The Supreme Judicial Court has added yet another reason for employers to properly classify their workers — the threat of a direct lawsuit by non-employees injured on the job, even if those workers first collect hefty workers’ compensation payouts. In a May 23, 2011 decision, the Court held that the state law barring injured employees from suing their employers does not apply to subcontracted workers. Two victims of a residential construction project explosion were permitted to first settle with the defendant’s workers’ compensation insurer, then sue the company that controlled the worksite where they were injured. [Read more...]