Massachusetts employees who suffer workplace injuries may be eligible for workers’ compensation benefits, but that protection does not always extend to separate claims of handicap discrimination or retaliation under the state’s anti-discrimination law. A recent decision from a Massachusetts court illustrates how employees who are unable to perform essential job functions due to a workplace injury may not qualify for protection under the state’s handicap discrimination statute. If you were injured on the job or believe you were wrongfully terminated after filing for workers’ compensation, you should consult with a Massachusetts workers’ compensation attorney to explore your options.
Facts and Procedure of the Case
It is reported that the plaintiff was employed as a warehouse coordinator by a small Massachusetts manufacturing company. His role required constant lifting of items weighing up to 50 pounds. He fell from a ladder and suffered a serious left shoulder injury. Medical documentation soon after the accident indicated that the plaintiff could not engage in repetitive motion or lift more than five to ten pounds. His doctors eventually concluded that he required shoulder surgery, which was performed later that year.
It is further reported that the plaintiff was restricted from using his left arm for weeks after surgery and continued to experience significant pain. In April of the following year, his treating physician documented that the plaintiff required emergency treatment and suggested the injury might be permanent. By the middle of the year, the plaintiff accepted a settlement of $45,000 lump sum for workers’ compensation. The settlement was approved by the Department of Industrial Accidents and included compensation for future weekly benefits. Continue reading →