Cape Cod Injury Lawyer BlogTrial 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. It was […]
Articles Posted in Workers’ Compensation
Massachusetts Produce Company Was Immune from Negligence Suit by Temporary Worker Provided by Staffing Company – Molina v. State Garden, Inc.
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 […]
“Paid Sick Time” Law Goes into Effect in Massachusetts, Effective July 1, 2015
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 […]
Federal Court Asks Massachusetts Supreme Court for Guidance with Regard to How Two Insurance Companies Should Pay a Workers’ Compensation Claim Covered by Both
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 federal court of […]
Massachusetts County Correction Officer’s Claim for Assault Pay Was Subject to Three-Year Statute of Limitations – Flaherty v. Sheriff of Suffolk County
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 to an employee’s injuries […]
Proceeds of a Third Party Settlement Compensating a Massachusetts Employee for Pain and Suffering Were Not Subject to a Worker’s Compensation Lien – DiCarlo v. Suffock Construction Company
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 company may […]
Benefits for Permanent Loss of Psychiatric Function Not Available to Massachusetts Worker: Litchfield’s Case
Since mental and emotional injuries are not as easy to see as physical injuries, they are often more difficult to prove in court. This is true not only in cases such as automobile accidents and product liability lawsuits, but in workplace injury cases as well. This is unfortunate because non-physical injuries can be just as harmful as […]
Seaman with Aplastic Anemia Was Entitled to Maintenance and Cure, Contrary to Massachusetts District Court’s Decision: Ramirez v. Carolina Dream, Inc.
On-the-job injuries are all too common, particularly in inherently dangerous occupations such as commercial fishing. The plaintiff in the recent case of Ramirez v. Carolina Dream, Inc., was a crew member on a commercial fishing vessel. He had been employed as such for about eight years when, in late 2008, rough seas caused him to […]
Federal Appellate Court Upholds Summary Judgment in Medical Monitoring Case Brought Under Massachusetts Law: Genereux v. Raytheon
Not all workplace injuries are sudden and immediate. Sometimes, the damage to an employee’s body occurs over time, such as in cases of repetitive motion or prolonged exposure to noise or toxic chemicals. Beryllium is a hazardous chemical that, even through modest workplace exposure, can be harmful. People exposed to beryllium can develop a malady known as Chronic Beryllium Disease (CBD). […]
Massachusetts Supreme Judicial Court Examines Employer Immunity Under the Massachusetts Workers’ Compensation Act — Estate of Moulton v. Puopolo
Hyannis and Portsmouth communities know that accidents may happen while at work, and they know worker’s compensation laws will help them with their injuries and loss of work. However, not all workplace injuries are caused by accidents and may be caused by the willful and malicious acts of another person. Some jobs deal with violent […]