Will I Have To Go To Court For My Workers Comp Case?

Will I have to go to court for workers comp case

Many Massachusetts workers compensation cases end up in court.  The court that hears these disputes is the Massachusetts Department of Industrial Accidents. Workers compensation cases are the only cases this court hears.

This Court is based in Boston and has branches in Lawrence, Fall River, Worcester and Springfield.  Your case, if it goes to court, will be assigned to the DIA branch closest to where you live.  There are a myriad of ways your case can end up in this court.  They are:

  • If the workers comp insurance company denies your claim;
  • If the insurance company wants to stop paying you, or modify the benefits they are paying you, and is beyond the “pay without prejudice” period;
  • If the insurance company refuses to pay for medical treatment you need that is reasonable, necessary and related to your work injury.

When You Need To Go To Court

Once your claim, or the insurance company’s claim is filed, a conciliation will be scheduled. If you have an attorney, your attorney goes to this proceedings for you.  If you don’t have representation, you need to attend this event.

If the conciliator finds enough documentation is presented by the moving party, then the case will be sent forward to conference.

The conference is held in front of a judge and you must attend this proceeding, whether or not you have an attorney. It is advisable not to go to a conference without an attorney.

If either side appeals the judge’s conference order, a hearing will take place.  As with a conference, you will need to attend this event, and you really should have an attorney at this stage as well.

Workers Compensation Lawyer Christopher Earley

Regardless of where your claim stands, and whether or not you have to go to court for your claim, contact Boston workers compensation attorney Christopher Earley today for help with your case.  W stand ready to help you against the workers compensation insurance company.