QUESTION
My husband was a W-2 contractor when seriously injured. He's full time now working remote. Can he get fired for suing the company?
Asked on Jul 29th, 2013 on Employment Contracts - Massachusetts
More details to this question:
Or fired for suing the investor whose property he was injured on? They ignored his pleas for OSHA compliance. He is a white collar engineer they put in the field to test new cell tower equipment. One of the full time employees gunned the gas THEN put an ATV in gear with my husband on the back holding onto two 50 lb pieces of equipment. The whiplash caused his spinal fusion to be destroyed. Now he is facing MAJOR spinal surgery to repair the damage. Also, the medical device used had an FDA warning issued a few months before his surgery. http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm223696.htm. Perhaps they are at fault as well. His surgeon is shocked, saying he has NEVER seen a titanium cage (Alphatec) fail. We are very worried he could be crippled or die. If we pursue legal action he could lose his job. Please let us know what you would do if this were you or a loved one. Thank you!
1 ANSWER
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Pomykato & Pomykato
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Due to the complex nature of your husband's claim, you will need to contact an experienced workers' compensation and personal injury lawyer. Even though your husband may be a classified as an independent contractor by the employer, the facts may lead to a different outcome in the eyes of the Massachusetts Department of Industrial Accidents. The classification of an independent contactor is very specific and an experienced workers' compensation lawyer is needed to evaluate your husband's workers' compensation status. The status is very dependent on the nature of the work performed, the amount of supervision provided, the hours worked, as well as many other determining factors.
In regard to the personal injury claim, based on the facts provided here, it is likely your husband does have a claim against the driver of the ATV. It appears that the driver was negligent in the operation of the vehicle and therefore liable for the damages sustained by your husband. In terms of the firing, I would suggest that it will be unlikely that your husband will be fired due to the extensive injuries sustained in the accident while on the job.
Please contact my office to further discuss your husband's options.
John C. Pomykato, Esquire
Pomykato & Pomykato
(617) 423-0001
Pomykatolaw.com
Answered on Aug 19th, 2013 at 11:12 AM