When people die from injuries sustained at work, their surviving family members can often recover workers’ compensation benefits, including adjustments for the cost of living. Usually, such benefits are not actually paid by the deceased person’s employer but by their employer’s workers’ compensation insurer. In some cases in which multiple…
Employees who sustain injuries in the workplace have the right to seek workers’ compensation benefits from their employers. Some employers will begrudgingly pay such benefits but then will retaliate against their employees for seeking such benefits. Employers who are terminated for seeking workers’ compensation benefits have a right to pursue…
The Massachusetts Workers’ Compensation Act (the Act) provides the sole remedy for parties who suffer injuries arising out of the course and scope of their employment. There are exceptions to the exclusivity provision of the Act, however, that allow employees to pursue civil claims against their employers. The exceptions to…
Massachusetts, like many states, enacted a Workers’ Compensation Act (the Act) that grants employees injured at work the right to recover benefits. The Act bars employees from pursuing civil claims against their employers, however. While employers will often assert that the exclusivity provision of the Act bars civil claims, it…
In Massachusetts, people hurt at work are limited in terms of recovery for their losses. Specifically, while work-related harm garners them the right to recover workers’ compensation benefits, it is at the exclusion of other civil damages pursuant to the provisions of the Massachusetts Workers’ Compensation Act (the Act). If…
In Massachusetts, if a person dies because of a work-related accident, the person’s family members can generally cover workers’ compensation benefits. The exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) extends to a deceased workers’ estate, however, which means that the estate cannot pursue civil claims against the…
People who sustain injuries in the workplace may be eligible to recover benefits under the Massachusetts Workers’ Compensation Act (the Act). In exchange for the right to such benefits, the Act bars injured employees from pursuing personal injury claims against their employers for harm caused by injuries that arise out…
The Massachusetts Workers’ Compensation Act is the sole remedy for employees who suffer injuries, which means they have the right to recover benefits but are generally precluded from pursuing civil lawsuits against their employers. They can seek damages via civil claims against other parties, however. In some instances, a party…
People who are hurt at work are often eligible to recover workers’ compensation benefits for their losses. It is not uncommon, however, for employers to argue that injured employees should not be granted benefits because their harm did not arise at work. An employer that fails to set forth such…
While most people think of workers’ compensation claims as arising out of bodily injuries, claimants can also seek benefits for illnesses they develop due to workplace conditions. In many cases, occupational illnesses take years to develop, and it can be difficult to demonstrate a causal link between a workplace and…