Workers’ Compensation Is Often Just the Beginning
When a Massachusetts worker is injured on the job, workers’ compensation provides immediate medical and wage benefits. But workers’ comp has significant limitations — it does not cover pain and suffering, pays only about 60% of lost wages, and bars most lawsuits against your employer. What many injured workers don’t realize is that a separate third-party personal injury claim may be available, and it can be far more valuable than workers’ comp alone.
What Is a Third-Party Workplace Injury Claim?
A third-party claim is a personal injury lawsuit against someone other than your employer whose negligence contributed to your workplace injury. Common third-party defendants include manufacturers of defective tools or machinery used at the worksite, general contractors or subcontractors who created a hazardous condition, property owners who failed to maintain a safe premises, drivers who caused a motor vehicle accident while you were working, and vendors or delivery companies whose employees acted negligently on your worksite.
What Third-Party Claims Cover That Workers’ Comp Does Not
A third-party personal injury lawsuit in Massachusetts can recover full medical expenses beyond what workers’ comp pays, 100% of lost wages rather than the 60% workers’ comp provides, pain and suffering which is entirely excluded from workers’ comp, future lost earning capacity if your injury causes permanent limitations, and emotional distress damages. For workers with serious injuries, the difference between workers’ comp alone and workers’ comp plus a third-party settlement can be hundreds of thousands of dollars.
Handling the Workers’ Comp Lien
If you collect both workers’ comp benefits and a third-party settlement, your workers’ comp insurer will assert a lien seeking reimbursement for benefits paid. Our Massachusetts workplace accident attorneys negotiate this lien aggressively to minimize the amount you must pay back, maximizing your net recovery from both sources.
Contact Larson Law After a Workplace Injury
If you were seriously injured at work in Massachusetts, call Larson Law at 508-888-8888. We evaluate your full range of claims — workers’ comp and beyond — in a free consultation. No fee unless we win.
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.