Massachusetts Injury Lawyers Blog

It is well-established that the Massachusetts workers’ compensation act (the Act) affords people the right to recover benefits from their employers for work-related harm. If an employer or their insurer unjustly denies an employee benefits, the employee may be able to pursue claims against them. They must do so within the workers’ compensation framework, however, as demonstrated in a recent Massachusetts opinion. If you suffered injuries at work, it is prudent to contact a  Massachusetts workers’ compensation lawyer to determine your options for seeking justice.

The History of the Case

It is reported that the plaintiff worked as a chemist for the employer. In 2013, he suffered injuries when he was exposed to toxic chemicals when working due to poor ventilation in his work area. He subsequently filed a workers’ compensation claim, despite efforts to dissuade him from doing so. He asserted that his employer’s workers’ compensation attorney mishandled his claim and wrongfully refused to pay him benefits, however. As such, he filed a civil lawsuit against them, asserting unfair trade practices and defamation claims. The defendants moved for dismissal of the plaintiff’s complaint, arguing his claims were barred by the exclusivity provision of the Act.

The Exclusivity of the Act

The court agreed with the defendants’ reasoning and dismissed the plaintiff’s complaint. Specifically, the court stated that all of the plaintiff’s claims were precluded because his sole remedy was through the Act. The court explained that it was undisputed that the plaintiff was an employee of the employer, he suffered harm that constituted a personal injury as defined by the Act, and it occurred during the course of his employment. Continue reading →

Pursuant to the Massachusetts Workers’ Compensation Act (the Act), people who are hurt at work are typically barred from pursuing civil claims against their employers in exchange for the right to recover workers’ compensation benefits. The Act does not prohibit employees from seeking damages from other parties that may be responsible for their harm, however. Recently, a Massachusetts court analyzed the right to pursue third-party claims following a work injury in a case in which it ultimately granted the plaintiff the right to pursue contractual indemnification claims. If you were hurt while working, it is wise to talk to a Massachusetts workers’ compensation lawyer about your potential claims.

The Plaintiff’s Harm

It is alleged that the plaintiff was working when he suffered injuries to his lower body. Specifically, he was hurt when a dumpster he was emptying toppled onto him. The dumpster was manufactured and sold by the defendant. The plaintiff filed a lawsuit against the defendant, and the defendant filed an answer. Two months later, the defendant moved to join a third party as a defendant.

It is reported that the defendant alleged the plaintiff was employed by the third party at the time of the incident and the third party was responsible for servicing the dumpster. The defendant further asserted that it had an agreement with the third party in which the third party agreed to indemnify the defendant. The third-party opposed the motion arguing that it was futile. Continue reading →

It is not uncommon for people who sustain injuries while working to suffer harm that is not work-related as well. In such instances, it can be difficult to differentiate whether an employee’s permanent incapacity and wage loss constitute a basis for awarding workers’ compensation benefits and, if so, to what extent. Recently, a Massachusetts court discussed the analysis undertaken by courts in workers’ compensation cases where the claimant’s losses were caused by numerous injuries. If you were injured at work, you might be able to recover workers’ compensation benefits, and it is in your best interest to meet with a Massachusetts workers’ compensation lawyer as soon as you can.

The Facts of the Case

It is reported that the claimant worked as a certified nurse’s assistant from 1972 to 2011. She suffered numerous injuries during that time; some of the harmful incidents occurred while she was working, while others happened outside of work. Regardless, she subsequently filed a claim for workers’ compensation benefits. An administrative judge awarded her permanent total incapacity benefits after hearing evidence of several of her work-related injuries.

Allegedly, the insurer appealed, arguing that she was not entitled to such benefits because her harm was not entirely work-related. The reviewing board vacated the administrative judge’s decision in part and affirmed it in part. Notably, the board vacated the permanent benefits award and replaced it with a temporary total benefits award. The insurer challenged the decision.   Continue reading →

Pursuant to the Massachusetts Workers’ Compensation Act (the Act), people who sustain injuries while working are often able to recover benefits from their employers. While some benefits are paid on a weekly basis, in other instances, an employer will offer a lump sum to resolve an employee’s claims. Generally, lump-sum agreements preclude parties from seeking further benefits for the same work-related harm. If the terms of the agreement are vague, though, a court may need to intervene to determine whether subsequent harm is compensable, as demonstrated in a recent opinion issued in a Massachusetts workers’ compensation case. If you sustained harm in a workplace accident, you could be owed benefits from your employer, and it is advisable to speak to a Massachusetts workers’ compensation lawyer as soon as possible.

The Subject Harm

It is reported that the plaintiff worked at an assisted living facility as a resident services assistant. In 2016, she was lifting a resident out of a wheelchair when she injured her right neck and shoulder. She subsequently underwent a surgical repair of her right shoulder; prior to the surgery, she was favoring her right shoulder, which caused pain in her left shoulder. She continued to have pain in her left shoulder after the surgery.

