When an employee is injured at work, the Massachusetts Workers’ Compensation Act often provides the exclusive remedy for recovery, even when the injury occurs at a third-party job site through a staffing agency. For example, a recent Massachusetts case illustrates how temporary workers may be barred from filing separate personal injury lawsuits if the staffing arrangement includes the necessary insurance endorsements. If you’ve been injured on the job while working for a staffing agency, you should talk to a Massachusetts workers’ compensation attorney about your legal rights and options.
Facts of the Case
It is reported that the plaintiff, a temporary worker assigned by a staffing agency, was placed at a plastic manufacturing facility in North Dighton, Massachusetts. The plaintiff, working as a packer, sustained a severe injury when her ponytail became entangled in a machine, resulting in significant scalp and hair loss. She was employed by a staffing agency, which provided workers to the manufacturing company. Following the incident, the plaintiff received benefits through the staffing agency’s workers’ compensation insurance.
It is alleged that the plaintiff then filed a personal injury lawsuit against the manufacturing company and its affiliates, asserting that they were liable for damages beyond what was provided under workers’ compensation. In response, the defendants moved for summary judgment, arguing that they were immune from suit under the Massachusetts Workers’ Compensation Act because the plaintiff had already accepted compensation benefits through a valid insurance policy that covered them as alternate employers.