If I’m Hurt at Work Am I limited to Just Workers’ Compensation Benefits? Massachusetts Injury and Accident Lawyer Explains
If you’ve suffered an injury at work in Massachusetts, you’re likely entitled to workers’ compensation benefits. You may even be entitled to additional compensation and benefits, but it depends on the specifics of your case.
Workers’ compensation exists to ensure that both workers and employers are protected by the law. Essentially, the Massachusetts Workers’ Compensation system exists to ensure workers are protected by insurance if they are injured on the job or contract an illness related to their work. If someone has died on the job or due to a work-related illness, family members are also able to pursue workers’ compensation benefits.
Workers’ compensation benefits can include things like: paying all medical bills for reasonable treatment of your injuries, receiving a percentage of your gross average weekly wages, partial or total disability benefits, disfigurement or loss of function benefits, and death benefits.
What workers’ compensation does not allow you to do if you’ve been injured on the job, is to file an injury lawsuit against your boss or employer. Effectively, the Massachusetts Workers’ Compensation Act protects employers who have workers compensation insurance (which is required by law) from employee lawsuits. Neither an employer nor workers’ comp benefits are required to offer you any compensation for your pain and suffering.
Who Can I Sue if I’ve Been Injured at Work in Massachusetts?
As you now know, you can't sue your employer in Massachusetts if you’re receiving workers’ compensation benefits, but you might be able to sue a third-party.
A third-party negligence injury lawsuit can be filled if the negligence or carelessness of a third party contributed to your workplace accident and injuries.
For example, if you’re a truck driver and are injured in an accident during your working day - you most likely can’t sue the company you work for. But you may be able to sue the driver who caused the accident.
Or let’s say you slipped and fell on a wet floor at work - you also can’t sue your employer, but you may be able to sue the cleaning company who washed the floors because they were negligent and forgot to put out wet floor signs.
The examples go on and on, but it all boils down to this: If you’ve been injured at work, you are most likely entitled to workers’ compensation benefits and you might be entitled to compensation for your pain and suffering via a lawsuit if a third-party was involved.
How Do I Know if I Was Hurt Due to A Third-Party’s Negligence?
This is not a question that you’ll be able to answer on your own. Thankfully, you have Spada Law Group.
Workers’ compensation claims and third-party negligence injury lawsuits can seem daunting, but we’re here as an advocate for your recovery and your rights to collect any and all compensation you're entitled to in order to recover.
We always recommend consulting with an experienced injury lawyer after a workplace accident or injury. You may never know what options you do or don’t have unless you talk to an attorney. As injury lawyers our advice to you is this: don’t determine for yourself what your benefits are after a work injury. Always talk to a professional so you don’t disqualify yourself from benefits you’re entitled to.
We Offer Free Consultations to Anyone Injured on the Job in Massachusetts. Schedule Yours Today.
If you were hurt at work and don’t know what to do next - we’re here to help. During a free consultation, we’ll review your claim and advise if you should pursue workers’ comp benefits, an injury lawsuit, or both.