The Massachusetts Workers’ Compensation Act (the Act) provides that people hurt at work have the right to seek benefits from their employer. Notably, this right extends not only to people hurt in accidents but also to those that develop illnesses or injuries due to exposure to harmful substances. Regardless of…
People injured at work have the right to pursue workers’ compensation benefits. In exchange for that right, however, the exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) bars them from seeking other damages for their injuries from their employers. In some cases, though, it is unclear whether a…
Employees hurt while they are working can typically recover workers’ compensation benefits for their harm. Only injuries attributable to a workplace accident or conditions are compensable, though, and if a worker fails to establish the link between a work incident and their losses, they will most likely be denied benefits.…
Under the Massachusetts Workers’ Compensation Act (the Act), employees hurt at work generally can recover workers’ compensation benefits. There are exceptions to the general rule, though, such as when the employee engaged in deliberate misconduct that led to their harm. In a recent matter, the court addressed the issue of…
The Massachusetts Workers’ Compensation Act (the Act) not only grants employees the right to recover benefits from their employers in the event they suffer harm in the workplace but also protects them from retaliation for exercising such rights. An employee that experiences adverse employment actions after filing a workers’ compensation…
Pursuant to the Massachusetts Workers’ Compensation (the Act), people that suffer harm at work are generally eligible to recover workers’ compensation benefits. In exchange for the protections offered by the Act, though, they waive the right to pursue personal injury for damages from their employer. Notably, the Act precludes employees…
People who are unable to work because of physical or mental disabilities may be eligible to receive disability benefits from the Social Security Administration (SSA). The SSA will often deny a party’s initial claim for disability benefits. In many instances, such decisions are reversed on appeal, however, as demonstrated in…
The Massachusetts Workers’ Compensation Act (the Act) prohibits employers from retaliating against employees who seek workers’ compensation benefits in the form of adverse employment action. As such, employers that violate the retaliation provision may be civilly liable to the employee for damages. As shown in a recent Massachusetts ruling, in…
People that sustain injuries in accidents on their work premises can often recover workers’ compensation benefits. While their employers bear the responsibility of paying such benefits, in most instances, the employee is actually compensated by the employers’ insurer. If the injured employee subsequently files a third-party claim for damages arising…
In exchange for the right to recover worker’s compensation benefits, the Massachusetts Workers’ Compensation Act (the Act) generally precludes employees from pursuing civil claims for bodily harm against their employers. They can pursue claims against other parties that contributed to or caused their injuries, however. As with any civil claim,…