In Massachusetts, when a person injured at work seeks workers’ compensation benefits, he or she must prove the elements of his or her claim, which includes establishing that his or her injury was caused by a work-related incident. Recently, the Appeals Court of Massachusetts discussed whether an administrative judge is…
Workplace injuries not only cause physical harm, they often inhibit a person’s ability to earn an income as well. Most employers carry workers’ compensation insurance, however, which provide wage loss benefits to employees injured in the workplace in certain instances. As recently explained by the Appeals Court of Massachusetts, however,…
Under the Massachusetts workers’ compensation act, if a person is injured at work he or she can seek workers’ compensation benefits. Even if a person recovers benefits, he or she is still permitted to file a third-party negligence claim against the individual that caused his or her harm, as illustrated…
Work-related injuries don’t always arise from accidents but can be caused by repetitive use. Proving that a repetitive use injury is work-related can be complicated, and employers will often try to avoid paying workers’ compensation benefits by arguing an injury was caused by wear and tear rather than conditions encountered…
In workers’ compensation disputes it is common for the claimant and employer to agree on some issues and disagree on others. In a hearing to determine whether a claimant is entitled to workers’ compensation benefits, only disputed issues should be considered and ruled upon by the hearing judge. In Milton…
In analyzing whether an employee suffered a work-related injury, it is common for an employer’s workers’ compensation insurer to require an employee to undergo a medical examination, after which the examining physician will issue a report. The physician report can make or break an employee’s case, depending on whether or…
While most illnesses are apparent at the time of onset, many work-related illnesses are not diagnosed for several years. If you contracted an illness due to your employment, you should be entitled to recover compensation regardless of when the illness became apparent. In Jones’s Case (Gregory B. Jones vs. NSTAR &…
While many injuries sustained at work are minor, some workplace injuries cause permanent disabilities that leave the injured employee unable to earn a living. Under Massachusetts workers’ compensation law, you must prove that you are unable to earn wages of any kind to show that you are permanently disabled. If…
While some workplace injuries resolve in a relatively short time, others continue to cause issues years after the initial injury. Employees are entitled to recover compensation for almost all work related injuries, but when an employee suffers more than one injury, it can become unclear who is responsible for providing…
Collateral estoppel is a long-standing rule of law that people can only get “one bite of the apple.” In other words, people are not entitled to re-litigate the same facts or claims until they reach a verdict of their liking. There are certain requirements that must be met to preclude…