Articles Posted in Workers’ Compensation

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 and suffering and loss of consortium, ultimately determining that they did not. If you experienced workplace harm, it is advisable to confer with a Massachusetts Workers’ Compensation lawyer promptly.

History of the Case

It is reported that the decedent was involved in a motor vehicle accident while he was working; he subsequently died five days later. The plaintiff, the executrix of the decedent’s estate, initiated a medical malpractice and wrongful death action against the hospital and physicians involved in his treatment. The case proceeded to arbitration, resulting in an unallocated $300,000 recovery for the plaintiff. Subsequently, the defendant, a workers’ compensation insurer, filed a statutory lien to recover the benefits paid to the decedent’s widow. The plaintiff filed for declaratory relief to invalidate the lien. The Superior Court ruled that the $300,000 was settlement proceeds and upheld the validity of the insurer’s lien.

Allegedly, the parties submitted their proposed allocations for judicial approval. The insurer suggested that $250,000 was subject to the lien, including allocations for loss of consortium and conscious pain and suffering. Conversely, the plaintiff’s proposal allocated amounts to categories exempt from the lien, leaving $18,951.51 for the insurer. A second judge found both proposals legally unsound, ruling that compensation for conscious pain and suffering and loss of consortium was not subject to the insurer’s lien. The judge ordered a resubmission of proposals with fair allocations to net income loss, to which the lien could attach. The plaintiff’s revised proposal was approved, allocating $100,000 to net expected loss of income, $100,000 to conscious pain and suffering, and $100,000 to loss of consortium for the decedent’s widow and son. The insurer appealed this decision. Continue reading →

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 of determining if an insurer can recover cost of living benefits from the Workers’ Compensation Trust Fund. If you suffered wounds while working, it is in your best interest to meet with a Massachusetts Workers’ Compensation lawyer to discuss your rights.

Factual and Procedural History

It is alleged that the plaintiff was an insurance company that issued workers’ compensation policies in Massachusetts and later went into liquidation. The company sought reimbursement for cost of living adjustments (COLA) made to individuals receiving workers’ compensation benefits. Under Massachusetts law, employers fund these COLA increases through annual assessments collected by insurers and then reimbursed by the Workers’ Compensation Trust Fund. The plaintiff faced financial issues, leading to the cessation of new policy issuance and a run-off period to manage existing policies. The company was placed into liquidation. During the run-off, the company stopped accumulating assessments from employers but continued paying benefits, including COLA.

In Massachusetts and in most other states, the workers’ compensation law dictates that employees who sustain work-related injuries can pursue workers’ compensation benefits from their employers. In exchange for that right, though, they are barred from pursuing tort claims for any harm that occurs within the scope of their employment. Recently, a Massachusetts court discussed what constitutes “in the scope of employment” in a case in which it ultimately found that the law precluded the plaintiff’s tort claims. If you were injured while working, you might be eligible to recover benefits, and you should meet with a Massachusetts Workers’ Compensation attorney.

Case Setting

It is alleged that both the plaintiff and defendant were California residents and employees of a technology company; they were on a multi-city business trip with another co-worker. Their employer arranged and paid for all travel, including airline, hotel, and rental car reservations. They arrived at the airport in Boston and decided to do some sightseeing before heading to their hotel in Burlington, Massachusetts. While the defendant was driving and the plaintiff was in the rear passenger seat, they got lost and ended up in Somerville, Massachusetts. The defendant ran a red light and collided with another vehicle, resulting in injuries to both the plaintiff and the occupants of the other vehicle.

It is well-established under Massachusetts law that employees hurt while working can recover workers’ compensation benefits from their employers. In practice, the employer’s workers’ compensation insurer will typically provide such benefits. As such, when more than one insurer covers an employer, it may be unclear which one is responsible for paying claims, as illustrated in a recent Massachusetts case. If you were hurt at work, it is wise to talk to a Massachusetts Workers’ Compensation attorney about your rights.

