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,…
Workers’ compensation matters are often complicated and involve multiple insurers and parties from numerous states. As such, there are sometimes disputes as to which state’s laws apply. Recently, a Massachusetts court issued an opinion setting forth a choice of laws analysis in a workers’ compensation matter in which the parties…
Parties who disagree with the determination of a workers’ compensation court have the right to file an appeal. If they do not comply with the proper procedure, though, their appeals may be dismissed, regardless of whether they have merit. This was demonstrated in a recent ruling issued by a Massachusetts…
People who suffer injuries while on the job may be owed worker’s compensation benefits. Additionally, if their harm arose out of the negligence of a party other than their employer, they may be able to pursue civil claims for damages as well. In such instances, the defendant will often try…
Under Massachusetts law, people hurt at work have the right to seek workers’ compensation benefits from their employers. Some employers view employees that file workers’ compensation claims unfavorably, however, and will go so far as to terminate them for asserting their lawful rights. While employers who are fired for pursuing…
It is well-established that employees who suffer injuries while working typically can recover workers’ compensation benefits from their employers. Employers generally do not carry the risk of having to pay their employees such benefits, though. Instead, they usually purchase workers’ compensation insurance. If an employer fails to pay its insurance…
It is critical for people who suffer injuries at work to notify their employers of their harm as soon as possible. If they fail to do so, they may ultimately be denied workers’ compensation benefits. This was demonstrated in a recent Massachusetts ruling, in which the court affirmed a claimant’s…
The Massachusetts Workers’ Compensation Act (the Act) offers protection to employees in that it allows them to recover workers’ compensation benefits for harm sustained in the workplace. In exchange for the right to receive such benefits, however, the Act precludes employees from pursuing personal injury claims against their employers. Notably,…
The Massachusetts Workers’ Compensation Act (the Act) grants employees who suffer harm in the workplace the right to seek workers’ compensation benefits. The exclusivity provision of the Act generally precludes employees from pursuing personal injury claims against their employer, however. In other words, they are limited to recovering benefits under…
When people die from injuries sustained at work, their surviving family members can often recover workers’ compensation benefits, including adjustments for the cost of living. Usually, such benefits are not actually paid by the deceased person’s employer but by their employer’s workers’ compensation insurer. In some cases in which multiple…