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…
Articles Posted in Workers’ Compensation
Massachusetts Court Discusses Credibility in Workers’ Compensation Claims
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…
Massachusetts Court Explains Third-Party Liability for Workplace Injuries
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…
Massachusetts Court Discusses Average Weekly Wages in Workers’ Compensation Cases
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…
Massachusetts Court Discusses Deadlines in Workers’ Compensation Claims
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…
Massachusett Court Declines to Find Claim Falls Under the Workers’ Compensation Act
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…
Massachusetts Court Dicusses Eligibility for Workers’ Compensation Death Benefits
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…
Massachusetts Court Dicusses Earning Capacity Determinations in Workers’ Compensation Cases
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…
Massachusetts Curt Discusses Exclusivity Provisions of the Workers’ Compensation Act
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…
Massachusetts Court Explains Retaliation for Filing Workers’ Compensation Claims
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.…