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Injured employees pursuing workers’ compensation claims must follow specific statutory procedures; if they fail to do so, it can jeopardize their ability to obtain benefits. When a claim involves an uninsured employer, the process becomes even more complicated. A recent Massachusetts ruling illustrates how the courts address noncompliance with procedural obligations and the consequences of prolonged failure to participate in the claims process. If you are pursuing workers’ compensation benefits, you should talk to a Massachusetts workers’ compensation attorney to determine your rights and obligations.

Facts and Procedural History

Allegedly, the employee worked for the employer for a brief period in 2019 and claimed that she fell down a staircase at work on June 1, injuring her back, tailbone, and other areas. The employee did not report the fall to the employer at the time, and no other employee documented the incident. The next day, the employee sought treatment at a medical clinic but did not disclose that she had fallen at work. In the weeks and months that followed, she sought additional treatment but did not identify the location of the alleged fall or initially provide consistent dates for when it occurred.

It is alleged that, because the employer did not maintain valid workers’ compensation insurance, the employee filed a claim with the Workers’ Compensation Trust Fund. The trust fund moved to join the employer, and the employee did not oppose the joinder. The employer challenged liability, average weekly wage, disability, and causal relationship. The employer then sought discovery and arranged multiple medical examinations, including an impartial examination pursuant to G. L. c. 152, § 11A (2). The employee did not respond to the discovery requests and failed to appear for the scheduled impartial examination, prompting the employer to file a motion to dismiss for lack of prosecution.

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Airline employees face certain risks in the course of their duties, particularly during turbulent flights, which can turn routine tasks into hazardous situations. When worker injuries occur during flights, whether the injured employee is eligible for workers’ compensation benefits often hinges on the credibility of the employee’s testimony and the medical evidence presented. A recent decision from a Massachusetts court highlights how administrative judges evaluate causation in such cases and clarifies the deference afforded to credibility findings and the weighing of medical testimony. If you were injured on the job, speaking with a Massachusetts workers’ compensation attorney can help ensure that your rights are protected throughout the claims process.

History of the Case

Allegedly, the employee worked as a flight attendant for the employer and claimed that he injured his hand during a turbulent flight between Florida and Massachusetts when a metal food cart tilted backwards and crushed his right hand. The employee was treated several days later and was diagnosed with a fracture of the fourth metacarpal bone. The matter proceeded to a hearing before an administrative judge, who considered testimony from the employee, deposition testimony from medical providers, and documentary evidence. The judge found the employee credible and concluded that the fracture was caused by the workplace incident involving the food cart.

It is alleged that the insurer appealed, arguing that the employee did not establish causation because the medical testimony did not explicitly confirm that the cart incident caused the fracture. The insurer pointed to evidence that the employee worked regular shifts after the incident and that he reportedly told a nurse practitioner that he hurt his hand playing basketball. The insurer relied heavily on the testimony of the treating physician, who stated that the employee’s injury could have involved both a workplace event and a sports-related event. The administrative judge, however, determined that the employee never reported that he injured his hand playing basketball and accepted the employee’s explanation that he had merely attempted to test his hand strength by trying to palm a basketball after the injury. Continue reading →

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Construction sites present inherent risks, and when a worker is injured due to negligent construction, the resulting litigation often extends beyond initial questions of liability. When damages are awarded, disputes may arise over workers’ compensation liens, the allocation of jury awards, and whether a judgment has been fully satisfied. A recent Massachusetts decision provides guidance on these post-verdict issues, particularly regarding third-party reimbursement under the Workers’ Compensation Act. If you suffered a workplace injury, you should speak with a Massachusetts workers’ compensation attorney who can help clarify your rights.

Case Setting

Allegedly, the plaintiff was working as an electrician on a construction project at a property owned and operated by multiple entities when a staircase collapsed beneath him. The stairs had been installed by a subcontractor, and the project’s workers’ compensation insurer paid medical expenses and lost wages while the plaintiff recovered. The plaintiff asserted that he suffered significant injuries, required several surgeries, and remained disabled and unable to work for approximately two years.

