People injured while working on or near navigable waters may be entitled to disability benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The Act provides a structured framework to ensure that qualifying employees receive financial assistance after a workplace injury. One critical issue in determining the amount of…
Families who lose a loved one in a workplace accident often feel a natural desire to pursue justice through the courts. Yet, under Massachusetts law, many of these claims are barred by the exclusivity provisions of the Workers’ Compensation Act. These provisions are designed to ensure uniform remedies but can…
Employees who experience harassment in the workplace may understandably wish to pursue a variety of legal remedies. However, Massachusetts law provides carefully structured statutory schemes that limit the avenues for relief. A recent decision from a Massachusetts court demonstrates how exclusivity provisions in the Workers’ Compensation Act can block employees…
Victims of sexual harassment or assault in the workplace often feel entitled to pursue every legal avenue against their employer. However, Massachusetts law channels such claims into specific statutory schemes, leaving little room for common law actions. A recent Massachusetts decision highlights how the exclusivity provisions of the Workers’ Compensation…
When an employee is injured at or near their workplace, one of the first questions that arises is whether the injury is covered under the Massachusetts Workers’ Compensation Act. The Act provides a comprehensive and exclusive system of remedies for injuries occurring in the course of employment. A recent decision…
When an injured worker seeks insurance benefits after a serious accident, the expectation is that coverage will provide timely and adequate support for medical care and recovery. Unfortunately, disputes over insurance obligations can create additional hardship for workers already facing devastating injuries. A recent Massachusetts decision highlights how courts review…
When an employee is injured or harassed in the workplace, one of the first questions that arises is whether the claim belongs in the workers’ compensation system or in civil court. Massachusetts law generally requires employees to pursue remedies for workplace injuries through the Workers’ Compensation Act, which provides benefits…
When a worker is injured on the job, the Massachusetts Workers’ Compensation Act generally provides the exclusive remedy against the employer. Questions sometimes arise, however, when a staffing agency places a worker at a company’s site, raising issues of who qualifies as the employer and whether the host company is…
The Massachusetts Workers’ Compensation system includes two distinct statutory safety nets designed to ensure benefit continuity for injured workers: the Massachusetts Insurers Insolvency Fund (Insolvency Fund) and the Workers’ Compensation Trust Fund (Trust Fund). In cases involving uninsured employers and insolvent insurers, disputes may arise over which fund must assume…
In Massachusetts, disputes involving the Workers’ Compensation Trust Fund (the Fund) often hinge on strict compliance with statutory procedures and limitations periods. Insurers that pay benefits on claims involving uninsured employers may later seek reimbursement from the Fund, but the process requires timely and complete documentation. A recent decision from…