Governor Deval Patrick recently passed an amendment to Massachusetts’ workers’ compensation statute that allows any three private citizens to file a civil suit against employers who fail to follow workers’ compensation laws.
The amendment incentivizes plaintiffs with a monetary award, compensatory and liquidated damages, and costs and attorney’s fee. The plaintiffs will be required to provide the employer and any insurer with a notice of intent to sue 90 days prior to the start of the action.
The statute also provides for a six year statute of limitations, which is twice as long as most other wage-related claims. Experts predict that this will put additional pressure on Massachusetts employers to comply with workers’ compensation laws and correctly classify workers.
The amendment to the workers’ compensation statute takes effect on November 7, 2010.
Source: Workers’ compensation private right of action bill creates new hazards for Massachusetts employers, Lexology.com, August 23, 2010
Contact the Massachusetts workers’ compensation law firm of Altman & Altman if you believe you have been wrongfully denied workers’ compensation. Our attorneys have over 50 years of experience in handling a variety of claims and cases.