The Massachusetts Workers’ Compensation Act (the Act) provides employees with the right to seek benefits for workplace injuries that impact their ability to work, including partial incapacity benefits for injuries that diminish a worker’s earning capacity. To qualify for these benefits, however, an injured worker must show that their work-related…
The Massachusetts Workers’ Compensation Act (the Act) provides employees throughout the Commonwealth with the right to pursue benefits for illnesses or injuries that arise in the scope of employment. In exchange for that right, though, the Act bars people from pursuing tort claims from their employers, as discussed in a…
The Massachusetts Workers’ Compensation Act (the Act) provides employees with the right to seek benefits from their employers for workplace harm, but in exchange for that right, they are barred from pursuing personal injury claims against their employers. Generally, insurers provide such benefits and defend employers in any lawsuits arising…
In Massachusetts, the Workers’ Compensation Act (the Act) dictates that employers must pay employees hurt while performing job duties benefits. Typically, such benefits are actually paid by insurers, not the employers themselves. In such instances, it is not uncommon for an insurer to withhold disability payments to offset workers’ compensation…
The Massachusetts Workers’ Compensation Act (the Act) protects Massachusetts employees in that it allows them to recover benefits if they are injured while working. The Act is the sole remedy for such injuries, meaning employees hurt on the job cannot pursue personal injury claims for their losses. A key factor…
In Massachusetts, the Workers’ Compensation Trust Fund (WCTF) is a statutory entity that reimburses insurers for some workers’ compensation benefits paid pursuant to Massachusetts’ Workers’ Compensation law. This includes payments made to previously injured employees who suffer further work-related injuries pursuant to demands that employers pay employees who sustain injuries…
Massachusetts’ Workers’ Compensation law demands that employers pay employees who sustain injuries while working benefits for their harm. A workers’ compensation claimant must demonstrate that they suffered an actual injury due to the nature of their work, which typically requires medical evidence. If a claimant fails to meet this burden…
Under Massachusetts’ Workers’ Compensation law, employers must provide workers’ compensation benefits for employees injured in the course and scope of performing job duties. Notably, Massachusetts law only requires such benefits for employees, not independent contractors; as such, the proper characterization of a worker is essential, as demonstrated in a recent…
Under Massachusetts’ Workers’ Compensation law, people who are hurt while working cannot recover damages in tort from their employer; they can recover them from third parties that contribute to their harm. In a recent Massachusetts case, a court debated whether an insurer had a right to settlement proceeds for pain…
Massachusetts’ Workers’ Compensation law is complex. As such, it is not surprising that the entities involved in issuing workers’ compensation insurance and benefits will often disagree over their rights and obligations and will seek intervention from the courts. For example, in a recent Massachusetts ruling, the court discussed the process…