When an employee contracts an infectious disease during a public health emergency, determining whether the harm is compensable under the Massachusetts Workers’ Compensation Act can be complicated. A recent decision by a Massachusetts court clarifies that contracting COVID-19 may constitute a compensable injury when the nature of the worker’s job exposes them to heightened risk, reaffirming protections for essential workers who performed critical duties during the pandemic despite elevated exposure to danger. If you are an employee who suffered illness or injury in the course of employment, it is essential to speak with a Massachusetts workers’ compensation attorney to understand your rights.
Background and Procedural History
It is reported that the plaintiff worked as a head lineman for a utility company, a position that involved physically demanding tasks such as installing and repairing overhead and underground electrical lines. The plaintiff’s role required close collaboration with fellow linemen and involved riding in trucks and working in proximity to others. During the COVID-19 pandemic, the plaintiff’s job was designated as an “essential service,” and he was urged to continue working under the Governor-issued emergency orders.
It is alleged that while most businesses were shuttered under executive orders, the plaintiff continued to report for duty, working shoulder to shoulder with coworkers and remaining in confined spaces such as truck cabs. In February 2021, after a fellow lineman reported feeling unwell, the plaintiff and most members of his team tested positive for COVID-19. Although the plaintiff initially tested negative, he developed symptoms within days, ultimately contracting the virus and experiencing severe illness, including hospitalization, respiratory complications, and long-term disability. Continue reading →