Pursuant to the Massachusetts Workers’ Compensation Act (the Act), employees that suffer harm due to workplace conditions can seek workers’ compensation benefits from their employers. Generally, in exchange for the right to recover such benefits, they are barred from pursuing civil claims against their employers for such harm. They are not prohibited from asserting negligence claims against third parties that contributed to or caused their workplace injuries, however, as reiterated in a ruling recently issued by a Massachusetts court. If you were hurt while working, you could be able to recover workers’ compensation benefits and other damages, and it is in your best interest to confer with a Massachusetts workers’ compensation attorney about your options.
Facts of the Case
It is alleged that the plaintiff worked for a company as a software engineer. The company was purchased by the defendant corporation, which continued to operate the company under its original name. The plaintiff was asked to sign a non-compete agreement when the defendant acquired the company but was not offered anything in exchange. Shortly before the defendant bought the company, the plaintiff was diagnosed with Asperger Syndrome. He informed his supervisor and the company human resources representative of his diagnosis.
It is reported that approximately a year later, the plaintiff’s supervisor asked him to work on a project that would allow the company to use third-party software; the plaintiff later learned that the goal of the project was to create competing software. The defendant later terminated the plaintiff for violating company policy and exposing the defendant to potential criminal liability. The plaintiff subsequently filed civil claims against the defendant. He then moved to amend his complaint to include claims for, among other things, negligent infliction of emotional distress. Continue reading →