The Department of Industrial Accidents (DIA) administers the Massachusetts workers' compensation system and laws. The Office of Claims Administration of the DIA is where any case starts. At Pulgini & Norton, our experienced workers’ compensation attorneys can guide people in the Boston area through the process of filing a claim, from the time they notify the employer through any necessary appeals.
The Role of the Office of Claims AdministrationWorkers' compensation claims are established by filing forms as required under the law. The Office of Claims Administration has the responsibility for administering these forms and setting up the case.
For example, all employers are required to file an employer's first report of injury or fatality on a Form 101, within seven calendar days of receiving notice of an injury or illness that the employee says arose out of and in the course of employment, and that prevents the employee from earning full wages for five calendar days. If an employer fails to file the report or files it late, this is considered a violation. A fine of $100 for each violation is sent to an employer that commits a violation three or more times in a single year. The employer must pay or appeal within 30 calendar days of receiving notice of the fine, and an employer's failure to comply can escalate to a higher level.
Your employer is required to have a Notice to Employees poster displayed at the workplace, giving you information about its workers' compensation insurance. The employer is also required to give you a copy of the first report of injury or illness that it files with the DIA. This report will include the name and address of the insurer.
The Office of Claims Administration is where your initial workers' compensation case is established once the employer's report is filed. One unit of the Office of Claims Administration is Claims Processing Operations. This unit receives lost time reports that show that the employee was unable to work for five days, as well as insurance forms, claims, and liens. It also enters information into the case management database. The information on the forms needs to be accurate and filed electronically as needed. Once the case is established, a conciliation, which is the first stage of appealing an insurer's denial, may be scheduled. The office also sends injured employees information brochures.
Another unit of the Office of Claims Administration is the keeper of records office or records access officer. This unit responds to written requests for records, which are sent in compliance with the Massachusetts Public Records Law. Those records that are not public records or are exempt are withheld. The DIA is required to make available as it is able any public information that is frequently requested in an electronic format.
Explore Your Options with a Workplace Accident Attorney in BostonIf you are hurt on the job in Boston or the surrounding cities, you should consult a workplace accident lawyer to make sure your case proceeds as smoothly as possible. At Pulgini & Norton, we advise injured individuals in Hyde Park, Andover, Waltham, and other Massachusetts cities. Call us at 781-843-2200 or contact us via our online form for a free consultation.