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‚óŹ An additional source of comprehensive USERRA information is available at the National Committee for Employer Support of the Guard and the Reserve’s (ESGR) website: www.esgr.org

E.

Workers’ Compensation

In Massachusetts, all employers must provide workers’ compensation insurance under

the workers’ compensation statute, Mass. Gen. L. c. 152, to each employee. Such coverage

is normally the exclusive remedy for an employee who suffers a personal injury arising out

of her employment.

The statute prohibits any pre-employment inquiry regarding whether an applicant has

sought or received workers’ compensation benefits. It also is unlawful for employers to

retaliate against an employee for having sought workers’ compensation benefits. Moreover,

an employee with an approved claim for benefits and who is able to perform the essential

functions of the job with or without reasonable accommodation is automatically considered

“handicapped” under Massachusetts law, thereby providing rights to reasonable

accommodations under Chapter 151B. Furthermore, terminated employees who leave due to

a workers’ compensation covered injury have certain rehire preferences, although such

individuals are not guaranteed reemployment or job restoration.

F.

Privacy Rights

Under Massachusetts law (Mass. Gen. L. c. 214 § 1B), employees are protected

against unreasonable, substantial or serious interference into their private lives. Although

employers can have legitimate interests in employee private information, those interests are

balanced against the employee’s reasonable expectation of privacy. As a result, employees

sometimes bring claims against employers for invasion of privacy, usually for such conduct

17

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