Yes, you can appeal a denied workers’ compensation claim in Massachusetts. If an insurer has rejected your workers’ compensation claim, you can file a formal claim petition with the Department of Industrial Accidents, or DIA, using Form 110—Employee’s Claim.
While being denied the benefits you deserve is a frustrating and stressful experience, the skilled Massachusetts workers’ compensation lawyers at Rob Levine Law are ready to help. Our experienced attorneys can help you navigate your workers’ compensation appeal and give you the best chance to get the results you deserve.
How to File Form 110 With the Department of Industrial Accidents
The first step to contesting your workers’ compensation denial is to complete Form 110. To complete the form, you’ll need the following information:
- Your personal information, including your social security number and home address
- Your employer’s name and address, and contact information for their workers’ compensation insurer
- Your job title and average weekly wage
- Dates of when the injury occurred and your first and fifth days of being unable to work
- Descriptions of the injury and how it occurred
- Names of any witnesses
You also have to attach at least one piece of supporting evidence, such as witness statements, reports describing the accident, or medical records. You should include all available documentation with your form.
You can submit your form by mail or in person through the DIA’s office in Boston. You must also send a copy to the workers’ compensation insurance company and should retain one for your records.
Under Massachusetts law, employees generally have four years from the date they become aware of the connection between the injury or illness and their job to file a workers’ compensation claim with the insurer. If you receive a denial from the insurance company, you have four years from the date you received the denial to file a claim with the DIA.
Our Massachusetts workers’ compensation attorneys can provide experienced legal help throughout the appeal process, ensuring all your forms are filed correctly while keeping you as stress-free as possible.
What Happens After I File an Appeal for My Denied Claim?
After filing your claim form, you should receive a notice within one to two weeks either rejecting your appeal or scheduling an information conciliation meeting between you, the insurer, and a representative from the DIA. If the DIA denies your claim, you have the opportunity to revise it and try again.
You will need to move through the next stages of your appeal if you can’t reach an agreement at conciliation, including a conference with an administrative judge, a formal hearing, and going before the Reviewing Board.
DIA Conference
After conciliation, your case will be referred to an administrative law judge for review. The next step is an informal conference between you, the judge, and the insurance company. The judge can issue a temporary order if the parties can’t reach an agreement, but either side can appeal that order within 14 days to continue the process.
Formal Hearing
Appealing the temporary order will trigger an evidentiary hearing that functions like a trial. Both sides will present evidence and make their case before the administrative law judge, who will then decide your case. If you disagree with the judge’s decision, you can appeal a ruling within 30 days.
Reviewing Board
Appeals of a judge’s decision go to the DIA’s Reviewing Board. A panel of three administrative judges will review the hearing and either ask for additional arguments, affirm the previous judge’s decision, or send it back to them for further proceedings. However, the board can only reverse a hearing decision if it is legally incorrect, decided without reason, or exceeds the judge’s authority.
If either party wants to dispute the Reviewing Board’s decision, their only remaining option is to go before the Massachusetts Court of Appeals.
Why Should You Contact Rob Levine Law for Your Workers’ Compensation Appeal?
While it’s possible to appeal a denied workers’ compensation claim in Massachusetts without a lawyer, having an experienced legal advocate to guide you through the process can raise your chances of success and take considerable stress off your shoulders.
The knowledgeable legal team at Rob Levine Law has over 25 years of experience handling workers’ compensation claims in Massachusetts and beyond. We have a proven track record of success, helping more than 50,000 clients recover over $2 billion in injury compensation and disability benefits. Our team is available 24/7 to take your call and answer your questions.
Win or no fees™, that’s the Fee Free Guarantee®. Contact us online or call (800) 742-3920 today for a free consultation.
