People who suffer injuries at work can often recover workers’ compensation benefits. In some instances, though, an employer will take adverse action against an employee to avoid paying them such benefits. In such instances, the employee can pursue civil claims against the employer. In a recent Massachusetts workers’ compensation case, the court discussed an injured employee’s right to due process. If you were hurt at work, you may be owed benefits, and you should speak to a Massachusetts workers’ compensation lawyer promptly.
Case Setting
It is reported that the plaintiff began her employment as an ESL teacher at the defendant high school during the 2012-2013 school year. In March 2015, the plaintiff applied for a long-term leave of absence and used her paid sick time while awaiting approval. Her request was granted for the period from March 23, 2015, to June 30, 2015. She returned to work for the 2015-2016 school year. In early November 2015, the plaintiff was observed in her classroom by the head of her department and other administrators. Following these observations, the plaintiff met with the school’s headmaster and others, after which she left work early due to emotional distress and sought medical treatment. She subsequently applied for workers’ compensation benefits, claiming anxiety, depression, and PTSD triggered by the observations and the meeting.
Allegedly, the plaintiff submitted an occupational injury report to the headmaster, requesting his signature to process her workers’ compensation claim, which was denied due to the lack of a signed form. The plaintiff did not return to work and exhausted her paid sick time by December 2015. She inquired about her eligibility for benefits under the paid sick leave bank but was told she was ineligible as she was not on an approved leave of absence. In January 2016, the headmaster notified the plaintiff that her continued absence would be considered a resignation if she did not report to work or obtain an approved leave of absence by a specified date. The plaintiff expressed confusion over the return-to-work date and reiterated her intention to return to work in a modified capacity. Continue reading →