Exceptions to Workers’ Compensation

Workers’ compensation is the primary method for obtaining reimbursement for a work-related injury in Massachusetts. However, there are three exceptions to workers’ compensation in which the worker can also file a lawsuit. Contact the Law Office of Jeffrey A. Young to arrange a free consultation.

Exceptions to Workers’ Compensation | Third-Party Lawsuit

First, a third party is responsible for the injury. For example, let’s say a commercial truck driver loses control of his truck. After the accident investigation, it turns out faulty brakes caused the crash. Even though the truck driver may have a workers’ compensation claim through his employer, he may also have a personal injury lawsuit against the company that made the brakes or the truck.

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Exceptions to Workers’ Compensation | No Workers’ Comp Insurance

Second, the employer has no workers’ compensation insurance. Subject to a few exceptions, most businesses in Massachusetts with employees will have workers’ compensation insurance. If an employer is required by law to have workers’ compensation insurance, but does not when a workplace injury occurs, it’s impossible for the injured worker to file a workers’ compensation claim. Should this unfortunate situation occur, the worker may be able to directly sue the employer in court.

Exceptions to Workers’ Compensation | Litigation Against Employer

The final exception deals with an injury that is the result of serious and willful misconduct by the employer. An employer that knowingly exposes its workers to harmful chemicals could find itself sued in court if a worker becomes injured due to the exposure.

If you are unsure of what avenue to take to receive compensation for your injuries, contact our office to consult with our experienced Massachusetts’ workers’ comp attorneys today.