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…
Articles Posted in Workers’ Compensation
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…
Massachusetts Court Discusses the Coming and Going Doctrine in Workers’ Compensation Cases
The Massachusetts workers’ compensation system is intended to assist injured workers with the costs and hardships that arise as a result of an on-the-job accident. However, benefits are only available to employees harmed while performing their job obligations. When an accident occurs while the employee is on their way to…
Massachusetts Court Discusses Permanently Disabilities in Workers’ Compensation Cases
Workplace injuries can, in certain situations, be cured with adequate rest and therapy. In some cases, though, a workplace injury is serious enough to result in lasting disabilities. The Massachusetts workers’ compensation system is intended to compensate employees for lost pay and reimburse them for medical expenses while they recover.…
Massachusetts Court Discusses Reached Maximum Medical Improvement
The Massachusetts workers’ compensation system is intended to reimburse people injured on the job for missed wages as well as any reasonable and necessary medical expenses. Some workplace injuries heal over time, but others leave the victim disabled and in pain for the rest of their lives. In a workers’…
Massachusetts Court Discusses Workers’ Compensation Benefits for Mental Harm
Typically, Massachusetts employees who suffer harm due to workplace conditions have the right to recover workers’ compensation benefits. Harm includes not only physical injuries but also mental distress and trauma. There are some exceptions to the rule that psychological injuries are compensable, however, as demonstrated in a recent Massachusetts Ruling.…
Massachusetts Court Discusses Eligibility for Workers’ Compensation Benefits
In Massachusetts, employers are required to provide workers’ compensation benefits to employees who sustain work-related harm, pursuant to the Massachusetts Workers’ Compensation Act (the Act). While generally it is clear whether an employee qualifies for benefits under the Act, in some cases, an employee’s rights are less certain. For example,…