Pursuant to the Massachusetts Workers’ Compensation Act (the Act), people who sustain injuries while working are often able to recover benefits from their employers. While some benefits are paid on a weekly basis, in other instances, an employer will offer a lump sum to resolve an employee’s claims. Generally, lump-sum…
Articles Posted in Workers’ Compensation
Massachusetts Court Discusses Third-Party Liability for Work Accidents
People injured while working can often recover workers’ compensation benefits from their employers. Typically, however, they are precluded from pursuing civil claims against their employers pursuant to the Massachusetts Workers’ Compensation Act (the Act). In some cases, they may be able to recover damages from parties other than their employer,…
Court Examines Medical Benefits Under Massachusetts Workers’ Compensation Law
Pursuant to the Massachusetts Workers Compensation Act, employers have an obligation to provide employees that suffer work-related harm with medical benefits. Typically, such benefits include prescription medications. While the rules regarding medical benefits seem to be straightforward, workers’ compensation claims can become complicated when they involve drugs that are unlawful…
Massachusetts Court Analyzes the Intersection of Workers’ Compensation and Tort Claims
It is not uncommon for a person to suffer injuries while working due to the negligent acts of their coworker. In such instances, the injured party may seek to recover both workers’ compensation benefits and civil damages. Whether they are owed both depends on numerous factors, though, as discussed in…
Massachusetts Court Dicusses Firemen’s Eligibility for Benefits Following Work Injuries
Generally, the Massachusetts Workers’ Compensation Act provides that employees that suffer work-related harm can recover workers’ compensation benefits. There are some workers, however, that fall outside of the scope of the Act, like police officers and firefighters. Fortunately, numerous Massachusetts laws allow public servants to recover benefits that are akin…
Proving a Claim is Precluded by the Exclusivity Provision of the Workers’ Compensation Act
Generally, while people hurt on the job can recover workers’ compensation benefits under Massachusetts law, they are precluded from pursuing civil claims against their employers. As such, if an injured employee files negligence claims against their employer, the employer may respond by filing a motion to dismiss. When parties ask…
Massachusetts Court Discusses the Exclusivity of the Workers’ Compensation Act
It is well-established under Massachusetts law that the Worker’s Compensation Act (the Act) is the exclusive remedy for people who suffer work-related harm. It is not always clear, however, what constitutes harm as defined by the Act. Recently, a Massachusetts court addressed the question of whether the Act precluded an…
Court Discusses Evidence of Workers’ Compensation Claims in Personal Injury Matters
The Workers’ Compensation Act is the sole remedy for Massachusetts employees who sustain harm at work. In other words, they cannot pursue civil claims for damages against their employers for harm that they suffered at work. They can seek compensation from other parties that caused or contributed to their harm,…
Court Dismisses Civil Claims Related to the Administration of a Massachusetts Workers’ Compensation Case
People that suffer injuries at work do not always agree with their employers as to how their workers’ compensation claims should be handled. Merely because a party disagrees with the administration of their claim, though, does not mean that they have the right to pursue claims against their employer under…
Massachusetts Court Discusses Medical Benefits in Workers’ Compensation Cases
If you sustain harm in the workplace, you may be prescribed medication to treat your injuries and manage the pain. Pursuant to the Massachusetts Workers’ Compensation Act, employees who are injured on the job in are entitled not only to weekly wage loss benefits to replace their missed pay, but…