The Massachusetts Workers’ Compensation Act (the Act) protects Massachusetts employees in that it allows them to recover benefits if they are injured while working. The Act is the sole remedy for such injuries, meaning employees hurt on the job cannot pursue personal injury claims for their losses. A key factor…
In Massachusetts, the Workers’ Compensation Trust Fund (WCTF) is a statutory entity that reimburses insurers for some workers’ compensation benefits paid pursuant to Massachusetts’ Workers’ Compensation law. This includes payments made to previously injured employees who suffer further work-related injuries pursuant to demands that employers pay employees who sustain injuries…
Massachusetts’ Workers’ Compensation law demands that employers pay employees who sustain injuries while working benefits for their harm. A workers’ compensation claimant must demonstrate that they suffered an actual injury due to the nature of their work, which typically requires medical evidence. If a claimant fails to meet this burden…
Under Massachusetts’ Workers’ Compensation law, employers must provide workers’ compensation benefits for employees injured in the course and scope of performing job duties. Notably, Massachusetts law only requires such benefits for employees, not independent contractors; as such, the proper characterization of a worker is essential, as demonstrated in a recent…
Under Massachusetts’ Workers’ Compensation law, people who are hurt while working cannot recover damages in tort from their employer; they can recover them from third parties that contribute to their harm. In a recent Massachusetts case, a court debated whether an insurer had a right to settlement proceeds for pain…
Massachusetts’ Workers’ Compensation law is complex. As such, it is not surprising that the entities involved in issuing workers’ compensation insurance and benefits will often disagree over their rights and obligations and will seek intervention from the courts. For example, in a recent Massachusetts ruling, the court discussed the process…
In Massachusetts and in most other states, the workers’ compensation law dictates that employees who sustain work-related injuries can pursue workers’ compensation benefits from their employers. In exchange for that right, though, they are barred from pursuing tort claims for any harm that occurs within the scope of their employment.…
It is well-established under Massachusetts law that employees hurt while working can recover workers’ compensation benefits from their employers. In practice, the employer’s workers’ compensation insurer will typically provide such benefits. As such, when more than one insurer covers an employer, it may be unclear which one is responsible for…
Under the Massachusetts Workers’ Compensation Act, employees can recover workers’ compensation benefits if they are hurt while on the job. In exchange for that right, though, they lose the ability to pursue civil claims against their employers. Recently, a Massachusetts court addressed whether employees could bypass the exclusivity portion of…
Under Massachusetts law, employers have a duty to provide workers’ compensation benefits to injured employees. As such, they must either carry workers’ compensation insurance or qualify as self-insurers. If they do not, they may face civil claims, as discussed in a recent Massachusetts ruling. If you sustained injuries while working,…