The Massachusetts Workers’ Compensation Act (the Act) provides that employees who suffer injuries arising out of their employment can recover benefits, including weekly wage replacement payments for dependents in cases of death. It can be challenging to recover such benefits in cases involving latent injuries, and significant gaps between exposure…
In Massachusetts, workers’ compensation is designed to provide financial relief for employees injured on the job. However, as a recent Massachusetts case illustrates, disputes regarding earning capacity assessments can arise during the claims process; as such, it is important that judges take a reasoned approach to such determinations. If you…
Under the Massachusetts Workers’ Compensation Act (the Act), employees are entitled to benefits and protections for injuries sustained at work. The Act, however, does not fully protect against all employment actions taken by employers, particularly in cases where accommodations are requested and subsequently denied due to job limitations. A recent…
The Massachusetts Workers’ Compensation Act (the Act) protects employees’ rights to pursue benefits for workplace injuries. However, while employees are shielded from retaliation for filing workers’ compensation claims, employers may legally investigate the legitimacy of such claims, as discussed in a recent Massachusetts case involving a claim for dental injury.…
Under the Massachusetts Workers’ Compensation Act (the Act), employees injured on the job are generally limited to seeking compensation through the workers’ compensation system, which provides a structured method for obtaining benefits but bars most personal injury claims against employers. This exclusivity can be challenged only under specific, narrow exceptions.…
The Massachusetts Workers’ Compensation Act (the Act) provides employees with the right to seek benefits for workplace injuries that impact their ability to work, including partial incapacity benefits for injuries that diminish a worker’s earning capacity. To qualify for these benefits, however, an injured worker must show that their work-related…
The Massachusetts Workers’ Compensation Act (the Act) provides employees throughout the Commonwealth with the right to pursue benefits for illnesses or injuries that arise in the scope of employment. In exchange for that right, though, the Act bars people from pursuing tort claims from their employers, as discussed in a…
The Massachusetts Workers’ Compensation Act (the Act) provides employees with the right to seek benefits from their employers for workplace harm, but in exchange for that right, they are barred from pursuing personal injury claims against their employers. Generally, insurers provide such benefits and defend employers in any lawsuits arising…
In Massachusetts, the Workers’ Compensation Act (the Act) dictates that employers must pay employees hurt while performing job duties benefits. Typically, such benefits are actually paid by insurers, not the employers themselves. In such instances, it is not uncommon for an insurer to withhold disability payments to offset workers’ compensation…
The Massachusetts Workers’ Compensation Act (the Act) protects Massachusetts employees in that it allows them to recover benefits if they are injured while working. The Act is the sole remedy for such injuries, meaning employees hurt on the job cannot pursue personal injury claims for their losses. A key factor…