when they are injured at work. Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system.
You are entitled to file for workers compensation benefits, if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers must display the name and address of its Workers’ Compensation insurer and mandated policy information.
To qualify for workers’ comp benefits, you must have a work-related injury or illness causing disability for five full or partial calendar days. However, the days do not need to be consecutive. Injuries need to be reported to your employer, who is then required to file the Employer’s First Report of Injury or Fatality (Form 101) with the insurer.
In the event your employer does not send the Form to the insurer within 30 days of your injury, you need to report your injury in writing to the insurance company yourself. Keep documentation of when and how the injury occurred and all records related to the injury such as medical visits.
Employers or insurers do not dispute most injured worker claims, but, in the event your claim is disputed, having legal counsel to protect your rights and interests is highly recommended due to the complex nature of the workers’ compensation law.