In Massachusetts, people hurt while working will typically seek workers’ compensation benefits. While employees that sustain work-related injuries can generally recover such benefits, different rules apply for land-based and water-based employees. Thus, an employee cannot recover benefits under both sets of rules, as explained in a recent Massachusetts case. If…
Massachusetts Injury Lawyers Blog
Massachusetts Courts Discuss Independent Contractors Versus Employees
The Massachusetts Workers Compensation Act (the Act) provides that employees injured at work can recoup workers’ compensation benefits, but are barred from pursuing tort claims against their employers for workplace harm. As such, whether a party is able to pursue negligence claims against the entity they work for depends on…
Massachusetts Court Discusses Evidence that Harm is Work-Related
The Massachusetts workers’ compensation Act (the Act) grants employees the right to recover benefits for work injuries. In order to recover such benefits, though, they must prove that their harm is work-related. In other words, injuries caused by other factors are not compensable, as discussed in a recent Massachusetts case.…
Massachusetts Court Dicusses Tort Claims Against Employers
In Massachusetts, people hurt at work can typically recover workers’ compensation benefits from their employer. The right to recover such benefits precludes them from pursuing tort claims for their harm, however. The parameters of the Massachusetts Workers’ Compensation Act (the Act) was the topic of a recent Massachusetts ruling in…
Court Explains the Massachusetts Workers’ Compensation Act’s Exclusivity Terms
Pursuant to the Massachusetts Workers’ Compensation Act, employees that suffer injuries while working have the right to seek medical and disability benefits. In exchange for the right to recover such benefits, however, they are precluded from pursuing claims against their employers for damages arising from workplace injuries. As discussed in…
Court Penalizes Massachusetts Employer for Lack of Workers’ Compensation Insurance
Massachusetts law requires employers to provide or obtain workers’ compensation insurance. If they fail to do so, they may face significant penalties, including debarment or the cessation of all business operations. Recently, a Massachusetts court discussed the basis for debarment in a matter in which an employer argued that the…
Massachusetts Court Discusses Causality in Workers’ Compensation Claims
While some workplace injuries cause immediate symptoms, others do not cause pain until well after the injury occurred. In such instances, it can be difficult to prove that the injury is compensable under the Workers Compensation Act. The key inquiry in cases involving enduring injuries is whether the harm in…
Massachusetts Court Examines Grounds for Discontinuing Incapacity Benefits
It is not uncommon for people to suffer injuries in slip-and-fall accidents in the workplace. People who sustain such harm may be entitled to workers’ compensation benefits. If it is later determined that their injuries have resolved, however, their benefits may be discontinued. Recently, a Massachusetts court discussed grounds for…
Massachusetts Court Discusses Claims Barred by the Workers’ Compensation Act
The two key components of the Massachusetts Workers’ Compensation Act (the Act) are the protections it offers employers who suffer injuries while working and the prohibitions against those same employees seeking damages in tort actions against their employers. The courts broadly construe the exclusivity provision of the Act and will…
Massachusetts Court Discusses Immigration Status in Workers’ Compensation Claims
People who suffer injuries in workplace accidents can often recover benefits pursuant to the Massachusetts Workers’ Compensation Act (the Act). While the Act typically prohibits them from pursuing civil actions against their employers for their injuries, they may be able to recover damages from third parties. Notably, employees have the…