While the Massachusetts Workers’ Compensation Act (the Act) allows people to recover benefits if they are harmed at work, it requires them to waive the ability to pursue personal injury claims against their employers in exchange for such rights. Instead, the exclusivity provision of the Act provides that the Act…
People who are treated adversely at work will often pursue civil claims against their employers. While they are generally permitted to do so, depending on the nature of their claims, they may be precluded by the Massachusetts Workers’ Compensation Act (the Act). For example, the exclusivity provisions of the Act…
People who suffer injuries at work can often recover workers’ compensation benefits. Typically, though, they cannot pursue any other civil claims against their employers. This preclusion extends not only to claims arising out of bodily harm but also to those seeking damages for emotional trauma. Recently, a Massachusetts court discussed…
Generally, Massachusetts law limits people injured at work to the recovery of workers’ compensation benefits. In some professions, though, a person injured in the line of duty may be able to recover additional compensation. This was illustrated in a recent Massachusetts case in which the court found that a police…
Generally, workers’ compensation laws are enacted by state rather than federal legislatures. This does not mean that state workers’ compensation laws do not apply to federal employers. As noted in a recent ruling issued by the United State Supreme Court, however, a state workers’ compensation statute cannot treat the federal…
Most Massachusetts employers have an obligation to provide employees who suffer injuries while working benefits. While in most cases, the benefits owed are pursuant to the Massachusetts Workers’ Compensation Act, in some instances, other rules apply. For example, pursuant to federal common law, boat owners have an obligation to provide…
While many Massachusetts employers provide their employees with a safe and respectful work environment, some do not. Fortunately, the law provides avenues through which people who suffer harm or injustices at work can seek justice. The laws regarding the process of seeking damages and benefits are strict, however. For example,…
It is well-established that the Massachusetts workers’ compensation act (the Act) affords people the right to recover benefits from their employers for work-related harm. If an employer or their insurer unjustly denies an employee benefits, the employee may be able to pursue claims against them. They must do so within…
Pursuant to the Massachusetts Workers’ Compensation Act (the Act), people who are hurt at work are typically barred from pursuing civil claims against their employers in exchange for the right to recover workers’ compensation benefits. The Act does not prohibit employees from seeking damages from other parties that may be…
It is not uncommon for people who sustain injuries while working to suffer harm that is not work-related as well. In such instances, it can be difficult to differentiate whether an employee’s permanent incapacity and wage loss constitute a basis for awarding workers’ compensation benefits and, if so, to what…