Injured employees pursuing workers’ compensation claims must follow specific statutory procedures; if they fail to do so, it can jeopardize their ability to obtain benefits. When a claim involves an uninsured employer, the process becomes even more complicated. A recent Massachusetts ruling illustrates how the courts address noncompliance with procedural…
Airline employees face certain risks in the course of their duties, particularly during turbulent flights, which can turn routine tasks into hazardous situations. When worker injuries occur during flights, whether the injured employee is eligible for workers’ compensation benefits often hinges on the credibility of the employee’s testimony and the…
Construction sites present inherent risks, and when a worker is injured due to negligent construction, the resulting litigation often extends beyond initial questions of liability. When damages are awarded, disputes may arise over workers’ compensation liens, the allocation of jury awards, and whether a judgment has been fully satisfied. A…
Workplace safety in residential treatment facilities can be challenging to maintain, particularly when employees work directly with clients who present significant behavioral risks. When a violent incident occurs, grieving families often search for answers and accountability, and organizations face intense scrutiny over the policies that shaped the conditions of employment.…
Employers who fail to carry workers’ compensation insurance expose themselves to serious legal and financial risks. When an uninsured employee is injured, the Massachusetts Workers’ Compensation Trust Fund may step in to pay benefits, but it will aggressively seek reimbursement from the noncompliant employer. A recent Massachusetts decision illustrates how…
Employees working remotely for out-of-state companies often face complex jurisdictional hurdles when bringing employment-related claims. An opinion recently issued by a Massachusetts court demonstrates how Massachusetts courts evaluate whether they can exercise personal jurisdiction over a foreign or out-of-state employer accused of violating employment rights. If you work remotely from…
When a workplace injury results from a company’s disregard for worker safety, Massachusetts law provides an avenue for enhanced compensation. Under Massachusetts’s workers’ compensation law, an employee who proves that an employer’s conduct was “serious and willful” may recover double benefits. A recent Massachusetts ruling illustrates how courts analyze the sufficiency…
A denial of Social Security disability benefits can feel devastating, but federal court review may still offer a path forward. A recent decision from a Massachusetts court shows that when an Administrative Law Judge does not adequately explain how medical opinions are weighed, remand is required. If you are appealing…
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…