The Massachusetts Workers’ Compensation Act sets forth numerous rules regarding workers’ compensation claims and benefits for employees, employers, and insurance companies. If a party fails to comply with such rules and subsequently seeks intervention from the courts, their claim may be denied, as demonstrated in a recent Massachusetts case. If…
While people who recover benefits pursuant to the Massachusetts Workers’ Compensation Act cannot pursue claims against their insurers, they can often recover damages from other sources, including, in some instances, their personal insurance policies. Whether such damages will be offset by their worker’s compensation benefits depends on numerous factors, including,…
Generally, employers in Massachusetts carry workers’ compensation coverage to provide benefits for any employees who sustain injuries on the job. If employers fail to comply with the terms of their workers’ compensation policies, though, they may be canceled. A policy cannot be canceled without adequate notice, however, as discussed in…
It is not uncommon for people who are hurt on the job to ultimately resolve their workers’ compensation claims via settlement agreements. Generally, such agreements will not be set aside, with few exceptions, as discussed in a recent Massachusetts ruling. If you were injured at work, you may be owed…
The Massachusetts Workers’ Compensation Act grants injured employees the opportunity to seek compensation for workplace injuries, with the trade-off being the forfeiture of their ability to pursue tort claims against their employer due to the Act’s exclusivity provision. As explained in a recent Massachusetts ruling, this exclusivity provision not only…
People who are hurt while they are working generally can recover workers’ compensation benefits pursuant to the Massachusetts Workers’ Compensation Act (the Act). In some instances, they may be able to recover accidental disability retirement (ADR) benefits as well. The receipt of ADR benefits may impact their right to workers’…
The Massachusetts Workers’ Compensation Act (the Act) safeguards employees by prohibiting employers from taking adverse employment actions in retaliation against those seeking workers’ compensation benefits. If employers violate this provision, they may be liable for damages in tort to the affected employees. Recently, a Massachusetts court discussed what evidence a…
It is not uncommon for Massachusetts workers to be hurt on the job. Fortunately, the Massachusetts Workers’ Compensation Act (the Act) allows most people injured while working to recover workers’ compensation benefits. In exchange for that right, however, they are barred from seeking damages for work-related injuries from their employer…
In Massachusetts, public employees who are unable to work due to injuries sustained on the job can often recover accidental disability retirement benefits. As with workers’ compensation claims, however, they must demonstrate they sustained a personal injury during the performance of work duties in order to be eligible for such…
People hurt at work may be able to recover workers’ compensation benefits from their employer, but in exchange for such benefits, they are precluded from seeking damages in tort for their harm. Whether they are eligible to seek workers’ compensation benefits or civil damages depends, in part, on whether they…