What is workers' compensation?
The Massachusetts Workers' Compensation system is in place to make sure that workers are protected by insurance, if they are injured on the job or contract a work-related illness.
Under this system, employers are required by Massachusetts law to provide workers' compensation (WC) insurance coverage to all their employees. This insurance pays for any necessary medical treatment related to the injury, and also pays partial compensation for lost wages, after the first five days of disability. By having this insurance, your employer is protected from being sued by you because of the injury. You may, however, sue a third party, in a civil suit.
If your claim is contested by the insurer, or if you do not get all the benefits you feel entitled to, or you if have other problems getting your workers' compensation benefits, the Department of Industrial Accidents (DIA) can help you.
This booklet will briefly describe what to expect if you are injured on the job. It will tell you what your responsibilities are and what the responsibilities of your employer and its insurance company are.
What we do
The DIA is primarily an alternative court system, tasked with resolving disputed WC insurance claims. Our public information personnel can answer your questions about workers' compensation benefits and let you know the correct procedures to follow to receive these benefits.
It is important that you keep any documents your employer or its insurer sends you, and copies of any forms they have you fill out for them. If you call our information line please have these forms available, along with a pen or pencil and some notepaper. It would also be helpful to write out your questions in advance, so you don't forget to ask any questions you might have.
This booklet briefly explains your rights and responsibilities under the Massachusetts workers' compensation law. After you read it carefully, you should have a basic understanding of how our system works.
The Massachusetts workers' compensation law does not require the continuation of most fringe benefits, including health insurance. Talk to your personnel office about how your injury will affect your health insurance and such policies as the earning of sick and vacation time. These issues are not within the jurisdiction of the Department of Industrial Accidents. The MA workers' compensation law also does not require your employer to hold your job open, if they need to replace you while you are out. However, once you are able to return to work, Sec. 75A of the law requires your employer to give you preference in re-hiring, if a suitable job is available. See our web site for more information.
Please keep any and all records of your injury because you may need them if you become eligible to collect retirement, and/or Social Security benefits.
Important: The DIA has many 'numbered forms' that we require employers and insurers to use to keep you informed of actions they are taking on your claim. The DIA's phone number is on these forms, but if you have questions about the information on these forms, call the Insurance Company's Claims Representative - not the DIA!