How long do I have to file a claim after I am injured?
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Under MGL c. 152 § 41 for injuries on or after January 1, 1986, a claim must be filed with the insurer within four (4) years of the date an employee becomes aware of the causal connection between their disability and their employment. In the case of the death of an employee, the claim must be within four (4) years of death. If you receive a Notification of Denial - Form 104, you would have four (4) years from the date you received it to appeal the denial. For injuries prior to 1/1/86, the statute of limitations is one (1) year, regardless of the employee's knowledge of the causal connection, although it is the burden of the insurer to show prejudice by the employee's failure to file within one (1) year of injury.
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