Regarding workplace injuries, navigating the legal landscape can be complex. Understanding the distinction between workers’ compensation and personal injury claims is crucial for individuals seeking compensation for injuries sustained on the job, and being in contact with a Cape Cod personal injury lawyer is essential. What is workers’ compensation? Workers’…
Generally, employees who are injured while on the job are limited to seeking workers’ compensation benefits, as the exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) precludes them from pursuing civil claims against their employers. There are exceptions to the exclusivity provision, however, that permit for the imposition…
In Massachusetts, people hurt at worker can often recover workers’ compensation benefits but are barred from pursuing personal injury claims against their employer by the exclusivity provision of the Workers’ Compensation Act. While the Act may ultimately bar a plaintiff’s claim against her employer, however, a defendant may not be…
In a Cape Cod workers’ compensation case, one of the most important issues is whether the worker (or “claimant”) has suffered a permanent physical impairment due to an on-the-job accident or a work-related illness. If so, the next inquiry is usually whether the impairment is such that the worker cannot…
Under Massachusetts’ workers’ compensation laws, employees who are hurt on the job and unable to work as a result are entitled to certain benefits. Included among these is the right to temporary total disability payments. In order to receive temporary total disability benefits, the employee must be able to show…
There are several issues that routinely arise in Cape Cod workers’ compensation cases. One of these is the payment or reimbursement of the injured employee’s medical expenses. Ideally, the employee’s medical expenses would be paid in the regular course of business following his or her accident or illness, so long…
Like other types of cases involving personal injury or wrongful death, Massachusetts workers’ compensation cases involve a variety of deadlines. For the injured worker, these deadlines typically include the time by which notice must be given and a claim must be filed. Of course, there are also deadlines that may…
In a Cape Cod workers’ compensation case, the issues can be numerous. Typical issues include the amount of temporary benefits due the worker, the extent of the worker’s permanent disability, and the worker’s entitlement to medical care for his or her injuries. Sometimes, contention begins even earlier in the process,…
Most people are at least vaguely aware that there are deadlines for filing a claim in a Cape Cod work injury case. The particulars of those procedural rules, however, are not as widely understood. As the following case indicates, sometimes the statutes of limitations can even be a matter of…
A typical Cape Cod workers’ compensation case involves several different types of benefits, including medical care, temporary disability, and permanent disability. The determination of what is due an injured worker in a particular case can be a complex process. Oftentimes, there is a great amount of disagreement between the injured…