Mass. Gen. Laws » Part I Title XXI Chapter 153

Mass. Gen. Laws ch. 153, § 1

Rights to compensation and of action

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Section 1. If personal injury is caused to an employee, who, at the time of the injury, is in the exercise of due care by reason of—

First, A defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negligence of the employer or of a person in his service who had been intrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or

Second, The negligence of a person in the service of the employer who was intrusted with and was exercising superintendence and whose sole or principal duty was that of superintendence, or, in the absence of such superintendent, of a person acting as superintendent with the authority or consent of such employer; or

Third, The negligence of a person in the service of the employer who was in charge or control of a signal, switch, locomotive engine, elevated train or train upon a railroad or elevated railway;

The employee, or his legal representatives, shall, subject to the eight following sections, have the same rights to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer.

A car in use by or in possession of a railroad corporation, or an elevated car in use by or in possession of an elevated railway corporation, shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause first, whether owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause third, and whoever, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine, elevated train or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine, elevated train or train within the meaning of said clause.

This section shall not apply to injuries caused to farm laborers by fellow employees.

Notes of Decisions
Cited in 8 cases, 1926–1990 · leading case: Poirier v. Town of Plymouth
Sort: Relevance Newest Treatment
Poirier v. Town of Plymouth (1978) mass · cites it 2× “(The current version is G.L.c. 153, § 1.) This court held that the employer's negligence under the statute was circumscribed by the express or implied contract of employment, an essential element of which was the freedom of the employee to "take the risk of working where there…”
Marques v. Bellofram Corp. (1990) massappct “And where the employer is not within the scope of workers’ compensation, the Employers Liability Act, G. L. c. 153, § 1, largely eliminates the defense in suits by employees.”
Thayer's Case (1962) mass “270, § 1, now G. L. c. 153, § 1, refers to the rights of an employee “ [wjhere .”
O'Leary's Case (1975) mass “Comparable language in the Employer’s Liability Act, G. L. c. 153, § 1, has been interpreted by this court as primarily intended to differentiate between a mere volunteer and one actually designated by the employer as a super *115 intendent.”
Devlin v. Newfell (1931) mass “The plaintiff declared in two counts, one under the employers’ liability act, G. L. c. 153, § 1, the other at common law, for an injury caused by the caving in upon him of a trench which he was digging to furnish sewer and water *281 connection for a house then being constructed…”
Ferriter v. Daniel O'Connell's Sons, Inc. (1980) mass · cites it 2× “G.L.c. 153, § 1 (fellow servant rule may not apply in certain employee actions against employer).”
Griffin v. New York, New Haven & Hartford Railroad (1932) mass “Thus it appears that the first count was founded on the common law; the second and third counts, on the employers’ liability act of this Commonwealth, G. L. c. 153, § 1, and the fourth count, on *513 the employers’ liability act enacted by Congress with respect to interstate…”
Renaldi v. New York Central Railroad (1926) mass “G. L. c. 153, § 1, Third. The defendant did not undertake to give the decedents warning of the approach of trains but each was expected to look out for himself.”
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