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,…
People who suffer injuries at work can often recover workers’ compensation benefits. In some instances, though, an employer will take adverse action against an employee to avoid paying them such benefits. In such instances, the employee can pursue civil claims against the employer. In a recent Massachusetts workers’ compensation case,…
Massachusetts employers are required to provide workers’ compensation benefits to employees who suffer work-related injuries; however, independent contractors do not have the right to such benefits. Thus, a worker’s classification can impact their rights. However, it may not always be clear whether a worker is an employee or an independent…
Under the Massachusetts Workers’ Compensation Act (the Act), employers generally must give employees who sustain work-related harm workers’ compensation benefits. Employers must fulfill this duty regardless of whether a third party causes the harm in question, and the employer may not have recourse for pursuing claims against the third party…