In Massachusetts, if you are hurt on the job, generally, you cannot sue your employer. That’s the law. But, if the work accident was caused by a third-party, you may be able to file a personal injury claim or lawsuit against the negligent third-party. In this type of a situation, the injured worker would have two separate claims. One is their workers’ compensation claim and the other is the third-party personal injury claim.
For example, if a delivery driver is on the job making a delivery and is rear-ended and seriously injured by a third party, that delivery driver may receive workers’ compensation benefits and also file a personal injury claim or lawsuit against the negligent third-party.
While these cases arise from the same accident, they involve two completely separate cases. They are very different from one another. For example, pain and suffering is compensable in a third-party personal injury case, but not in a workers’ compensation claim.
At our office, we specialize in both personal injury and workers’ compensation. They both have totally different approaches to handling them and completely different values. Although they are different cases, they must both be handled appropriately and efficiently in concert with one another to maximize the financial recovery in both. The benefit of our office is that we specialize and have a lot of experience in both practice areas and we know what needs to be done in order to get you the money they deserve.
If you were hurt on the job and the accident was caused by a third-party, feel free to give us a call or fill out the contact form on our website. We’d be happy to evaluate your case for free and remember, there’s no obligation.