What Happens After An Accident At Work?
For many people that experience an on-the-job injury, the process can be very confusing. Suddenly you are going to medical appointments, missing work, dealing with insurance companies, as well as dealing with your painful injuries. Here is some general workers compensation information you likely will need as you go through this process.
The Reporting Stage
If you miss at least five days from work your employer must file a Form 101, First Report of Injury. Keep in mind the five missed work days do not need to be consecutive days.
The employer then has seven days to file this report. The form is sent to the employer’s workers comp insurance company.
Upon receipt of the Form 101, the insurance company has 14 days to either pay for the benefits claimed, or to deny it. Keep in mind many claims are denied at this stage. If they are denied, a Form 110 is filed to contest this denial.
The Medical Treatment Stage
During this part of the process you are actively going to doctors and therapy. Keep in mind you can go to whichever doctor you choose to go to. The only time you need to go to the workers comp insurance company’s doctor is for an Independent Medical Exam.
The insurance company is only required to pay board rates for approved medical treatment that has gone through the process of utilization review.
The Court Stage
When either the employee or insurance company contest any aspect of workers comp benefits claimed by the injured worker, the Department of Industrial Accidents is where a claim is filed.
This court does not have juries. Also, this is not a court where lawsuits are filed. Rather, this is an administration law court that strictly handles claims for benefits filed by injured workers, and claims contested by insurance companies.
This court is composed of conciliators and judges who screen these cases, attempt to resolve them, and when necessary, decide which, if any, benefits the injured employee is entitled to.
A Massachusetts Workers Compensation Attorney
If you are going through this process alone and feel it is time to consult with an attorney, I encourage you to call us at 617 338 7400 for your free, no-obligation consultation. The Law Office of Christopher Earley is here to help you with your case.