In Massachusetts, the workers’ compensation system is often the only avenue for injured workers to obtain benefits following a job-related injury. However, when injuries result from the negligence of another contractor or party on a shared worksite, injured workers may seek damages through third-party tort claims. A recent decision by a Massachusetts court illustrates the legal hurdles plaintiffs face when pursuing civil claims against subcontractors who assert workers’ compensation immunity. If you have been injured on the job and believe your injuries were caused by another contractor’s negligence, a Massachusetts workers’ compensation and personal injury attorney can help you explore every available legal remedy.
Factual Background and Procedural History
It is reported that the plaintiff, a supplier of mast climbing work platforms, brought suit against a masonry subcontractor and others after an accident at a construction site in Boston. The plaintiff alleged that its employee was injured while dismantling one of the platforms and that the injury was caused by the negligence of the subcontractor’s foreman and crew, who had allegedly altered the platform’s configuration and left it in an unsafe condition.
It is alleged that the subcontractor had hired the plaintiff’s company to provide the platforms as part of a larger masonry project. After the masonry work was completed, the plaintiff’s employee returned to the site to dismantle the equipment. During the process, a platform component collapsed, resulting in injury. The plaintiff sought damages under theories of negligence and vicarious liability. Continue reading →