This is a great question that we answer quite frequently. The answer is NO. In Massachusetts, the workers' compensation laws are set up to be the exclusive remedy for work related injuries. The insurance that Employers are required to carry for injured employees is called "no fault" insurance. This insurance provides injured workers with benefits for medical care and disability benefits (partial wage replacement). This "no fault" insurance also protects the Employers from potentially damaging lawsuits. So, generally you cannot file a lawsuit against your Employer for your injury.
This is one main reason why workers' compensation claims are significantly different from other personal injury case. Even in the case where the Employer may have been negligent and that negligence caused or contributed to your injury, you are prevented from filing a lawsuit against your Employer.
Have you Been Hurt on the Job in Massachusetts?
If you, or someone you know, has been injured on the job in Massachusetts you most likely have many questions. Feel free to call us at (508) 879-3500 or contact us online. You should take the time to speak with our legal team so we can evaluate your case for free. It just might be the best decision you make.