Workers’ Compensation and Personal Injury in Massachusetts
If you are injured on the job in Massachusetts, workers’ compensation provides your primary remedy against your employer. But workers’ comp does not cover everything – and in many cases, injured workers can also pursue a separate personal injury lawsuit against a third party to recover damages that workers’ compensation does not pay.
What Workers’ Compensation Covers – and What It Doesn’t
Massachusetts workers’ compensation pays medical bills related to your work injury, a portion of your lost wages (typically 60% of your average weekly wage), and vocational rehabilitation benefits. However, workers’ compensation does not pay for pain and suffering, full lost wages, or other non-economic losses. This is where a third-party personal injury lawsuit becomes critical.
What Is a Third-Party Personal Injury Claim?
A third-party claim is a personal injury lawsuit against a party other than your employer. Common third-party defendants in Massachusetts work injury cases include product manufacturers (defective machinery or tools), property owners where a slip and fall or other accident occurred, contractors or subcontractors on a construction site, and drivers who caused a vehicle accident during work.
Why Third-Party Claims Are Valuable
Unlike workers’ compensation, a third-party personal injury lawsuit allows you to recover full lost wages, pain and suffering, emotional distress, and all other damages. The combined recovery from both workers’ comp and a third-party lawsuit can be significantly larger than either claim alone.
The Workers’ Comp Lien
When you receive workers’ compensation benefits and also recover from a third-party lawsuit, your employer’s workers’ compensation insurer has a right to reimbursement – called a lien – from your lawsuit proceeds. Our attorneys negotiate to reduce these liens to maximize your net recovery.
Statute of Limitations for Third-Party Work Injury Claims
The statute of limitations for personal injury claims in Massachusetts is three years from the date of injury. Do not assume that your workers’ compensation claim protects your right to sue a third party – they are separate claims with separate deadlines.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
Contact a Massachusetts Work Injury Attorney
Larson Law helps Massachusetts workers injured on the job pursue both workers’ compensation benefits and third-party personal injury claims. Contact us for a free consultation – no fee unless we win.