In Massachusetts, if a person dies because of a work-related accident, the person’s family members can generally cover workers’ compensation benefits. The exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) extends to a deceased workers’ estate, however, which means that the estate cannot pursue civil claims against the…
People who sustain injuries in the workplace may be eligible to recover benefits under the Massachusetts Workers’ Compensation Act (the Act). In exchange for the right to such benefits, the Act bars injured employees from pursuing personal injury claims against their employers for harm caused by injuries that arise out…
The Massachusetts Workers’ Compensation Act is the sole remedy for employees who suffer injuries, which means they have the right to recover benefits but are generally precluded from pursuing civil lawsuits against their employers. They can seek damages via civil claims against other parties, however. In some instances, a party…
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…
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 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…
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 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…
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…
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…