It is not uncommon for people to suffer harm at work. While such harm is generally caused by accidents, it can be brought about by intentional acts as well. Regardless of the source of workplace injuries, the Massachusetts Workers’ Compensation Act permits employees hurt on the job to recover benefits. In exchange for such rights, however, they are generally precluded from pursuing claims in tort against their employer, as explained in a recent Massachusetts ruling. If you were injured while working, it is smart to speak to a Massachusetts workers’ compensation attorney about what benefits you may be able to recover.
Facts of the Case
It is reported that the plaintiff, proceeding pro se, filed a lawsuit alleging defamation and workplace injuries against his former employer and its officers. He sought permission to proceed in forma pauperis as well. The plaintiff’s complaint alleged that while working as a seasonal employee for the defendant, he suffered a back injury that impacted his ability to work full-time. Further, he alleged that his supervisor authored a report containing false and defamatory statements about the plaintiff’s conduct at work, leading to his termination.
Civil Claims for Workplace Injuries
The court granted the plaintiff’s motion to proceed in forma pauperis but ordered the plaintiff to file an amended complaint. In doing so, the court notes that the plaintiff has not alleged violations of state or federal laws related to his termination, such as discrimination or wrongful termination. Additionally, the court found that his claims regarding workplace safety and injury were unlikely to succeed as a violation of OSHA regulations does not create an independent cause of action. Continue reading →