People injured while working can often recover workers’ compensation benefits from their employers. Typically, however, they are precluded from pursuing civil claims against their employers pursuant to the Massachusetts Workers’ Compensation Act (the Act). In some cases, they may be able to recover damages from parties other than their employer,…
In Massachusetts, people injured in the workplace are generally precluded from filing negligence actions against their employers pursuant to the Workers’ Compensation Act. They may be able to seek damages from other parties who caused or contributed to their harm, though, as long as they have not otherwise waived the…
Generally, people who are injured at work are barred from pursuing claims against their employer by state workers’ compensation laws. There are some exceptions, though, that will allow parties to file lawsuits alleging their employers negligently caused them to suffer harm and should be held accountable for their losses, such…
People who are unable to work due to a mental or physical illness may be able to recover Social Security Disability benefits. Whether benefits are granted hinges on whether the Commissioner of the Social Security Administration deems the applicant disabled. In some instances, there will be multiple conflicting sources of…
Tragic accidents that cost people their lives sadly occur frequently throughout Massachusetts. In many instances, such incidents are caused by dangerous conditions the deceased party encountered on another person’s property. Simply because an unsafe condition exists in close proximity to where a person died, however, does not mean the condition…
Many airlines that service Massachusetts offer international travel. Thus, if a person is injured while traveling by air or disembarking a plane, it may be unclear whether the airline may be liable under United States law. In many instances, the Montreal Convention applies, and a plaintiff must prove certain elements…
Typically, discovery is conducted after a plaintiff files a lawsuit. In some cases, though, a plaintiff who does not have enough information to adequately institute claims against a defendant may file a complaint for discovery. This will allow the plaintiff to obtain the evidence needed to determine whether there is…
Under Massachusetts law, when a person dies in an accident, the person’s estate will often seek damages from the parties that may have caused the events leading up to the person’s death. Simply because an accident occurred does not necessarily mean that a party will be deemed liable, however. This…
While most negligence cases are ultimately resolved based upon the merits of the plaintiff’s claims, some cases are dismissed on procedural grounds. Even if a person’s claims are dismissed due to the failure to comply with the statutory rules, however, relief may be available via a motion to vacate in…
It is not uncommon for a business to hire a company to clean and perform maintenance on the business premises. In such instances, a dispute may arise as to which party is liable if a person subsequently suffers injuries in a slip and fall accident caused by an improperly cleaned…