While the Massachusetts Workers’ Compensation Act (the Act) allows people to recover benefits if they are harmed at work, it requires them to waive the ability to pursue personal injury claims against their employers in exchange for such rights. Instead, the exclusivity provision of the Act provides that the Act…
Massachusetts Injury Lawyers Blog
Court Explains How To Establish an Injury is Work-Related Under Massachusetts Law
Under Massachusetts law, employees who suffer work-related injuries can often recover workers’ compensation benefits from their employers. Only injuries that arise out of and in the course of employment are compensable, however. As such, if a claimant cannot establish that the harm they suffered is work-related, their claim for benefits…
Massachusetts Court Discusses Determining if the Workers’ Compensation Act Precludes a Civil Claim
People who are treated adversely at work will often pursue civil claims against their employers. While they are generally permitted to do so, depending on the nature of their claims, they may be precluded by the Massachusetts Workers’ Compensation Act (the Act). For example, the exclusivity provisions of the Act…
Massachusetts Court Discusses Information Discoverable in Car Accident Cases
Many Massachusetts residents regularly use ride-sharing apps to travel from one point to another. Ride-share drivers, like all Massachusetts motorists, have a duty to drive in a safe manner. Regardless, they do not always uphold their duties and frequently cause crashes. People injured in accidents with ride-sharing drivers can usually…
Massachusetts Court Discusses Civil Claims for Harm Suffered at Work
People who suffer injuries at work can often recover workers’ compensation benefits. Typically, though, they cannot pursue any other civil claims against their employers. This preclusion extends not only to claims arising out of bodily harm but also to those seeking damages for emotional trauma. Recently, a Massachusetts court discussed…
Massachusetts Court Discusses Assault Pay for Workers Injured in Prisons
Generally, Massachusetts law limits people injured at work to the recovery of workers’ compensation benefits. In some professions, though, a person injured in the line of duty may be able to recover additional compensation. This was illustrated in a recent Massachusetts case in which the court found that a police…
Massachusetts Court Discusses Indemnification Claims in the Context of Workers’ Compensation
Under Massachusetts law, employees who suffer injuries in the workplace can often recover workers’ compensation benefits pursuant to the Massachusetts Workers’ Compensation Act (the Act). In exchange for such statutory protections, they lose the right to seek civil damages from their employers for personal injuries. They can, however, seek compensation…
Court Discusses Workers’ Compensation Laws and Federal Employers
Generally, workers’ compensation laws are enacted by state rather than federal legislatures. This does not mean that state workers’ compensation laws do not apply to federal employers. As noted in a recent ruling issued by the United State Supreme Court, however, a state workers’ compensation statute cannot treat the federal…
Massachusetts Court Discusses the Exclusivity Provision of the Workers’ Compensation Act
Massachusetts employees who suffer workplace injuries can typically recover workers’ compensation benefits from their employers pursuant to the Massachusetts Workers’ Compensation Act (the Act). In exchange for the right to receive such benefits, however, they are generally precluded from pursuing civil claims for work-related injuries against their employers by the…
Massachusetts Court Explains Benefits Available to Boat Workers Injured at Work
Most Massachusetts employers have an obligation to provide employees who suffer injuries while working benefits. While in most cases, the benefits owed are pursuant to the Massachusetts Workers’ Compensation Act, in some instances, other rules apply. For example, pursuant to federal common law, boat owners have an obligation to provide…