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 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…
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…
While many Massachusetts employers provide their employees with a safe and respectful work environment, some do not. Fortunately, the law provides avenues through which people who suffer harm or injustices at work can seek justice. The laws regarding the process of seeking damages and benefits are strict, however. For example,…
It is well-established that the Massachusetts workers’ compensation act (the Act) affords people the right to recover benefits from their employers for work-related harm. If an employer or their insurer unjustly denies an employee benefits, the employee may be able to pursue claims against them. They must do so within…
Pursuant to the Massachusetts Workers’ Compensation Act (the Act), people who are hurt at work are typically barred from pursuing civil claims against their employers in exchange for the right to recover workers’ compensation benefits. The Act does not prohibit employees from seeking damages from other parties that may be…
It is not uncommon for people who sustain injuries while working to suffer harm that is not work-related as well. In such instances, it can be difficult to differentiate whether an employee’s permanent incapacity and wage loss constitute a basis for awarding workers’ compensation benefits and, if so, to what…
Pursuant to the Massachusetts Workers’ Compensation Act (the Act), people who sustain injuries while working are often able to recover benefits from their employers. While some benefits are paid on a weekly basis, in other instances, an employer will offer a lump sum to resolve an employee’s claims. Generally, lump-sum…
People involved in catastrophic workplace accidents often suffer not only physical harm but mental injuries as well. Thus, if they seek damages for their losses, they may have to undergo medical examinations to evaluate their physical and cognitive detriments. Typically, only physicians can conduct such examinations. Recently, a Massachusetts court…
People injured while working can often recover workers’ compensation benefits from their employers. Typically, however, they are precluded from pursuing civil claims against their employers pursuant to the Massachusetts Workers’ Compensation Act (the Act). In some cases, they may be able to recover damages from parties other than their employer,…