Articles Posted in Workers’ Compensation

Workers’ compensation laws are designed to give those who are hurt at work a less contentious path toward benefits (such as disability payments and medical expenses) than a traditional personal injury lawsuit, in which the plaintiff would have to prove that the defendant was negligent in order to recover compensation. However, certain procedural requirements are…

The existence of a pre-existing condition can be an important factor in a workers’ compensation case, but a pre-existing condition, in and of itself, does not necessarily mean that the matter will be resolved in the employer’s favor. Under Massachusetts law, the work injury does not have to be the predominant cause of the injury…

Workers who are injured on the job are entitled to compensation in the form of payment of medical expenses and partial reimbursement of lost wages (in the form of disability payments). Even after a case has been settled, there is the possibility of pursing additional benefits under certain circumstances. This is different from other types…

When an employee is injured due to a work-related accident, the employee may be entitled to several forms of workers’ compensation benefits. These include medical care at the employer’s expense, temporary disability benefits, and, in cases involving more serious injuries, permanent disability benefits. Of course, the burden is on the employee to show that he…

Trial judges can sometimes reach different outcomes in cases involving similar issues, such as those involving workers’ compensation disputes and subrogation liens filed by insurance companies. In a recent case, the state’s highest court was faced with two cases in which trial judges had rendered very different decisions in cases involving basically the same issue.…

Considering that workers’ compensation laws are specifically designed to simplify the process by which an injured worker receives benefits (such as payment of medical expenses or temporary total disability) due to an on-the-job injury, a surprising array of issues can arise. For instance, sometimes there is a dispute as to whether the worker was an…

Massachusetts voters may recall Question 4 on the 2014 election ballot last November, regarding whether or not employees should be able to earn and use a certain amount of sick time per year. Although the question was opposed by several business organizations and chambers of commerce, the measure passed and is now law. Effective July…

A Massachusetts worker was seriously injured while traveling on business. He filed a claim with the Massachusetts Department of Industrial Accidents, asking for workers’ compensation benefits. The good news is that the worker’s employer had not one but two policies of insurance that covered the worker’s claim. The bad news is that not even the…

Workplace injury cases can be complex. Depending upon the facts of the case, a person injured on the job may be entitled to benefits beyond those awarded by the Department of Industrial Accidents. Although there are limitations on the usual workers’ compensation benefits overseen by the Department, lawsuits against third parties who caused or contributed…

Although some workers’ compensation cases are fairly straightforward with the employee as the claimant and the employer as the defendant, work injury claims can sometimes be very complex and involve multiple defendants and even multiple lawsuits. In situations in which an injured worker is successful in a case against a third party, the employer’s insurance…