People injured while working can often recover workers’ compensation benefits from their employers. Typically, however, they are precluded from pursuing civil claims against their employers pursuant to the Massachusetts Workers’ Compensation Act (the Act). In some cases, they may be able to recover damages from parties other than their employer, though; to do so, they must establish liability. Recently, a Massachusetts court examined what a plaintiff must prove to recover compensation in a third-party claim arising out of a work accident. If you were injured on the job, you might be owed benefits and damages, and it is advisable to confer with a Massachusetts workers’ compensation lawyer about your rights.
The Plaintiff’s Harm
It is alleged that the plaintiff was working on a residential construction site when he fell off of a scaffold. He sustained injuries to his left foot and knee in the fall. He then commenced a lawsuit against the general contractor for the project, alleging its negligence caused him harm. After the plaintiff presented his case at the bench trial held in the matter, the defendant moved for involuntary dismissal, arguing that it did not owe the plaintiff a duty of care and, therefore, could not be deemed liable for his losses. The trial court granted the motion, and the plaintiff appealed.
The Plaintiff’s Claims
Under Massachusetts law, a plaintiff setting forth a negligence claim must show that the defendant owed the plaintiff a duty of care, the defendant breached the duty, the plaintiff sustained damages, and a causal connection between the harm suffered and the defendant’s breach. Usually, a general contractor will not be liable for physical harm suffered by the employee of a subcontractor. Continue reading →