If you have been injured on the job, the moments, hours, and days following your accident are critical. The steps you take – and the mistakes you avoid – can directly affect your ability to receive the workers’ compensation benefits you are legally entitled to under Massachusetts law. Unfortunately, many injured workers unknowingly make small errors early on that later create unnecessary complications with their claim. Understanding what to do immediately after a workplace injury can make a significant difference in protecting both your health and your legal rights.
This guide explains exactly what you should do to protect yourself and your claim after a workplace accident in Massachusetts. From reporting the injury to your employer, to seeking medical care, to documenting the details of what happened, taking the right steps early can help ensure your claim proceeds as smoothly as possible. As a Massachusetts workers’ compensation attorney, I regularly speak with injured workers who are unsure about what to do next. The information below is intended to help you take the right actions from the very beginning.
Step 1: Report Your Injury to Your Employer Immediately
Under Massachusetts law (M.G.L. c. 152), you are required to notify your employer of your injury as soon as reasonably possible. Do not wait. Many injured workers make the mistake of delaying their report because they hope the pain will go away or because they fear retaliation from their employer. Delay, however, can be used against you by the insurance company.
Your notice should include:
- The date, time, and location of the injury
- A description of how the injury occurred
- The body parts affected
If possible, provide this notice in writing and keep a copy for your records. Even if you give verbal notice, follow up in writing via email or text message to create a documented record.
Step 2: Seek Medical Treatment Promptly
Your health is the priority. Seek medical attention as soon as possible after a workplace injury. If your injury is a medical emergency, call 911 or go directly to the nearest emergency room.
For non-emergency injuries, you should see a physician as soon as possible. Under Massachusetts workers’ compensation law, your employer’s insurance carrier has the right to send you to their own designated physician for an initial evaluation. However, after that initial visit, you generally have the right to seek treatment with a physician of your own choosing.
When you receive medical treatment, be thorough and accurate when describing your symptoms and how the injury occurred. Do not minimize your pain or omit details. The medical record created at your first appointment will follow your case for its entire duration.
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Important Tip: Make sure you tell the doctor your injuries were from a workplace accident or occurred on the job. Never tell a doctor you are “fine” or “feeling better” if you are still in pain. Be honest and thorough at every appointment. Incomplete medical records are one of the primary tools insurance companies use to reduce or deny your benefits. |
Step 3: File a Workers’ Compensation Claim
Your employer is required by law to file a First Report of Injury with the Department of Industrial Accidents (DIA) and their workers’ compensation insurance carrier when you report a workplace injury that results in five or more days of missed work. You should confirm that this report has been filed.
If you are disputing a denial or seeking additional benefits, you may need to file your own claim with the DIA. The process involves:
- Filing a Form 110 (Employee Claim) with the appropriate DIA office
- Attending a conciliation with a DIA conciliator
- If unresolved, proceeding to a conference before an Administrative Judge
- If still unresolved, proceeding to a formal hearing
There are strict deadlines in Massachusetts workers’ compensation law. Claims for compensation must generally be filed within four years of the date of injury or the date the employee knew or should have known the injury was work-related. Do not let time run out on your claim.
Step 4: Document Everything
From the very beginning, keep organized records of everything related to your injury and your claim. This includes:
- All medical records, bills, and receipts
- Copies of all correspondence with your employer and the insurance company
- A written account of how the injury occurred and any witnesses present
- A log of your symptoms, limitations, and how the injury affects your daily life
- Records of all lost wages and any other out-of-pocket expenses
This documentation will be invaluable if the insurance company disputes your claim or tries to reduce your benefits.
Step 5: Be Careful What You Say and Do
Once your claim is filed, the insurance company will begin investigating. Insurance adjusters are trained to minimize claim payouts. Be aware of the following:
- Do not give a recorded statement to the insurance company without first consulting an attorney. You are not required to do so.
- Be mindful of your social media activity. Photos or posts that appear to show physical activity inconsistent with your reported injury will be used against you.
- Follow all medical advice and attend every appointment. Missing appointments or failing to follow a treatment plan gives the insurer grounds to reduce or terminate your benefits.
Step 6: Consult a Workers’ Compensation Attorney
Navigating the Massachusetts workers’ compensation system can be challenging, particularly while you are trying to focus on your recovery. Many injured workers are unfamiliar with the legal requirements, deadlines, and procedures involved in securing the benefits they deserve. You do not have to face this process alone. An experienced workers’ compensation attorney can guide you through each stage of your claim, help you understand your rights under Massachusetts law, and ensure that important deadlines and filings are handled properly.
A knowledgeable attorney can also communicate and negotiate directly with the insurance company on your behalf, helping to protect your interests and avoid common pitfalls that can delay or jeopardize your benefits. If your claim requires formal proceedings, your attorney can represent you before the DIA and advocate for the compensation you are entitled to receive.
Massachusetts workers’ compensation attorney Chuck Pappas represents injured workers throughout the Commonwealth. He regularly appears before the DIA at offices in Boston, Worcester, Lawrence, Fall River, and Springfield, providing experienced representation to clients across Massachusetts.
Attorney Pappas handles workers’ compensation cases on a contingent fee basis. This means there is no upfront cost and no retainer required. You pay nothing unless he is successful in recovering benefits on your behalf, allowing you to pursue your claim without financial risk.
We understand that being hurt on the job can be extremely stressful. After a serious injury, you may not only be losing time at work and your paycheck, but you may require extensive medical treatment which can be costly. You are probably concerned about how you are going to provide for yourself and your family and how you are going to cover the cost and expense of your treatment. These are completely valid concerns. Injured workers in these positions need the help of an experienced Massachusetts workers’ compensation attorney.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.