Factual and Procedural History

It is alleged that the employee, a Massachusetts resident, was hired by the employer in Massachusetts to work as a camp counselor and unit leader at a camp in New Hampshire during the summer of 1994. She sustained an injury in July while working at the camp, received treatment at a New Hampshire hospital, and was released the same day. The employer had two workers’ compensation insurance policies at the time: one covering New Hampshire claims, excluding Massachusetts claims, and one covering only Massachusetts claims. The New Hampshire insurer paid some medical bills under its New Hampshire policy but denied weekly benefits due to insufficient medical evidence of disability.

It is reported that after returning to Massachusetts, the employee filed a claim with the Commonwealth’s Department of Industrial Accidents (DIA) against the New Hampshire insurer, which was denied on the basis that the New Hampshire insurer’s policy did not cover Massachusetts law. Subsequently, the employee filed a claim against the Massachusetts insurer. An administrative judge ordered the New Hampshire insurer to pay the benefits, which the New Hampshire insurer contested, asserting it was not liable under Massachusetts law. Continue reading →

Under the Massachusetts Workers’ Compensation Act, employees can recover workers’ compensation benefits if they are hurt while on the job. In exchange for that right, though, they lose the ability to pursue civil claims against their employers. Recently, a Massachusetts court addressed whether employees could bypass the exclusivity portion of the Act in cases in which the prior owner of the employer’s company was negligent, ultimately determining they could not. If you were harmed while working, it is in your best interest to speak to a Massachusetts workers’ compensation attorney promptly.

Factual and Procedural History

The plaintiff, an employee of the defendant, received workers’ compensation benefits for an injury sustained while operating a hydraulic press. The plaintiff and his wife subsequently filed a tort suit against the defendant, alleging that defects in the hydraulic press, which was owned by the prior owner before merging into the plaintiff’s employer, caused the injury. They claimed the prior owner knew about the press’s defects at the time of the merger but failed to disclose or remedy them.

Allegedly, the plaintiffs argued that the prior owner’s liability transferred to the defendant through the merger. The defendant contended that the plaintiff’s tort claims were barred by Massachusetts workers’ compensation law, as the benefits received through the law provided immunity to the employer from such suits. This case came before the court for the second time on appeal. Continue reading →

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People who suffer injuries at work can often recover workers’ compensation benefits. In some instances, though, an employer will take adverse action against an employee to avoid paying them such benefits. In such instances, the employee can pursue civil claims against the employer. In a recent Massachusetts workers’ compensation case, the court discussed an injured employee’s right to due process. If you were hurt at work, you may be owed benefits, and you should speak to a Massachusetts workers’ compensation lawyer promptly.

Case Setting

It is reported that the plaintiff began her employment as an ESL teacher at the defendant high school during the 2012-2013 school year. In March 2015, the plaintiff applied for a long-term leave of absence and used her paid sick time while awaiting approval. Her request was granted for the period from March 23, 2015, to June 30, 2015. She returned to work for the 2015-2016 school year. In early November 2015, the plaintiff was observed in her classroom by the head of her department and other administrators. Following these observations, the plaintiff met with the school’s headmaster and others, after which she left work early due to emotional distress and sought medical treatment. She subsequently applied for workers’ compensation benefits, claiming anxiety, depression, and PTSD triggered by the observations and the meeting.

Allegedly, the plaintiff submitted an occupational injury report to the headmaster, requesting his signature to process her workers’ compensation claim, which was denied due to the lack of a signed form. The plaintiff did not return to work and exhausted her paid sick time by December 2015. She inquired about her eligibility for benefits under the paid sick leave bank but was told she was ineligible as she was not on an approved leave of absence. In January 2016, the headmaster notified the plaintiff that her continued absence would be considered a resignation if she did not report to work or obtain an approved leave of absence by a specified date. The plaintiff expressed confusion over the return-to-work date and reiterated her intention to return to work in a modified capacity. Continue reading →

Massachusetts employers are required to provide workers’ compensation benefits to employees who suffer work-related injuries; however, independent contractors do not have the right to such benefits. Thus, a worker’s classification can impact their rights. However, it may not always be clear whether a worker is an employee or an independent contractor. A recent Massachusetts initiative seeks to clear up ambiguity regarding the rights of ride-share drivers, as discussed in a recent case. If you have questions about your rights with regard to benefits, it is smart to meet with a Massachusetts workers’ compensation lawyer as soon as possible.

