In Massachusetts, public employees who are unable to work due to injuries sustained on the job can often recover accidental disability retirement benefits. As with workers’ compensation claims, however, they must demonstrate they sustained a personal injury during the performance of work duties in order to be eligible for such…
In exchange for the right to recover worker’s compensation benefits, the Massachusetts Workers’ Compensation Act (the Act) generally precludes employees from pursuing civil claims for bodily harm against their employers. They can pursue claims against other parties that contributed to or caused their injuries, however. As with any civil claim,…
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,…
Under Massachusetts law, employers can be held vicariously liable for harm caused by their employees in the performance of job duties. Currently, though, the law does not allow for the imposition of liability on an employer for the negligence of an independent contractor. The limit of Massachusetts’s vicarious liability law…
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…
Fast food restaurants handle a high number of customers per day, and it is not uncommon for there to be debris or spills on their floors. It seems inevitable, then, that people would be injured in slip and fall accidents in their establishments. In many instances, a person injured in…
In many personal injury matters involving a defective product, it is not immediately evident to the injured party who is ultimately responsible for the harm suffered. Thus, in some cases, the defendant will join another party as an additional defendant based on information unknown to the plaintiff and will argue…
In many instances, a person injured by a harmful product will live in a different state than the company that manufactured the product. As such, if the injured party decides to file a lawsuit against the manufacturer for damages, it may be able to file the case in federal court.…
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…