Massachusetts Injury Lawyers Blog
Health care employees in Massachusetts who report misconduct may be entitled to whistleblower protections, but they are generally barred from pursuing tort claims arising from workplace incidents due to the exclusivity provision of the Workers’ Compensation Act (WCA). A recent Massachusetts case involving the termination of an emergency medical technician (EMT) demonstrates how this statutory exclusivity preempts even claims of emotional harm tied to workplace disputes. If you were hurt while working, you may be able to recover benefits for your harm, and you should talk to a Massachusetts workers’ compensation attorney.
Factual Background and Procedural History
It is reported that the plaintiff, an EMT employed by a licensed ambulance company, responded to a call involving a patient with altered mental status. The EMT transported the patient alongside a partner, who allegedly failed to attend to the patient and was seen using a cell phone during the transport. Upon arrival at the hospital, the EMT discovered a fresh hemorrhagic wound on the patient’s arm, for which no explanation was provided by the partner.
Allegedly believing the injury to be the result of misconduct, the EMT photographed the wound using a personal cell phone and reported the incident to a field supervisor, who initially commended the EMT and requested copies of the photographs. The EMT complied and sent the images. However, reportedly after receiving no follow-up, the EMT filed a report with the Office of Emergency Medical Services (OEMS), citing suspected patient neglect. Shortly thereafter, the EMT was instructed to delete the images and was subsequently terminated for noncompliance with company policy.
The EMT filed a lawsuit asserting multiple claims, including retaliation under the Massachusetts whistleblower statute, wrongful discharge, and negligent infliction of emotional distress. The trial court dismissed the entire complaint, holding that the alleged whistleblower statute cited was inapplicable, and that the other claims were either preempted or unsupported.
Application of the Workers’ Compensation Exclusivity Provision
On review, the court analyzed whether the EMT’s emotional distress claim could proceed despite the provisions of the Workers’ Compensation Act, Massachusetts General Laws chapter 152, section 26. Under this provision, injuries arising out of and in the course of employment are compensable exclusively through the workers’ compensation system, thereby barring common law tort claims against employers.
The EMT argued that the emotional distress stemmed from alleged willful misconduct by the employer, suggesting this should create an exception to the exclusivity rule. However, the court reiterated well-settled precedent that even claims premised on gross negligence or willful conduct remain within the scope of workers’ compensation if they arise from the employment relationship.
The court clarified that while the Workers’ Compensation Act includes provisions for enhanced benefits in cases of willful or serious employer misconduct (see Mass. Gen. Laws ch. 152, § 28), these provisions do not eliminate the Act’s exclusivity. Instead, they simply increase the award under the Act. Therefore, the EMT’s claim for negligent infliction of emotional distress was properly dismissed as barred by statute.
Talk to an Experienced Massachusetts Workers’ Compensation Attorney About Your Legal Rights
The Workers’ Compensation Act provides essential protections to injured workers but also limits their ability to pursue tort claims against employers. When workplace misconduct leads to injury or emotional harm, employees must understand the boundaries of the workers’ compensation system and explore any statutory claims that may apply. If you believe you were injured or retaliated against at work and have questions about your legal remedies, it is in your best interest to talk to a lawyer. Attorney James K. Meehan of the Law Office of James K. Meehan is an experienced Massachusetts workers’ compensation attorney who can help you take the steps necessary to protect your rights. You can call Attorney Meehan at 508-822-6600 or use the firm’s online form to schedule a consultation.