Workplace injury claims and retaliation protections often depend on whether an employee falls within the scope of a state’s workers’ compensation statute. While many employees assume that workplace protections automatically apply, statutory exclusions can significantly limit both benefits and legal remedies. A recent Massachusetts Superior Court decision illustrates how classification as a domestic worker can preclude recovery under workers’ compensation retaliation laws, even where a workplace injury and termination closely follow one another. If you have suffered a workplace injury or believe you were retaliated against for asserting your rights, you should consider speaking with a Massachusetts workers’ compensation attorney to evaluate your legal options.
Facts and Procedural History
Allegedly, the plaintiff was employed by the defendant as a nanny responsible for caring for children in a private household, along with performing related domestic duties such as cleaning, organizing, and managing household tasks associated with childcare. During her employment, she was bitten twice by a trained protection dog kept at the residence.
It is alleged that following the second incident, the plaintiff sought information regarding the defendant’s workers’ compensation insurance coverage in connection with her injuries. Shortly after making that inquiry, the plaintiff’s employment was terminated, prompting her to file a lawsuit asserting wrongful termination in violation of a state workers’ compensation retaliation statute. Continue reading →
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