Don’t Sign The Form 105 If You Are Receiving Massachusetts Workers Compensation Benefits
If you were injured in a workers compensation accident in Massachusetts there are certain things to do, and not to do. One of the most important things not to do is sign the Form 105 form the workers compensation insurance company sends you. As a Massachusetts workmans compensation lawyer, I see too many people sign this form to their detriment.
If you are out-of-work and receiving workers comp checks the insurance adjuster probably sounds like he/she really cares about you. The reality is very different. Part of the adjuster’s job is to get you to sign the Form 105. The reason is because this Form helps the workers compensation company, and that puts you at a disadvantage. Once you sign it, and the adjuster signs it, it is then sent to the Massachusetts Department of Industrial Accidents for approval. Once the Court signs it, it is effective.
The insurance company can start paying you “without prejudice” for the first 180 days following your accident. They can also stop paying you at anytime during this period for any reason, without getting a judge’s approval. They want you to sign the Form 105 in order to extend this 180 period by another 180 days. That way they get an extension of time to pay you, and eventually can stop paying you without having to get a judge’s approval during this time period. Therefore, if you receive one of these forms, put it in the trash. The last thing you want to do is to hurt your own workers compensation case.
It is very important to always remember the insurance adjuster’s job is to minimize your benefits as much as possible, as soon as possible. Contact Massachusetts workmans compensation lawyer Christopher Earley if you are receiving workmans comp checks and are unsure of how to best protect yourself.