People who are unable to work because of physical or mental disabilities may be eligible to receive disability benefits from the Social Security Administration (SSA). The SSA will often deny a party’s initial claim for disability benefits. In many instances, such decisions are reversed on appeal, however, as demonstrated in…
The Massachusetts Workers’ Compensation Act (the Act) prohibits employers from retaliating against employees who seek workers’ compensation benefits in the form of adverse employment action. As such, employers that violate the retaliation provision may be civilly liable to the employee for damages. As shown in a recent Massachusetts ruling, in…
People that sustain injuries in accidents on their work premises can often recover workers’ compensation benefits. While their employers bear the responsibility of paying such benefits, in most instances, the employee is actually compensated by the employers’ insurer. If the injured employee subsequently files a third-party claim for damages arising…
In exchange for the right to recover worker’s compensation benefits, the Massachusetts Workers’ Compensation Act (the Act) generally precludes employees from pursuing civil claims for bodily harm against their employers. They can pursue claims against other parties that contributed to or caused their injuries, however. As with any civil claim,…
Pursuant to the Massachusetts Workers’ compensation Act (the Act), employees that sustain work related harm have the right to recover workers’ compensation benefits. Unfortunately, it is not uncommon for employers who have to pay such benefits to retaliate against their injured employees by terminating them or changing the terms of…
Pursuant to the Massachusetts Workers’ Compensation Act (the Act), employees who are hurt on the job are eligible to receive workers’ compensation benefits that cover the cost of their medical care and compensate them for lost wages. As explained in a recent Massachusetts ruling, such benefits may be recoverable regardless…
The Massachusetts Workers’ Compensation Act (the Act) protects employees in that it allows them to recover workers’ compensation benefits following workplace injuries. It is important to note, however, that only employees are afforded such rights. In other words, independent contractors, volunteers, and other non-employee workers cannot recover benefits under the…
While the Massachusetts Workers’ Compensation Act (the Act) allows people to recover benefits if they are harmed at work, it requires them to waive the ability to pursue personal injury claims against their employers in exchange for such rights. Instead, the exclusivity provision of the Act provides that the Act…
Under Massachusetts law, employees who suffer work-related injuries can often recover workers’ compensation benefits from their employers. Only injuries that arise out of and in the course of employment are compensable, however. As such, if a claimant cannot establish that the harm they suffered is work-related, their claim for benefits…
People who are treated adversely at work will often pursue civil claims against their employers. While they are generally permitted to do so, depending on the nature of their claims, they may be precluded by the Massachusetts Workers’ Compensation Act (the Act). For example, the exclusivity provisions of the Act…