People injured at work have the right to pursue workers’ compensation benefits. In exchange for that right, however, the exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) bars them from seeking other damages for their injuries from their employers. In some cases, though, it is unclear whether a…
Articles Posted in Workers’ Compensation
Massachusetts Court Discusses Evidence In Workers’ Compensation Claims
Employees hurt while they are working can typically recover workers’ compensation benefits for their harm. Only injuries attributable to a workplace accident or conditions are compensable, though, and if a worker fails to establish the link between a work incident and their losses, they will most likely be denied benefits.…
Massachusetts Court Discusses Collateral Estoppel in Workers’ Compensation Cases
Under the Massachusetts Workers’ Compensation Act (the Act), employees hurt at work generally can recover workers’ compensation benefits. There are exceptions to the general rule, though, such as when the employee engaged in deliberate misconduct that led to their harm. In a recent matter, the court addressed the issue of…
Massachusetts Court Discusses Shifting Burdens in Workers’ Compensation Retaliation Claims
The Massachusetts Workers’ Compensation Act (the Act) not only grants employees the right to recover benefits from their employers in the event they suffer harm in the workplace but also protects them from retaliation for exercising such rights. An employee that experiences adverse employment actions after filing a workers’ compensation…
Court Explains Workers’ Compensation Retaliation Claims in Massachusetts
The Massachusetts Workers’ Compensation Act (the Act) prohibits employers from retaliating against employees who seek workers’ compensation benefits in the form of adverse employment action. As such, employers that violate the retaliation provision may be civilly liable to the employee for damages. As shown in a recent Massachusetts ruling, in…
Massachusetts Court Discusses Settlements in Workers’ Compensation Cases
People that sustain injuries in accidents on their work premises can often recover workers’ compensation benefits. While their employers bear the responsibility of paying such benefits, in most instances, the employee is actually compensated by the employers’ insurer. If the injured employee subsequently files a third-party claim for damages arising…
Massachusetts Court Examines Third Party Liability for Work Accidents
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,…
Massachusetts Court Discusses Workers’ Compensation Retaliation Claims
Pursuant to the Massachusetts Workers’ compensation Act (the Act), employees that sustain work related harm have the right to recover workers’ compensation benefits. Unfortunately, it is not uncommon for employers who have to pay such benefits to retaliate against their injured employees by terminating them or changing the terms of…
Massachusetts Court Discusses a Suspended Worker’s Right to Workers’ Compensation Benefits
Pursuant to the Massachusetts Workers’ Compensation Act (the Act), employees who are hurt on the job are eligible to receive workers’ compensation benefits that cover the cost of their medical care and compensate them for lost wages. As explained in a recent Massachusetts ruling, such benefits may be recoverable regardless…
Massachusetts Court Rejects Independent Contractor’s Claim for Workers’ Compensation Benefits
The Massachusetts Workers’ Compensation Act (the Act) protects employees in that it allows them to recover workers’ compensation benefits following workplace injuries. It is important to note, however, that only employees are afforded such rights. In other words, independent contractors, volunteers, and other non-employee workers cannot recover benefits under the…