Massachusetts Injury Lawyers Blog
Under the Massachusetts Workers’ Compensation Act (the Act), employees are entitled to benefits and protections for injuries sustained at work. The Act, however, does not fully protect against all employment actions taken by employers, particularly in cases where accommodations are requested and subsequently denied due to job limitations. A recent Massachusetts case highlights issues around disability accommodations, retaliation, and adherence to COVID-19 protocols. If you believe you were terminated or discriminated against due to a workers’ compensation claim or for seeking accommodations, it is essential to consult a Massachusetts Workers’ Compensation attorney to review your rights and options.
Factual and Procedural Setting
It is reported that the plaintiff, an employee of the defendant childcare agency since 2007, worked as a teaching assistant. Her duties included assisting children with basic care and maintenance of classroom spaces. In 2017, the plaintiff sustained a back injury while lifting a child and subsequently filed a workers’ compensation claim. Following her injury, she sought a series of accommodations to limit her lifting duties. The defendant granted some of these requests but ultimately denied others, citing that her requested limitations would prevent her from fulfilling essential job responsibilities. When her symptoms persisted, the plaintiff’s final accommodation request included limitations on lifting, bending, and standing, which the defendant denied, offering instead a leave of absence under the Family and Medical Leave Act (FMLA).
Allegedly, in 2020, amid the COVID-19 pandemic, the defendant implemented a COVID-19 protocol, which included mandatory self-screening for symptoms and strict adherence to reporting guidelines. Despite understanding the protocol, the plaintiff reportedly attended work while experiencing symptoms consistent with COVID-19. On August 3, 2020, she received a positive COVID-19 test result while at work, prompting an immediate facility shutdown and quarantine measures. Shortly after her recovery, the defendant terminated her employment, citing failure to comply with COVID-19 protocol and alleged misrepresentation on health attestations. The plaintiff filed suit, alleging wrongful termination, retaliation under workers’ compensation laws, and disability discrimination. The defendant then moved for summary judgment.
Exclusivity Provisions of the Workers’ Compensation Act
The court granted summary judgment in favor of the defendant on all claims. In its ruling, the court focused on the Act’s exclusivity provision, which bars employees from pursuing additional claims based on injuries arising from employment. The court found that the plaintiff’s retaliation claim under the Act did not meet the requirements necessary to bypass this exclusivity. Specifically, the court held that the plaintiff’s termination stemmed from documented policy violations rather than any discriminatory intent tied to her workers’ compensation claim or disability status.
Regarding the failure to accommodate, the court applied Massachusetts and federal standards under the Americans with Disabilities Act (ADA) and Massachusetts General Laws Chapter 151B, finding that the defendant had provided reasonable accommodations where feasible. The court noted that the plaintiff’s requested restrictions would have rendered her unable to perform essential job functions, justifying the employer’s denial of the accommodations. Furthermore, the court found no evidence supporting the claim that the plaintiff’s termination was retaliatory, noting that COVID-19 protocol compliance was within the defendant’s lawful scope as an employer and that the plaintiff’s actions had directly triggered the facility’s shutdown. The court, therefore, ruled that the defendant’s decision to terminate the plaintiff was consistent with legitimate, non-discriminatory business interests.
Confer with a Capable Massachusetts Workers’ Compensation Lawyer
If you believe you have been terminated or retaliated against due to your workers’ compensation claim or a request for accommodations, it is essential to understand your rights under Massachusetts law. Attorney James K. Meehan is a capable Massachusetts workers’ compensation lawyer who can help assess your circumstances and determine whether your employer’s actions may be subject to legal challenge. For a confidential consultation, please contact Attorney Meehan at 508-822-6600 or reach out through our online form.