Cape Cod Injury Lawyer BlogCape Cod work injuries are common. In order to receive the benefits to which he or she is entitled, the injured employee must take several proactive steps. First and foremost, the worker must give the employee notice of the accident, injury, or work-related illness. A formal claim must also be filed within a set period […]
Articles Posted in Workers’ Compensation
Massachusetts Court of Appeals Affirms Dismissal of Worker’s Infliction of Emotional Distress Claim But Says She Should Have Been Allowed to Add FMLA Claim
Massachusetts workers have certain protections under state and federal law. For instance, most workplace injury cases fall under the provisions of Massachusetts workers’ compensation laws. Generally speaking, if a worker’s injury is covered by workers’ compensation, he or she will not be able to file a negligence lawsuit against the employer or a co-worker. While […]
Massachusetts Appeals Court Agrees With Industrial Accident Reviewing Board That Car Accident Was Not in the Course of Employment
In order to receive Massachusetts workers’ compensation benefits for a work-related injury or death, the person filing the claim must be able to show that the accident that led to the injury or death occurred during the course of the worker’s job duties. Usually, this is an easily resolved issue, but sometimes the particular circumstances […]
Massachusetts Court Reverses Dismissal of Injured Worker’s Claim Against Employer Who Fired Her
Cape Cod work injury cases can be more complicated than they first appear. Sometimes, there is “more to the story” all along, as in a situation in which an injured person may have several legal options resulting from his or her injury – a workers’ compensation claim against his or her employer, a product liability […]
Massachusetts Appeals Court Holds Workers’ Compensation Insurance Company at Time of 1998 Injury Liable for 2012 Surgery and Other Benefits
Most Cape Cod workers’ compensation cases are opened and closed within a few months or, in cases involving more severe injuries, perhaps a few years. Sometimes, however, a particular injury is of such a nature that the case may not be fully resolved for decades. In a case recently decided on appeal, the original injury […]
Massachusetts’ Highest Court Rules that Newspaper Delivery Person Was Independent Contractor and Thus Ineligible for Workers’ Compensation Benefits
In a Cape Cod workers’ compensation case, there are several things that a claimant must prove in order to recover benefits such as paid medical care and temporary disability benefits. First and foremost, the claimant must be able to prove that he or she was an employee of the entity from which he or she […]
Massachusetts Court Affirms Summary Judgment in Slip and Fall Case Based on Exclusivity Provision of Workers’ Compensation Act
Cases involving injuries at one’s workplace can be wrought with many potential complications. For example, a Massachusetts workers’ compensation claim might be met with a denial of benefits on the ground that the “employee” was actually an independent contractor. Under Massachusetts law, independent contractors are not entitled to workers’ compensation benefits. However, they may be […]
Decision to Deny Line-of-Duty Benefits to State Trooper Reversed as Ad Hoc, Per Massachusetts Appeals Court
Most workers who are injured on the job are entitled to some type of compensation. For example, a Cape Cod workers’ compensation claimant may pursue medical treatment, temporary disability, or permanent disability benefits, depending upon the nature and resolution of his or her injuries. Some types of workers are limited to benefits under a particular […]
Massachusetts Appeals Court Affirms Temporary Total Disability Award to Nurse Who Was Hurt at Work
Accidents at work can result in substantial harm to employees, including fractures, lacerations, contusions, disc herniations, strains, sprains, amputations, paralysis, blindness, hearing loss, and many other injuries. In a Cape Cod workers’ compensation case, an employee may be entitled to receive several different types of benefits, both temporary and permanent. It is always best to […]
Massachusetts Appeals Court Affirms Permanent, Total Disability Award in Workers’ Compensation Case
Following an injury at work, a Massachusetts workers’ compensation claimant may or may not be able to return to his or her previous job. In cases in which the worker is unable to go back to the employment in which he or she was engaged at the time of the accident or work-related illness, he […]