Cape Cod Injury Lawyer BlogWhile the majority of cases involving injuries (such as car accident lawsuits, slip and fall cases, and workers’ compensation claims) are settled out of court, sometimes litigation can drag out for several years. In a recent workers’ compensation case heard by a Massachusetts appellate court, however, an injured worker’s case had been going on since […]
Articles Posted in Workers’ Compensation
Federal District Court in Massachusetts Denies Summary Judgment to General Contractor Following Injury by Allegedly Defective Tool
Typically, a worker who is hurt on the job is limited to benefits available to him or her under the Massachusetts workers’ compensation laws. However, there are a few limited circumstances under which a third party may be liable in tort for the employee’s injuries. One of these circumstances arises when a defective product was to […]
Massachusetts Appeals Court Agrees that Injured Worker Was Entitled to Prescription Drug Coverage and Reimbursement for Medical Appointments
Under Massachusetts workers’ compensation laws, a person who is hurt at work may seek compensation for several types of benefits – including temporary disability, permanent disability, and medical expenses. Ideally, the employer’s insurance company will pay these benefits in a timely and non-contentious fashion. Unfortunately, this is not always the case, and an employee’s claim […]
Recent Massachusetts Appeals Court Addresses Earning Capacity Computation in Work Injury Case
When a worker is hurt on the job, there are several types of benefits to which he or she may be entitled under Massachusetts workers’ compensation laws. These typically include medical expenses, temporary total or temporary partial disability payments, and permanent total or permanent partial disability benefits. Unlike tort cases arising from accidents caused by negligence […]
Massachusetts Appeals Court Agrees with Reviewing Board that Employee’s Injury Had Resolved, Ending All Benefits Except Medical Expenses – Anthony Osemwegie’s Case
Workplace injuries can happen in many different ways. Heavy lifting can cause a back strain or even a herniated lumbar disc. Repetitive motion can trigger carpal tunnel syndrome and ulnar nerve entrapment. A slip and fall accident on a wet floor can cause a broken arm or leg. If a work injury results in an […]
Massachusetts Court Refuses to Disturb ALJ’s Denial of Workers’ Compensation Benefits Without Supporting Medical Evidence on Appeal – William J. Jackson’s Case
Those who are injured on the job have a legal right to seek workers’ compensation benefits to cover medical expenses and at least partially offset lost wages. If a particular work injury results in a permanent disability, a worker may also file a claim for incapacity benefits. Of course, the benefits are not automatic, and […]
Massachusetts Court Rules That Workers’ Compensation Action is Claim-Barred When It Could Have Been Brought in Earlier Litigation – Clarissa Perez’s Case
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 still […]
Workers’ Compensation Case by Massachusetts Employee with Pre-Existing Condition Failed Due to Proof that Work-Related Injury Was Major Cause of Current Disability – Adrian Aleman’s Case
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 […]
When Causal Connection Existed Between Massachusetts Worker’s Industrial Accident and Subsequent Injury, Worker Was Due Workers’ Compensation Benefits – Daniel Wilson’s Case
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 […]
Massachusetts Worker Was No Longer Entitled to Workers’ Compensation Benefits When Continuing Disability Was Caused by Obesity and Pre-Existing Condition – Robert Amaral’s Case
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 or […]