The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides compensation for maritime and harbor workers who suffer work-related injuries. In part, the LHWCA provides permanent disability benefits for employees who can no longer work because of their injuries. Employers may dispute the permanence of an employee’s injuries, but as discussed…
Workers’ compensation laws in Massachusetts provide employees with specific legal protections in the event of workplace injuries, while also limiting the extent of employer liability. However, disputes often arise regarding the exclusivity provision of the Massachusetts Workers’ Compensation Act (MWCA) exclusivity provision and whether employees can pursue additional legal claims.…
Under Massachusetts law, the Workers’ Compensation Act provides the exclusive remedy for employees seeking damages for workplace-related injuries, including emotional distress. This was emphasized in a recent federal court decision in which the court held that an employee could not pursue claims for intentional infliction of emotional distress or false…
People hurt while working have the right to expect reasonable accommodations and protection from discriminatory termination. Sadly, however, it is not uncommon for employers to fire injured workers for asserting their rights. As demonstrated in a recent Massachusetts case, such action typically warrants grounds for pursuing civil claims. If you…
Under Massachusetts law, general contractors can face liability for workplace injuries involving subcontractors’ employees, especially when subcontractors lack proper workers’ compensation coverage. It is not uncommon for parties to attempt to avoid liability, however, by claiming they have statutory immunity. In a recent case, a Massachusetts court highlighted the nuanced…
When employees suffer injuries at work, workers’ compensation laws ensure they have access to medical care and benefits. Disputes over the extent and cause of injuries can complicate claims; however, as highlighted in a recent Massachusetts case, credibility and the evidentiary weight of impartial medical examinations are important in determining eligibility…
In Massachusetts, workers injured on the job may pursue compensation for their injuries under the Workers’ Compensation Act. However, issues of liability can arise when an employee seeks to hold a parent corporation responsible for a workplace accident at its subsidiary. A recent court decision clarified the extent of such…
Under Massachusetts’ Workers’ Compensation Act, workers injured on the job are entitled to workers’ compensation benefits based on their average weekly wages. However, disputes can arise over the calculation of these wages, particularly when an employee has concurrent employment in another state. Such was the issue in a recent Massachusetts…
Under the Massachusetts Workers’ Compensation Act (the Act), correction officers injured by acts of violence are entitled to special benefits in addition to workers’ compensation. These assault pay benefits, which cover the difference between a worker’s weekly compensation and their regular salary, were at the center of a recent legal…
The Massachusetts Workers’ Compensation Act (the Act) typically provides employees with the exclusive remedy for workplace injuries. However, the Act does not apply to all claims that may arise in connection with a person’s employment. For example, as demonstrated in a recent Massachusetts case, injuries sustained offsite while engaging in…