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Articles Posted in Workers’ Compensation

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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…

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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…

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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…

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Massachusetts Court Discusses Determination of Total Disability in Workers’ Compensation Claims

Workplace injuries not only cause physical harm, they often inhibit a person’s ability to earn an income as well. Most employers carry workers’ compensation insurance, however, which provide wage loss benefits to employees injured in the workplace in certain instances. As recently explained by the Appeals Court of Massachusetts, however,…

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Massachusetts Court Rules Injured Parties Can Pursue Workers’ Compensation and Tort Claims

Under the Massachusetts workers’ compensation act, if a person is injured at work he or she can seek workers’ compensation benefits. Even if a person recovers benefits, he or she is still permitted to file a third-party negligence claim against the individual that caused his or her harm, as illustrated…

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Reviewing Board Explains Difference Between Wear and Tear and Compensable Injuries in Massachusetts Workers’ Compensation Claims

Work-related injuries don’t always arise from accidents but can be caused by repetitive use. Proving that a repetitive use injury is work-related can be complicated, and employers will often try to avoid paying workers’ compensation benefits by arguing an injury was caused by wear and tear rather than conditions encountered…

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Massachusetts Reviewing Board Holds Hearing Judge Erred in Expanding the Parameters of a Workers’ Compensation Claim Beyond Disputed Issues

In workers’ compensation disputes it is common for the claimant and employer to agree on some issues and disagree on others. In a hearing to determine whether a claimant is entitled to workers’ compensation benefits, only disputed issues should be considered and ruled upon by the hearing judge. In Milton…

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Massachusetts Industrial Accidents Reviewing Board Rules Precise Wording is Not Necessary for an Expert Report to Adequately State No Injury Arose Out of Employment

In analyzing whether an employee suffered a work-related injury, it is common for an employer’s workers’ compensation insurer to require an employee to undergo a medical examination, after which the examining physician will issue a report. The physician report can make or break an employee’s case, depending on whether or…

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Massachusetts Court of Appeals Holds Employer Liable for Workers’ Compensation Benefits for an Illness Diagnosed After Employment Ended

While most illnesses are apparent at the time of onset, many work-related illnesses are not diagnosed for several years. If you contracted an illness due to your employment, you should be entitled to recover compensation regardless of when the illness became apparent. In Jones’s Case (Gregory B. Jones vs. NSTAR &…

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Massachusetts Workers’ Compensation Law Requires Proof of Inability to Earn Wages to Show Permanent Disability

While many injuries sustained at work are minor, some workplace injuries cause permanent disabilities that leave the injured employee unable to earn a living. Under Massachusetts workers’ compensation law, you must prove that you are unable to earn wages of any kind to show that you are permanently disabled. If…

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