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SECTION 28 DOUBLE COMPENSATION EMPLOYERS MISCONDUCT

Understanding Section 28: Double Compensation for Employer Misconduct

Employees injured at work are typically entitled to workers’ compensation benefits. However, when an employer’s serious and willful misconduct contributes to an injury, Massachusetts law under Section 28 of the Workers’ Compensation Act provides an exceptional remedy—double compensation for the injured worker.

At Markey Law Partners, we specialize in helping employees handle these complex claims, ensuring they receive the full compensation they deserve when employer negligence goes beyond ordinary workplace hazards.

What is Section 28 of the Massachusetts Workers’ Compensation Act?

Section 28 is a provision that holds employers financially accountable for their extreme negligence or intentional misconduct. Unlike standard workers’ compensation claims, which operate under a no-fault system, Section 28 allows for an increase in compensation when the employer’s actions are particularly egregious.

This provision is critical for injured workers, as it provides double the usual benefits, covering medical expenses, lost wages, and disability compensation at an increased rate due to the employer’s wrongful conduct.

What Qualifies as Serious and Willful Misconduct?

Under Massachusetts law, serious and willful misconduct is more than just negligence—it involves reckless disregard for workplace safety or an intentional violation of safety regulations. Some common examples of serious and willful misconduct include:

  • Failure to Provide Safety Equipment – If an employer knowingly fails to supply required protective gear, leading to injury.
  • Deliberate OSHA Violations – Ignoring federal and state safety standards, resulting in a hazardous work environment.
  • Ignoring Known Dangers – An employer being aware of workplace hazards but refusing to address them.
  • Forcing Employees to Work in Unsafe Conditions – Threatening termination or other consequences if an employee refuses unsafe tasks.

Unlike typical workplace injury claims, an injured employee must prove that the employer’s actions were intentional or demonstrated reckless disregard for safety. Our workers compensation attorneys at Markey Law Partners can assist you in recovering double compensation under section 28.

The Burden of Proof in Section 28 Cases

Winning a Section 28 claim requires solid evidence demonstrating that the employer acted with serious and willful misconduct. The burden of proof is on the injured worker, making it essential to have experienced legal representation.

To establish a strong case, employees must prove:

  1. The employer had knowledge that their actions could cause serious injury.
  2. The employer acted (or failed to act) despite this knowledge.
  3. The injury was a direct result of this misconduct.

Because employers and their insurance companies often aggressively defend against these claims, working with Markey Law Partners can significantly improve the chances of a successful outcome.

Notable Legal Precedents: Section 28 in Action

Over the years, Massachusetts courts have handled landmark cases interpreting Section 28, refining the definition of employer misconduct. One well-known case is O’Leary’s Case, where the court ruled in favor of an injured worker due to clear evidence of employer negligence. This case set a precedent that intentional disregard for safety protocols could warrant double compensation.

Through these cases, courts have reinforced the importance of holding employers accountable when they violate workplace safety laws.

Employer Liability & Consequences

If an employer is found guilty of serious and willful misconduct, they may face:

  • Double Compensation Costs – The employer or their insurance carrier must pay twice the standard workers’ compensation benefits.
  • Increased Legal Scrutiny – A Section 28 ruling could lead to further investigations by OSHA and state agencies.
  • Reputational Damage – Legal findings against the employer can harm their credibility and business operations.

Employers often attempt to downplay their misconduct or shift blame onto employees, making legal representation crucial for injured workers seeking justice.

Why Choose Markey Law Partners for Your Section 28 Claim?

At Markey Law Partners, we bring decades of experience in workers’ compensation and employer liability claims, providing aggressive legal representation for employees who have suffered due to employer negligence. Our firm stands out for:

  • Proven Track Record – Successfully securing double compensation for injured workers.
  • In-Depth Legal Expertise – Extensive knowledge of Massachusetts labor laws and precedents.
  • Personalized Legal Strategies – Every case is unique, and we develop customized approaches to maximize compensation.

Taking Action: Protect Your Rights Today

If you believe your injury resulted from serious and willful employer misconduct, you may be eligible for double compensation under Section 28.

Do not face this battle alone—Markey Law Partners is here to help you fight for your rights and maximize your claim. Contact us today for a free consultation and let our legal team provide the strong representation you need.

Call Markey Law Partners Today on 877-488-2667 – Your Justice Starts Here.