How to File for Workers’ Compensation in Massachusetts

Getting hurt at work turns your life upside down fast. You’re dealing with pain and doctor visits, and you may be missing paychecks too. Then come the forms. Our team at Jason Stone Injury Lawyers can walk you through each step of the Massachusetts workers’ comp process and help you keep track of the losses tied to your on-the-job injury.

You can hire a Boston workers’ compensation lawyer to help with paperwork. We’ll answer any questions you may have about your claim. We’ll take your side as part of our Stone Cold Guarantee. 

Call or fill out our online contact form to learn more.

How do You File a Massachusetts Workers’ Compensation Claim?

Filing a workers’ comp claim in Massachusetts takes a few steps. Here’s how it usually works.

1. Tell your employer about the injury. Report it to your supervisor or manager as soon as you can. The law requires notice to the employer or its insurer “as soon as practicable” after the injury (M.G.L. c. 152, §41). Ask for a copy of any accident report for your records.
2. Get medical care. See a doctor and tell them the injury happened at work. Your medical records often become some of the most important evidence in a comp claim.
3. Your employer reports the injury. If your injury keeps you from earning full wages for five or more calendar days, your employer must file Form 101 (Employer’s First Report of Injury) with the Department of Industrial Accidents (DIA), you, and its insurer. It has seven calendar days to do this, not counting Sundays and legal holidays, from when it gets notice of the injury (M.G.L. c. 152, §6).
4. The insurer pays or denies. The insurer then has 14 days from receiving the employer’s report, or your written claim, to either start weekly payments or send you a denial, called Form 104 (M.G.L. c. 152, §7).
5. You file your own claim if needed. If the insurer denies your claim, your employer never reports the injury, or your benefits stop, you can file an Employee Claim (Form 110) with the DIA.

Worried your boss will hold it against you? Massachusetts law says an employer can’t fire you, refuse to hire you, or discriminate against you because you used your workers’ comp rights (M.G.L. c. 152, §75B(2)).

How do You File a Claim with the DIA?

You file using Form 110, the Employee Claim. According to the DIA, you can file it after the insurer denies your claim, if your employer hasn’t filed a report, or once 30 or more calendar days have passed since your injury.

If you’re filing on your own, you can mail the completed form or bring it in person to the DIA’s Boston office at Lafayette City Center, 2 Avenue de Lafayette, Boston, MA 02111-1750. Keep a copy for yourself, and send a copy with the same attachments to your employer’s workers’ comp insurer (DIA Form 110 directions). Certified mail gives you proof it arrived. Once the DIA processes your claim, it usually schedules a conciliation meeting, often within a few weeks.

The form asks for details about your accident and your time off work, such as:

• The date your injury occurred 
• The first day you missed work
• The fifth day you missed at work 
• The date you went for treatment
• The time you’ll spend off work (if you have this information)

You’ll also describe the type and extent of your injuries, where you got medical care, and who your current doctor is. The form also asks which benefits you’re claiming and who your employer’s workers’ comp insurer is.

Do You Need Any Other Information?

Yes. The DIA rejects Employee Claim forms filed without the documentation required under 452 CMR 1.07, so you’ll need to attach supporting evidence. According to the DIA, that means at least one item, such as:

• Medical reports about your injuries
• Unpaid medical bills
• Accident reports
• Names of witnesses to the accident
• Witness statements

You may need the rest of your evidence later in the process, such as at conciliation. We can help you gather the records and documents that support your claim, so you can put more of your energy into getting better.

What Compensation do You Get with a Workers’ Compensation Claim?

Workers’ comp benefits may cover several kinds of losses after an on-the-job injury. What you can receive depends on your injury, your wages, and how long you’re unable to work.

Medical Expenses

Under M.G.L. c. 152, §30, the insurer must provide “adequate and reasonable health care services, and medicines if needed,” along with expenses necessarily incidental to that care. This can include doctor visits, hospital care, physical therapy, and prescriptions related to your work injury.

Lost Pay

If you can’t work at all for a while, temporary total disability benefits are generally 60% of your own average weekly wage before the injury. These benefits are capped at a state maximum and generally last up to 156 weeks. For injuries on or after October 1, 2026, the maximum weekly rate is $2,007.20 (DIA Circular Letter 364). If you can go back to work but earn less, partial disability benefits may apply under §35.

Wage benefits usually start after a short waiting period. You must be out of work for at least five calendar days to qualify. Payments generally begin on the sixth day. If you’re out 21 days or more, you may be paid back to the first day of your incapacity (M.G.L. c. 152, §29).

Disfigurement or Scarring from the Accident

Some workplace injuries leave lasting damage. Under M.G.L. c. 152, §36, you may receive a lump-sum payment for permanent loss of function of certain body parts, or for disfigurement. Disfigurement that’s purely scar-based generally qualifies only if it’s on your:

• Face
• Neck
• Hands

The amounts follow a formula set out in the statute. We can review your medical records with you and explain what may apply in your situation.

Other Potential Losses

Massachusetts workers’ comp may also provide vocational rehabilitation services to help you get back to suitable work.

If you lost a loved one in a workplace accident, the insurer must pay reasonable burial expenses up to a cap set by statute. A surviving spouse may also receive weekly dependency benefits of two-thirds of the employee’s average weekly wage, within state limits.

In some cases, someone other than your employer caused your injury. That could be a driver who hit you while you were working, or the maker of a defective machine. Massachusetts law lets you collect workers’ comp and still pursue a separate claim against that third party. We can look at what happened and tell you whether that may be an option.

How Long do You Have to File a Workers’ Compensation Claim?

Massachusetts generally gives you four years to file a workers’ comp claim. That clock starts on the date you first became aware that your condition was connected to your job (M.G.L. c. 152, §41). This matters for injuries that build up over time, like a repetitive stress injury from the same motion day after day.

Even so, don’t wait. The same law requires you to notify your employer or its insurer as soon as practicable. Waiting can slow your benefits down and give the insurer room to argue something else caused your injury. Every case has its own facts, so it helps to get answers early.

Speak to Us About Filing a Workers’ Compensation Claim

You don’t have to figure out the forms and deadlines on your own. Our team at Jason Stone Injury Lawyers can explain how filing for workers’ compensation in Massachusetts works for your situation, help you with the paperwork, and talk through your options if the insurer pushes back. We have offices in Boston, Fall River, Natick, Norwood, Peabody,  and Plymouth.

You can complete our online contact form or call to begin the legal process with a a free, no-obligation consultation. Under our Stone Cold Guarantee, we’ll get back to you within 24 hours.