Filing your claim with the Department of Industrial Accidents (DIA)

If your workers’ compensation benefits have been denied, reduced, or stopped, the next step is to file a formal claim with the Department of Industrial Accidents (DIA). This is the Massachusetts administrative agency that handles disputes between injured workers and insurance companies.

The process begins by filing an Employee Claim (Form 110). This form tells the DIA what benefits you are seeking—whether it’s weekly disability benefits under Section 34 or Section 35, payment of medical treatment under Sections 13 and 30, or reinstatement of benefits that were improperly terminated. It is critical that the claim is accurate, complete, and supported by medical evidence, as this sets the foundation for your case.

Once your claim is filed, the case is scheduled for a Conciliation, which is an informal proceeding between the attorneys and a conciliator. You typically do not need to attend, and no testimony is taken. The goal at this stage is to see whether the insurer will voluntarily accept the claim or agree to pay benefits.

If the case does not resolve at conciliation, it is then advanced to a Conference before an Administrative Judge. The conference is more formal, but still not a full hearing. Your attorney will present medical records, disability notes, and legal arguments. The Judge will then issue a Conference Order, either awarding or denying benefits.

If either party disagrees with the Conference Order, the case can be appealed to a Hearing, which is the trial stage of the case. At Hearing, testimony is taken, evidence is introduced, and in most cases, a court-appointed impartial medical examiner under Section 11A will play a central role.

Timing is critical throughout this process. Delays in filing a claim or failing to obtain proper medical documentation can significantly impact your case. Insurance companies are experienced in defending these claims, and even small procedural mistakes can create unnecessary obstacles.

Filing a claim with the DIA is how you enforce your rights when the insurance company does not do the right thing voluntarily. Having an experienced Massachusetts workers’ compensation attorney handle this process ensures that your claim is properly presented and positioned for success from the very beginning.

If your benefits have been denied or stopped, or if you need to file a claim, contact Chisholm Law LLC for a free consultation and immediate guidance by clicking here, or calling 978-703-0700 today.