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After suffering serious injuries in a work-related accident, frustration and financial stress often lead to an important question: “Can I sue my employer?” As a Massachusetts workers’ compensation attorney, I’m asked this by clients and prospective clients all the time. Understanding your rights as an injured worker under Massachusetts law is the first step toward protecting your future.
The General Rule: Workers’ Compensation Is Your Primary Remedy
In Massachusetts, if you are injured at work, your primary (and mostly exclusive) legal remedy is a workers’ compensation claim – not a lawsuit against your employer. Massachusetts law requires most employers to carry workers’ compensation insurance, and in exchange, employees give up the right to sue their employer directly for workplace injuries. This trade-off means you can receive benefits for medical expenses and a portion of lost wages without having to prove your employer was negligent, but it also limits your ability to pursue a traditional lawsuit. This is why workers’ compensation benefits are referred to as “no-fault” benefits.
Are There Exceptions That Allow a Lawsuit?
Yes, there are limited exceptions. If your employer intentionally caused your injury, Massachusetts courts may allow a civil lawsuit outside the workers’ compensation system. Additionally, if your employer does not carry workers’ compensation insurance as required by law, you may have the right to sue them directly in civil court. These situations are relatively rare, but they do exist, and an experienced attorney can help you determine whether your case qualifies.
Can I Sue a Third Party for My Work Injury?
Even if you cannot sue your employer, you may be able to file a personal injury lawsuit against a third party whose negligence contributed to your accident. Common examples include equipment manufacturers, subcontractors, property owners, or negligent drivers in work-related vehicle accidents. A third-party claim can provide compensation for pain and suffering, which workers’ compensation does not cover.
What Should I Do After a Work Injury?
After any workplace accident, report the injury to your employer as soon as possible and seek medical attention immediately. Documenting your injuries and the circumstances of the accident is critical to protecting your rights. Whether you are filing a workers’ compensation claim or exploring a third-party lawsuit, acting quickly matters – Massachusetts has strict deadlines that can affect your ability to recover.
Every case is different. The key is understanding whether your situation falls within the workers’ compensation system alone or whether additional claims may be possible. Speaking with an experienced Massachusetts workers’ compensation attorney can help you evaluate your options and protect your rights.
How Can Attorney Chuck Pappas Help?
Framingham accident attorney Chuck Pappas has over 20 years of experienced representing injured workers in Massachusetts. He can review the facts of your accident, identify all potential sources of compensation, and guide you through the workers’ compensation process or pursue a third-party personal injury claim on your behalf.
We understand that being hurt on the job can be extremely stressful. After a serious injury, you may not only be losing time at work and your paycheck, but you may require extensive medical treatment which can be costly. You are probably concerned about how you are going to provide for yourself and your family and how you are going to cover the cost and expense of your treatment. These are completely valid concerns. Injured workers in these positions need the help of an experienced Massachusetts workers’ compensation attorney.
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.