Taunton, MA asked in Workers' Compensation and Arbitration / Mediation Law for Massachusetts

Q: In my worker's compensation claim, the employer's side hasn't shown to mediation for the 3rd time. What happens now?

I made the error of writing mediation instead of Conciliation and also it was the insurer's representative not showing. Thank you for your quick response Laura Kiley, I appreciate it

2 Lawyer Answers
Laura Kiley
Laura Kiley
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Are you sure it was the Employer who hasn't shown, or was it the insurer's representative? Was it for a mediation or a conciliation? Mediations are voluntary when it comes to workers compensation so there isn't anything that would require them to attend a mediation. If it was the conciliation and it has been rescheduled 3 times, then it should end up being sent forward to a Judge. Generally an Employer is not present at a conciliation, but instead the insurer's representative is.

If you have not heard from your attorney, sometimes that is because there is no news for them to give you. It does not mean they are not working on your case. It just means they don't have an update to give you. They also might be waiting to hear from you, if you have an update on treatment or your work status. If you feel like you are not getting enough communication, let your attorney know this.

1 user found this answer helpful

Jeffrey Young
Jeffrey Young
Answered
  • Workers' Compensation Lawyer
  • Lowell, MA
  • Licensed in Massachusetts

A: I agree with what Attorney Kiley has said. I would add that if you are not happy with your attorney's communication level then let them know that you will take your case elsewhere if they do not respond to your inquires. If they do not change then seek out another lawyer.

1 user found this answer helpful

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