While some workplace injuries cause immediate symptoms, others do not cause pain until well after the injury occurred. In such instances, it can be difficult to prove that the injury is compensable under the Workers Compensation Act. The key inquiry in cases involving enduring injuries is whether the harm in…
It is not uncommon for people to suffer injuries in slip-and-fall accidents in the workplace. People who sustain such harm may be entitled to workers’ compensation benefits. If it is later determined that their injuries have resolved, however, their benefits may be discontinued. Recently, a Massachusetts court discussed grounds for…
The two key components of the Massachusetts Workers’ Compensation Act (the Act) are the protections it offers employers who suffer injuries while working and the prohibitions against those same employees seeking damages in tort actions against their employers. The courts broadly construe the exclusivity provision of the Act and will…
People who suffer injuries in workplace accidents can often recover benefits pursuant to the Massachusetts Workers’ Compensation Act (the Act). While the Act typically prohibits them from pursuing civil actions against their employers for their injuries, they may be able to recover damages from third parties. Notably, employees have the…
Under the Massachusetts Workers’ Compensation Act (the Act), employers have an obligation to provide workers’ compensation benefits to employees that suffer injuries while working. IN exchange for the right to recover such benefits, however, employees are precluded from filing civil claims seeking damages for personal injuries against their employers. The…
The Massachusetts Workers’ Compensation Act (the Act) grants employees the right to seek benefits if they are hurt at work and protects them from retaliation for asserting that right. As such, employers that attempt to retaliate against employees for seeking workers’ compensation benefits may face civil consequences. Employees asserting retaliation…
The Massachusetts Workers’ Compensation Act (the Act) affords employees injured in the course and scope of their work the right to recover workers’ compensation benefits. It is not uncommon for employers to deny claims for workers’ compensation benefits, however. Fortunately, the law permits employees whose workers’ compensation claims have been…
It is well-established that the Massachusetts Workers’ Compensation Act (the Act) supplants an employee’s right to pursue civil claims against their employer for harm that arises in the workplace with the right to recover workers’ compensation benefits for said harm. It is not always clear, however, what claims the exclusivity…
In Massachusetts, the exclusivity provision of the Workers’ Compensation Act (the Act) prohibits people from pursuing civil claims against their employer for harm suffered in the workplace that is compensable under the terms of the Act. Notably, the Act not only bars injured employees from seeking claims against their employers…
Pursuant to the Massachusetts Workers’ Compensation Act (the Act), employees that suffer harm due to workplace conditions can seek workers’ compensation benefits from their employers. Generally, in exchange for the right to recover such benefits, they are barred from pursuing civil claims against their employers for such harm. They are…