What to Do If Your Workers' Compensation Benefits are Terminated Early in Massachusetts

If you've been injured at work in Massachusetts, including Boston, Framingham, or the Metrowest area, you may have started receiving weekly workers' compensation benefits under Massachusetts' 180-Day Pay Without Prejudice Period. While these benefits provide critical support, it’s important to understand that insurance companies have significant flexibility during this period — including the ability to terminate or modify your payments at will and without a judge’s approval.

So, what should you do if your workers' compensation benefits are cut off early in Massachusetts? Here's what you need to know to protect your rights.

Understanding the 180-Day Pay Without Prejudice Period

Under the Massachusetts Workers' Compensation Act (M.G.L. c. 152), insurance companies can voluntarily start paying weekly disability benefits for up to 180 days after a workplace injury, without officially accepting full liability.

However, during this pay without prejudice period, insurers can stop or reduce your benefits without needing a judge’s approval — as long as they follow specific rules. This flexibility makes it critical for injured workers to stay alert and be prepared for any changes in their benefits.

How Can an Insurer Terminate Workers’ Comp Benefits During the 180 Days?

If the insurance company decides to terminate or modify your weekly workers' compensation benefits during this initial 180-day window, they must:

• Send you a Form 106 ("Insurer’s Notification of Termination or Modification of Weekly Compensation During Payment Without Prejudice Period").
• File Form 106 with the Massachusetts Department of Industrial Accidents (DIA).

This Form 106 must be sent to you and the DIA at least seven days before your benefits are scheduled to stop or decrease.

If the insurer fails to properly file this form, the termination may be invalid — and you could have a stronger case to have your benefits reinstated quickly.

Be Careful: Watch Out for Form 105

If you have started receiving workers’ comp benefits, the insurance companies may also ask you to sign a Form 105, which extends the 180-day pay without prejudice period by an additional 180 days. This gives the insurance company one full year of control and flexibility.

Before you sign anything, understand the risks:

Why Signing Form 105 Can Hurt Your Workers' Comp Claim

• Delays Your Full Protection: Without signing, the insurer must get a judge’s approval at the DIA after payments of weekly benefits beyond the 180 day payment without prejudice period to terminate or reduce your benefits. Signing Form 105 gives them more time to cut you off at will without court involvement.
• Gives the Insurer More Control: You stay vulnerable to sudden benefit terminations or reductions without judicial oversight.
• Hurts Your Negotiating Leverage: Insurers are more likely to negotiate fairly when they need to prove their case in court – there is always an element of uncertainty with litigation.
• May Be Presented Casually: Many injured workers sign Form 105 without realizing they are giving up important rights. The insurance companies don’t always fully explain the implications of signing the Form 105.

Bottom line: Before signing Form 105, consult an experienced Massachusetts workers' compensation attorney like Chuck Pappas, who can review your situation and guide you on what's best for you.

What To Do If Your Workers’ Compensation Benefits Are Terminated Early

If your weekly benefits have been stopped or reduced during the 180-Day Pay Without Prejudice period, here’s how you should respond:

1. Confirm Whether Proper Notice Was Given

Check if the insurance company sent you Form 106 correctly and filed it with the DIA. Any errors on their part can strengthen your case for reinstatement of your benefits.

2. File a Claim (Form 110)

You can file a Form 110 – Employee Claim with the DIA to demand a court order that reinstates your benefits and awards retroactive payments.

3. Gather Updated Medical Evidence

Collect all current medical records, treatment notes, and disability letters that confirm you’re still unable to return to work. Strong medical documentation is key to your success.

4. Prepare for a Conciliation

After filing your claim, you'll be scheduled for a conciliation, a relatively informal meeting aimed at resolving the dispute without going to a full Conference or Hearing before an Administrative Judge at the DIA.

5. Hire an Experienced Workers' Compensation Attorney

Insurance companies have teams of adjusters and lawyers working to protect their interests — you deserve a knowledgeable and skilled ally too. Attorney Chuck Pappas has helped countless injured workers across Massachusetts in areas like Framingham, Boston, and the Metrowest region fight unfair benefit terminations and get the support and representation they deserve.

In many cases, the insurer will even be ordered to pay your attorney's fees if you win your case.

Final Thoughts: Take Action Quickly

If your Massachusetts workers' compensation benefits were wrongfully terminated, you may be entitled to retroactive payments for the time you weren't paid. However, don’t wait — filing a claim and getting a Conference date can take months, and during that time, financial hardships can quickly build up.

At the end of the day, time is of the essence. The longer you wait, the harder it can be to protect your rights and your financial future.

If you were hurt at work in Massachusetts and need help fighting an early termination of your workers' comp benefits, contact experienced Framingham workers’ compensation attorney Chuck Pappas today for a free consultation. With years of experience standing up to insurance companies, Chuck is ready to fight for the benefits you deserve.