Denied Workers’ Compensation Claims in Boston
Contact our Boston workers’ compensation attorneys if your benefits have been denied
While the Executive Office of Labor and Workforce Development (EOLWD) in the Commonwealth of Massachusetts advises all claimants to obtain legal representation to assist with the claims process, many injured employees do not. This often results in many workers’ compensation claims being denied.
After initial denial of benefits, do not give up and do not lose hope. Due to the complexity of workers’ compensation law, there is often a lot more that can be done to obtain benefits but it will require an experienced attorney who regularly handles workers’ compensation claims.
As our Boston workers’ compensation attorneys at the Attorney Injury Group can explain, when your employer’s insurance company denies your claim, there are time-sensitive steps that must be taken, preferably with assistance of an experienced attorney.
The initial step that must be taken is that an Employee’s Claim Form must be submitted to the Department of Industrial Accidents (DIA). If there is any medical evidence that supports your workers’ compensation claim you should include that as well with your submissions to DIA. If you are unsure what information to submit that will support your case, your Boston workers’ compensation attorney will be able to assist you.
Conciliation in Massachusetts Workers’ Compensation Cases:
After receiving your claim package, the DIA will schedule a Conciliation to occur ideally within two weeks. When a workers’ compensation benefits insurer intends to stop or change your benefits, they will need agency permission and can file an Insurer’s Complaint for Modification, Discontinuance or Recoupment of Compensation form. This will begin the formal process.
During the conciliation process, an informal meeting will be held between you, your attorney, and the insurer. At this point, the parties will try to reach a workers’ compensation settlement. It is advised to only attend this meeting after consulting with an attorney. If a settlement is unable to be reached, the case will be referred to a DIA judge for a formal conference.
Workers’ Compensation Conferences in Massachusetts:
A workers’ compensation conference in the Commonwealth of Massachusetts is a formal meeting before an Administrative Law Judge (ALJ). At this meeting, your attorney can present evidence and explain how witnesses would testify through the use of affidavits, however this is not a hearing and no witnesses will testify. At this stage in the process, the ALJ will issue an order, but that order can be appealed in order to have a formal legal hearing.
Appeal Hearing in Massachusetts Workers’ Compensation Cases:
At the appeal hearing, your attorney will be able to present evidence, cross-examine witnesses, and argue for your rights to workers’ compensation benefits before the same ALJ who handled the conciliation process. The rules of evidence for the Commonwealth of Massachusetts apply during this hearing. At this stage if you as a claimant have still not received legal representation, the EOLWD strongly advises to do so.
The Attorney Injury Group will fight aggressively to protect your rights. If you or a loved one has been denied workers’ compensation benefits call the experienced workers’ compensation attorneys at the Attorney Injury Group for help. Call us today at 617-934-7000 for a FREE, confidential consultation. When you call our experienced workers’ comp lawyers in Boston, we will investigate every detail of your accident at no cost to you.
At the Attorney Injury Group, you will never pay an attorney’s fee up front and we don’t get paid until you do. Call today to learn how we may be able to help.
Call the Attorney Injury Group for Help, Fighting for You Is What We Do!