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  1. #1
    Join Date
    Mar 2008
    Posts
    24

    Default 14 Days For A Determination?

    I finally met with my comp carrier, went fine . He told me he only had 14 days INCLUDING weekends and holidays to send me out an appr. or rejection letter from the date of injury. its been 23 days and ive heard or recieved nothing. What should i do call him and ask or talk to an attrny

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: 14 Days ?

    i think it would depend on the consequences. what happens if the deadline is missed?
    sounds like you should be contacting the work comp board for some penalty $$.

  3. #3
    Join Date
    Dec 2007
    Posts
    746

    Default Re: 14 Days ?

    You may be required to file an official notice within a certain period to claim compensation benefits.
    It is usually filed with both workers compensation and the employer. Once this is done the employer/insurer has a set amount of time within which to accept or deny the claim. If they don't accept or deny within a certain amount of time they may waive the right to dispute the claim. If they are accepting anyway, they may not be concerned about waiving this right.
    You should find out what your responsibilities to protect your rights are in your state. Usually you can find out through your state's workers compensation authorities. You can not depend on the employer or insurer to provide accurate info concerning your rights and responsibilities because they have their own interests regarding this matter.

    .

    For instance in Connecticut your must file a Form 30c within one year of injury or you lose the right to claim benefits. The employer then has 28 calender days to accept or deny responsibility or they must accept responsibility. I would imagine your state has something similar.
    Last edited by lost in connecticut; 03-16-2008 at 03:10 PM. Reason: add

  4. #4
    Join Date
    Nov 1971
    Posts
    177

    Default Re: 14 Days For A Determination?

    Go to the MAss DIA website; find the statute for notification. Once you know what it is you can call him and tell him he is in violation. You can call the DIA and ask them what form to fill out to take him up to the DIA; but when you call him let him know he's in violation and if you do not hear at once, like by Fed-Ex, then you will file form X. He'll think you know more than you do.

  5. #5
    Join Date
    Nov 2007
    Posts
    47

    Smile Re: 14 Days For A Determination?

    FORM X is a 110, employees claim for benefits.
    The MA statute states that if an insurance company does not make a determination as to compensability within 14 days from the date they receive the claim then they automatically have to pay the injured worker/employee, $200, it's automatic, there's no form you have to file to get this but most insurance companies won't voluntarily pay it unless you ask for it. If you feel the insurance company is unjustifiably delaying your claim then file the form 110, I can tell you that once you file the 110 the conciliator at the state will tell you to get an attorney to protect your interests. In MA there are a lot of shotty attorneys so make sure you do your research before you chose one to represent you.
    I hope I've been some assistance for you.
    Any postings I make are my personal opinions only. If you do not like what I have to say then please disregard.

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