How Has COVID-19 Impacted Massachusetts Workers’ Compensation Courts?

How Has COVID-19 Impacted Massachusetts Workers’ Compensation Courts?
COVID-19 has completely impacted every American. As well, nearly every facet of life has been impacted by this virus. The court and legal system have also been greatly impacted by COVID-19. To adapt to this new and hopefully temporary new reality, courts have made changes to accommodate limitations put on by the virus. The Massachusetts Department of Industrial Accidents is the one and only branch of the Massachusetts Judicial System which handles Worker’s Compensation disputes. The Department of Industrial Accidents, or DIA, for short, has five branches throughout the Commonwealth. The branches are the main hub, which is Boston, as well as locations in Lawrence, Fall River, Worcester, and Springfield, Massachusetts.
In order to deal with the pandemic, the DIA has made significant changes to how Massachusetts worker’s compensation lawyers practice in these courts. For example, conciliations are now being run much differently. Conciliations are the first step in the workers’ compensation dispute process. Typically, the claimant or if the claimant has an attorney, the claimant’s attorney will go to court and meet with the lawyer assigned to the case by the insurance company. These two lawyers will meet with the conciliator and present the claim to the conciliator. Now, however, conciliations are all being done on the telephone as opposed to in-person, at least for the time being.
Similarly, conferences are now being handled much differently. Conferences are court proceedings in which the attorney for the injured worker, as well as the attorney for the insurance company, present their case to a judge. Conferences typically deal with claims that are filed by injured workers or claims filed by insurance company lawyers. In lieu of in-person conferences, judges are now conducting conferences either on the telephone or through Webex. For the time being, hearings have been suspended. Hearings are essentially trials in which workers’ compensation defense lawyers, as well as lawyers for the claimants, present oral arguments and evidence to a judge. Hearings will likely resume sometime in the near future; however, that date has not been announced yet by the Chief Judge.
Despite all of these practice changes to workers’ compensation law, the law has not changed. Massachusetts workers’ compensation law still protects the rights of those that have been injured on the job due to an industrial accident. The rights and remedies available to these injured workers have not changed at all due to COVID-19. The courts have done a very impressive job of utilizing technology to advance all claims forward as expeditiously as possible. If you or someone you know needs the assistance of a workers’ compensation lawyer in Boston, please contact the Earley Law Group Injury Lawyers today for your free consultation. Please call us at 617-444-7777 to get started with the process