Generally, when public employees suffer injuries in a work incident that renders them unable to work, they can seek accidental disability retirement benefits. If their employer argues that the harm in question predated their accident, however, it may be challenging for them to recover benefits. Recently, a Massachusetts court discussed…
Employees hurt on the job can often recover workers’ compensation benefits. In order to demonstrate benefits are warranted, they must, in part, show that they suffered a work-related injury, which can be challenging in cases in which the claimant had pre-existing injuries. In a recent Massachusetts ruling, a court explained…
The Massachusetts Workers’ Compensation Act provides that employees hurt at work can recover benefits for their injuries. In exchange for such rights, however, they waive the right to pursue claims in tort against their employer pursuant to the exclusivity provision of the Act. As explained in a recent Massachusetts ruling,…
Workers’ compensation benefits awards are typically calculated based on an employee’s average weekly wage at the time of their injury as well as their medical expenses. While such benefits awards are typically appropriate, in some cases, they may be inaccurate, and if an error results in an overpayment, an employer…
Massachusetts’ Workers’ Compensation Act provides that people that suffer the loss of a loved one due to a work accident have the right to recover survivor benefits. As with employee claims for workers’ compensation benefits, survivors must demonstrate that the harm that led to their loved one’s death was work-related.…
Pursuant to Massachusetts law, people hurt while working can often recover workers’ compensation benefits from their employer. Such benefits are meant, in part, to compensate the employee for the loss of income they suffered due to their injuries; in other words, they represent lost wages. As such, if a person…
Under Massachusetts law, employers are required to provide employees that sustain injuries at work with workers’ compensation benefits. Unfortunately, however, employers do not always uphold their obligations and will attempt to avoid paying benefits by arguing that an employee did not sustain significant harm. This was illustrated in a recent…
Many people who suffer injuries on the job are ultimately unable to return to work. In such instances, they may be able to obtain workers’ compensation benefits to make up for their lost wages. If they receive other benefits or compensation from their employer while they are on leave for…
It is not uncommon for people to suffer harm at work. While such harm is generally caused by accidents, it can be brought about by intentional acts as well. Regardless of the source of workplace injuries, the Massachusetts Workers’ Compensation Act permits employees hurt on the job to recover benefits.…
While most people injured on the job will seek workers’ compensation benefits pursuant to a state workers’ compensation act, federal employees may pursue benefits for their harm under the Federal Employee Liability Act (FELA). Whether a court can exercise jurisdiction over a FELA claim depends on numerous factors, including their…