The Massachusetts Workers’ Compensation Act (the Act) safeguards employees by prohibiting employers from taking adverse employment actions in retaliation against those seeking workers’ compensation benefits. If employers violate this provision, they may be liable for damages in tort to the affected employees. Recently, a Massachusetts court discussed what evidence a…
It is not uncommon for Massachusetts workers to be hurt on the job. Fortunately, the Massachusetts Workers’ Compensation Act (the Act) allows most people injured while working to recover workers’ compensation benefits. In exchange for that right, however, they are barred from seeking damages for work-related injuries from their employer…
In Massachusetts, public employees who are unable to work due to injuries sustained on the job can often recover accidental disability retirement benefits. As with workers’ compensation claims, however, they must demonstrate they sustained a personal injury during the performance of work duties in order to be eligible for such…
People hurt at work may be able to recover workers’ compensation benefits from their employer, but in exchange for such benefits, they are precluded from seeking damages in tort for their harm. Whether they are eligible to seek workers’ compensation benefits or civil damages depends, in part, on whether they…
Generally, when public employees suffer injuries in a work incident that renders them unable to work, they can seek accidental disability retirement benefits. If their employer argues that the harm in question predated their accident, however, it may be challenging for them to recover benefits. Recently, a Massachusetts court discussed…
Employees hurt on the job can often recover workers’ compensation benefits. In order to demonstrate benefits are warranted, they must, in part, show that they suffered a work-related injury, which can be challenging in cases in which the claimant had pre-existing injuries. In a recent Massachusetts ruling, a court explained…
The Massachusetts Workers’ Compensation Act provides that employees hurt at work can recover benefits for their injuries. In exchange for such rights, however, they waive the right to pursue claims in tort against their employer pursuant to the exclusivity provision of the Act. As explained in a recent Massachusetts ruling,…
Workers’ compensation benefits awards are typically calculated based on an employee’s average weekly wage at the time of their injury as well as their medical expenses. While such benefits awards are typically appropriate, in some cases, they may be inaccurate, and if an error results in an overpayment, an employer…
Massachusetts’ Workers’ Compensation Act provides that people that suffer the loss of a loved one due to a work accident have the right to recover survivor benefits. As with employee claims for workers’ compensation benefits, survivors must demonstrate that the harm that led to their loved one’s death was work-related.…
Pursuant to Massachusetts law, people hurt while working can often recover workers’ compensation benefits from their employer. Such benefits are meant, in part, to compensate the employee for the loss of income they suffered due to their injuries; in other words, they represent lost wages. As such, if a person…