It is not uncommon for Massachusetts workers to be hurt on the job. Fortunately, the Massachusetts Workers’ Compensation Act (the Act) allows most people injured while working to recover workers’ compensation benefits. In exchange for that right, however, they are barred from seeking damages for work-related injuries from their employer in tort. While typically, it is clear whether an employer-employee relationship exists so as to trigger the act, as shown in a recent Massachusetts case, in some instances it is less certain. If you were hurt at work, it is wise to meet with a Massachusetts workers’ compensation attorney to assess your rights.
Case Background
It is reported that the plaintiff suffered an injury while working on an assignment from a staffing agency to the defendant. The plaintiff filed a negligence lawsuit against the defendant. While this lawsuit was ongoing, the plaintiff received workers’ compensation benefits through the staffing agency’s policy, which included the defendant as an additional insured. The defendant moved for summary judgment, citing the Act’s exclusivity provisions. The trial court granted the motion and dismissed the plaintiff’s complaint. The plaintiff appealed.
The Employer-Employee Relationship in the Context of Workers’ Compensation Claims
On appeal, the court affirmed the trial ruling. The court noted that the plaintiff’s injury was covered by the Act and that he received benefits from the staffing agency’s workers’ compensation insurer. The court also distinguished between the staffing agency as the “general employer” and the defendant as the “special employer” and pointed out the existence of an “alternate employer endorsement,” specifically naming the defendant in the staffing agency’s workers’ compensation. Continue reading →