Disclaimer: This content is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.
Detailed Answer
1. Determine the Type of Claim
If your injury arose at work for one of your employers, file a workers’ compensation claim under Mass. Gen. Laws ch. 152. Your insurer pays two-thirds of your average weekly wage (subject to statutory maximums).
If you lost additional wages from a second or third job because a third party caused your injury (for example, a slip and fall in a store parking lot), you cannot collect those lost wages through the first employer’s workers’ comp plan. Instead, you pursue a third‐party negligence claim and include your total lost earnings as damages.
2. File Your Workers’ Compensation Claim
- Notify the employer in writing within 30 days of the injury. Failure to notify can jeopardize benefits.
- Submit Form 105 (Injured Employee Claim) to the insurer and the Massachusetts Department of Industrial Accidents (DIA).
- Track notifications and keep copies of all correspondence.
- Note the one‐year deadline for filing a claim under Mass. Gen. Laws ch. 152 § 11.
3. Pursue Lost Wages from Additional Jobs
For wages lost at jobs not covered by your workers’ comp claim, you must file a negligence action against the at-fault party:
- Gather pay stubs, W-2s and tax returns showing your average earnings at each job.
- Obtain employer letters verifying hours missed and pay rates.
- File your lawsuit within three years of the injury under Mass. Gen. Laws ch. 260 § 2A.
4. Document Everything
Strong documentation underpins every claim:
- Medical reports linking your injury to your lost work time.
- Detailed time sheets or scheduling records.
- Correspondence with employers and insurance companies.
5. Consider Legal Assistance
A personal injury attorney can help coordinate multiple claims, negotiate with insurers, and represent you at hearings before the DIA or in civil court.
Helpful Hints
- Notify every employer immediately—even if you plan only to pursue workers’ comp.
- Keep a daily diary of symptoms and activities to show how the injury affects work.
- Request your medical records in writing and keep copies.
- Track your medical expenses; some plans reimburse related out-of-pocket costs.
- Communicate promptly with insurers and return calls—even brief delays can stall benefits.
- Review your paystubs weekly; discrepancies can hurt your lost-wage calculations.
- Understand that workers’ comp benefits differ from full tort recovery in a negligence suit.