The Massachusetts Workers’ Compensation system includes two distinct statutory safety nets designed to ensure benefit continuity for injured workers: the Massachusetts Insurers Insolvency Fund (Insolvency Fund) and the Workers’ Compensation Trust Fund (Trust Fund). In cases involving uninsured employers and insolvent insurers, disputes may arise over which fund must assume…
Articles Posted in Workers’ Compensation
Massachusetts Court Workers’ Compensation Settlement in Divorce Case
Workers’ compensation benefits are often treated as a financial lifeline for employees injured on the job, but the characterization and distribution of such benefits can become complex when family law intersects with injury compensation. A recent decision by a Massachusetts court highlights how workers’ compensation proceeds may be treated as…
Massachusetts Court Emphasizes Exclusivity Provisions of the Workers’ Compensation Act
In Massachusetts, municipal employees alleging workplace discrimination or retaliatory treatment must navigate a complex landscape of statutory protections and common-law limitations. A recent decision from the Massachusetts court demonstrates how the Workers’ Compensation Act, procedural pleading rules, and the limited scope of certain tort doctrines can narrow the path for…
Massachusetts Court Examines Workers’ Compensation Immunity for Subcontractors
In Massachusetts, the workers’ compensation system is often the only avenue for injured workers to obtain benefits following a job-related injury. However, when injuries result from the negligence of another contractor or party on a shared worksite, injured workers may seek damages through third-party tort claims. A recent decision by…
Massachusetts Court Examines Workers’ Compensation Benefits for Psychological Injuries
In Massachusetts, emotional and psychological injuries are compensable under workers’ compensation law when they arise from identifiable workplace events or conditions. However, when such injuries stem from internal conflicts, professional feedback, or typical employment actions, the law imposes limits. A recent decision by the Massachusetts Reviewing Board illustrates the strict…
Workers’ Compensation Exclusivity Bars Under Massachusetts Law
Massachusetts workers’ compensation law generally provides the exclusive remedy for employees injured in the course of employment. However, certain tort claims may fall outside that statutory bar if they arise from intentional and malicious conduct rather than mere workplace injury or negligence. A recent decision from a Massachusetts Court clarifies…
Massachusetts Court Discusses Eligibiity for Benefits
In Massachusetts, public employees seeking accidental disability retirement benefits must prove that their disability is the natural and proximate result of a workplace injury. This standard requires clear, persuasive medical evidence, typically from a regional medical panel. A recent decision by a Massachusetts highlights the challenges claimants face when panel…
Massachusetts Court Discusses Alternate Employers in the Context of Workers’ Compensation
When an employee is injured at work, the Massachusetts Workers’ Compensation Act often provides the exclusive remedy for recovery, even when the injury occurs at a third-party job site through a staffing agency. For example, a recent Massachusetts case illustrates how temporary workers may be barred from filing separate personal…
Massachusetts Court Discusses Nature of Work Injuries
In workers’ compensation cases, a claimant must establish that a workplace injury is the predominant cause of their disability. Disputes over causation often hinge on medical evidence and the credibility of expert testimony. A recent decision by a Massachusetts court highlights the legal standards that apply when a worker alleges…
Massachusetts Appeals Court Clarifies Workers’ Compensation and Disability Overlap
Injured public employees in Massachusetts may be eligible for both workers’ compensation benefits and public disability retirement pensions. However, the interaction between these systems is complex, and a favorable outcome in one does not guarantee success in the other. A recent decision from a Massachusetts court emphasizes that public employees…