Massachusetts Injury Lawyers Blog
When a workplace injury results from a company’s disregard for worker safety, Massachusetts law provides an avenue for enhanced compensation. Under Massachusetts’s workers’ compensation law, an employee who proves that an employer’s conduct was “serious and willful” may recover double benefits. A recent Massachusetts ruling illustrates how courts analyze the sufficiency of such claims and determine whether evidence of safety violations rises to the level of “serious and willful misconduct.” If you have suffered a workplace injury and believe your employer ignored safety protocols, contact a Massachusetts workers’ compensation attorney who can evaluate what benefits you may be able to recover.
History of the Case
It is reported that the plaintiff was injured during the course of his employment. He pursued workers’ compensation benefits, alleging that his employer’s safety failures constituted “serious and willful misconduct.” The employee asserted that management knowingly allowed unsafe working conditions and failed to take corrective action after previous incidents and warnings.
Allegedly, the injury occurred while the plaintiff was engaged in physically demanding labor involving heavy equipment. He claimed that the employer’s supervisors were aware of the risks posed by the method of work being used but failed to implement safety measures or training required by company policy and industry standards. The plaintiff filed a claim for double compensation pursuant to § 28, which permits enhanced benefits where an employer’s misconduct is more than mere negligence and shows a reckless disregard for worker safety.
The case was brought before the Department of Industrial Accidents (DIA), where an administrative judge initially denied the § 28 claim, finding that the evidence did not establish the requisite level of misconduct. The plaintiff appealed to the Reviewing Board of the DIA, arguing that the employer’s continued use of unsafe practices despite known hazards demonstrated a conscious disregard for employee safety.
Determining if Willful and Serious Misconduct Occurred
The Reviewing Board carefully considered whether the employer’s actions, while arguably negligent, demonstrated the “quasi-criminal recklessness” necessary to meet the statutory definition of serious and willful misconduct. Citing O’Leary’s Case, 367 Mass. 108 (1975), the Board reiterated that such conduct must show “an intentional disregard of probable consequences” to an employee. The standard is not met by ordinary negligence, even if gross, but rather by proof that the employer knew or should have known that injury was highly probable and yet deliberately failed to act.
In this case, it is reported that the evidence demonstrated a lack of adequate safety procedures but did not establish that the employer consciously ignored a known, imminent danger. The administrative judge had found that the employer’s conduct amounted to negligence, but there was insufficient proof that it reached the “serious and willful” threshold. The Reviewing Board agreed, emphasizing that § 28 is designed for exceptional cases involving egregious employer behavior, such as removing safety guards, ordering workers to use known defective machinery, or disregarding explicit safety directives from regulators.
The plaintiff appealed further to the Massachusetts Appeals Court, arguing that the DIA’s interpretation of “serious and willful misconduct” was too narrow and contrary to the remedial purpose of the statute. However, the Appeals Court reaffirmed that § 28 must be strictly construed given its penal nature. The Court held that while the employer’s safety measures were inadequate, there was no evidence of intentional wrongdoing or conscious disregard of probable harm. The Court therefore affirmed the decision denying double compensation.
Consult an Experienced Massachusetts Workers’ Compensation Attorney
Workers injured on the job deserve fair compensation and protection from employer neglect. If you believe your injury resulted from unsafe practices or disregard for known risks, consulting an experienced Massachusetts workers’ compensation lawyer is critical. James K. Meehan of the Law Office of James K. Meehan is a capable advocate for injured workers and can advise you on whether your employer’s conduct may qualify for double compensation under G.L. c. 152, § 28. You can contact Mr. Meehan by calling 508-822-6600 or by completing the firm’s online form to schedule a consultation.