Massachusetts Injury Lawyers Blog
Workplace safety in residential treatment facilities can be challenging to maintain, particularly when employees work directly with clients who present significant behavioral risks. When a violent incident occurs, grieving families often search for answers and accountability, and organizations face intense scrutiny over the policies that shaped the conditions of employment. A recent Massachusetts decision confronts these questions head-on by addressing whether the Workers’ Compensation Act precludes the directors of a charitable mental health provider from being held personally liable after an employee was killed on the job. If you or a family member suffered a workplace injury, you should speak with a Massachusetts workers’ compensation attorney to understand your options.
Facts and Procedural History
Allegedly, the decedent worked as a residential counselor for a charitable mental health provider that accepted referrals from Massachusetts agencies and served clients with complex psychiatric and criminal histories. During one of her shifts, the decedent was left alone with a resident who attacked her, causing her death.
It is alleged that the estate later filed a wrongful death action in Superior Court against the director defendants, psychiatric consultants involved in the resident’s placement, the Commonwealth, and the resident himself. The complaint asserted that the director defendants failed to develop, or failed to maintain, essential admissions and screening procedures, workplace safety measures, staffing structures, and training protocols. It also asserted that inadequate access to referral information and insufficient preparation of frontline staff placed employees in dangerous positions.
Reportedly, the director defendants moved to dismiss the claims. They asserted that they were immune from suit because the Workers’ Compensation Act provides the exclusive remedy for workplace injuries and deaths suffered by employees acting within the scope of their employment. They further argued that the breach of fiduciary duty count failed because directors owe fiduciary duties to the corporation, not to individual employees. The trial court denied the motion, prompting the directors to pursue an interlocutory appeal.
Workers’ Compensation Exclusivity in Cases Involving Worker Death
The court first held that the appeal fit within the doctrine of present execution because immunity under the Workers’ Compensation Act protects defendants from the burden of litigation itself. The court therefore proceeded to examine whether the directors qualified as the employer for purposes of the Act’s exclusive remedy provision.
The court explained that a corporation can act only through its board. Policy decisions concerning admissions criteria, safety protocols, staffing models, and training requirements arise from the collective action of the board. Because the complaint challenged decisions that could only be implemented at the employer level through board action, the court concluded that the allegations targeted the employer itself. The court further noted that workplace safety responsibilities traditionally fall within the scope of employer obligations, reinforcing that the claims against the directors arose from their employer functions.
The decedent had not waived her right to workers’ compensation benefits, and the Act bars employees and their estates from pursuing tort claims against the employer for workplace injuries, regardless of whether the alleged conduct involved negligence, gross negligence, or willful wrongdoing. Accordingly, the wrongful death and related tort claims could not proceed. The court therefore vacated the denial of the motion to dismiss and directed the entry of judgment in favor of the director defendants.
Consult an Experienced Massachusetts Workers’ Compensation Attorney
If you or someone you love were injured at work, it is essential to consult an experienced workers’ compensation attorney. James K. Meehan of the Law Office of James K. Meehan is a seasoned Massachusetts workers’ compensation lawyer who can evaluate your case, explain your options, and advocate for your rights. You can contact Mr. Meehan by calling 508-822-6600 or by filling out the firm’s online form to arrange a consultation.