[MA] [MA] I was in a car accident, and the police report falsely claimed that I fell asleep. Will this jeopardize my workers’ comp claim?

Lexi, Chatbot

I understand the importance of accurate police reports. Have you already spoken to the police officer who filed the report?

Lexi, Chatbot

Can you provide more details about why you believe an amendment to the report may be necessary?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with the false statement in the report.

Queeneth E. Esq

Hello, my name is Queeneth. I am an attorney with over 8 years of legal experience. I’ll do my best to assist you today. Kindly note that our conversation does not establish an attorney-client relationship.

What state are you in?

Queeneth E. Esq

In Massachusetts, a police officer can amend or supplement a police report, but this typically requires:

• A formal request (by you or a superior officer)
• The officer’s agreement to file a supplemental report or correction
• Proper documentation — they don’t secretly edit the original

You’ve already spoken to the officer, so your next steps are:

1. Request a supplemental report to clarify or correct the false statement.

2. If the officer refuses, you have the right to submit your own sworn statement to the police department explaining what’s inaccurate. It becomes part of the official record.

3. If the statement is material and the officer won’t amend it, you can file a complaint with Internal Affairs.

4. If the case ends up in court, your attorney can challenge the report or the officer’s credibility.

Minor errors are common, but intentional or reckless falsehoods are serious.

Queeneth E. Esq

The disputed “I fell asleep/looked down” quote is unlikely to jeopardize your Massachusetts workers' comp claim. Here's why:

Key Points:

• Workers’ Comp is No-Fault in Massachusetts. Benefits are provided as long as the injury occurred “in the course of employment.”
• Traveling Employees Are Covered: At 12:45 p.m., traveling between patients counts as work-related travel.
• Only serious and willful misconduct (e.g., DUI or criminal acts) can bar claims. Even if you nodded off (which you didn't), it's not enough to deny benefits.
• That quote may trigger more scrutiny, but you’ve already disputed it by email, which is important.

What to Do Next:

1. Push for a supplemental police report:

• Re-send the request in writing (email with read receipt or certified mail).
• Ask for a clarification that the statement came from another officer, not you.

2. File your own sworn statement:

• Submit it to the police department with a copy of your previous email.

3. Provide everything to the workers’ comp insurer:

• Police report
• Your email correcting it
• A brief written statement confirming you were working and alert

4. See a doctor ASAP:

• Even urgent care is fine. Documentation is essential.

5. If denied, file Form 110 – Employee Claim with the MA Dept. of Industrial Accidents.

You are clearly within your rights, and it sounds like a strong claim. If the insurer delays or denies, speak to a workers’ comp attorney (many take cases on contingency).

Queeneth E. Esq

You’re welcome — and just to clarify: a Massachusetts officer can file a supplemental report. While the original is not removed, a supplemental can clarify it. Keep pressing for that and file your own statement either way.

Based on everything you’ve said, your workers' comp claim should not be denied. You were clearly on the job, and the injuries are well documented. A single unconfirmed quote will not override that — especially with your quick and clear correction.

Let me know if you need anything else — happy to help!