How Long Does An Injury At Work Claim Take?

Workers Comp Claims Process

The workers' compensation system is meant to provide temporary, no-fault benefits to injured workers. Most states have enacted legislation providing such benefits, including Massachusetts. However, the state's laws are far from perfect and the process can be confusing for employers.

One common source of confusion is the "injury date" — the date by which a worker must file his or her first claim with the insurer. This is typically the date of the injury. However, there are situations in which an employer has a legal obligation to pay workers' compensation benefits before the date of the injury, even if the employer isn't aware of the injury at the time. For example, if a worker suffers a workplace injury on company property, an employer is required to pay benefits even if the employer had no knowledge of the injury.

Injured workers often think they are entitled to benefits immediately. In fact, under Massachusetts law, a worker must wait a certain period of time — usually 28 days, or two weeks — before he or she can make a claim for benefits. This waiting period is intended to give employers a chance to investigate the situation, and it can give an employer time to file a timely notice of controversion, which would force the worker to prove that the injury occurred while at work.

For example, let's say a worker suffers an injury on company property during lunchtime on Monday. If the worker files a claim with the insurer on Wednesday, the injury would not be considered eligible for benefits until the following Friday. Similarly, if the employer files a controversion on Friday, the injury would not be eligible for benefits until the following Wednesday.

If an employer fails to provide benefits in accordance with state law, a worker can make a claim against the employer for damages. The amount of the award can be calculated based on the difference between the amount of benefits actually provided by the employer and the maximum benefits available to the worker. The award can also include any medical expenses that are associated with the injury.

While the amount of the award is often based on the difference between the actual and the maximum benefits, the court can consider additional factors, such as the seriousness of the injury, the reasonableness of the employer's investigation, and the degree to which the employer acted in good faith. A claim can be brought against an employer who failed to provide benefits if the employer knew of the injury or should have known of the injury.

The state's workers' compensation system is complex, and employers should consult with a lawyer to find out how to best handle their workers' compensation claims.

What Qualifies As A Workplace Injury?

Workplace injuries are common. You probably know someone who has been injured on the job. But what exactly constitutes an “injury”?

In the United States, workplace injuries are categorized according to the federal Occupational Safety and Health Administration (OSHA), which has rules governing such things as workplace safety and worker protection.

However, it’s possible to be injured on the job without being given an official diagnosis of “workplace injury.” For example, someone could sustain an injury during a work-related activity, but not seek medical attention for it until months or even years later.

According to the National Institute for Occupational Safety and Health (NIOSH), it can take up to a month after a workplace injury for a person to realize they are hurt. This is why it’s important to seek medical attention after a workplace injury, or even a potential workplace injury, even if you don’t feel injured right away.

What constitutes an injury depends on the situation, and may include a wide range of conditions.

In many cases, the only way to know whether someone was injured at work is to ask them. But in some situations, the answer may be clear, even without asking. For example, if you feel pain in your body, especially in your joints, you may have experienced a workplace injury.

If you don’t think you were injured on the job, but you still want to know, you may want to contact your employer to find out. If you feel unsafe about talking to your employer, you can always call a workers’ compensation attorney to help.