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Articles Posted in Workers’ Compensation

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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…

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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…

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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…

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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…

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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…

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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.…

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Massachusetts Court Discusses Personal Injury Claims for Workplace Injuries

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.…

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Massachusetts Court Discusses Benefits for Reduced Work Capacity

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…

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Court Discusses the Exclusivity Provision of the Massachusetts Workers’ Act

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…

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Massachusetts Court Discusses Personal Injury vs Workers’ Compensation Claims

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…

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