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Workers’ Compensation Notice of Claim

Perhaps the single biggest obstacle, which an injured worker encounters when filing a workers’ compensation claim, is an alleged failure to report the claim. While the Massachusetts Workers’ Compensation Act requires an injured worker to give notice as soon as practicable after an injury, and to file a claim within 4 years of the time when one knows or should know that he or she has suffered an injury caused by employment, technical compliance with the law is not the real problem. Rarely does one wait too long to file a claim. The problem that arises is a failure to report an accident on the day it occurs. The best way to understand this problem may be by way of the following example.

It is late in the day on Friday when John feels pain in his low back when lifts a heavy box at work. Rather than tell his supervisor, he assumes the pain will go away over the weekend, and chooses not to make a big deal out of it. Saturday morning John wakes up and has such bad back pain that he needs help to get out of bed. He goes the local emergency room and is told that he should not work until he seeks a neurologist or orthopedic surgeon.

John follows this advice, and calls work on Monday to inform his supervisor that he cannot work because he hurt his back the preceding Friday at work. Before John has a chance to explain what happened, the supervisor asks him what he did over the weekend to injure himself. The insurer then adopts the supervisor’s statement, and uses it to argue that the employee injured himself at home, and not at work.

The lesson to be learned form this example is that one should report all injuries no matter how minor they appear to be. In most instances, the effects of a minor injury are gone within a few days. However, if what seems to be relatively minor takes a turn for the worst, a difficult situation can be made easier if it has been reported.

Many companies have policies for reporting on the job injuries. These should be followed. Often times the reporting requirement involves the completion of a form. Follow the company policy, and it may help you to avoid a problem down the road. Additionally, the completion of such a form most likely serves to satisfy the notice requirements under the Workers’ Compensation Act if the information requested in the company form includes the identity of person who has been injured, and gives the time, place and cause of the injury.

Failure to give notice does not prevent the successful filing of a claim. The filing of a claim with the Department of Industrial Accidents, in many instances, satisfies the statutory notice requirements if the claim is filed in a timely manner. The safest course of action in all instances, however, is to follow company policy and report all accidents. If your employer or its insurer tells you your claim is barred because you failed to provide notice, do not accept that statement as true. Seek legal advice as soon as possible.

Speak with a Massachusetts Workers’ Compensation Lawyer

To speak with a highly experienced workers’ compensation lawyer, click here, or telephone Parker Scheer LLP seven days a week, toll free at 886-414-0400. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.

Related Massachusetts Workers’ Compensation Articles

Massachusetts Workers’ Compensation – FAQs

Massachusetts Premier Workers’ Compensation Lawyers

Other Massachusetts Workers’ Compensation Resources

Massachusetts Workers’ Compensation Act

Massachusetts Department of Industrial Accidents

Injured Worker’s Guide (Publication of Mass. Department of Labor)

The Workers’ Compensation Rating and Inspection Bureau

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Testimonials

I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer we (...)

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Boston, MA
 

I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. (...)

A.Q.
Boston, MA
 

Eric Parker personally handled the case for our family. It was handled in an extremely professional manner. Everything was explained to us in ad (...)

O.W.
Boston, MA
 

Eric Parker personally handled the case for our family. It was handled in an extremely professional manner. Everything was explained to us in ad (...)

D.A.
Boston, MA
 

I have worked with Christa several times in many situations. She is articulate, educated and resourceful! She is compassionate and can look be (...)

Tina Bee
 

Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I w (...)

Andrea Koller
 

Eric Parker and everyone in his law firm made me feel completely safe during this entire process. I had complete trust in the way my accident c (...)

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior (...)

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ney Tofani has handled many high profile criminal cases. Most recently, I needed his professional services. From the moment I first called him, (...)

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Out of State OUI – My license was suspended because of a DUI I got while in Florida for school. After moving back to Massachuetts I found the pr (...)

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“A good man, who genuinely cares about his clients.”

Luis
 

“Best lawyer in the world!”

Jenna
 

“I can’t thank Attorney Tofani enough.”

Paul
 

“Thanks again – you changed my life.”

Andrew
 

“My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Atto (...)

Matt
 

“Throughout my entire case, and even after the Not Guilty verdict, Attorney Tofani continued to keep me well informed and provided guidance unti (...)

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior c(...)

Client Review on Avvo
 

ney Tofani has handled many high profile criminal cases. Most recently, I needed his professional services. From the moment I first called him, t(...)

Client Review on Avvo
 

Out of State OUI – My license was suspended because of a DUI I got while in Florida for school. After moving back to Massachuetts I found the pro(...)

Client Review on Avvo
 

“A good man, who genuinely cares about his clients.”

Luis
 

“Best lawyer in the world!”

Jenna
 

“I can’t thank Attorney Tofani enough.”

Paul
 

“Thanks again – you changed my life.”

Andrew
 

“My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attor(...)

Matt
 

“Throughout my entire case, and even after the Not Guilty verdict, Attorney Tofani continued to keep me well informed and provided guidance until(...)

