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Articles Posted in Workers’ Compensation

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Massachusetts Court Discusses What Constitutes Work-Related Harm

People who suffer injuries during the course and scope of their employment can often recover benefits for their medical expenses under the Massachusetts Workers’ Compensation Act (the Act). Notably, the act covers harm that occurs during the performance of any normal job duties, even if they seem atypical. This was…

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Court Discusses Preclusion of Claims Under Massachusetts’ Workers’ Compensation Act

The Massachusetts Workers’ Compensation Act (the Act) protects employees in that it allows them to seek compensation for workplace injuries. In exchange for that right, the Act precludes them from pursuing tort claims against their employers for work-related harm. As discussed in a recent Massachusetts case, however, it does not…

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Court Explains the Exclusivity Provision of the Massachusetts Workers’ Compensation Act

The Massachusetts Workers’ Compensation Act (the Act) serves as the exclusive avenue for employees to recover benefits for injuries sustained in the workplace. While the Act provides a comprehensive framework for obtaining compensation for work-related harm, it also precludes employees from pursuing traditional tort claims. As explained in a recent…

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Massachusetts Court Explains Recoverable Workers’ Compensation Benefits

Under Massachusetts’s Workers’ Compensation Act (the Act), most employers are required to provide workers’ compensation benefits for employees who suffer injuries while working. Typically, employers obtain workers’ compensation insurance to ensure they can pay such benefits if necessary. If an injured employee receives workers’ compensation benefits under the terms of…

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Court Explains Choice of Law in Massachusetts Workers’ Compensation Cases

Most states, like Massachusetts, have a workers’ compensation act (the Act) that protects workers in the event of employment-related injuries by granting them the right to recover benefits. While in most cases, it is clear what state’s workers’ compensation laws apply, in others, it is less evident. This was demonstrated…

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Massachusetts Court Discusses General Employers in Workers’ Compensation Cases

The Massachusetts Workers’ Compensation Act (the Act) affords workers the right to recover benefits for work-related injuries or illnesses. However, this right comes with a trade-off. Specifically, in exchange for these benefits, workers are generally precluded from suing their employers in tort for damages. This legal framework is designed to…

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Massachusetts Court Examines Intervening Causes in Workers’ Compensation Cases

It is well-established that the Massachusetts Workers’ Compensation Act affords people the right to seek workers’ compensation benefits following workplace injuries. Issues in recovering such benefits can arise, however, if the employee suffers a second injury that is not work related. In a recent Massachusetts case, the court looked at…

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Massachusetts Court Discusses Workers’ Compensation Benefits for Parties with Prior Injuries

People involved in workplace accidents often suffer critical harm. If they suffer from a pre-existing condition prior to the accident, though, their employer may argue that their workplace injuries are not compensable. As long as their work injury constitutes a major cause of their deficits, however,  they have the right…

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Massachusetts Court Examines Grounds for Awarding Permanent Loss Benefits

Work place injuries often cause not only physical harm but also psychological trauma as well. In many instances, people who suffer enduring loss of function due to physical impairments may be able to recover permanent loss benefits. As explained in a recent Massachusetts case, the Department of Industrial Accidents has…

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Massachusetts Court Examines Workers’ Compensation Cost of Living Benefits

Pursuant to the Massachusetts Workers’ Compensation Act, employers must provide certain benefits to employees hurt at work, including cost of living benefits. In some instances, employers can seek reimbursement for such benefits from the Workers’ Compensation Fund. While the laws providing the right to seek such benefits do not indicate…

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