How Conciliation Meetings Work in Massachusetts Workers' Compensation Cases

Overview of Conciliation in MA Workers' Compensation

In Massachusetts, conciliation meetings are a mandatory step before a claim can proceed to a hearing, allowing parties to resolve disputes without formal litigation. The process is initiated by filing a request with the Department of Industrial Accidents (DIA) and typically occurs within 30 days of the request.

Initiating the Conciliation Request

The injured worker or employer submits a written request for conciliation to the DIA, outlining the specific issues—such as medical benefits, wage loss, or disputed liability. The DIA then schedules a meeting, notifying all parties of the date, time, and location, often a DIA office or neutral venue.

Roles and Responsibilities During the Meeting

A neutral conciliator, appointed by the DIA, facilitates the discussion. Both the employee's attorney (if represented) and the employer's insurance adjuster present their positions, supporting evidence, and any proposed settlement terms. The conciliator does not decide the case but helps clarify misunderstandings, identify common ground, and suggest compromise solutions.

Typical Structure of the Meeting

1. Opening remarks by the conciliator outlining procedures.2. Statements from each side, limited to 10‑15 minutes.3. Question‑and‑answer period for clarification.4. Negotiation of settlement terms.5. Summary of any agreement reached.

Possible Outcomes

If an agreement is reached, the conciliator prepares a written settlement that both parties sign, ending the dispute. If no agreement is achieved, the case proceeds to a formal hearing before a workers' compensation judge, and the conciliation record becomes part of the hearing file.

Key Timeline and Deadlines