Massachusetts Injury Lawyers Blog
Workplace injury claims and retaliation protections often depend on whether an employee falls within the scope of a state’s workers’ compensation statute. While many employees assume that workplace protections automatically apply, statutory exclusions can significantly limit both benefits and legal remedies. A recent Massachusetts Superior Court decision illustrates how classification as a domestic worker can preclude recovery under workers’ compensation retaliation laws, even where a workplace injury and termination closely follow one another. If you have suffered a workplace injury or believe you were retaliated against for asserting your rights, you should consider speaking with a Massachusetts workers’ compensation attorney to evaluate your legal options.
Facts and Procedural History
Allegedly, the plaintiff was employed by the defendant as a nanny responsible for caring for children in a private household, along with performing related domestic duties such as cleaning, organizing, and managing household tasks associated with childcare. During her employment, she was bitten twice by a trained protection dog kept at the residence.
It is alleged that following the second incident, the plaintiff sought information regarding the defendant’s workers’ compensation insurance coverage in connection with her injuries. Shortly after making that inquiry, the plaintiff’s employment was terminated, prompting her to file a lawsuit asserting wrongful termination in violation of a state workers’ compensation retaliation statute.
Reportedly, the defendant moved for summary judgment, arguing that the plaintiff lacked standing to bring a retaliation claim because her position fell within a statutory exclusion from workers’ compensation coverage. The defendant contended that, as a domestic servant working in a private home, the plaintiff was not entitled to the protections of the applicable workers’ compensation law.
It is reported that the court considered the motion under the summary judgment standard, evaluating whether any genuine issues of material fact existed and whether the defendant was entitled to judgment as a matter of law.
Employee Status in Workers’ Compensation Claims
The court focused its analysis on whether the plaintiff qualified as an employee covered under the relevant workers’ compensation statute. The statute expressly excluded domestic servants employed in private homes from coverage, a fact that proved central to the court’s decision.
To determine whether the plaintiff fell within this exclusion, the court examined the nature of her duties. It concluded that her responsibilities extended beyond childcare to include a range of household services, such as cleaning, organizing, and managing tasks related to the household and the children’s daily needs. The court relied on established definitions of domestic service, which encompass both household chores and personal care responsibilities within a private residence.
The court reasoned that the combination of childcare and household duties constituted domestic service, even if other employees also performed similar tasks. The presence of mixed responsibilities did not remove the plaintiff from the statutory exclusion. Instead, the “admixture” of duties reinforced her classification as a domestic servant under the law.
Because the plaintiff was excluded from workers’ compensation coverage, the court held that she could not assert a retaliation claim based on that statute. The retaliation provision protects only those employees who are entitled to seek workers’ compensation benefits. Without eligibility for such benefits, the plaintiff lacked standing to pursue a claim for wrongful termination under the workers’ compensation retaliation framework.
Accordingly, the court granted summary judgment in favor of the defendant, concluding that no genuine dispute of material fact existed and that the defendant was entitled to judgment as a matter of law.
Speak with a Knowledgeable Massachusetts Workers’ Compensation Attorney
If you were hurt at work, it is important to know your rights, and you should speak with a lawyer. James K. Meehan of the Law Office of James K. Meehan is a skilled Massachusetts workers’ compensation attorney who assists clients throughout Massachusetts with workplace injury claims, retaliation issues, and coverage disputes. If you have questions about your rights following a workplace injury or termination, call 508-822-6600 or submit a request through the firm’s online contact form to schedule a consultation and discuss your legal options.