Massachusetts Injury Lawyers Blog
Under the Massachusetts Workers’ Compensation Act (the Act), correction officers injured by acts of violence are entitled to special benefits in addition to workers’ compensation. These assault pay benefits, which cover the difference between a worker’s weekly compensation and their regular salary, were at the center of a recent legal opinion issued by a Massachusetts court. If you believe you are entitled to such benefits, consulting with a knowledgeable Massachusetts workers’ compensation attorney is essential to protect your rights.
Facts of the Case and Procedural History
It is reported that the plaintiff, a union representing correction officers, filed a lawsuit against the defendant, a sheriff’s department, seeking to impose a statutory fourteen-day deadline for processing assault pay benefit claims. The union argued that the same timeline for determining workers’ compensation benefits under the Act should apply to assault pay. Allegedly, the Superior Court rejected this argument and entered judgment in favor of the sheriff, prompting the union to appeal.
It is alleged that under Massachusetts General Laws Chapter 126, § 18A, correction officers injured by acts of violence while performing their duties are entitled to assault pay benefits. These benefits supplement workers’ compensation, ensuring the employee continues to receive their full salary during recovery. However, the union contended that delays in determining entitlement to these benefits left employees without timely financial relief.
Analysis of Assault Pay Timing and Workers’ Compensation Exclusivity
On appeal, the court reviewed the trial court’s interpretation of the statutory provisions governing assault pay and workers’ compensation timelines. Specifically, it examined whether the assault pay statutes implicitly adopted the fourteen-day deadline for initial determinations as prescribed by Massachusetts General Laws Chapter 152, § 7(1).
In doing so, the court rejected the union’s argument that the statutory deadline for workers’ compensation determinations applied to assault pay benefits. The court emphasized the distinct purposes and structures of the statutes. While workers’ compensation benefits aim to provide quick relief regardless of fault, assault pay involves additional considerations, including whether the injury resulted from violent acts by prisoners or patients. These determinations, the court noted, often require more time due to their complexity and potential collateral consequences, such as disciplinary or criminal proceedings.
The court highlighted that neither Chapter 126, § 18A nor the corresponding legislative history incorporated a timing requirement akin to the fourteen-day deadline in Chapter 152. It concluded that if the legislature intended for such a deadline to apply, it would have explicitly included it in the assault pay statute. The court also referenced prior rulings affirming the independence of assault pay claims from the procedural timelines governing workers’ compensation benefits.
Ultimately, the court affirmed the trial court’s judgment in favor of the sheriff, holding that the statutory framework did not support the union’s claims.
Confer with an Experienced Massachusetts Workers’ Compensation Lawyer
Navigating the complexities of workers’ compensation and supplemental benefit claims can be challenging, particularly when disputes over statutory timelines arise. Attorney James K. Meehan is an experienced Massachusetts workers’ compensation lawyer who can assess your situation and help you pursue the benefits to which you are entitled. To arrange a confidential meeting, contact Attorney Meehan at 508-822-6600 or through our online form.