Generally, employees who are injured while on the job are limited to seeking workers’ compensation benefits, as the exclusivity provision of the Massachusetts Workers’ Compensation Act (the Act) precludes them from pursuing civil claims against their employers. There are exceptions to the exclusivity provision, however, that permit for the imposition of liability on an employer that causes a plaintiff’s harm. The exceptions to the exclusivity rule were the subject of a recent Massachusetts decision in a case involving a law firm employee seeking redress for harm caused by willful acts. If you sustained losses due to someone else’s reckless or wanton acts, it is smart to consult a Massachusetts personal injury attorney regarding your potential claims.
The Plaintiff’s Harm
Allegedly, the plaintiff worked at the defendant’s law firm. She was his only employee at first, but over time he added more members to his team. He belittled and verbally attacked the plaintiff on a frequent basis, and screamed and shouted in her face.
It is reported that the plaintiff eventually stopped working for the defendant. She subsequently filed a lawsuit against him, alleging he intentionally caused emotional distress and asserting other claims. The defendant moved for the trial court to dismiss the plaintiff’s claims, on the grounds that that they were barred by the Act’s exclusivity provision. His motion was denied and the case was tried. The jury found in favor of the plaintiff and the defendant appealed. Continue Reading ›