The original Workers' Compensation Act came into existence in Massachusetts in 1911. It replaced a system in which workers who were injured on the job were required to file lawsuits and prove negligence on the part of their employers before they could recover anything. In the old system, large numbers of injured workers were left without a remedy because either the injury was not the result of the employer's negligence or it took so long to pursue the lawsuit that the employee was unable to support himself or herself while waiting. The Legislature decided that this situation was not tolerable. The Legislature created a system in which every worker who received an injury "arising out of and in the course of his employment" would be entitled to a schedule of benefits which provide support to the injured worker during disability and afford the worker some compensation for permanent injuries and medical expenses. Today, the Workers' Compensation Act makes it unnecessary to prove that the employer was negligent. In the new system, the injured worker need only show that the injury happened at work.

You are well advised to have professional advice as early as possible so that you are fully aware of your rights at every stage of the proceedings. This is particularly important in view of ongoing and continuing changes in the law. You absolutely cannot rely on the insurance company to give you accurate advice as to your rights under the Workers' Compensation Act. It is important to know that attorneys' fees are strictly regulated by the law and that under no circumstances is an attorney allowed to charge a client directly for his or her services in a workers' compensation case. In most instances, all attorney fees charged by lawyers for representing employees are paid by the insurance company, either according to a schedule defined by the law, or as a percentage of a negotiated lump sum settlement. In some limited cases, a portion of the attorney's fee could be deducted from an amount of benefits awarded by an administrative judge.

Either party may appeal the decision of a conference judge by requesting a hearing which is a formal trial at which witnesses testify under oath and are cross-examined. If a conference order relating to a medical issue is appealed, then the party requesting the appeal must pay a filing fee of $350.00. This fee will be used to pay for an "impartial physician" to examine you. Once this examination has been conducted and the impartial doctor's report has been sent to the judge, no other medical evidence will be admissible at the hearing unless the judge decides that the medical issue before him is unusually complicated or that the report of the impartial doctor is inadequate.