A case recently decided in Boston and upheld by the First U.S. Circuit Court of Appeals found no merit in an employee’s personal injury lawsuit, where claim she should be able to sue her employer because at the time of her injury she was working for a wholly-owned subsidiary of her employer. The Boston attorneys at the Law Office of Neil Burns have successfully resolved cases for employees injured at work through no fault of their when liability rests with a party other than the employer. We can evaluate your work injury claim to determine if this option is available to you.
In this case the U.S. District Court in Massachusetts granted summary judgment in favor of Delta Airlines. The issue was whether a person was an employee. In Massachusetts, employees cannot sue their employers for personal injury: they must use the so-called workers compensation system. However, in this case, the worker claimed that she was not an employee, but a contractor. The Court, however, found her to be a “loaned servant” , finding that it was immune from personal liability because the claimant was a “loaned servant” and therefore, could not avail herself to the court, but must use the much less remunerable workers’ compensation statute.
There are a number of factors used to determine whether a worker is an employee or a contractor. One is whether the employer directed and controlled the employee’s activities. In this case, the Court determined that the plaintiff was clearly working under the direction and control of Delta and its employee rules.