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Articles Posted in Workers’ Compensation

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Court Discusses Negligence Claims and the Massachusetts Worker’s Compensation Act

Pursuant to the Massachusetts Workers’ Compensation Act (the Act), employees that suffer harm due to workplace conditions can seek workers’ compensation benefits from their employers. Generally, in exchange for the right to recover such benefits, they are barred from pursuing civil claims against their employers for such harm. They are…

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Massachusetts Court Examines Employee Benefits and Workers’ Compensation Claims

The Massachusetts Workers’ Compensation Act (the Act), protects Massachusetts employees in that it allows them to recover workers’ compensation benefits if they were injured while working. The right to recover such benefits impacts other claims, though. For example, it may affect an employee’s ability to pursue certain employment claims, as…

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Massachusetts Court Dicusses Work-Related Illnesses

The Massachusetts Workers’ Compensation Act (the Act) provides that people hurt at work have the right to seek benefits from their employer. Notably, this right extends not only to people hurt in accidents but also to those that develop illnesses or injuries due to exposure to harmful substances. Regardless of…

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Massachusetts Court Examines Employment for Purposes of Workers’ Compensation

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…

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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.…

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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…

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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…

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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…

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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…

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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,…

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