A work injury can immediately turn your life upside down. Navigating the deadlines for filing a workers’ compensation claim can seem confusing and overwhelming when you’re already dealing with intense pain and coping with lost wages.
The Massachusetts workers’ compensation statute of limitations is intended to promote prompt resolution, prevent stale claims, and ensure evidence is still available. Getting started on your claim immediately allows you and your employer to investigate the accident while evidence and witness memories are still fresh, helping establish a clear connection between the incident and your injuries.
If you need help getting the benefits you deserve after a work injury, the trusted Boston workers’ compensation lawyers with Rob Levine Law are available 24/7 to take your calls and answer your questions. Contact us online or call (800) 742-3920 today to schedule a free consultation.
What Is the Statute of Limitations for a Workers’ Compensation Claim in MA?
The statute of limitations in Massachusetts for filing a formal workers’ compensation claim with your employer’s insurer or the Department of Industrial Accidents, or DIA, is four years. For injuries from an accident, the “clock” typically begins on the accident date. For example, a construction worker in Worcester who falls from scaffolding would have four years from the date of the fall to file a claim.
However, for conditions that arise over time, like repetitive stress injuries, the clock starts when you realize that your injury is linked to your job. For instance, a Lowell manufacturing worker who develops respiratory issues from toxic exposure at work would have four years to file a claim after the day they became aware their condition and job were connected.
The deadline is “tolled,” or paused, when the employer’s insurer accepts your claim and agrees to pay compensation or medical benefits for your injuries. Thus, if a dispute arises later—even more than four years after the injury date—you can still file a claim.
What Is the Deadline to Report a Work-Related Injury?
In addition to the four-year statute of limitations, Massachusetts law requires workers’ compensation claimants to report job-related injuries to their employer or the company’s insurer “as soon as practicable.” This means you must take action immediately after an accident to ensure your claim remains valid.
The notice to your employer must include the time, place, and cause of the injury. If you have been injured in an accident at work, take written notes of all these details and the names of any witnesses. Keep a copy of your observations after sharing them with your employer.
The longer you wait to take legal action, the harder it is to gather strong evidence—such as witness testimony and medical records—and link your injury to your job. Consulting a knowledgeable workers’ compensation attorney as soon as possible will give you the best chance of securing benefits.
If Denied, What Is the Deadline to Take Legal Action?
Your employer must submit a notification form to its workers’ compensation insurer within seven days of receiving notice of your injury, and the insurance company will have 14 days after to issue a decision. If the insurer sends you a Notice of Denial, known as Form 104, you will then have four years from the date you receive the letter to file a Form 110 claim with the DIA disputing the insurer’s denial.
You can also file a claim directly with the DIA if the insurance company waits longer than 14 days to make a decision. If your employer fails to notify its insurer within 30 days of the injury, you can also start the process yourself by sending the Form 110 to both the DIA and the insurance company.
What Happens After Filing a Massachusetts Workers’ Compensation Claim?
Within about two weeks of receiving your claim, the DIA will schedule a conciliation meeting. If both sides cannot agree on a settlement, the dispute resolution process will proceed to a conference, after which an administrative judge may issue a temporary ruling. Either party can appeal that order within 14 days and proceed to a full evidentiary hearing.
If you disagree with the administrative judge’s decision following the evidentiary hearing, you can also appeal to the DIA Reviewing Board within 30 days. To dispute a decision by the Reviewing Board, your only remaining recourse is to file a lawsuit with the Massachusetts Court of Appeals.
The appeal deadlines throughout the resolution process are absolute and provide very little time to take action after an unfavorable ruling. It’s crucial to have an experienced Massachusetts workers’ compensation lawyer on your side to ensure you meet all necessary deadlines.
Why Choose Rob Levine Law As Your Workers’ Compensation Advocate?
With over 25 years of experience assisting injury victims like you, the team at Rob Levine Law has a deep knowledge of Massachusetts workers’ compensation laws and a proven track record of successful representation.
Our skilled lawyers can guide you through a workers’ compensation claim, negotiating with insurers to maximize your benefits and navigating the complex appeals process if necessary. We’ll ensure you meet all relevant deadlines and advocate for your rights every step of the way, keeping stress off your shoulders so you can focus on healing.
With our Fee Free Guarantee®, you won’t pay us anything unless you successfully secure the benefits you deserve. Contact us online or call (800) 742-3920 today to schedule your free consultation with our trusted Massachusetts workers’ compensation attorneys.
