[lex_subheading heading=”1″ align=”center”] Our Process [/lex_subheading]
[lex_col md=”12″][/lex_col][/lex_row][lex_row][lex_col md=”4″][lex_dropcap el_letter=”1″]Come in for a free consultation with one of our experienced attorneys. Tell us your story and we will determine whether we can help you with your claim.[/lex_dropcap][/lex_col][lex_col md=”4″][lex_dropcap el_letter=”2″]If we feel that you have a strong case, we will walk you through the steps of a workers’ compensation claim, fill out all of the necessary forms, and file your claim with the Board of Industrial Accidents.[/lex_dropcap][/lex_col][lex_col md=”4″][lex_dropcap el_letter=”3″]We will fight to get you the benefits necessary to return to your life. Learn more about the workers’ compensation procedural process below.[/lex_dropcap][/lex_col][/lex_row]
[lex_divider][/lex_divider][lex_subheading heading=”1″ align=”center”]7 Step Procedural Process at the Department of Industrial Accidents[/lex_subheading]Step 1: File a claim for benefits together with copies of medical records and reports.
Step 2: Conciliation – a non-binding arbitration proceeding. Scheduled 20 days after your claim is filed, you do not need to appear this proceeding. If one of the parties is not satisfied at the end of this hearing, they can move for the case to be heard by a judge.
Step 3: Pretrial Conference before a judge (usually takes 1-3 months after the conciliation). Medical evidence is presented to the Judge, on which he renders a temporary decision, binding on the parties until a decision is reached in Step 4.
Step 4: The party who is dissatisfied with the Judge’s temporary order has 14 days to file an appeal.
Step 5: The dissatisfied party must pay a $450 filing fee to the “Commonwealth of Massachusetts”. (This is not an attorney’s fee). If both parties are dissatisfied this fee is split. The fee is refundable if the party who filed the fee prevails at the Hearing level. (After Step 7)
Step 6: All of the medical records and reports are submitted to the judge and the employee will be scheduled for a medical evaluation by an “impartial” physician whose name is in a roster of doctors listed at the Department of Industrial Accidents. This medical opinion is the only medical evidence in the case. Even though the judge has reviewed all of the medical evidence at the pre-trial conference, the judge cannot use either your treating doctors’ opinions or the insurer’s doctors’ opinion. The only way additional medical evidence can be submitted is if the Judge determines that the impartial report is inadequate or the issues are medically complex.
Step 7: Hearing – this is a full trial, without a jury, where anyone whose testimony is relevant to the issues can testify. The Judge will issue a binding decision that can only be appealed if there are errors of law, not factual errors.
For more information on the Department of Industrial Accidents
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