First 24 Hours After a Massachusetts Workplace Injury
The 30-day notice rule, the 60% wage-replacement formula, and the third-party suit most workers do not know exists. Built around M.G.L. c. 152.
- 01
Tell your supervisor in writing today.
Massachusetts workers' compensation requires NOTICE to the employer of the injury. The shorter the gap between the injury and the report, the smoother the claim. A written notice (email, text, signed memo) preserves the date better than a verbal one. Even if you think you can "work through it," report it now.
- 02
Get medical evaluation through the employer's first-aid process.
If the injury is serious, go to the ER. Otherwise, follow your employer's stated procedure. KEEP every receipt, every appointment note, every prescription. Workers' compensation pays all reasonable medical care related to the injury under M.G.L. c. 152, but only with documentation.
- 03
Photograph the injury and the scene of the injury.
Bruises fade, cuts heal, scaffolding gets dismantled. Photograph the injury when fresh and the equipment, surface, ladder, vehicle, or condition that caused it. If a third party (equipment maker, sub-contractor, vendor) was involved, those photos are critical for a separate civil claim.
- 04
Watch the 30-day notice rule.
Under M.G.L. c. 152, formal NOTICE to the employer must be given within 30 days of the injury (or, for occupational diseases, 30 days from when you knew or should have known the condition was work-related). Late notice can be excused in some cases but is a fight that distracts from the underlying claim.
- 05
Understand the 60% wage-replacement math.
If you cannot work, workers' comp pays 60% of your average weekly wage TAX-FREE while you are out. Maximum and minimum weekly amounts apply. The 60% is calculated from your gross weekly pre-injury wage averaged over the 52 weeks before the injury. Overtime, bonuses, and per-diems often factor in; many employers calculate this incorrectly.
- 06
Do NOT use your private health insurance for the injury.
Workers' compensation is the FIRST payer for any work-related injury. Using your private health insurance creates lien problems and can be reframed as you not believing the injury was work-related. Bills go to the workers' comp carrier; if the carrier denies, then it gets sorted out.
- 07
Ask whether a third party may be involved.
Most workers do not know that injuries on the job often have a SEPARATE civil claim against a third party: the manufacturer of defective equipment, a sub-contractor on the job site, the owner of a property where the injury occurred. The workers' comp claim and the third-party suit run together. Third-party suits often produce substantially larger recoveries than the comp claim alone.
- 08
Do not sign anything from the workers' comp carrier without legal review.
The carrier may offer a lump-sum settlement, a return-to-work agreement, or an Independent Medical Examination (IME) referral. Each has consequences. Workers' comp attorney fees in Massachusetts are governed by statute under c. 152 and capped, so legal review rarely costs the worker out of pocket.
- 09
Telephone (617) JIM-WINS within the first week.
Jim Glaser Law handles both the workers' comp claim (capped statute fees) and any third-party suit (typically contingency). The first call is free. The earlier the firm starts, the better the documentary record.
Common questions
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What is the deadline to file a workplace injury claim in Massachusetts?
Most Massachusetts civil claims of this kind are subject to a three-year limitations period under M.G.L. c. 260 § 2A from the date of injury. Some matters carry shorter deadlines (workers' comp notice, claims against a public entity) or longer ones (medical malpractice repose). Telephone (617) JIM-WINS for the deadline that applies to your specific facts.
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Does Jim Glaser Law charge anything to evaluate my case?
No. The first telephone consultation is offered without charge. Most workplace injury matters are accepted on contingency: no attorney's fee unless and until a recovery to the client; case-related costs and expenses are addressed in the written fee agreement.
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What if I missed something in the first 24 hours?
The earlier the better, but most Massachusetts claims survive a delayed start as long as the limitations period has not expired. Telephone the firm now; the longer you wait, the harder evidence preservation becomes.
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Should I talk to insurance adjusters before calling counsel?
Tell your own carrier the basic facts (date, time, location, that you are seeking medical evaluation). Do not give a recorded statement to the at-fault party's carrier without speaking to a Massachusetts attorney first. Their adjusters are trained to lock you into statements that limit your claim.
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Is Jimmy Knows A! legal advice?
No. This guide provides general Massachusetts legal information drawn from M.G.L. statutes and case law. It is not legal advice for any particular matter. Telephone Jim Glaser Law at (617) JIM-WINS for advice on your specific situation.
This guide constitutes legal information, not legal advice. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability.