Massachusetts Injury Lawyers Blog
Massachusetts law prohibits employers from retaliating against employees for exercising rights under the Workers’ Compensation Act. Nevertheless, employees who believe they were terminated after reporting a workplace injury must still present evidence showing that their injury claim or protected activity actually motivated the employer’s decision. A recent First Circuit decision demonstrates the challenges employees face when attempting to prove workers’ compensation retaliation. If you believe you were fired or otherwise punished after reporting a workplace injury, you should consult with a Massachusetts workers’ compensation attorney to understand your legal options.
Case Setting
Reportedly, the plaintiff worked for the defendant manufacturing company for several years and consistently received positive evaluations regarding the quality of his work. At the same time, however, company records reflected longstanding concerns regarding excessive tardiness and absenteeism. The plaintiff received warnings and counseling concerning attendance issues over multiple years.
Allegedly, the plaintiff performed physically demanding work involving the movement of large, heavy tables. Over time, he experienced back pain that he believed was related to his job duties. He raised concerns about the physical strain of the work and suggested equipment modifications that might reduce stress on his back.
It is reported that the plaintiff suffered a workplace incident in which his hand slipped from a table and he twisted his back. He promptly reported the incident to his supervisor. The following day, he visited a physician, who diagnosed a low back strain and related conditions. The doctor did not impose formal work restrictions but recommended further evaluation. After informing management about the injury and medical appointment, the plaintiff was assigned to less strenuous duties.
It is alleged that only a few days after reporting the injury, the plaintiff was terminated. He subsequently filed claims asserting, among other things, that the employer violated Massachusetts General Laws chapter 152, section 75B, by retaliating against him for exercising rights protected by the Workers’ Compensation Act. The trial court entered summary judgment for the employer, and the plaintiff appealed.
Establishing a Violation of the Workers’ Compensation Act
The First Circuit reviewed the summary judgment ruling de novo and focused on whether the plaintiff had presented sufficient evidence to establish a causal connection between his workplace injury and his termination. Under Massachusetts law, employees may not be discharged or otherwise discriminated against for exercising rights afforded under the Workers’ Compensation Act. However, an employee must still show that the protected activity played a meaningful role in the adverse employment decision.
The court examined the timing of the plaintiff’s injury report and subsequent termination. Although the termination occurred shortly after the workplace injury, the court emphasized that timing alone does not automatically establish retaliation. Instead, courts must consider the entire factual record, including the employer’s stated reasons for the termination.
The employer presented extensive evidence documenting the plaintiff’s attendance and punctuality problems over several years. Company records reflected repeated warnings, counseling sessions, and concerns regarding excessive absences and lateness. The employer also demonstrated that other employees had been terminated for similar attendance-related issues. Importantly, the individual who made the decision to terminate the plaintiff reportedly had no knowledge of the plaintiff’s recent injury or medical complaints when the decision was made.
The court concluded that the plaintiff failed to produce sufficient evidence showing that the employer’s explanation was a pretext for retaliation. While the proximity between the injury report and termination raised questions, the broader record overwhelmingly supported the employer’s position that longstanding attendance concerns motivated the decision.
Accordingly, the court affirmed summary judgment in favor of the employer and dismissed the workers’ compensation retaliation claim.
Meet with a Trusted Massachusetts Workers’ Compensation Attorney
Employees who report workplace injuries should not be subjected to retaliation for exercising their rights under Massachusetts workers’ compensation laws. If you believe your employer retaliated against you for seeking the benefits you are owed, it is smart to talk to an attorney as soon as possible. James K. Meehan of the Law Office of James K. Meehan is a trusted Massachusetts workers’ compensation attorney who helps injured workers protect their rights and pursue remedies when employers violate the law. To schedule a consultation, contact the firm at 508-822-6600 or reach out online.