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Articles Posted in Workers’ Compensation

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Massachusetts Court Examines Intervening Causes in Workers’ Compensation Cases

It is well-established that the Massachusetts Workers’ Compensation Act affords people the right to seek workers’ compensation benefits following workplace injuries. Issues in recovering such benefits can arise, however, if the employee suffers a second injury that is not work related. In a recent Massachusetts case, the court looked at…

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Massachusetts Court Discusses Workers’ Compensation Benefits for Parties with Prior Injuries

People involved in workplace accidents often suffer critical harm. If they suffer from a pre-existing condition prior to the accident, though, their employer may argue that their workplace injuries are not compensable. As long as their work injury constitutes a major cause of their deficits, however,  they have the right…

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Massachusetts Court Examines Grounds for Awarding Permanent Loss Benefits

Work place injuries often cause not only physical harm but also psychological trauma as well. In many instances, people who suffer enduring loss of function due to physical impairments may be able to recover permanent loss benefits. As explained in a recent Massachusetts case, the Department of Industrial Accidents has…

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Massachusetts Court Examines Workers’ Compensation Cost of Living Benefits

Pursuant to the Massachusetts Workers’ Compensation Act, employers must provide certain benefits to employees hurt at work, including cost of living benefits. In some instances, employers can seek reimbursement for such benefits from the Workers’ Compensation Fund. While the laws providing the right to seek such benefits do not indicate…

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Massachusetts Court Discusses Administrative Remedies in Workers’ Compensation Claims

The Massachusetts Workers’ Compensation Act sets forth numerous rules regarding workers’ compensation claims and benefits for employees, employers, and insurance companies. If a party fails to comply with such rules and subsequently seeks intervention from the courts, their claim may be denied, as demonstrated in a recent Massachusetts case. If…

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Massachusetts Court Examines Workers’ Compensation Benefits and Other Damages

While people who recover benefits pursuant to the Massachusetts Workers’ Compensation Act cannot pursue claims against their insurers, they can often recover damages from other sources, including, in some instances, their personal insurance policies. Whether such damages will be offset by their worker’s compensation benefits depends on numerous factors, including,…

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Massachusetts Court Discusses Cancellation of Insurance Policies

Generally, employers in Massachusetts carry workers’ compensation coverage to provide benefits for any employees who sustain injuries on the job. If employers fail to comply with the terms of their workers’ compensation policies, though, they may be canceled. A policy cannot be canceled without adequate notice, however, as discussed in…

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Massachusetts Court Discusses Rescission of Workers’ Compensation Agreements

It is not uncommon for people who are hurt on the job to ultimately resolve their workers’ compensation claims via settlement agreements. Generally, such agreements will not be set aside, with few exceptions, as discussed in a recent Massachusetts ruling. If you were injured at work, you may be owed…

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Massachusetts Court Explains Tort Claims for Injured Massachusetts Workers

The Massachusetts Workers’ Compensation Act grants injured employees the opportunity to seek compensation for workplace injuries, with the trade-off being the forfeiture of their ability to pursue tort claims against their employer due to the Act’s exclusivity provision. As explained in a recent Massachusetts ruling, this exclusivity provision not only…

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Massachusetts Court Discusses Grounds for Recission in Workers’ Compensation Cases

People who are hurt while they are working generally can recover workers’ compensation benefits pursuant to the Massachusetts Workers’ Compensation Act (the Act). In some instances, they may be able to recover accidental disability retirement (ADR) benefits as well. The receipt of ADR benefits may impact their right to workers’…

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