Two Different Systems for Workplace Injuries
If you are injured at work in Massachusetts, you may be entitled to compensation through two different legal systems: the workers’ compensation system and the personal injury (tort) system. Understanding the difference — and knowing when you can pursue both — is critical to maximizing your recovery after a workplace accident.
Massachusetts Workers’ Compensation: The Basics
Workers’ compensation is a no-fault insurance system. If you are injured on the job in Massachusetts, you are entitled to workers’ comp benefits regardless of whether your employer was negligent. Workers’ comp covers medical expenses and a portion of lost wages — typically 60% of your average weekly wage. The tradeoff is that it does not cover pain and suffering or full lost wages, and it generally prevents you from suing your employer directly.
When Can You File a Personal Injury Lawsuit After a Workplace Accident?
While workers’ comp bars most lawsuits against employers, it does not prevent you from suing third parties whose negligence contributed to your injury. Common third-party defendants include manufacturers of defective machinery, contractors or subcontractors who created a hazardous condition, property owners who failed to maintain a safe worksite, and drivers who caused motor vehicle accidents during work hours. These third-party claims can include full lost wages, pain and suffering, and all other damages.
Can I Collect Both Workers’ Comp and a Personal Injury Settlement?
Yes, in many cases you can collect both. However, if you recover a personal injury settlement, your workers’ comp insurer may have a right to be reimbursed for benefits they paid out. Our attorneys structure third-party settlements to minimize the workers’ comp lien and maximize your net recovery.
Why You Need an Attorney for Workplace Injury Claims
Navigating both the workers’ compensation system and a potential third-party personal injury claim simultaneously is complex. An experienced Massachusetts workplace injury attorney identifies all available claims, handles both systems in parallel, and ensures you receive the maximum total recovery. Call Larson Law at 508-888-8888 for a free consultation.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.