Health care employees in Massachusetts who report misconduct may be entitled to whistleblower protections, but they are generally barred from pursuing tort claims arising from workplace incidents due to the exclusivity provision of the Workers’ Compensation Act (WCA). A recent Massachusetts case involving the termination of an emergency medical technician (EMT) demonstrates how this statutory exclusivity preempts even claims of emotional harm tied to workplace disputes. If you were hurt while working, you may be able to recover benefits for your harm, and you should talk to a Massachusetts workers’ compensation attorney.
Factual Background and Procedural History
It is reported that the plaintiff, an EMT employed by a licensed ambulance company, responded to a call involving a patient with altered mental status. The EMT transported the patient alongside a partner, who allegedly failed to attend to the patient and was seen using a cell phone during the transport. Upon arrival at the hospital, the EMT discovered a fresh hemorrhagic wound on the patient’s arm, for which no explanation was provided by the partner.
Allegedly believing the injury to be the result of misconduct, the EMT photographed the wound using a personal cell phone and reported the incident to a field supervisor, who initially commended the EMT and requested copies of the photographs. The EMT complied and sent the images. However, reportedly after receiving no follow-up, the EMT filed a report with the Office of Emergency Medical Services (OEMS), citing suspected patient neglect. Shortly thereafter, the EMT was instructed to delete the images and was subsequently terminated for noncompliance with company policy.