The Massachusetts Workers’ Compensation Act provides that employees who are hurt while working can recover medical benefits and wage loss benefits for losses related to their harm. In some instances, other benefits may be available as well. For example, as discussed in a recent Massachusetts ruling, in some instances, assault pay could be recoverable in some cases. If you were hurt while working, it is advisable to talk to a Massachusetts Workers’ Compensation attorney regarding what benefits you may be owed.
Case Setting
It is alleged that the plaintiff, a court officer, filed a complaint in alleging debilitating injuries sustained on multiple occasions dating back to 1998 while on the job. In count one, Howard sought “assault pay” to compensate for the difference between his workers’ compensation payments and his salary. In count two, he sought additional damages and attorney’s fees under the Wage Act, due to the Commonwealth’s failure to provide assault pay. The defendant moved to dismiss the plaintiff’s complaint in its entirety. The trial court granted the defendant’s motion, leading to the plaintiff’s appeal.
Assault Pay for Work-Related Harm
On appeal, the court affirmed the trial court ruling in part and reversed it in part. As to the first count, the court noted that the trial court dismissed it on statute of limitations grounds, which the defendant later admitted was an error. The defendant, however, argued for the dismissal on the alternative ground that the plaintiff’s complaint failed to state a claim for which relief could be granted. Specifically, the defendant contended that the injuries the plaintiff suffered, for which he was eligible for workers’ compensation, did not fall under the assault pay statute’s coverage. Continue reading →