What Really Happens When You File for Workers’ Comp in Massachusetts
- Ron St. Pierre

- Oct 16
- 5 min read

Getting Hurt at Work: What Comes Next?
You’re at work, you get hurt, and now you’re facing a lot of questions. Will I get paid while I’m out? How do I cover my medical bills? Do I need a lawyer? In Massachusetts, filing for workers’ compensation should give you a safety net—but the process can be lengthy and complex.
I’ve spent decades handling these cases, and the truth is this: most workers have no idea what to expect until it happens to them. By the time they call me, they’re already stressed and afraid of losing their paycheck. This guide lays out what actually happens after you file, so you know what’s coming and how to protect yourself.
What Is Workers’ Comp in Massachusetts?
Workers’ compensation is a state system designed to provide wage replacement and medical coverage if you’re injured on the job. In Massachusetts, most employers are required to carry insurance that pays these benefits through the Department of Industrial Accidents (DIA).
If you’re hurt at work in Massachusetts, workers’ comp covers your medical care and replaces part of your wages if you can’t work.
What many workers don’t realize is that this isn’t a lawsuit against your employer. It’s an insurance claim. You’re not “suing your boss”—you’re accessing benefits that the law requires them to carry. That distinction matters, especially when clients worry about retaliation.
What Steps Are in the Workers’ Compensation Filing Process?
Step 1: Report the Injury
Your first step is to tell your employer right away.
Report the injury in writing if possible.
Ask your employer to file what’s called a Form 101 (Employer’s First Report of Injury) with their workers’ comp insurer.
Pro tip: Don’t wait. Delays in reporting are one of the biggest reasons claims get denied.
In my experience, I’ve seen cases collapse because someone waited a week or two, thinking they’d “tough it out.” By the time they reported it, the insurer claimed the injury must have happened somewhere else. Even if that’s not true, waiting gives the insurer an opening to question your credibility. When in doubt, report it the same day—even if you think the injury is minor.
Step 2: The Insurance Company Responds
Once your employer notifies their insurer, the clock starts ticking.
The insurer has 14 days to accept or deny your claim.
If they accept, you should start receiving checks.
If they deny, you’ll get a letter explaining why.
These letters are often vague. They might say things like “insufficient medical evidence” or “causation in dispute.” What they’re really doing is buying time and hoping you give up. I’ve seen countless clients walk into my office with a denial letter, ready to quit. What they don’t know is that many of those denials are routine—part of the insurer’s playbook, not the end of the road.
Step 3: Benefits You May Receive
In Massachusetts, workers’ comp benefits can include:
Medical coverage (doctor visits, surgery, physical therapy, prescriptions).
Partial wage replacement (usually 60% of your average weekly wage).
Permanent impairment benefits if your injury leaves lasting damage.
Vocational rehabilitation if you can’t return to your old job.
Most workers’ comp cases in Massachusetts take 12–18 months to resolve, depending on whether the insurer fights the claim. That’s a long time to wait to pay your bills.
For most of my clients, wage replacement is their lifeline. Imagine a construction worker in Lawrence who can’t climb scaffolding anymore, or a nurse in Newburyport who blows out her back lifting patients. Bills pile up fast when a paycheck disappears. Workers’ comp is meant to keep families afloat while the medical side catches up.
Step 4: What If Your Claim Is Denied?
If the insurer denies your claim—or cuts off your benefits—you can file an appeal with the DIA.
Here’s what happens:
Conciliation – An informal meeting to see if you can settle.
Conference – A judge reviews medical records and arguments.
Hearing – A more formal process, similar to a trial.
Reviewing Board/Appeal – If needed, your case can go even higher.
On paper, this looks straightforward. In reality, it’s a system full of delays and tactics designed to wear you down. I’ve been through these stages hundreds of times. Insurance lawyers will argue over every detail—whether your injury happened at work, whether your medical treatment is “reasonable,” even whether your job caused your back pain or “normal aging” did. Without someone pushing back, the system tilts heavily toward the insurer.
What Are the Common Myths About Filing for Workers’ Comp?
“I’ll get fired if I file.”
False. It’s illegal for your employer to retaliate against you for filing a claim.
“All cases settle quickly.”
Not true. Good cases often take time. Settling too soon can cost you thousands.
“I don’t need a lawyer.”
Technically, you don’t, but the insurer has lawyers on their side. Without representation, you’re at a disadvantage.
Important Local Context for Newburyport and Southern NH Workers
A 2020 survey by the Economic and Labor Market Information Bureau of New Hampshire showed over 100,000 people in southern New Hampshire commute, and 86% of those have jobs in Massachusetts. If you live in NH but get hurt working in MA, your case often falls under Massachusetts law—meaning you’re still entitled to workers’ comp here.
These commuter cases are something I see regularly. An ironworker from Salem, NH, who works on a project in Boston? Covered by Massachusetts comp. A nurse living in Portsmouth but driving to a hospital in Lawrence? Covered by Massachusetts comp. The jurisdiction rules matter, and I’ve built cases around them many times. Knowing how to apply those rules can make the difference between getting benefits and being told “sorry, wrong state.”
Insider Perspective: Why Workers’ Comp Cases Take So Much Time
I’ve been on both sides of the table—defending insurance companies and fighting for injured workers. One thing most people don’t realize is that insurers delay cases on purpose. They plan to make you give up or settle for less.
Back when I represented insurers, I saw this strategy from their side of the table. Now, when I fight for workers, I know exactly what tricks to expect. They might drag out medical exams, request endless records, or file appeals they know they’ll lose—just to buy time. The truth is: if you can hang in, cases are often worth much more than what’s offered at the start. Patience—and strong advocacy—pay off.
What To Do If You’ve Just Been Hurt
Report the injury immediately.
Get medical treatment and keep copies of everything.
Write down details—time, place, witnesses.
Call a lawyer before talking to the insurance adjuster.
I always tell clients: the sooner you get advice, the fewer mistakes you’ll make. Too many people talk to the insurer first, thinking they’re being helpful, only to have their words used against them later.
The Final Word: You Don’t Have to Face This Alone
Filing for workers’ comp in Massachusetts is the start of a process that can feel overwhelming. But you don’t have to figure it out alone.
If you’re hurt at work—whether you’re a construction worker in Lawrence, a nurse in Newburyport, or a commuter from southern New Hampshire—call our office. We’ll walk you through what comes next, stand up to the insurer, and fight to get you the benefits you deserve.
Disclaimer: This blog is provided for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship with St. Pierre Law or any of its attorneys. Every case is different, and the outcome of one matter does not guarantee a similar result in another. If you have been injured or believe you may have a legal claim, you should consult directly with a qualified attorney about your specific situation. St. Pierre Law expressly disclaims liability for any actions taken or not taken based on the content of this blog.

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