When an employee is injured at or near their workplace, one of the first questions that arises is whether the injury is covered under the Massachusetts Workers’ Compensation Act. The Act provides a comprehensive and exclusive system of remedies for injuries occurring in the course of employment. A recent decision issued by a Massachusetts court demonstrates how strictly courts enforce the exclusivity provision, even when an insurance carrier initially denies coverage. If you were injured on the job, it is wise to talk to a Massachusetts workers’ compensation attorney promptly.
Case Setting
It is reported that the plaintiff was employed by the defendant community health center and, on the day of the accident, had completed her shift and punched out. She exited the building and began walking across property owned or controlled by the defendant, intending to head toward a nearby CVS Pharmacy. While still on the employer’s property, she tripped on a curb and suffered personal injuries.
It is further reported that the defendant filed a workers’ compensation report with its insurance carrier. The insurer subsequently denied coverage, claiming the plaintiff was not acting within the course and scope of her employment when the injury occurred. The plaintiff received notice of this denial but did not file her own claim or appeal to the Department of Industrial Accidents. Instead, nearly three years later, she filed a lawsuit in Superior Court seeking damages under common-law theories. Continue reading →