In Massachusetts, the workers’ compensation system is often the only avenue for injured workers to obtain benefits following a job-related injury. However, when injuries result from the negligence of another contractor or party on a shared worksite, injured workers may seek damages through third-party tort claims. A recent decision by a Massachusetts court illustrates the legal hurdles plaintiffs face when pursuing civil claims against subcontractors who assert workers’ compensation immunity. If you have been injured on the job and believe your injuries were caused by another contractor’s negligence, a Massachusetts workers’ compensation and personal injury attorney can help you explore every available legal remedy.
Factual Background and Procedural History
It is reported that the plaintiff, a supplier of mast climbing work platforms, brought suit against a masonry subcontractor and others after an accident at a construction site in Boston. The plaintiff alleged that its employee was injured while dismantling one of the platforms and that the injury was caused by the negligence of the subcontractor’s foreman and crew, who had allegedly altered the platform’s configuration and left it in an unsafe condition.
It is alleged that the subcontractor had hired the plaintiff’s company to provide the platforms as part of a larger masonry project. After the masonry work was completed, the plaintiff’s employee returned to the site to dismantle the equipment. During the process, a platform component collapsed, resulting in injury. The plaintiff sought damages under theories of negligence and vicarious liability.
It is further reported that the subcontractor moved for summary judgment, arguing that it was immune from suit under the exclusivity provision of the Massachusetts Workers’ Compensation Act. The subcontractor contended that it had paid workers’ compensation premiums for the plaintiff’s employee through its policy with the Massachusetts Workers’ Compensation Assigned Risk Pool and that this coverage rendered it a statutory employer entitled to immunity under G.L. c. 152, § 23.
The court denied the motion, concluding that a factual dispute existed regarding whether the plaintiff’s employee was truly a “statutory employee” of the subcontractor. The subcontractor appealed.
Workers’ Compensation Immunity for Subcontractors
The Massachusetts Appeals Court reversed the trial court’s decision, holding that the subcontractor was entitled to workers’ compensation immunity as a matter of law. The Court analyzed the scope of statutory employer immunity under G.L. c. 152, §§ 18 and 23, which extend the protections of the Workers’ Compensation Act to certain general contractors and subcontractors who secure compensation coverage for individuals performing work on their behalf.
The Court explained that even if the plaintiff’s company operated as an independent contractor, the subcontractor was protected from third-party liability as long as it had paid the necessary insurance premiums on behalf of the injured worker. The Court relied on established precedent holding that immunity attaches when the alleged tortfeasor secures coverage for the injured party, regardless of whether a direct employment relationship exists.
The Court also emphasized that Massachusetts law discourages efforts to bypass the workers’ compensation system by recharacterizing employment relationships or invoking common-law tort theories. Because the subcontractor had obtained and maintained workers’ compensation insurance that covered the plaintiff’s employee at the time of the incident, it was entitled to the statutory immunity conferred by the Act.
Accordingly, the Court ordered summary judgment for the subcontractor, concluding that the plaintiff’s claims were barred by the exclusivity provision. This decision reinforces the broad application of workers’ compensation immunity in Massachusetts, especially in the construction industry where layered subcontracting arrangements are common.
Consult an Experienced Massachusetts Workers’ Compensation Lawyer
If you were hurt while working and have questions about what workers’ compensation benefits you may be owed, you should talk to an attorney. Attorney James K. Meehan of the Law Office of James K. Meehan has ample experience navigating complex workers’ compensation claims and can advise you of your rights. Call us at 508-822-6600 or reach out through our online form to schedule a confidential consultation.