Massachusetts employees who suffer workplace injuries may be eligible for workers’ compensation benefits, but that protection does not always extend to separate claims of handicap discrimination or retaliation under the state’s anti-discrimination law. A recent decision from a Massachusetts court illustrates how employees who are unable to perform essential job…
Under Massachusetts’ Workers’ Compensation Act, a lump sum settlement cannot be imposed on an employee who no longer consents to its terms. This was emphasized by a recent Massachusetts decision reaffirming that a valid settlement under Chapter 152 requires a true meeting of the minds. If you are navigating a…
Determining who qualifies as an “employer” under Massachusetts workers’ compensation law can be pivotal in personal injury litigation. When workplace injuries occur, the exclusive remedy provision under the Workers’ Compensation Act typically bars employees from bringing tort claims against their employers. In a recent decision, a federal appellate court found…
Health care employees in Massachusetts who report misconduct may be entitled to whistleblower protections, but they are generally barred from pursuing tort claims arising from workplace incidents due to the exclusivity provision of the Workers’ Compensation Act (WCA). A recent Massachusetts case involving the termination of an emergency medical technician…
Workers’ compensation laws often intersect with personal injury claims, particularly in complex cases involving travel or injuries that occur outside a worker’s usual place of employment. In such cases, both the Workers’ Compensation Act (WCA) and applicable state law can determine whether the injured party may proceed with a claim.…
Workers covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) are entitled to benefits for injuries sustained during employment, including the aggravation of pre-existing conditions. While many employers will attempt to avoid paying benefits by arguing that such harm is not work-related, they often face an uphill battle, as…
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides important federal protections for maritime workers, but eligibility requires that both a status and situs test be satisfied. A recent Massachusetts case illustrates how failure to meet the situs requirement can bar recovery, even if the injured worker was performing maritime-related…
Massachusetts workers’ compensation laws are designed to provide benefits to employees who suffer work-related injuries. However, emotional injuries present unique legal challenges, particularly when they arise from personnel actions such as disciplinary proceedings. A recent Massachusetts workers’ compensation case examined whether an employee who developed an emotional disability following a…
Workers engaged in maritime-related activities are entitled to specific protections under the Longshore and Harbor Workers’ Compensation Act (LHWCA). However, determining eligibility for benefits under this Act can be complex, especially for employees whose duties include both clerical and operational tasks. A recent Massachusetts decision provides important guidance on what…
Workers’ compensation insurance disputes can present complex legal challenges, particularly when multiple insurers may be responsible for coverage. A recent Massachusetts decision highlights the necessity of exhausting administrative remedies before seeking judicial intervention in such cases. If you are involved in a workers’ compensation insurance dispute, consulting an experienced Massachusetts…