The first step in the Workers Compensation process is to have your lawyer file a workers compensation claim on your behalf with the Department of Industrial Accidents. The Department of Industrial Accidents is an administrative agency that is part of the government of the Commonwealth of Massachusetts and controls workers compensation cases.
After your lawyer has filed a workers compensation claim on your behalf, the second step in the process is to go before a conciliator who will attempt to sort out the issues of your case and will either attempt to settle the claim which happens occasionally, or will move the case forward to the next step.
The next step is called a conference, however, it’s really not a conference. The conference is more like two lawyers talking before an administrative law judge. The administrative law judge decides whether or not to make compensation payments on the basis of what the lawyers say, and what documents the lawyers submit. If compensation payments are made, its likely that the insurance company will appeal. If compensation payments are not made, its likely that you will appeal.
In any event, the case will move forward and the employee will be sent to an impartial physician who will examine the employee and make findings and eventually that case may reach a hearing stage where there would be a small, perhaps one or two hour trial over what happened, how it happened and how disabled the employee is or continues to be.
The lawyers at Peskin, Courchesne & Allen can represent you throughout the workers compensation process. To discuss a workers’ compensation matter, please contact Judd L. Peskin via email or by telephone at 413-734-1002.