Facts and Procedure of the Case

It is alleged that in August 2023, a group of Massachusetts voters submitted petitions to the Attorney General seeking to establish that app-based drivers, such as those working for delivery or transportation network companies, should not be classified as employees. This classification would exclude them from the rights and protections granted to employees under Massachusetts General and Special Laws. Three of these petitions included provisions for minimum compensation, healthcare stipends, paid sick time, and occupational accident insurance, while the other two did not.

It is reported that the Attorney General certified that each petition met the requirements of Article 48 of the Amendments to the Massachusetts Constitution and prepared summaries for them. Subsequently, another group of voters filed a mandamus action challenging the Attorney General’s certifications and summaries, arguing that the petitions did not meet the related subjects requirement and that the summaries were insufficient. Continue reading →

Under the Massachusetts Workers’ Compensation Act (the Act), employers generally must give employees who sustain work-related harm workers’ compensation benefits. Employers must fulfill this duty regardless of whether a third party causes the harm in question, and the employer may not have recourse for pursuing claims against the third party for damages; as discussed in a recent Massachusetts case. If you were wounded in a work accident, it is advisable to consult a Massachusetts workers’ compensation lawyer to discuss your possible claims.

Facts and Procedure of the Case

It is reported that the plaintiff employed an individual who sustained injuries in an industrial accident. Specifically, the employee suffered injuries when a dumpster owned by the defendant excavation company rolled off of a truck. The employee, who was at work during the accident, filed a workers’ compensation claim, which was covered by the employer’s insurer.

Allegedly the employer subsequently sued the excavation company, alleging that the excavation company’s negligence caused an increase in its workers’ compensation insurance costs. Specifically, the employer claimed it suffered economic losses in the form of a dividend loss from its insurance premium due to the accident. The excavation company moved for summary judgment, arguing it owed no duty to the employer and that the Workers’ Compensation Act foreclosed the employer’s claim. The trial court granted summary judgment in favor of the excavation company, ruling that no duty was owed to the employer. The employer appealed. Continue reading →

Pursuant to the Massachusetts Workers’ Compensation Act (the Act) people injured in catastrophic accidents at work have the right to pursue workers’ compensation benefits from their employers. In exchange for that right, though, they waive the right to pursue negligence claims against their employers for work-related harm. Further, the same provisions of the Act that provide employers with immunity provide protections for co-workers of the injured employee. This means, as discussed in a recent Massachusetts case, that co-employee’s generally cannot be held liable for harm sustained in a work accident allegedly caused by their negligence. If you were hurt in a work incident, it is smart to speak to a Massachusetts workers’ compensation attorney about what claims you may be able to pursue.

Factual History and Procedural Setting

It is alleged that the plaintiff, an employee of a packing company, was severely injured when an accident occurred while he was repairing a backhoe truck tire. The plaintiff sustained permanent injuries when the tire exploded. The plaintiff and his wife eventually settled the workers’ compensation claim against the employer for $750,000. However, they pursued negligence claims against the defendant, a co-employee of the injured plaintiff.

It is reported that the defendant, the vice-president of operations at Shield, was involved in purchasing the backhoe truck and instructing the plaintiff to repair it at the time of the accident. The defendant moved for summary judgment, aguing he had co-employee immunity under the Workers’ Compensation Act. The court granted the motion and the plaintiffs appealed, arguing that the defendant’s negligence occurred before he and the injured plaintiff became co-employees and thus, co-employee immunity should not apply. Additionally, they sought to add a claim for loss of consortium, which was denied by the court. Continue reading →