Allegedly, the insurer for the facility accepted liability for the right shoulder injuries and subsequent care about a year after the accident, and the parties entered into a lump-sum agreement. The agreement specified the diagnosis as a right shoulder tear and included a provision stating that it closed out any claim the plaintiff may have for harm arising out of the same incident. A year later, however, the plaintiff filed a second claim seeking benefits for injuries to her left shoulder. The insurer opposed the claim on the basis that it was barred by the lump-sum agreement. The administrative judge found in favor of the insurer, and the plaintiff appealed. Continue reading →

Pursuant to the Massachusetts Workers Compensation Act, employers have an obligation to provide employees that suffer work-related harm with medical benefits. Typically, such benefits include prescription medications. While the rules regarding medical benefits seem to be straightforward, workers’ compensation claims can become complicated when they involve drugs that are unlawful in certain capacities. For example, a Massachusetts court recently addressed the issue of whether a workers’ compensation insurer had an obligation to reimburse an injured employee for the cost of medical marijuana. If you were hurt at work you might be eligible to recover workers’ compensation benefits, and you should contact a Massachusetts workers’ compensation attorney to examine your rights.

The Facts of the Case

It is alleged that in 2014, the plaintiff suffered an injury while working. Facts regarding the nature of the plaintiff’s work and the harm he sustained were not provided. He subsequently filed a claim with his employer’s workers’ compensation employer, seeking reimbursement for the cost of medical marijuana that he used to treat pain associated with his work injury. An administrative judge denied his claim. The denial was affirmed by the reviewing board of the Department of Industrial Accidents. He then sought review from the Appeals Court of Massachusetts.

Medical Benefits Under Massachusetts Workers’ Compensation Law

Upon review, the Appeals Court of Massachusetts affirmed the decision of the reviewing board. The court found that, pursuant to prevailing Massachusetts case law, a workers’ compensation insurer cannot be compelled to pay for an injured employee’s medical marijuana expenses based on the terms of the marijuana act. Continue reading →

It is not uncommon for a person to suffer injuries while working due to the negligent acts of their coworker. In such instances, the injured party may seek to recover both workers’ compensation benefits and civil damages. Whether they are owed both depends on numerous factors, though, as discussed in a recent Massachusetts ruling issued in a case in which a police officer was injured during on-the-job training. If you were harmed due to the negligence of a co-worker, you could be owed workers’ compensation benefits, and it is wise to confer with a Massachusetts workers’ compensation attorney concerning your rights.

The Plaintiff’s Harm

It is reported that the plaintiff, a police officer, was attending firearm training that was conducted by a co-worker. During a paid break, the co-worker got into his car and began to drive toward the gun range. He accelerated and lost control of his vehicle and ultimately struck the plaintiff, pinning him against a picnic table. The plaintiff filed a claim for benefits under GL 152, which were akin to workers’ compensation benefits for police officers injured in the line of duty. His claim was approved.

Allegedly, the plaintiff subsequently sent a written demand letter to the town’s insurer, arguing that his co-worker’s negligence caused him to suffer harm and, therefore, the insurer owed him damages. The insurer rejected his demand, arguing that the Massachusetts Tort Claims Act (the Act) precluded him from recovering damages. It then filed a declaratory judgment action. The trial court found in favor of the plaintiff, and the insurer appealed. Continue reading →

Generally, the Massachusetts Workers’ Compensation Act provides that employees that suffer work-related harm can recover workers’ compensation benefits. There are some workers, however, that fall outside of the scope of the Act, like police officers and firefighters. Fortunately, numerous Massachusetts laws allow public servants to recover benefits that are akin to workers’ compensation benefits. Recently, a Massachusetts court discussed eligibility for such benefits in a case in which an injured firefighter sought compensation after he was injured on the job. If you sustained damages while working, you may be owed benefits, and you should consider meeting with a Massachusetts workers’ compensation attorney regarding your rights.

The Facts of the Case

It is alleged that the plaintiff worked as a firefighter for a Massachusetts town. He suffered injuries in 2009. The town’s insurer made payments to the plaintiff from 2009 through 2014. After the payments ended, the plaintiff made a claim for benefits under M.G.L.A. 32 § 85H ½. The town denied the claim arguing that the plaintiff was not eligible for such benefits, as the town did not accept the provisions of the statute until after the plaintiff’s injury occurred. The matter was brought before a court, which ruled that the town was owed the plaintiff benefits, as his injury did not have to post-date the town’s acceptance of the statute. The town appealed.

Firemen’s Eligibility for Benefits Following Work Injuries

The question on appeal was what date applied for determining eligibility for benefits under M.G.L.A. 32 § 85H ½. The appellate court ultimately agreed with the town and reversed the trial court ruling. The appellate court noted that its primary duty in interpreting a law is to effectuate the intent of the legislature in enacting it. If the statutory language is unambiguous and plain, its intent is evident. When the language of a law is unclear or vague, however, the court will assess the cause of its enactment to determine its intent. Continue reading →