An Advocacy and Support Group for Workers Hurt on the Job

Judge apologizes to injured worker

         On Oct. 11, 2006, two members of the Alliance for Injured Workers traveled to Boston and spoke against the reappointment of Judge Bridget Murphy, who has served as a judge in the Department of Industrial Accidents for 12 years.

Nancy Foley, director of the Alliance for Injured Workers, told the Governor’s Council that she had a “vivid and painful memory” of appearing before Judge Murphy as a claimant in 1999 in Springfield.

“Judge Murphy told me that she likes to encourage people in my situation to do a little bit more with our lives,” Ms. Foley told the council.

Ms. Foley described her professional and academic background and extensive volunteer work prior to having to stop working due to a repetitive strain injury. “I felt I had already done a great deal with my life,” she said. “When I entered Judge Murphy's courtroom, I was terrified about what was happening to my body. I had no reason to feel ashamed of the fact that I was not working. I had continued to work for years in pain before I finally had to go out of work. I was stunned that anyone would view me as someone who needed to be encouraged or motivated to do more with my life.”



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Book for Injured Workers Now Available!

The new edition of Hurt on the Job: A Guide to the Massachusetts Workers Compensation System has been published! If you are an injured worker, you need this book! It explains almost everything you need to know about what to expect from the workers compensation system.

The first edition of Hurt on the Job was published in 1995 and sold out several years ago. Nancy Foley, an injured worker and the current director of the Alliance for Injured Workers, rewrote the book. She interviewed a number of injured workers and included their quotes in the book. The book explains how to report an injury, the benefits that are supposed to be available, what the court process is like for a contested claim, the pros and cons of settling, medical issues and surviving with a long-term disability. The book also has a section on federal workers compensation that was written by Katherine Smith, an attorney who handles federal workers compensation claims.

The book is available for $15. Send check or money order payable to Western MassCOSH to 640 Page Blvd., Suite 104, Springfield, MA 01104. Please include $2 for postage and handling. Call (413) 731-0760 for more information. The book is also available at the Broadside Bookshop in Northampton. 

Next meeting: Wednesday May 16, 2007

Please join us for our next meeting on Wednesday, May, 16 2007

We will meet at 4 p.m. at the First Congregational Church of West Springfield, 20 Lathrop Street. The church is right across from the Town Common on Park Street. From Springfield, cross into West Springfield over the North End Bridge. Go half way around the rotary, and then continue on Route 20 West. The church will be on your right across from the Town Common. From 91 South, take the Birnie Avenue (exit 10). Turn left at the end of exit. Bear right to get on the North End Bridge. From 91 North, follow the signs for West Springfield/Westfield Route 20 to cross over the North End Bridge.

The meeting is free and open to injured workers and their families. Call (413) 731-0760 for more information.

 

 

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Hurt on the Job: A Guide to the Massachusetts Workers Compensation System

The new version of  Hurt on the Job: A Guide to the Massachusetts Workers Compensation System will be available soon. The book was first published in 1995, but has been rewritten and revised by Nancy Foley, an injured worker who is now director of the Alliance for Injured Workers. The new book includes quotations from injured workers who were interviewed for the book.

This is a comprehensive guide to the system and what you can expect as an injured worker in Massachusetts. To place an order, call (413) 731-0760. The book should be out by the end of June.

The Four Stages of a Contested Workers Comp Claim

If you are receiving a weekly check and your medical bills are being paid, you may expect everything to continue going smoothly. At some point, however, your case may be contested and have to be resolved at the Department of Industrial Accidents. Some cases are contested from the beginning, with the employer refusing to take any responsibility for the injury. In other cases, insurance companies wait to see if you will recover and return quickly to work. If you don't, they may contest the claim. You will receive a letter in the mail with the date and time that you must appear at your local office of the Department of Industrial Accidents.

Stage 1: Conciliation

Don't worry too much about this step. A conciliation is an informal meeting at which your lawyer, the insurance company's lawyer and a conciliator from the DIA try to reach an agreement about your claim. In most cases, you say nothing during the conciliation. In our experience, very few cases are resolved at this stage.

Stage 2: Conference

If nothing is resolved at the conciliation, your case advances to the conference. The letter that notifies you of your conference date will also tell you the name of the judge to which your case has been assigned. The name of the judge may be significant. Some judges are sympathetic toward people who are ill or injured; others have the same negative views of injured workers as the general population. They may be looking for malingerers or believe that "everyone can do something." Asked your lawyer or other injured workers to find out what type of judge is handling your case.

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