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.
It is alleged that the plaintiff filed a discrimination complaint, claiming he was unlawfully terminated due to his injury. He argued that he should have been accommodated and allowed to return to work. However, the court determined that the plaintiff was not a “qualified handicapped person” as defined under Massachusetts General Laws Chapter 151B. Specifically, under Section 1(16), a qualified handicapped person must be capable of performing the essential functions of the job, with or without reasonable accommodation.
The court found that the plaintiff had not received medical clearance to return to work and that his injury continued to prevent him from performing warehouse duties. Moreover, the court emphasized that by accepting a lump sum settlement under G.L. c. 152, § 48(4), the plaintiff triggered a statutory presumption that he was incapable of returning to work for a set period. The court noted that this presumption, based on the amount received for future weekly benefits, was not rebutted by any evidence of improved medical status. Because the plaintiff could not perform the core functions of his job and had not sought or received clearance to return, the court held that he did not qualify for protection under Chapter 151B and granted summary judgment in favor of the defendant. The plaintiff appealed.
Establishing a Basis for Discrimination or Retaliation
The court reviewed the claim under the summary judgment standard and upheld the trial court’s dismissal. Specifically, the court reaffirmed that the plaintiff did not meet the statutory definition of a qualified handicapped person because he was physically incapable of returning to work and had not sought reasonable accommodation through an alternative role. The court also emphasized that the employer was not required to create a new position or offer indefinite leave.
Speak With an Experienced Massachusetts Workers’ Compensation Attorney
Workplace injuries often raise complex legal questions about workers’ compensation, disability rights, and employment protections. If you believe your injury affected your legal rights, it is important to understand both the limits and protections offered under Massachusetts law. Attorney James K. Meehan of the Law Office of James K. Meehan is an experienced Massachusetts workers’ compensation attorney who helps injured workers navigate their claims and related legal issues. To schedule a consultation, contact the firm at 508-822-6600 or reach out online.