Pursuant to the Massachusetts Workers’ Compensation Act (the Act) people injured in catastrophic accidents at work have the right to pursue workers’ compensation benefits from their employers. In exchange for that right, though, they waive the right to pursue negligence claims against their employers for work-related harm. Further, the same provisions of the Act that provide employers with immunity provide protections for co-workers of the injured employee. This means, as discussed in a recent Massachusetts case, that co-employee’s generally cannot be held liable for harm sustained in a work accident allegedly caused by their negligence. If you were hurt in a work incident, it is smart to speak to a Massachusetts workers’ compensation attorney about what claims you may be able to pursue.
Factual History and Procedural Setting
It is alleged that the plaintiff, an employee of a packing company, was severely injured when an accident occurred while he was repairing a backhoe truck tire. The plaintiff sustained permanent injuries when the tire exploded. The plaintiff and his wife eventually settled the workers’ compensation claim against the employer for $750,000. However, they pursued negligence claims against the defendant, a co-employee of the injured plaintiff.
It is reported that the defendant, the vice-president of operations at Shield, was involved in purchasing the backhoe truck and instructing the plaintiff to repair it at the time of the accident. The defendant moved for summary judgment, aguing he had co-employee immunity under the Workers’ Compensation Act. The court granted the motion and the plaintiffs appealed, arguing that the defendant’s negligence occurred before he and the injured plaintiff became co-employees and thus, co-employee immunity should not apply. Additionally, they sought to add a claim for loss of consortium, which was denied by the court. Continue reading →