People who are hurt at work are often eligible to recover workers’ compensation benefits for their losses. It is not uncommon, however, for employers to argue that injured employees should not be granted benefits because their harm did not arise at work. An employer that fails to set forth such…
Articles Posted in Workers’ Compensation
Massachusetts Court Discusses Workers’ Compensation Benefits for Illnesses
While most people think of workers’ compensation claims as arising out of bodily injuries, claimants can also seek benefits for illnesses they develop due to workplace conditions. In many cases, occupational illnesses take years to develop, and it can be difficult to demonstrate a causal link between a workplace and…
Massachusetts Court Discusses Disability Status in Workers’ Compensation Cases
Massachusetts workers who are injured on the job are often entitled to workers’ compensation benefits. Depending on the nature and extent of their injuries, they may be owed not only medical benefits but also disability benefits. Generally, whether disability benefits are owed is based, in part, on whether a person…
Massachusetts Court Discusses Workers’ Compensation Reimbursement Under the Medical Marijuana Act
Employees that are hurt at work are generally entitled to medical benefits that cover the cost of any necessary treatment. In some cases, though, it may be disputed what is considered a required treatment or what a workers’ compensation insurer is obligated to cover. For example, in a recent opinion,…
Massachusetts Court Discusses Jurisdiction Over Out of State Injuries in Workers’ Compensation Claims
Massachusetts employees who are hurt while working are often eligible to recover compensation. There are certain prerequisites that must be met for harm to be compensable, however, and an employee that cannot demonstrate an injury is work-related may be denied benefits. Recently, a Massachusetts court addressed the issue of whether…
United States Bureau of Labor Statistics-Workplace Injuries
In its report dated November 4, 2020, the United States Bureau of Labor Statistics recorded an estimated 2.8 million non-fatal workplace injuries and illnesses in 2019 in the private industry sector. These estimates are from the Survey of Occupational Injuries and Illnesses (SOII). Manufacturing accounted for 15% of all private…
Massachusetts Court Discusses Evidence Needed to Show a Termination of Workers’ Compensation Benefits Was Improper
Workplace injuries are common, and in many instances, they render the injured parties unable to work. Frequently, however, people injured at work are entitled to workers’ compensation benefits. Generally, such benefits continue until an employee’s injuries resolve. In cases in which it is disputed whether symptoms are work-related, an employee’s…
Court Discusses Exclusivity of the Massachusetts Workers’ Compensation Act
If a person sustains injuries at work, he or she may be able to pursue benefits from his or her employer via a workers’ compensation claim. While in some cases a person may be able to seek damages through a personal injury lawsuit instead of a workers’ compensation claim, if…
Massachusetts Court Discusses When Travel Constitutes a Work-Related Activity for Workers’ Compensation Claims
Under Massachusetts law, if a person is injured in the course of his or her employment during an activity that arises out of his or her job, the person may be able to recover workers’ compensation benefits. Thus, if a person is injured traveling for his or her job, the…
Massachusetts Court Discusses Evidence Needed to Establish Causation in Workers’ Compensation Claims
In Massachusetts, when a person injured at work seeks workers’ compensation benefits, he or she must prove the elements of his or her claim, which includes establishing that his or her injury was caused by a work-related incident. Recently, the Appeals Court of Massachusetts discussed whether an administrative judge is…