It is alleged that the plaintiff and his family members filed suit against the defendants seeking damages for pain and suffering, lost wages, medical expenses, and loss of consortium. Prior to trial, the subcontractor admitted that it negligently installed the staircase and that this negligence caused the collapse. A jury trial was held on damages only. The plaintiff requested a special verdict form that would require the jury to itemize the damages; however, the trial judge denied the request, expressing concern that such a breakdown could confuse jurors, given the number of damage categories involved. The verdict form, therefore, asked the jury to determine a single figure for the plaintiff’s damages.

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Workplace safety in residential treatment facilities can be challenging to maintain, particularly when employees work directly with clients who present significant behavioral risks. When a violent incident occurs, grieving families often search for answers and accountability, and organizations face intense scrutiny over the policies that shaped the conditions of employment. A recent Massachusetts decision confronts these questions head-on by addressing whether the Workers’ Compensation Act precludes the directors of a charitable mental health provider from being held personally liable after an employee was killed on the job. If you or a family member suffered a workplace injury, you should speak with a Massachusetts workers’ compensation attorney to understand your options.

Facts and Procedural History

Allegedly, the decedent worked as a residential counselor for a charitable mental health provider that accepted referrals from Massachusetts agencies and served clients with complex psychiatric and criminal histories. During one of her shifts, the decedent was left alone with a resident who attacked her, causing her death.

It is alleged that the estate later filed a wrongful death action in Superior Court against the director defendants, psychiatric consultants involved in the resident’s placement, the Commonwealth, and the resident himself. The complaint asserted that the director defendants failed to develop, or failed to maintain, essential admissions and screening procedures, workplace safety measures, staffing structures, and training protocols. It also asserted that inadequate access to referral information and insufficient preparation of frontline staff placed employees in dangerous positions. Continue reading →

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Employers who fail to carry workers’ compensation insurance expose themselves to serious legal and financial risks. When an uninsured employee is injured, the Massachusetts Workers’ Compensation Trust Fund may step in to pay benefits, but it will aggressively seek reimbursement from the noncompliant employer. A recent Massachusetts decision illustrates how swiftly the courts can act when an employer ignores these obligations and fails to respond to a civil action. If you are an employee seeking compensation for a workplace injury, it is essential to contact a Massachusetts workers’ compensation attorney promptly to discuss what steps you can take to protect your rights.

Case Setting

It is reported that the plaintiff, the Workers’ Compensation Trust Fund, brought suit against the defendant employer after it paid benefits to an injured worker who had been employed without the required insurance coverage. The Fund filed its complaint in May 2023, seeking reimbursement for all benefits paid, as well as attorneys’ fees and litigation costs associated with both the administrative proceedings before the Department of Industrial Accidents and the civil enforcement action.

Allegedly, the defendant was properly served with the summons and complaint but failed to file an answer or other responsive pleading within the time permitted by law. In October 2023, the clerk’s office entered a default against the defendant. Despite receiving notice of the default, the defendant took no further action to contest the allegations or seek to have the default set aside.

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Employees working remotely for out-of-state companies often face complex jurisdictional hurdles when bringing employment-related claims. An opinion recently issued by a Massachusetts court demonstrates how Massachusetts courts evaluate whether they can exercise personal jurisdiction over a foreign or out-of-state employer accused of violating employment rights. If you work remotely from Massachusetts for an out-of-state company and believe your legal rights have been violated, consult a Massachusetts employment attorney to understand where and how your claims can be brought.

Background of the Dispute

It is reported that the plaintiff, a software engineer residing in Massachusetts, filed suit against the defendant, a Delaware company with principal operations outside Massachusetts. The plaintiff alleged breach of contract and violations of Massachusetts wage and employment laws after the termination of his remote employment. The Defendant moved to dismiss the case, asserting a lack of personal jurisdiction under both the Massachusetts long-arm statute and the Due Process Clause of the Fourteenth Amendment.

The plaintiff claimed that although the defendant had no physical offices in Massachusetts, he performed his job entirely from his home in the Commonwealth, attended virtual meetings, and received compensation in Massachusetts. He argued these contacts constituted sufficient business activity to bring the defendant within Massachusetts jurisdiction. Continue reading →

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When a workplace injury results from a company’s disregard for worker safety, Massachusetts law provides an avenue for enhanced compensation. Under Massachusetts’s workers’ compensation law, an employee who proves that an employer’s conduct was “serious and willful” may recover double benefits. A recent Massachusetts ruling illustrates how courts analyze the sufficiency of such claims and determine whether evidence of safety violations rises to the level of “serious and willful misconduct.” If you have suffered a workplace injury and believe your employer ignored safety protocols, contact a Massachusetts workers’ compensation attorney who can evaluate what benefits you may be able to recover.

