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…
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…
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…
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…
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…
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…
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…
The Massachusetts Workers’ Compensation Act sets forth numerous rules regarding workers’ compensation claims and benefits for employees, employers, and insurance companies. If a party fails to comply with such rules and subsequently seeks intervention from the courts, their claim may be denied, as demonstrated in a recent Massachusetts case. If…
While people who recover benefits pursuant to the Massachusetts Workers’ Compensation Act cannot pursue claims against their insurers, they can often recover damages from other sources, including, in some instances, their personal insurance policies. Whether such damages will be offset by their worker’s compensation benefits depends on numerous factors, including,…
Generally, employers in Massachusetts carry workers’ compensation coverage to provide benefits for any employees who sustain injuries on the job. If employers fail to comply with the terms of their workers’ compensation policies, though, they may be canceled. A policy cannot be canceled without adequate notice, however, as discussed in…