Workers Comp. Step-by-Step Guide

Injured at Work? We're Here to Help.

At Ackland Sports Medicine, we understand how overwhelming a workplace injury can be. From reporting your injury to navigating the Massachusetts workers' compensation process, we're here to support you every step of the way.

Whether you need immediate treatment, help gathering medical documentation, or guidance through your claim, our team of healthcare professionals and support staff are committed to helping you recover and get back on your feet—safely and confidently.

Worker Comp Step by Step

If you've sustained a workplace injury in the Boston, MA area, you may be eligible for workers' compensation benefits through the Massachusetts Department of Industrial Accidents (DIA). Here's a step-by-step guide to help you navigate the process:

1. Report the Injury to Your Employer

Notify your employer immediately about the injury. If the injury results in five or more full or partial days of lost work, your employer is required to file an Employer's First Report of Injury (Form 101) with their workers' compensation insurer and the DIA within seven days, excluding Sundays and legal holidays.

2. Seek Medical Attention

Obtain prompt medical treatment for your injury. Your employer may direct you to a specific healthcare provider for the initial visit, but you have the right to choose your own provider for subsequent care. Ensure that all medical visits and treatments are well-documented.

3. Understand the Insurer's Response

Upon receiving Form 101, the insurer has 14 days to investigate and decide whether to approve or deny your claim. If approved, you may begin receiving benefits. If denied, you will receive a Notification of Denial (Form 104), which outlines the reasons for denial.

4. File an Employee Claim (Form 110) if Necessary

If your claim is denied, or if your employer fails to file Form 101 within 30 days of your injury, you can file an Employee Claim (Form 110) with the DIA. Attach supporting documents such as medical reports, unpaid medical bills, accident reports, and witness statements. Submit the form and attachments in triplicate: one copy to the DIA, one to the insurer via certified mail, and one for your records.

5. Participate in the Dispute Resolution Process

If there's a dispute regarding your claim, the DIA offers a structured dispute resolution process:

• Conciliation: An informal meeting between you, the insurer, and a DIA conciliator to attempt resolution.
• Conference: If conciliation fails, a more formal proceeding before an administrative judge.
• Hearing: A formal legal proceeding where evidence is presented.
• Reviewing Board: If you disagree with the hearing decision, you can appeal to the Reviewing Board.

6. Explore Available Benefits

Depending on your situation, you may be entitled to various benefits:

• Temporary Total Incapacity Benefits: If you're unable to work for six or more days, you may receive 60% of your average weekly wage for up to 156 weeks.
• Temporary Partial Incapacity Benefits: If you can work but earn less due to your injury, you may receive up to 75% of your temporary total benefits for up to 260 weeks.
• Permanent and Total Incapacity Benefits: If you're permanently unable to work, you may receive 66% of your average weekly wage, along with potential cost-of-living adjustments.
• Medical Benefits: Coverage for reasonable and necessary medical expenses related to your injury.
• Vocational Rehabilitation: Assistance in returning to work through training and job placement services.

7. If Your Employer Lacks Insurance

If your employer does not have workers' compensation insurance, you can file a claim against the Workers' Compensation Trust Fund (WCTF). This process requires additional documentation, including a Certificate of No Insurance and an Affidavit of Employee (Form 170).

8. Seek Legal Assistance if Needed

While not mandatory, consulting with an attorney experienced in workers' compensation can be beneficial, especially if your claim is denied or disputed. Attorneys' fees are typically contingent upon the success of your claim.

Let Ackland Sports Medicine be your trusted partner through the workers' compensation process.