Workers' Compensation (M.G.L. c. 152) (452 CMR 1.00) (DIA Forms)
- An employee who received a personal injury arising out of and in the course of his employment is entitled to workers' compensation.
- The amount of compensation payable to an injured employee is doubled when the injury results from serious and wrongful misconduct of the employer. The employer is ultimately responsible for payment of the additional compensation even if insured.
- If an employer fails to provide workers' compensation insurance or to become a licensed self-insurer, the injured employee may bring an action in tort for personal injuries without having to prove negligence.
- Employees who have received workers compensation benefits are entitled to preference in reemployment over new applicants.
- An employer cannot discriminate against an employee for exercising his rights under the Workers' Compensation Act or co-operating in an inquiry under the Act. (M.G.L. c. 152, s. 75B(2))
- When an insured employer contracts with an uninsured independent contractor who is performing part of the employers' business or trade, the insurer of the employer must pay compensation if an employee of the uninsured independent contractor is injured.
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