When a worker is injured on the job in Massachusetts, many times the Worker’s Compensation insurance company makes voluntary payments of benefits, the injured worker receives treatment for their injuries, they then recover from their injuries, and return to work.
However, in many other situations, the insurance company may refuse to pay benefits and deny an employee’s claim or if they’ve begun making payments of benefits, they may at some point in time seek to either terminate or reduce those payments. Under these situations a worker’s comp case typically proceeds to litigation at the Massachusetts Department of industrial accident or DIA for short.
How Workers’ Comp Cases in Massachusetts End Up in Litigation at the DIA
There are two ways in which a worker’s comp case ends up in litigation at the DIA.
- An employee files a Claim seeking benefits, or
- The insurance company files a Complaint to either discontinue or modify the benefits.
Regardless of how the worker’s comp case ends up in litigation at the DIA, there are four events through the worker’s compensation proceedings. These are:
- The Conciliation,
- The Conference,
- The Hearing, and
- The DIA Reviewing Board.
Now, this doesn’t necessarily mean that each worker’s comp case proceeds through all four of these events. Many times, the Claim or Complaint could be resolved by reaching an agreement or even a lump sum settlement before or at any one of these events. But it really depends on the specific facts and disputes involved in your case whether an agreement or settlement may be reached.
Injured Workers Should Have Their Case Evaluated by an Experienced Massachusetts Workers’ Comp Lawyer
For more detailed explanations about these different events, feel free to check out some of my other videos or visit my website. But if you were in injured worker and your worker’s comp claim ends up in litigation at the DIA, it is highly recommended that you have an experience Massachusetts Worker’s Compensation Attorney to make sure that you get the benefits that you deserve, or if you are receiving benefits, to make sure that you continue receiving the benefits that you deserve.
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.