Claims Kit

    Massachusetts

    State Compliance Information

    Reporting of Claim by Employer

    Reporting of Claim by Employer Chapter 152: Section 6

    Massachusetts Form 101 - Employer's First Report of Injury or Fatality must be filed within 7 calendar days, not including Sundays and legal holidays, of receipt of notice of any injury alleged to have arisen out of and in the course of employment, which totally or partially incapacitates an employee for a period of 5 or more calendar days from earning wages. 

    All FROIs are submitted to DIA electronically.

    Physician Selection

    Physician Selection 152 Section 30, 152 Section 45

    Except for the employee’s first scheduled appointment, which an employer may require to be with a health provider within their preferred provider arrangement, the worker has the right to choose their own healthcare professional for treatment and to change this professional once. When referred by the treating health care professional to another provider in a particular specialty, the employee may also change once to a different provider in that specialty. In cases of emergency or where the insurer or administrative judge agrees, the employee may seek treatment from additional providers

    An employer may request from time to time that an employee submit to an examination during the continuance of his disability

    Posting Requirements

    Posting Requirements 152 Sections 21, 22

    Employers doing business in Massachusetts are required to post a notice in their workplace, with the name of their workers' compensation insurance carrier. The employer must also indicate the policy number, the effective dates of the policy as well as a contact information on the poster.

    The notice must be completed in its entirety, indicating the insurance carrier, the address, policy number and a contact person to whom injuries or incidents should be reported. This is all public information, and must be readily available to any person who needs it. Failure to provide the information to the employee is a violation of the law, and the employer is subject to a fine. There is also an optional space on this notice to list a designated health care provider for initial treatment following an injury.

    Poster - Notice to Employees

    Penalties for Late Reporting

    Penalties for Late Reporting Chapter 152: Section 6

    Any person who violates the provision of this section three or more times in any year will incur a fine of one hundred dollars ($100) for each violation. Each failure to pay a fine within thirty days of receipt of a bill from the department will be considered a separate violation.

    Injured Worker Guide

    The worker's compensation system can be complicated, and each state has its own laws regarding workers' compensation. 

    The information contained in your state's guide provides a general guide for workers injured or made ill on the job.

    This state-issued publication will assist you in navigating the workers' compensation system and serve as a resource for basic legal rights as well as steps to take to initiate workers' compensation benefits, deadlines and who to contact for additional assistance.

    If you have questions about the workers' compensation process, this guide will provide the contact information for the regulatory agency for your state. In addition, many states have an ombudsman to oversee and assist all interested parties in the workers' compensation system.

    Publications

    Injured Workers' Guide

    Massachusetts

    State Compliance Information