In Massachusetts, disputes involving the Workers’ Compensation Trust Fund (the Fund) often hinge on strict compliance with statutory procedures and limitations periods. Insurers that pay benefits on claims involving uninsured employers may later seek reimbursement from the Fund, but the process requires timely and complete documentation. A recent decision from…
Pursuant to the Massachusetts Workers’ Compensation (the Act), people that suffer harm at work are generally eligible to recover workers’ compensation benefits. In exchange for the protections offered by the Act, though, they waive the right to pursue personal injury for damages from their employer. Notably, the Act precludes employees…
Under Massachusetts law, employees who suffer work-related injuries can often recover workers’ compensation benefits from their employers. Only injuries that arise out of and in the course of employment are compensable, however. As such, if a claimant cannot establish that the harm they suffered is work-related, their claim for benefits…
Under Massachusetts law, employees who suffer injuries in the workplace can often recover workers’ compensation benefits pursuant to the Massachusetts Workers’ Compensation Act (the Act). In exchange for such statutory protections, they lose the right to seek civil damages from their employers for personal injuries. They can, however, seek compensation…
Massachusetts employees who suffer workplace injuries can typically recover workers’ compensation benefits from their employers pursuant to the Massachusetts Workers’ Compensation Act (the Act). In exchange for the right to receive such benefits, however, they are generally precluded from pursuing civil claims for work-related injuries against their employers by the…
People involved in catastrophic workplace accidents often suffer not only physical harm but mental injuries as well. Thus, if they seek damages for their losses, they may have to undergo medical examinations to evaluate their physical and cognitive detriments. Typically, only physicians can conduct such examinations. Recently, a Massachusetts court…
In Massachusetts, if an employee dies due to a fatal work accident, their family members can often recover survivor benefits pursuant to the Workers’ Compensation Act (the Act). Only the survivors of deceased employees are owed such benefits, however. In other words, family members of independent contractors, volunteers, and other…
The Massachusetts Workers’ Compensation Act (the Act) provides the sole remedy for parties who suffer injuries arising out of the course and scope of their employment. There are exceptions to the exclusivity provision of the Act, however, that allow employees to pursue civil claims against their employers. The exceptions to…
In its report dated November 4, 2020, the United States Bureau of Labor Statistics recorded an estimated 2.8 million non-fatal workplace injuries and illnesses in 2019 in the private industry sector. These estimates are from the Survey of Occupational Injuries and Illnesses (SOII). Manufacturing accounted for 15% of all private…
In any civil lawsuit, the parties will engage in discovery during which they will exchange documents and depose witnesses to attempt to obtain facts in support of their position. Not all materials are discoverable, however, as certain information is protected by privilege. In a recent product liability case in which…