When an employee is injured at or near their workplace, one of the first questions that arises is whether the injury is covered under the Massachusetts Workers’ Compensation Act. The Act provides a comprehensive and exclusive system of remedies for injuries occurring in the course of employment. A recent decision issued by a Massachusetts court demonstrates how strictly courts enforce the exclusivity provision, even when an insurance carrier initially denies coverage. If you were injured on the job, it is wise to talk to a Massachusetts workers’ compensation attorney promptly.
Case Setting
It is reported that the plaintiff was employed by the defendant community health center and, on the day of the accident, had completed her shift and punched out. She exited the building and began walking across property owned or controlled by the defendant, intending to head toward a nearby CVS Pharmacy. While still on the employer’s property, she tripped on a curb and suffered personal injuries.
It is further reported that the defendant filed a workers’ compensation report with its insurance carrier. The insurer subsequently denied coverage, claiming the plaintiff was not acting within the course and scope of her employment when the injury occurred. The plaintiff received notice of this denial but did not file her own claim or appeal to the Department of Industrial Accidents. Instead, nearly three years later, she filed a lawsuit in Superior Court seeking damages under common-law theories.
It is alleged that the plaintiff opposed summary judgment by arguing two points: first, that her injuries did not occur during the course of employment because she was headed toward CVS, and second, that she should be excused from pursuing workers’ compensation remedies because the insurer denied coverage. The defendant countered that the injury fell within the Act and that the exclusivity provision barred her lawsuit. The court ultimately agreed with the defendant.
Injuries Outside of the Workplace
The court explained that under G.L. c. 152, §§ 24 and 26, workers’ compensation is the exclusive remedy for employees injured in the course of their employment. Unless an employee expressly waives coverage in writing at the time of hire, they are automatically covered, and common-law suits are barred. Massachusetts courts interpret the Act broadly to achieve its remedial purposes.
In evaluating whether the injury was within the course of employment, the court applied the “going and coming” rule. While employees are not typically covered while commuting to or from work, Massachusetts law makes clear that injuries sustained while still on the employer’s premises are compensable. The court cited longstanding precedent holding that an employee leaving work remains within the scope of employment until they physically depart the employer’s property. Because the plaintiff tripped while still on the defendant’s property, her injury was deemed to have arisen in the course of employment, regardless of her personal intention to shop at CVS.
Turning to the exclusivity provision, the court emphasized that even when an insurer wrongly denies coverage, the Act still bars common-law claims. The proper remedy in such circumstances is for the employee to pursue a claim through the Department of Industrial Accidents and, if necessary, appeal an adverse ruling to the Superior Court. By failing to appeal the insurer’s denial and waiting nearly three years before filing suit, the plaintiff forfeited her right to seek relief outside of the workers’ compensation system. The court rejected her arguments for estoppel, noting that Massachusetts law, unlike Florida law, does not relieve employees of the exclusivity bar when insurers deny coverage.
Meet with a Knowledgeable Massachusetts Workers’ Compensation Attorney
If you have suffered a workplace injury and face challenges with workers’ compensation coverage, it is critical to act quickly and seek experienced legal guidance. Attorney James K. Meehan of the Law Office of James K. Meehan is a knowledgeable Massachusetts workers’ compensation attorney who can aid you in seeking any benefits you may be owed. For a confidential consultation, contact the firm at 508-822-6600 or reach out through the online form.