Andrew
 

Practice Areas

  • Driving Under the Influence (DUI)
  • Drug Crimes
  • Sexual Assault
  • Violent Crimes
  • Restraining Orders
  • Magistrate Hearings
  • Veterans Defense
  • College Student Defense

Case Results

November 23, 2015 – Boston Municipal Court Central Division – Open & Gross Lewd & Lascivious Conduct: Case Dismissed

November 25, 2015 – Boston Municipal Court Central Division – Larceny Over $250; Uttering False Instrument: Case Dismissed

January 4, 2016 – Boston Municipal Court – Offense: OUI, 1st Offense; Marked Lanes Violation – Trial Verdict, Not Guilty

January 7, 2016 – Lynn District Court – Offense: OUI, 1st Offense: Case Dismissed Pursuant to the Valor Act

March 1, 2016 – Dorchester District Court Clerk’s Hearing – Offense: Leaving the Scene of Accident Causing Personal Injury; Unlicensed Operation of Motor Vehicle: Application for Criminal Complaint Denied, Case Dismissed

February 26, 2016 – Leominster District Court – Offense: Breaking & Entering Building at Night with Intent to Commit Felony – Probation Violation Hearing: Warrant Recalled, and Re-Probated

February 22, 2016 – West Roxbury District Court – Offense: Witness Intimidation: Case Dismissed

January 29, 2016 – Brookline District Court Clerk’s Hearing – Offense: Domestic Assault & Battery: Application for Criminal Complaint Denied, Case Dismissed

January 27, 2016 – West Roxbury District Court – Offense: Assault & Battery with Dangerous Weapon: Case Dismissed

January 25, 2016 – Somerville District Court – Clerk’s Hearing Offense: Violation of Restraining Order; Criminal Threats – Application for Criminal Complaint Denied, Case Dismissed

December 7, 2015 – Dedham District Court – Clerk’s Hearing Negligent Operation of a Motor Vehicle: Application for Criminal Complaint Denied, Case Dismissed

October 19, 2015 – Barnstable District Court – Drunk Driving/OUI/DWI

October 19, 2015 – Haverhill District Court – Violation of Probation Hearing/Final Surrender Hearing

October 20, 2015 – Brookline District Court – Clerk’s Hearing – Negligent Operation of a Motor Vehicle

October 21, 2015 – Natick District Court – Drunk Driving/OUI/DWI – Administrative License Suspension for Chemical Test Refusal (3 years)

October 26, 2015 – Quincy District Court – Harassment Prevention Order

October 29, 2015 – Somerville District Court – Keeping a Disorderly House – Clerk’s Hearing/Show Cause Hearing/Probable Cause Hearing

October 30, 2015 – Attleboro District Court – Shoplifting– Dismissal Prior to Arraignment

November 3, 2015 – Wareham District Court – Illegal Possession of a Controlled Substance, Class ‘B’, Cocaine – Valor Act of 2012

November 4, 2015 – Boston Municipal Court Central Division – Assault and Battery with a Dangerous Weapon

November 5, 2015 – Superior Court Department for Suffolk County – Indecent Assault and Battery/Rape – Post Conviction Relief – Motion to Correct Mittimus

November 4, 2015 – Salem District Court – Drunk Driving/OUI/DWI, 2nd Offense – Administrative License Suspension for Chemical Test Refusal (3 years)

November 6, 2015 – Somerville District Court – Domestic Assault & Battery and Witness Intimidation: Case Dismissed

November 16, 2015 – Chelsea District Court – Criminal Threats & Default Warrant: Case Dismissed

November 20, 2015 – Attleboro District Court – Leaving the Scene of Accident Causing Property Damage & Negligent Operation of a Motor Vehicle: Case Dismissed

November 11, 2015 – Wrentham District Court – Disorderly Conduct & Malicious Destruction of Property Over $250: Case Dismissed

November 16, 2015 – Chelsea District Court – Criminal Threats & Default Warrant: Case Dismissed

November 19, 2015 – Wrentham District Court – Negligent Operation of a Motor Vehicle & Warrant Removal: Case Dismissed

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  • Home
  • About Us
    • Meet Our Attorneys >
      • Barry S. Scheer
      • Eric J. Parker
      • Susan M. Bourque
      • Debora A. Concepcion
      • Ryan P. B. Kelly
      • Heather M. Boutet
      • Vincent A. Tofani
      • Lisa M. Scalisi (Of-Counsel)
    • Meet Our Legal Staff >
      • Amanda L. Benjamin
      • Ashley R. Foster
      • Nicole Hadaya
      • Deanna Rooney
      • Jessie Donovan
    • Reviews
    • Case Results
    • Latest News
  • Our Practice
    • Personal Injury >
      • Medical Malpractice
      • Motor Vehicle Accidents
      • Car Accidents Involving Pedestrians
      • Ridesharing Accidents >>
        • Lyft Accidents
        • Uber Accidents
      • Dog Bites & Injuries Caused by Dogs
      • Motorcycle Accidents
      • Nursing Home Abuse and Neglect
      • Burn Injuries
      • Construction Site Accidents
      • Negligent Security
      • Product Liability
      • Injuries Resulting From Porch & Deck Collapse
      • Bicycle Accidents
      • MBTA & Train Accidents
      • Premises Liability
      • Wrongful Death
      • Food Poisoning
      • Aviation Injuries & Death
      • Sexual Harassment & Sexual Assault
    • Business Law
    • Business Litigation
    • Real Estate Law
    • Workers’ Compensation
    • Criminal Defense
  • Where We Practice
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    • Chelmsford
    • Charlestown
    • North End
    • Suffolk County
    • Middlesex County
    • Cape Cod
    • Martha’s Vineyard
    • Nantucket
    • All of Massachusetts
  • Contact Us
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