Should I Sign Form 105? What is Pay Without Prejudice (PWOP)?

Workers’ Compensation law in Massachusetts allows the insurer to voluntarily pay benefits for 180 days - this 6 month period is known as the “pay without prejudice” period or PWOP.

During the PWOP, the insurer can stop benefits at any time by giving you a weeks notice. You then have to file a claim to continue getting benefits. If the insurer pays your benefits beyond the 6-month PWOP, they are now on the hook to continue your benefits and can't cancel them unless they have permission from a judge. 

No workers' compensation insurance company wants to go to court or accept liability which brings us to Form 105. This form allows an insurance company to extend benefits without accepting liability, and also allows them to retain the right to cancel benefits with 7 days notice. 

We highly recommend speaking to an attorney about your situation before signing any forms, particularly Form 105, from any insurance company. There are very few scenarios where it makes sense to sign Form 105 but an experienced attorney can help you make the right decision.