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Articles Posted in Workers’ Compensation

Massachusetts’ Three-Year Statute of Limitation Applied to Subrogation Claim for Injuries to Construction Worker from Another State
The Law Offices of John C. Manoog III

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 dispute, due to the unique…

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Massachusetts Court of Appeals Affirms Termination of Injured Employee’s Workers’ Compensation Benefits
The Law Offices of John C. Manoog III

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 worker and his or her…

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Court Denies Relief to Massachusetts Woman Who Sought Late Appeal of Workers’ Compensation Agreement
The Law Offices of John C. Manoog III

Cape 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…

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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
The Law Offices of John C. Manoog III

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…

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Massachusetts Appeals Court Agrees With Industrial Accident Reviewing Board That Car Accident Was Not in the Course of Employment
The Law Offices of John C. Manoog III

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…

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Massachusetts Court Reverses Dismissal of Injured Worker’s Claim Against Employer Who Fired Her
The Law Offices of John C. Manoog III

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…

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Massachusetts Appeals Court Holds Workers’ Compensation Insurance Company at Time of 1998 Injury Liable for 2012 Surgery and Other Benefits
The Law Offices of John C. Manoog III

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…

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Massachusetts’ Highest Court Rules that Newspaper Delivery Person Was Independent Contractor and Thus Ineligible for Workers’ Compensation Benefits
The Law Offices of John C. Manoog III

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…

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Massachusetts Court Affirms Summary Judgment in Slip and Fall Case Based on Exclusivity Provision of Workers’ Compensation Act
The Law Offices of John C. Manoog III

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…

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Decision to Deny Line-of-Duty Benefits to State Trooper Reversed as Ad Hoc, Per Massachusetts Appeals Court
The Law Offices of John C. Manoog III

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…

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