Here’s another important worker’s comp tip of the week in Massachusetts. If you are injured in an accident going to work or coming home from work, you may not be eligible for workers compensation benefits. This is because of the Going and Coming Rule in Massachusetts.
This rule provides that if you're injured in an accident going to work or coming home from work it is not considered to be an accident within the course of your employment. However, if that accident was caused by a negligent third party you may have the ability to file a personal injury lawsuit, or a bodily injury claim against that negligent party.
For example, if one morning you get up, you get ready, you get in your car and start heading to work and you are rear ended by another driver and you suffer injuries in that accident, while it may not be considered a worker's compensation claim because you're technically not within the course of your employment, you certainly would have the ability to file a bodily injury claim or a personal injury lawsuit against that negligent driver to seek compensation for your injuries.
I hope this helps and if you have any questions feel free to reach out to me thanks for watching.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.