In most cases, no. Massachusetts workers' compensation law provides two types of benefits for job-related injuries: disability benefits (wage replacement) and medical benefits. The law does not include additional compensation for pain and suffering.
When you settle a workers' compensation case in Massachusetts, you typically receive a lump sum payment representing future disability benefits. This settlement does not include any amount for pain and suffering.
The Third-Party Exception in Massachusetts
You may be able to recover pain and suffering damages if a third party – someone other than your employer or a co-worker – caused your work-related injury. In these situations, you can pursue both:
- Workers' compensation benefits (disability and medical coverage) from your employer's insurance
- A personal injury claim against the responsible third party, which can include compensation for pain and suffering
Example: If you work for a landscaping company and are rear-ended by another driver while traveling to a job site, you have two potential claims. You can file a Massachusetts workers' compensation claim for benefits and simultaneously pursue a personal injury claim or lawsuit against the at-fault driver for all damages, including pain and suffering.
If you believe a third party may be responsible for your workplace injury, consult with an experienced Massachusetts workers’ compensation attorney and personal injury lawyer to understand your options for pursuing additional compensation.
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.