Getting hurt at work is stressful enough. Many employees worry that reporting the injury or filing a workers’ compensation claim will put their job at risk. In Massachusetts, that fear is common, especially for workers who rely on steady wages or feel replaceable in their role. The law, however, provides important protections designed to prevent employers from punishing employees for asserting their rights after a workplace injury. Understanding how those protections work, and where employers sometimes cross the line, can make a critical difference in how you protect your livelihood.
Massachusetts Workers’ Compensation Protections Against Retaliation
Massachusetts workers’ compensation law is structured to encourage injured employees to seek medical care and wage replacement without fear of reprisal. Under Massachusetts General Laws Chapter 152, the workers’ compensation system operates as a no-fault framework. This means employees do not have to prove their employer caused the injury in order to receive benefits. Equally important, employers are not permitted to retaliate against workers for using the system as intended. Termination, demotion, or other adverse actions taken because an employee filed or pursued a workers’ compensation claim can expose an employer to serious legal consequences. Massachusetts courts have repeatedly recognized that allowing retaliation would undermine the entire purpose of the workers’ compensation system.
What Counts as Retaliation Under Massachusetts Law
Retaliation is not limited to outright firing. In Massachusetts, an employer’s conduct may be considered retaliatory if it punishes or discourages an employee for exercising workers’ compensation rights. This often becomes a factual question that turns on timing, employer behavior, and internal communications. Retaliation may occur subtly, especially when employers attempt to disguise their true motivation. Examples of conduct that may support a retaliation claim include the following:
- Terminating an employee shortly after they report an injury or file a workers’ compensation claim
- Reducing hours, pay, or responsibilities following a claim without a legitimate business reason
- Demoting an employee or reassigning them to undesirable duties after they seek benefits
- Harassing or threatening an employee for pursuing medical treatment or wage replacement
These actions, when tied to a workers’ compensation claim, may form the basis of a Massachusetts workers’ compensation retaliation or wrongful termination claim.
At-Will Employment and Workers’ Comp Claims in Massachusetts
Massachusetts is generally an at-will employment state, which means employers can terminate employees for almost any reason or no reason at all. However, at-will employment does not give employers unlimited power. Public policy exceptions apply, and workers’ compensation retaliation is a clear example. Firing an employee because they filed a workers’ compensation claim violates Massachusetts public policy and statutory protections. Employers often argue that a termination was based on performance or restructuring, but if the evidence shows the real reason was the workers’ compensation claim, the at-will defense will not protect them.
Key Massachusetts Statutes That Protect Injured Workers
Massachusetts General Laws Chapter 152, Section 75B specifically addresses retaliation against employees who exercise workers’ compensation rights. This statute prohibits employers from discharging or discriminating against an employee for filing a workers’ compensation claim, testifying in a workers’ compensation proceeding, or asserting any right under the workers’ compensation laws. Section 75B allows employees to pursue legal remedies when retaliation occurs, including reinstatement and damages. The statute exists to ensure that injured workers are not forced to choose between their health and their job security.
How Employers Attempt to Justify Termination After a Claim
Employers rarely admit retaliation outright. Instead, they often cite unrelated reasons for termination after a workers’ compensation claim is filed. Common justifications include alleged attendance issues, performance problems, or company restructuring. In Massachusetts, these explanations are closely scrutinized. When disciplinary issues appear suddenly after an injury, or when policies are enforced inconsistently, those facts can support a finding of retaliation. Documentation, timing, and witness testimony often play a decisive role in these cases.
Proving a Workers’ Compensation Retaliation Claim in Massachusetts
Retaliation cases are fact-intensive. An injured worker does not need direct proof that an employer admitted retaliation. Circumstantial evidence can be sufficient when it paints a clear picture of cause and effect. To succeed, a worker generally must show that they engaged in protected activity by filing or pursuing a workers’ compensation claim, that the employer took an adverse employment action, and that there is a causal connection between the two. Evidence may include emails, disciplinary records, performance reviews, and testimony from coworkers. Massachusetts courts understand that retaliation is often disguised, which is why patterns and inconsistencies matter.
Examples of How Retaliation Claims Arise in Massachusetts Workplaces
Consider a warehouse employee who suffers a back injury while lifting heavy materials. After filing a workers’ compensation claim and taking approved medical leave, the employee returns to work only to be terminated weeks later for vague performance issues that were never raised before the injury. In another situation, a healthcare worker reports a slip-and-fall injury and begins receiving workers’ compensation benefits, only to have their hours drastically reduced while similarly situated employees keep their schedules. These scenarios raise red flags because the adverse actions closely follow protected activity, suggesting retaliation rather than legitimate business decisions.
What Damages Are Available in a Massachusetts Workers’ Comp Retaliation Case
When retaliation is proven, Massachusetts law allows injured workers to seek meaningful remedies. Depending on the facts, damages may include back pay for lost wages, reinstatement to the former position, compensation for emotional distress, and in some cases, punitive damages designed to deter employer misconduct. These remedies exist to make the employee whole and to reinforce the principle that workers’ compensation rights must be respected. The availability of damages often gives injured workers leverage when negotiating with employers or insurers.
Why Timing Matters in Massachusetts Retaliation Claims
Timing is often one of the most persuasive elements in a retaliation case. When termination or discipline occurs soon after a workers’ compensation claim is filed, courts and administrative agencies take notice. While timing alone may not prove retaliation, it can significantly strengthen a claim when combined with other evidence. Massachusetts workers’ compensation retaliation claims also have deadlines, and failing to act promptly can jeopardize a worker’s ability to recover damages. Understanding these timelines is critical to preserving legal rights.
Steps Injured Workers Should Take to Protect Their Rights
Employees who believe they are being retaliated against should take proactive steps to protect themselves and document what is happening. These actions often make the difference between a strong claim and a weak one:
- Keep copies of all medical records, workers’ compensation filings, and employer communications related to the injury
- Document changes in job duties, pay, or treatment after filing a workers’ compensation claim
- Follow all workplace policies and medical restrictions to avoid giving employers alternative justifications
- Speak with a Massachusetts workers’ compensation retaliation attorney before signing termination or settlement documents
These steps help preserve evidence and clarify whether employer conduct crosses the line into unlawful retaliation.
How Massachusetts Courts View Employer Retaliation
Massachusetts courts recognize that fear of retaliation can discourage injured workers from reporting injuries or seeking benefits. As a result, retaliation claims are taken seriously, and employers bear significant risk when they act improperly. Courts evaluate the totality of circumstances, not just isolated incidents. This broader view helps ensure that employers cannot evade liability through superficial explanations that do not align with the facts.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were fired, demoted, or mistreated after filing a workers’ compensation claim in Massachusetts, you do not have to face the situation alone. Retaliation and wrongful termination tied to workplace injuries can threaten your income, benefits, and long-term career stability. Brandon J. Broderick, Attorney at Law represents Massachusetts workers in workers’ compensation retaliation and wrongful termination cases, helping clients hold employers accountable and protect their rights. If your job was put at risk because you exercised your Massachusetts workers’ compensation rights, experienced legal guidance can make a meaningful difference.