Massachusetts Workers' Compensation Rights: Protecting Injured Workers From Retaliation
Your Rights as an Injured Worker in MassachusettsSuffering an injury on the job can be a physically and emotionally challenging experience. Fortunately, Massachusetts law provides critical protections for injured workers through the workers' compensation system. If you've been injured while performing your job duties, it's essential to understand your rights and know that seeking workers' compensation benefits is your legal entitlement. Moreover, your employer is prohibited from punishing you for pursuing these benefits. In this article, we will explore your rights against retaliation as an injured worker in Massachusetts and the safeguards in place to protect you.
Workers' Compensation Benefits in MassachusettsUnderstanding Workers' Compensation:
Protection from Employer RetaliationMassachusetts law is clear: employers are prohibited from punishing employees for seeking workers' compensation benefits. Retaliation can take various forms, including:
Proving Retaliation for Using Workers' Compensation BenefitsWhile Massachusetts law protects injured workers from employer retaliation for seeking workers' compensation benefits, it's crucial to understand how to demonstrate retaliation if you believe you've faced adverse actions as a result of your claim. Proving retaliation can help protect your rights and hold your employer accountable. Here are some steps to help you establish a case of retaliation:
Document Adverse Actions: Keep a thorough record of any adverse actions taken by your employer after you filed your workers' compensation claim. Include dates, times, individuals involved, and any supporting evidence, such as emails or witness statements. Establish Timing: The timing of adverse actions is often a critical factor in proving retaliation. If your employer took adverse actions shortly after your workers' compensation claim, it may indicate a causal link. The closer in time the retaliation is to your claim, the stronger your case. Compare Treatment: Consider how your employer has treated other employees who have not filed workers' compensation claims. If there is a significant difference in how you were treated compared to your colleagues, it can strengthen your case. Consult with an Attorney: Seeking guidance from an experienced workers' compensation attorney is advisable when pursuing a retaliation claim. An attorney can assess the strength of your case, provide legal advice, and represent your interests effectively. ConclusionInjured workers in Massachusetts have the right to seek workers' compensation benefits without fear of retaliation from their employers. These benefits are designed to provide support and financial assistance during challenging times. By understanding your rights and knowing that protections are in place, you can pursue the benefits you deserve while focusing on your recovery and well-being.
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced legal team can provide you with the guidance and support needed to document and prove retaliation for using workers' compensation benefits, ensuring your rights are protected and helping you navigate the legal process effectively. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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