The Massachusetts Workers’ Compensation Act (the Act) provides the sole remedy for parties who suffer injuries arising out of the course and scope of their employment. There are exceptions to the exclusivity provision of the Act, however, that allow employees to pursue civil claims against their employers. The exceptions to the exclusivity provision were the topic of a recent Massachusetts opinion issued in a case in which a legal secretary sought compensation for harm caused by intentional acts. If you sustained harm at work, it is in your best interest to consult a capable Massachusetts workers’ compensation lawyer regarding what benefits you may be able to recover.
The Plaintiff’s Harm
Reportedly, the plaintiff worked for the defendant as a legal secretary at his law firm. Initially, she was his only employee, but he expanded his staff over the years. The evidence demonstrated that he regularly engaged in abusive behavior towards the plaintiff, such as belittling and verbally attacking her and screaming and shouting in her face.
It is alleged that the plaintiff ultimately left the defendant’s employ and filed a lawsuit against him, asserting intentional infliction of emotional distress and other claims. The defendant moved for dismissal of the plaintiff’s claims, arguing they were barred by the exclusivity provision of the Act. The case proceeded to trial, and a jury found in favor of the plaintiff. The defendant then appealed. Continue reading →