Workers covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) are entitled to benefits for injuries sustained during employment, including the aggravation of pre-existing conditions. While many employers will attempt to avoid paying benefits by arguing that such harm is not work-related, they often face an uphill battle, as…
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides important federal protections for maritime workers, but eligibility requires that both a status and situs test be satisfied. A recent Massachusetts case illustrates how failure to meet the situs requirement can bar recovery, even if the injured worker was performing maritime-related…
Massachusetts workers’ compensation laws are designed to provide benefits to employees who suffer work-related injuries. However, emotional injuries present unique legal challenges, particularly when they arise from personnel actions such as disciplinary proceedings. A recent Massachusetts workers’ compensation case examined whether an employee who developed an emotional disability following a…
Workers engaged in maritime-related activities are entitled to specific protections under the Longshore and Harbor Workers’ Compensation Act (LHWCA). However, determining eligibility for benefits under this Act can be complex, especially for employees whose duties include both clerical and operational tasks. A recent Massachusetts decision provides important guidance on what…
Workers’ compensation insurance disputes can present complex legal challenges, particularly when multiple insurers may be responsible for coverage. A recent Massachusetts decision highlights the necessity of exhausting administrative remedies before seeking judicial intervention in such cases. If you are involved in a workers’ compensation insurance dispute, consulting an experienced Massachusetts…
In Massachusetts, the exclusivity provisions of the Workers’ Compensation Act (WCA) often bar employees from bringing negligence claims against their employers for workplace injuries. However, when questions arise regarding whether an entity qualifies as an employer under the WCA, courts must determine liability based on statutory definitions and case law.…
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides compensation for maritime and harbor workers who suffer work-related injuries. In part, the LHWCA provides permanent disability benefits for employees who can no longer work because of their injuries. Employers may dispute the permanence of an employee’s injuries, but as discussed…
Workers’ compensation laws in Massachusetts provide employees with specific legal protections in the event of workplace injuries, while also limiting the extent of employer liability. However, disputes often arise regarding the exclusivity provision of the Massachusetts Workers’ Compensation Act (MWCA) exclusivity provision and whether employees can pursue additional legal claims.…
Under Massachusetts law, the Workers’ Compensation Act provides the exclusive remedy for employees seeking damages for workplace-related injuries, including emotional distress. This was emphasized in a recent federal court decision in which the court held that an employee could not pursue claims for intentional infliction of emotional distress or false…
People hurt while working have the right to expect reasonable accommodations and protection from discriminatory termination. Sadly, however, it is not uncommon for employers to fire injured workers for asserting their rights. As demonstrated in a recent Massachusetts case, such action typically warrants grounds for pursuing civil claims. If you…