Boston Big Dig Workers’ Compensation Case Settled: Insurer Had Right To Question Whether Employee Was Still Working

The Massachusetts State Supreme Judicial Court ruled yesterday that the insurance company who fought a claim by a Boston Big Dig worker should not have been penalized for taking the matter to court.

Thirteen years ago, Dante DiFronzo was hit by a car at a Boston Big Dig jobsite when he was running between two work zones at the end of his shift. Although no one has ever denied that he was hit by a car, the thirteen-year-old question is whether or not DiFronzo was still working at the time of the accident. Because Massachusetts State law does not hold employers responsible for injuries while commuting, DiFronzo would only be entitled to workers’ compensation if he were still working and had not started his commute home. DiFronzo argued that he was running to a work vehicle to make a radio call that he was about to leave his jobsite. DiFronzo was able to convince authorities that he was still technically working.

DiFronzo’s insurer, National Union Fire Insurance, took the matter to court and argued that he was running to catch a bus home when he was hit by a car. DiFronzo in return tried to file additional penalties against the insurer and his lawyer contended that the insurer wrongfully tried to deny his claim. The Supreme Judicial Court ruled that the insurer was indeed justified in questioning whether DiFronzo was still on the job when he was injured and that they should not have to face additional penalties. The end result of Tuesday’s ruling was that DiFronzo received his workers’ compensation but no extra penalties were filed against the insurer for questioning his claim.

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers to find out if are entitled to workers’ compensation.


Supreme Judicial Court rules against Big Dig worker, Boston Business Journal, April 12, 2011
Contact the Massachusetts work injury lawyers at Altman & Altman if you have been injured on the job.

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