Personal Injury Lawsuits
If you have been injured on the job site in Massachusetts, you may be wondering how to recover damages such as lost wages and medical expenses. In addition to the workers’ compensation claim process, some injured workers sometimes have the option of filing personal injury lawsuits. This pathway for recovery usually isn’t available to injured workers, but there are two main exceptions to this rule.
Personal Injury Lawsuits | Employer Without Workers’ Comp Insurance
An injured worker can file a personal injury lawsuit when his or her employer does not have workers’ compensation insurance at the time of injury. Under Massachusetts state law, almost every business that has employees will be required to have workers’ compensation insurance.
Personal Injury Lawsuits | Third Party Claim
The second exception allowing workers to file a personal injury 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.
Personal Injury Lawsuits | Hiring an Attorney
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.
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 been injured at work and have questions about your legal options, please contact our experienced Massachusetts injured worker attorney for a free consultation.