In exchange for the providing of these so-called “no fault” benefits, the injured worker also gave up any right to sue their employer for other well-known common law damages, such as pain and suffering, loss of future wages, and loss of consortium. This new law replaced lost wages, paid for related medical treatment, and provided specific payments for permanent loss of any bodily function and/or disfigurement. In what was called the “Great Trade-off,” the new law provided injured workers with a more defined method in which they could be adequately compensated for their injuries, without concern over who’s fault led to it, including themselves or their employer. The law went into effect on July 1, 1912. They also attended conferences in other states and conducted several public hearings throughout the Commonwealth.Īfter much political wrangling, the Massachusetts legislature finally passed a new workers’ compensation act, which then Governor Eugene Foss signed on July 28, 1911. Parks of Fall River) studied compensation systems in foreign countries, including England, Germany and Norway, and the recently enacted compensation scheme in New York. Alexander of Lynn Henry Howard of Brookline and State Representative Joseph A. ![]() Lowell of Newton State Representative Amos T. Over the ensuing months, that panel (consisting of Chairman James A. Unfortunately, these attempts were resisted and thwarted in the early stages of the process.įinally, in June 1910, with the influence of organized labor and the backing of several key legislators, then-Governor Eben Draper commissioned a “blue ribbon” panel of five individuals from diverse political and professional backgrounds to study and report on a proper compensation system for injured workers. To remedy this significant inequity and provide adequate compensation for injured workers, efforts began as early as 1904 to enact new laws that would create a truly “no fault” system of recovery for those injured in the course of their employment. In those instances, the injured workers would have no meaningful way to support themselves and their families while they recovered, which often resulted in severe financial devastation for many workers. It also meant great delays in obtaining any monetary compensation as cases often meandered through the courts for several years, even sometimes resulting in a loss for the employee. Of course, this required the injured worker to prove that their employer was negligent before any recovery could be achieved. Just before the turn of the twentieth century, and prior to the first workers’ compensation laws being passed, Massachusetts undertook some protections for injured workers by recognizing their right to sue employers for damages through common law channels. ![]() Much has been written about its origins, reaching as far back as the days of the pirates of the seventeenth and eighteenth centuries (whereby pirates on a ship would be paid in pieces of gold depending on the nature/severity of their injury), the concepts pioneered by Otto Von Bismarck in Prussia, the efforts of Theodore Roosevelt, the creation of a compulsory wage replacement system in England, and eventually moving into the United States in the early twentieth century with the advent of the industrial age. Long before the first workers’ compensation system became a reality in Massachusetts, the theory of compensating injured workers claimed a remarkably interesting history. ![]() This means the only remedy available to an injured worker is to pursue one’s rights under the workers’ compensation process. Workers’ compensation in Massachusetts, as in most other states in the country, is what is referred to as the “exclusive remedy” when one is hurt on the job. The answer to this question is found in a review of the history of the workers’ compensation system. Many clients often ask why they cannot sue their employer if they are injured while in the course of their employment. Hurt on the Job? #1 Important Reason Why You Can’t Sue Your Employer Posted by Joseph Agnelli Jr on Why Can’t I Sue My Employer for Damages If I Get Hurt On The Job? Is there another way?
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