History of the Case

It is reported that the plaintiff was injured during the course of his employment. He pursued workers’ compensation benefits, alleging that his employer’s safety failures constituted “serious and willful misconduct.” The employee asserted that management knowingly allowed unsafe working conditions and failed to take corrective action after previous incidents and warnings.

Allegedly, the injury occurred while the plaintiff was engaged in physically demanding labor involving heavy equipment. He claimed that the employer’s supervisors were aware of the risks posed by the method of work being used but failed to implement safety measures or training required by company policy and industry standards. The plaintiff filed a claim for double compensation pursuant to § 28, which permits enhanced benefits where an employer’s misconduct is more than mere negligence and shows a reckless disregard for worker safety. Continue reading →

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A denial of Social Security disability benefits can feel devastating, but federal court review may still offer a path forward. A recent decision from a Massachusetts court shows that when an Administrative Law Judge does not adequately explain how medical opinions are weighed, remand is required. If you are appealing a Social Security disability denial, it is smart to speak with a Massachusetts disability attorney promptly to determine how you can protect your interests.

Case Setting

The plaintiff allegedly filed a Title II application in December 2020, alleging disability beginning in January 2020. The claim was initially denied, and upon reconsideration, the plaintiff requested a hearing. An Administrative Law Judge conducted a telephonic hearing in October 2022 and issued an unfavorable decision in November 2022. The Appeals Council denied review, and the plaintiff then filed the federal complaint in October 2024.

It is alleged that the record included treatment beginning in 2020 for cervical and hip complaints, conservative management with medications and injections, and opinions from both an impartial medical examiner and state agency consultants. Of particular note, an examining pain specialist opined that the plaintiff was permanently partially disabled and set functional limits on standing and walking that were more restrictive than the state agency assessments. Continue reading →

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People injured while working on or near navigable waters may be entitled to disability benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The Act provides a structured framework to ensure that qualifying employees receive financial assistance after a workplace injury. One critical issue in determining the amount of benefits available is identifying the date when an employee is considered “newly awarded compensation.” Recently, the United States Supreme Court examined this question and clarified its meaning. If you suffered a work-related injury on the waterfront, it is important to understand how the timing of your award could affect the benefits you receive.

Factual and Procedural Background of the Case

Allegedly, the petitioner worked for the defendant at a marine terminal in Alaska, where he slipped on ice in 2002 and injured his neck and shoulder. The petitioner was unable to return to work. Reportedly, the defendant voluntarily paid the petitioner disability benefits, except for a brief period in 2003, without any formal compensation order being issued.

It is reported that in 2005, the defendant stopped making voluntary payments. As a result, the petitioner filed a formal claim under the LHWCA, which the defendant contested. The dispute was heard by an administrative law judge (ALJ) in 2007, who awarded the petitioner benefits based on the statutory maximum for the year 2002, when the disability began. The petitioner argued that the award should have been calculated using the higher statutory maximum rate in effect in 2007, the year of the ALJ’s order. Continue reading →

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Families who lose a loved one in a workplace accident often feel a natural desire to pursue justice through the courts. Yet, under Massachusetts law, many of these claims are barred by the exclusivity provisions of the Workers’ Compensation Act. These provisions are designed to ensure uniform remedies but can sometimes leave families with no recourse against an employer, even in heartbreaking circumstances. A recent decision from the Supreme Judicial Court illustrates just how far this exclusivity rule extends. If you or a loved one has suffered harm at work, it is critical to understand how workers’ compensation law affects your rights, and you should consult an experienced Massachusetts workers’ compensation attorney about your options.

History of the Case

It is alleged that the decedent, an 18-year-old high school student working at a Boston pharmacy, attempted with other employees to stop a suspected shoplifter. Reportedly, the suspect responded with sudden violence, stabbing the decedent in the neck and causing fatal injuries almost instantly.

Allegedly, the decedent had no dependents, though he lived with his mother and was financially connected to both of his parents. Because he left no dependents, no workers’ compensation death benefits were paid, aside from funeral expenses voluntarily covered by a related corporation. Continue reading →