Close
Updated:

Massachusetts Court Discusses Personal Injury Claims for Workplace Injuries

Under the Massachusetts Workers’ Compensation Act (the Act), employees injured on the job are generally limited to seeking compensation through the workers’ compensation system, which provides a structured method for obtaining benefits but bars most personal injury claims against employers. This exclusivity can be challenged only under specific, narrow exceptions. A recent Massachusetts case involving an employee’s wrongful termination and emotional distress claim underscores the strict application of this exclusivity principle under the Act. If you have experienced a workplace injury or believe your termination may entitle you to legal remedies beyond workers’ compensation, consulting with a Massachusetts Workers’ Compensation lawyer is an essential step in understanding your rights.

History of the Case

It is reported that the plaintiff, an employee of the defendant security company, was hired as a security guard in 2011. Although the plaintiff held a Class A firearm license restricted to hunting and target practice, his supervisor allegedly assigned him to armed security duties that exceeded his license’s scope. Despite knowing the limitations of the plaintiff’s license, the supervisor assured him that the assignments were approved by the Boston Police Department. During these assignments, the plaintiff carried firearms, including a 9-millimeter handgun, and wore a special police officer uniform, sometimes even carrying a .38 special handgun. In August 2013, the plaintiff encountered a threatening situation while on duty, prompting him to draw his firearm. Although he did not discharge it, the police intervened and subsequently revoked his firearm license upon discovering its limitations.

Allegedly, following the incident, the defendant terminated the plaintiff’s employment, citing that he had been carrying the wrong weapon and acted prematurely in drawing his gun. The plaintiff asserted that the real reason for his termination was the employer’s fear of an investigation into the defendant’s practice of assigning unlicensed employees to armed security details. He filed a lawsuit alleging wrongful termination, vicarious liability for violating firearm licensing laws, intentional infliction of emotional distress, and discrimination. The defendant moved to dismiss all but the wage claim.

Massachusetts Law Bars Personal Injury Claims for Workplace Injuries

The court examined the plaintiff’s claims within the framework of the Massachusetts Workers’ Compensation Act’s exclusivity provision, which bars employees from pursuing common law claims for injuries arising in the course of employment. The court first addressed the plaintiff’s claim for emotional distress, determining that it was preempted by the Act’s exclusivity provision. Because the plaintiff’s alleged emotional distress resulted from incidents and actions occurring within his employment duties, the court held that his remedy was limited to the benefits available under the workers’ compensation system. The court also noted that the plaintiff had not submitted written notice reserving his right to common law claims at the time of his hire, a statutory requirement under the Act for maintaining such rights.

Regarding the wrongful termination claim, the court found that Massachusetts law applies a narrow exception to the at-will employment doctrine, allowing for wrongful termination claims only in situations involving a violation of public policy. Specifically, this exception applies when an employee is terminated for asserting a legally guaranteed right, fulfilling a statutory duty, or refusing to engage in illegal activity. The court ruled that the plaintiff’s termination did not fall within any of these categories and did not meet the strict criteria necessary to bypass the workers’ compensation exclusivity.

Talk to a Dedicated Massachusetts Workers’ Compensation Lawyer

If you have experienced a workplace injury or termination and are unsure whether additional legal remedies exist beyond workers’ compensation, it is crucial to understand your rights under Massachusetts law. Attorney James K. Meehan is a dedicated Massachusetts workers’ compensation attorney who can provide knowledgeable guidance on the limitations and potential exceptions of the Act’s exclusivity provision. To schedule a confidential consultation, you can reach Attorney Meehan at 508-822-6600 or through our online form.

Contact Us