Massachusetts, like many states, enacted a Workers’ Compensation Act (the Act) that grants employees injured at work the right to recover benefits. The Act bars employees from pursuing civil claims against their employers, however. While employers will often assert that the exclusivity provision of the Act bars civil claims, it…
Massachusetts Injury Lawyers Blog
Massachusetts Court Discusses Determining if Harm is Work-Related
In Massachusetts, people hurt at work are limited in terms of recovery for their losses. Specifically, while work-related harm garners them the right to recover workers’ compensation benefits, it is at the exclusion of other civil damages pursuant to the provisions of the Massachusetts Workers’ Compensation Act (the Act). If…
Massachusetts Court Discusses Liability in the Context of Workers’ Compensation
In Massachusetts, if a person dies because of a work-related accident, the person’s family members can generally cover workers’ compensation benefits. The exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) extends to a deceased workers’ estate, however, which means that the estate cannot pursue civil claims against the…
Court Explains the Exclusivity Provision of the Massachusetts Workers’ Compensation Act
People who sustain injuries in the workplace may be eligible to recover benefits under the Massachusetts Workers’ Compensation Act (the Act). In exchange for the right to such benefits, the Act bars injured employees from pursuing personal injury claims against their employers for harm caused by injuries that arise out…
Massachusetts Court Discusses Joint Ventures in Workers’ Compensation Claims
The Massachusetts Workers’ Compensation Act is the sole remedy for employees who suffer injuries, which means they have the right to recover benefits but are generally precluded from pursuing civil lawsuits against their employers. They can seek damages via civil claims against other parties, however. In some instances, a party…
Massachusetts Court Discusses Evidence Weighed in Workers’ Compensation Cases
People who are hurt at work are often eligible to recover workers’ compensation benefits for their losses. It is not uncommon, however, for employers to argue that injured employees should not be granted benefits because their harm did not arise at work. An employer that fails to set forth such…
Massachusetts Court Discusses Workers’ Compensation Benefits for Illnesses
While most people think of workers’ compensation claims as arising out of bodily injuries, claimants can also seek benefits for illnesses they develop due to workplace conditions. In many cases, occupational illnesses take years to develop, and it can be difficult to demonstrate a causal link between a workplace and…
Court Explains Collateral Estoppel in Personal Injury Cases in Massachusetts
In Massachusetts, people injured in the workplace are generally precluded from filing negligence actions against their employers pursuant to the Workers’ Compensation Act. They may be able to seek damages from other parties who caused or contributed to their harm, though, as long as they have not otherwise waived the…
Massachusetts Court Denies Summary Judgment in Slip and Fall Case
Fast food restaurants handle a high number of customers per day, and it is not uncommon for there to be debris or spills on their floors. It seems inevitable, then, that people would be injured in slip and fall accidents in their establishments. In many instances, a person injured in…
Massachusetts Court Discusses Claims Against Negligent Employers
Generally, people who are injured at work are barred from pursuing claims against their employer by state workers’ compensation laws. There are some exceptions, though, that will allow parties to file lawsuits alleging their employers negligently caused them to suffer harm and should be held accountable for their losses, such…