In Massachusetts, people hurt at worker can often recover workers’ compensation benefits but are barred from pursuing personal injury claims against their employer by the exclusivity provision of the Workers’ Compensation Act. While the Act may ultimately bar a plaintiff’s claim against her employer, however, a defendant may not be able to prove that it constitutes grounds for dismissal at the onset of the case, as demonstrated in recent Massachusetts opinion in which the court affirmed the denial of the defendant’s motion for judgment on the pleadings. If you suffered bodily harm due to another party’s negligence, it is advisable to speak to a trusted Cape Cod personal injury lawyer to evaluate your options for seeking compensation.
The History of the Case
It is reported that the plaintiff was employed as a machinist for a company that was a wholly-owned subsidiary of the defendant. She suffered injuries while using a machine and subsequently filed a personal injury lawsuit against the defendant, asserting claims of negligence and negligent supervision and averring that it failed to provide a safe workplace, reasonably supervise the worksite, or properly train its employees.
Allegedly, the defendant moved for judgment on the pleadings on the grounds that it was immune from civil liability under the exclusivity provisions of the Massachusetts Worker’s Compensation Act (the Act). The court denied the defendant’s motion, and it appealed. Continue Reading ›