Worker’s Compensation cases in Massachusetts end up in litigation at the Massachusetts Department of Industrial Accidents (the “DIA”) in two ways. One, the injured worker files a Claim seeking benefits, or two, the insurance company files a Complaint to either discontinue or modify the benefits. Either way the Claim or the Complaint will proceed through the normal course of a Worker’s Compensation case at the DIA.
About the Conciliation Event
The first scheduled event is the Conciliation. The Conciliation is typically scheduled within 2 to 3 weeks after the filing of the Claim or the Complaint. This Conciliation is a rather informal meeting between the attorneys for the injured worker and the insurance company with a Conciliator from the DIA. The Conciliator will clarify the issues that are involved in the dispute and then explore resolution options. A resolution could be reached by way of an agreement or even a lump sum settlement. But any Claim or Complaint that cannot be resolved at the Conciliation stage would be referred to the next stage of the workers comp process, which is going to be the Conference to be held before an administrative judge.
Injured Workers Represented by a Lawyer May Attend a Conciliations
While an injured worker who has an attorney may attend the Conciliation, their attendance is not required. The only time an injured worker would be required to attend a Conciliation is if there was a claim seeking benefits for scarring or disfigurement.
If you’re an injured worker and you’ve received a notice to attend a Conciliation and you don’t have an attorney, it’s highly recommended that you speak to an experienced Massachusetts workers’ compensation attorney.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.