In addition to the workers’ compensation claim process, some injured workers in Massachusetts sometimes have the option of filing a personal injury lawsuit. This pathway for recovery usually isn’t available to injured workers, but there are two main exceptions to this rule. For more information on filing a lawsuit vs. workers’ compensation and what is applicable in your situation, contact the Law Office of Jeffrey A. Young.
Filing a Lawsuit vs. Workers’ Compensation | Exceptions to Workman’s Comp
The first exception applies when the employer doesn’t have workers’ compensation insurance at the time of injury. Under Massachusetts’ law, almost every business that has employees will be required to have workers’ compensation insurance.
The second exception allowing workers to file a lawsuit is when the person or entity responsible for the worker’s injury is a third party. For example, imagine an employer hires an outside construction contractor to fix a ceiling light in the office. During the repair process, the employer’s own employee becomes injured from falling debris created by the construction company. In this scenario, the injured worker may be able to sue the construction contractor directly as well as make a claim for workers’ compensation.
However, much of the litigation that arises from a work-related injury is not the result of the worker filing a personal injury lawsuit. Rather, litigation takes place when the workers’ compensation insurance company denies the worker’s claim or otherwise pays less than what the worker is entitled to.
Filing a Lawsuit vs. Workers’ Compensation | Hire an Attorney
Due to the complexity of workers’ compensation law and the appeals process, the worker is almost always better off with an attorney. Not only will the attorney ensure the worker is able to present the best case possible, but they can help prevent the worker from forfeiting any legal rights they may have and make the appeals process go as smoothly as realistically possible.
If you have any questions, please call our Lowell workers’ compensation lawyer today for a free consultation. We are here to guide you through this difficult situation.