Articles Posted in Workers’ Compensation

When an employee suffers emotional distress or confronts conflict with a supervisor following a workplace injury, it may seem reasonable to pursue a tort claim against the employer or individual actors. However, Massachusetts law provides strong protections for employers and supervisors under both federal labor law and the Workers’ Compensation Act. A recent Massachusetts decision illustrates how these laws interact to preempt or bar common-law claims that may arise from workplace-related conduct. If you are facing employment-related issues after an injury, consulting a Massachusetts workers’ compensation attorney is essential to preserve your rights.

History of the Case

It is reported that the plaintiff worked as a service technician for a telecommunications company in Worcester, Massachusetts. His job duties included installing and repairing telephone lines, and he was a member of a union whose employment terms were governed by a collective bargaining agreement (CBA). The CBA included a broad “Management Rights” clause that gave the employer authority over operational decisions, including supervision, workplace safety, and performance evaluations.

It is further reported that the plaintiff’s supervisor conducted monthly unannounced worksite visits as part of a safety compliance program mandated by the company. The plaintiff was involved in a work-related vehicle accident. One week later, the supervisor visited the plaintiff’s home without prior notice, leading to a tense confrontation with the plaintiff’s father. The plaintiff later sued both the employer and the supervisor in Massachusetts state court, asserting claims for intentional infliction of emotional distress, negligent infliction of emotional distress, trespass, and respondeat superior. The case was subsequently removed to federal court based on preemption by federal labor law. Continue reading →

Massachusetts employees who suffer workplace injuries may be eligible for workers’ compensation benefits, but that protection does not always extend to separate claims of handicap discrimination or retaliation under the state’s anti-discrimination law. A recent decision from a Massachusetts court illustrates how employees who are unable to perform essential job functions due to a workplace injury may not qualify for protection under the state’s handicap discrimination statute. If you were injured on the job or believe you were wrongfully terminated after filing for workers’ compensation, you should consult with a Massachusetts workers’ compensation attorney to explore your options.

Facts and Procedure of the Case

It is reported that the plaintiff was employed as a warehouse coordinator by a small Massachusetts manufacturing company. His role required constant lifting of items weighing up to 50 pounds. He fell from a ladder and suffered a serious left shoulder injury. Medical documentation soon after the accident indicated that the plaintiff could not engage in repetitive motion or lift more than five to ten pounds. His doctors eventually concluded that he required shoulder surgery, which was performed later that year.

It is further reported that the plaintiff was restricted from using his left arm for weeks after surgery and continued to experience significant pain. In April of the following year, his treating physician documented that the plaintiff required emergency treatment and suggested the injury might be permanent. By the middle of the year, the plaintiff accepted a settlement of $45,000 lump sum for workers’ compensation. The settlement was approved by the Department of Industrial Accidents and included compensation for future weekly benefits. Continue reading →

Under Massachusetts’ Workers’ Compensation Act, a lump sum settlement cannot be imposed on an employee who no longer consents to its terms. This was emphasized by a recent Massachusetts decision reaffirming that a valid settlement under Chapter 152 requires a true meeting of the minds. If you are navigating a workers’ compensation claim and have concerns about settlement pressure, it is important to speak with a Massachusetts workers’ compensation attorney to ensure your rights are protected.

Factual History and Procedural Background

It is reported that the employee sustained injuries to his lower back after being struck by a forklift during the course of his employment. Following the incident, the employee received temporary total incapacity benefits under G.L. c. 152, § 34. The employer’s workers’ compensation insurer later filed to reduce or terminate those benefits. After proceedings before the Department of Industrial Accidents, the insurer was ordered to continue paying benefits under § 35 for partial incapacity.

It is further reported that two years later, the parties negotiated a lump sum settlement. However, shortly after an initial administrative hearing, the employee allegedly had second thoughts about entering into the agreement. This change of heart was reportedly prompted by a recent MRI indicating that his back condition was worse than he had previously understood. The employee, through counsel, informed both the insurer and the administrative judge that he no longer wished to proceed with the lump sum agreement. Continue reading →

Determining who qualifies as an “employer” under Massachusetts workers’ compensation law can be pivotal in personal injury litigation. When workplace injuries occur, the exclusive remedy provision under the Workers’ Compensation Act typically bars employees from bringing tort claims against their employers. In a recent decision, a federal appellate court found that an airline could not be sued for negligence by a flight attendant injured on duty, as it was deemed her employer for workers’ compensation purposes. If you sustained a workplace injury and are considering your legal options, it is important to consult a Massachusetts workers’ compensation attorney.

Factual Background and Procedural History

It is reported that the plaintiff, a flight attendant, suffered serious back injuries while working on a commercial flight operated by a subsidiary of the defendant airline. The incident occurred during a sudden stop on the runway as the aircraft was taxiing at Boston’s Logan Airport. Although the plaintiff had applied for and was hired by the subsidiary company, she later sued the parent airline for negligence, alleging that it was a separate entity and thus subject to third-party liability under Massachusetts law.

It is further reported that the plaintiff began receiving workers’ compensation benefits shortly after the accident and eventually settled her claim through a lump sum payment. The compensation was paid by an insurance carrier that covered both the parent airline and its subsidiary. Despite the settlement, the plaintiff pursued a negligence action against the parent airline in Massachusetts state court, asserting that the airline was not her direct employer and, therefore, not protected by the exclusivity provision of the Workers’ Compensation Act. Continue reading →

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Workers’ compensation laws often intersect with personal injury claims, particularly in complex cases involving travel or injuries that occur outside a worker’s usual place of employment. In such cases, both the Workers’ Compensation Act (WCA) and applicable state law can determine whether the injured party may proceed with a claim. A recent case illustrates the significant impact of choice-of-law decisions in the workers’ compensation context and the importance of timely filing within the relevant statute of limitations. If you were hurt while traveling for work, you should talk to a Massachusetts workers’ compensation attorney about your rights.

Factual and Procedural Background

It is reported that the plaintiff, a Connecticut resident employed by a Massachusetts-based company, suffered an injury on a Delta Air Lines flight while traveling from Connecticut to Georgia for a work-related conference. Reportedly, the plaintiff’s employer, which had an office in Massachusetts, paid for the plaintiff’s travel, accommodations, and associated expenses as part of a continuing education program.

It is reported that while seated on the airplane, the plaintiff was struck by a beverage cart, which became unrestrained and collided with his knee. The incident allegedly led to significant pain, swelling, and, ultimately, a surgical procedure. The plaintiff received medical treatment in both Connecticut and Massachusetts before filing a claim in Massachusetts, asserting that he was injured in the course of employment and seeking compensation for negligence and breach of contract. The defendant removed the case to federal court based on diversity jurisdiction. Continue reading →

Workers covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) are entitled to benefits for injuries sustained during employment, including the aggravation of pre-existing conditions. While many employers will attempt to avoid paying benefits by arguing that such harm is not work-related, they often face an uphill battle, as illustrated in a recent Massachusetts case involving a maritime worker with a rare neurological disorder explaining the reach of the LHWCA in covering work-induced aggravations and the evidentiary burden employers must meet to avoid liability. If you sustained injuries while working, it is important to understand your rights, and you should talk to a Massachusetts workers’ compensation attorney promptly.

History of the Case

It is reported that the claimant, employed by a shipbuilding company, suffered from paramyoclonus multiplex, a neurological condition. It is alleged that the condition was aggravated by physical and emotional stressors at the workplace, including alleged harassment by co-workers. The claimant filed for compensation under the LHWCA, seeking total disability benefits on the grounds that his work environment caused his condition to worsen.

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Massachusetts workers’ compensation laws are designed to provide benefits to employees who suffer work-related injuries. However, emotional injuries present unique legal challenges, particularly when they arise from personnel actions such as disciplinary proceedings. A recent Massachusetts workers’ compensation case examined whether an employee who developed an emotional disability following a workplace investigation was entitled to benefits. If you are dealing with a workers’ compensation dispute, it is wise to consult with an experienced Massachusetts workers’ compensation attorney as soon as possible to ensure your rights are protected.

Case Setting

It is alleged that the claimant, a correctional officer, suffered an emotional injury following an investigatory interview regarding allegations of misconduct. The employer conducted the interview to determine whether the claimant had improperly reported income, which affected his back-pay calculation upon reinstatement. The claimant experienced severe emotional distress following the interview, resulting in his inability to return to work.

It is reported that the claimant applied for total or partial incapacity benefits under Massachusetts workers’ compensation law, asserting that the emotional distress suffered as a result of the workplace investigation rendered him unable to work. The Department of Industrial Accidents initially denied his claim, finding that the investigation constituted a bona fide personnel action, which under Massachusetts law precludes benefits for emotional injuries arising from legitimate employer actions. However, the Industrial Accident Reviewing Board reversed this decision, determining that the interview did not constitute a personnel action and thus did not bar the claimant’s right to benefits. The claimant appealed. Continue reading →

Workers engaged in maritime-related activities are entitled to specific protections under the Longshore and Harbor Workers’ Compensation Act (LHWCA). However, determining eligibility for benefits under this Act can be complex, especially for employees whose duties include both clerical and operational tasks. A recent Massachusetts decision provides important guidance on what constitutes maritime employment for the purpose of compensation eligibility. If you are navigating a workers’ compensation claim involving maritime employment, it is in your best interest to consult an experienced Massachusetts workers’ compensation attorney as soon as possible.

History of the Case

It is alleged that the claimant, a book clerk employed at a port terminal, suffered a back injury after a fall in an employee parking lot adjacent to navigable waters. The claimant’s job responsibilities included processing ship manifests, recording cargo movements, and identifying goods being loaded and unloaded. While most of the claimant’s duties took place in an office setting, he was required to inspect cargo at the container yard and, on occasion, board vessels to resolve manifest discrepancies.

It is alleged that after the injury, the claimant applied for benefits under the LHWCA. However, the Benefits Review Board denied the claim, reasoning that the claimant’s clerical duties did not constitute “maritime employment” as defined by the Act. Reportedly, the Board concluded that the claimant’s work was primarily administrative rather than directly involved in loading and unloading vessels. The claimant appealed the decision, arguing that his job required active participation in maritime operations. Continue reading →