The Massachusetts Workers’ Compensation Act (the Act) provides employees throughout the Commonwealth with the right to pursue benefits for illnesses or injuries that arise in the scope of employment. In exchange for that right, though, the Act bars people from pursuing tort claims from their employers, as discussed in a recent Massachusetts ruling. If you were injured in the workplace, you may be able to recover benefits, and you should talk to a Massachusetts workers’ compensation lawyer about your options.
Factual History and Procedural Setting
It is reported that the plaintiff injured his shoulder while picking up windows at the defendant’s request in February 2001. The incident occurred in an icy parking lot, where the plaintiff slipped and fractured his shoulder. At the time, there was no formal documentation regarding whether the plaintiff was an employee or an independent contractor. After the injury, the plaintiff filed a workers’ compensation claim, but the defendant’s insurer rejected it, claiming the plaintiff was an independent contractor. The plaintiff also initiated a personal injury lawsuit, first against the owner of the lumber yard and later adding the defendant, alleging negligence in directing him to work under dangerous conditions.
It is alleged that while pursuing both the workers’ compensation claim and the tort lawsuit, the plaintiff eventually settled with the defendant for a lump sum of $8,500 under the Act. The settlement agreement noted the dispute over the plaintiff’s employment status and allowed the plaintiff to continue his tort action. After the workers’ compensation settlement, the defendant failed to respond to the tort action, resulting in a default judgment in favor of the plaintiff. The plaintiff also settled with the lumber yard for $42,500. The defendant sought to vacate the default judgment, claiming that the Act’s exclusivity provision barred the plaintiff’s tort claim. The granted motion to vacate the default judgment and summary judgment in favor of the defendant based on the exclusivity provision. The plaintiff appealed. Continue reading →