According to a recent news article from the Boston Globe, an operator on the Massachusetts Bay Transportation Authority (MBTA) Red Line Mattapan Trolley in Dorchester was driving the trolley car when a man wearing a Michael Myers mask viciously attacked him.
For those who are not familiar with the mask, it was a rubber mask that covers the wearer’s entire face and also has rubber hair. It is named after the eponymous character that served as the bad guy in the popular “Halloween” horror movie franchise. Authorities have said the man in the Michael Myers mask entered the trolley car and punched the driver in the head. He then grabbed the driver and dragged him off the vehicle and onto the platform, where he continued to beat the man. The assailant then fled the scene of the assault as the two passengers on the trolley car were calling the police.
The victim is 45-years-old and had been with the MBTA for about 1.5 years before this vicious attack. Fortunately, his injuries were not considered to be life threatening, and he was released for the hospital the following day. The police are still looking for the masked suspect and are asking for any help the community can provide.
When you are on the job and are either attacked by a third party such as customer, vendor, random person, or you were injured on the job by the negligence of one of these other people, you may be able to file for workers’ compensation in Boston and also file a personal injury lawsuit.
Normally, workers’ compensation in the Commonwealth functions as a single recovery system. This means that if you are eligible to apply for workers’ compensation, you cannot also file a civil personal injury lawsuit. However, there are two exceptions to this, and one of them is when the workplace injury or illness was the result of negligence or intentional tortious conduct.
If the injury or illness was caused by the negligence or intentional tortious conduct of another, your Boston workplace injury lawyer may be able to help you file a workers’ compensation case and also represent you in a personal injury lawsuit. However, it is important to understand the key to whether or not you can file a lawsuit in addition to a Boston workers’ compensation claim is whether or not the injury was actually caused by a third party. If the other person was a coworker of yours, they are not considered a third party, and you are not able to file a personal injury lawsuit.
If you are able to file a personal injury lawsuit, and you have previously recovered workers’ compensation benefits, which is likely the case, you will be required to reimburse the workers’ compensation insurance for any benefits you had received. While this may not seem fair, it is because the system is supposed to be a single recovery program. However, you will be able to collect additional damages for pain and suffering that was not available as part of a workers’ compensation claim.
If you or someone you love has been injured a Boston work accident, call for a free and confidential appointment at (617) 777-7777.
Additional Resources:
MBTA driver beaten by man in Michael Myers mask, October 30, 2016, By Alexander Schroeder, Boston Globe
More Blog Entries:
OSHA’s New Injury Reporting Rule and Employee Drug Testing, July 14, 2016, Boston Workers’ Compensation Lawyer Blog