What’s a ‘Personal Injury’ in Massachusetts?

Glossary Check

For those who need to work in technical language and get it right, knowing definitions of terms and how they're defined or described under states' workers' compensation laws could come in handy. Simply Research subscribers have access to definitions and other compliance materials from across all 53 U.S. jurisdictions.

As an example, we shine the light on what "personal injury" means in the Commonwealth of Massachusetts.

Meaning of 'Personal Injury'

"Personal injury" includes infectious or contagious diseases if the nature of the employment is such that the hazard of contracting such diseases by an employee is inherent in the employment.

What's Not Included?

"Personal injury" shall not include any injury resulting from an employee's purely voluntary participation in any recreational activity, including but not limited to athletic events, parties, and picnics, even though the employer pays some or all of the cost thereof. Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment.

Pre-existing Conditions

If a compensable injury or disease combines with a pre-existing condition, which resulted from an injury or disease not compensable under this chapter, to cause or prolong disability or a need for treatment, the resultant condition shall be compensable only to the extent such compensable injury or disease remains a major but not necessarily predominant cause of disability or need for treatment. No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.

Share This Article: