Workers’ compensation statutes protect injured workers in both Massachusetts and New Hampshire. They provide what should be a simpler, more amicable way for people hurt on the job to get medical care and replacement income while they’re unable to work due to their injuries.
For the process to work as intended, everyone has to do their part. That means the injured worker has to report the incident that caused the injury and the employer has to initiate the workers’ comp claim process. Both Massachusetts and New Hampshire have tight time limits for employers to start the process. In Massachusetts, it’s seven business days, while New Hampshire allows just five days.
But what if they just don’t do it?
Next Steps if Your Employer Won’t Act after an On-the-Job Injury
Imagine that you’re injured at work in Lowell and you make a report to your employer right away. The employer takes your report, but then nothing happens. Or, maybe they listen to what you have to say but don’t even take a formal report.
You’ve done your part, but your case isn’t moving forward.
You go to the doctor and they note that your injury happened at work. So, your medical insurance carrier doesn’t want to pay the bill. Instead, they send you a letter asking for more information about who might be responsible.
Maybe you need time off work due to your injury. Since your employer didn’t submit a workers’ comp claim so you could get temporary disability benefits, they’re using your PTO to cover that time. Or, worse, you’re out of PTO and you’re not getting paid.
Here’s what you can do if your employer isn’t acting:
- Gently remind your employer about the claim or ask about the status. Occasionally, not submitting the claim is an honest mistake or simply slipped through the cracks and is taking longer than it should have.
- Be prepared to politely respond with accurate information if your employer offers a reason they think they didn’t need to submit a claim. Some examples might include that they think the accident was your fault, or that you didn’t tell them right away when you were injured. Those are not excuses for not filing a claim (though they may ultimately affect your case).
- If your employer still doesn’t cooperate, you can initiate a claim on your own. In Massachusetts, you can start here. In New Hampshire, you can call the Workers’ Compensation Claims Department at the New Hampshire Department of Labor.
State Law Determines When a Workers’ Comp Claim Must be Filed
Your employer doesn’t get to make a judgment call about whether you have a valid claim. It is their responsibility to file a claim when you report an on-the-job injury. Employers who refuse to cooperate with the workers’ compensation process may face serious consequences.
Of course, your main concern is and should be getting the compensation you deserve. That may include medical care for your work-related injury and temporary or permanent disability benefits. Workers’ compensation law also provides for reassignment to lighter-duty work that can be completed with your medical restrictions or other accommodations such as shortened work hours, if your employer is able to offer that type of alternative work or schedule. In that case, you may receive partial benefits to help make up the difference in pay.
Talk to a Workers’ Compensation Lawyer
The steps above can help you get a workers’ compensation claim moving forward when your employer drags their feet or refuses to cooperate. But, that doesn’t mean your problems are over. An employer who believed (or claimed) you weren’t entitled to benefits may cause problems throughout the process.
Those problems may arise even if your employer filed the claim promptly. Workers’ compensation carriers–like any insurance carrier–are always looking for opportunities to save money. That means they may delay action on your claim, look for reasons to deny your claim, or offer lowball settlements hoping you won’t know you could be entitled to more or won’t understand when a settlement leaves you on the hook for your own future medical care.
To learn more about your rights and options after a work injury, schedule a free consultation with attorney Kevin P. Broderick. Just call 978-459-3085 or fill out the contact form on this site.