Can I sue my employer if I was injured on the job?

Injured at work

All employers must provide workers’ compensation insurance coverage according to Massachusetts General Laws. This ensures that employees who are injured on the job or who contract an illness related to their work are protected by Massachusetts Workers’ Compensation benefits.

Compensation benefits are guaranteed in most cases, even if the employee is at fault for their injury. Benefits may cover partial pay replacement, hospital and medical care expenses, and disability compensation.

In exchange for the guarantee of benefits, injured employees receiving workers’ compensation cannot sue their employer for personal injuries. There may be an exception in some cases if the worker can prove that the injury occurred due to the employer’s recklessness or intentional misconduct.

However, if a third party is responsible for a workplace injury, workers are allowed to sue the third party. Third parties can include other businesses hired by your employer or building manager, such as a cleaning company contracted to mop the floors.

Workers’ Compensation benefits do not cover the total amount of your lost earning capacity, pain and suffering, and other damages. Suing a third party can help you recover such losses.

Anyone injured on the job is advised to consult with a Massachusetts injury attorney or law firm. A careful review of your case may uncover additional compensation benefits not covered by Massachusetts Workers’ Compensation.

If you’ve been injured at work, we can review your case to help you determine if you should pursue workers’ comp benefits, an injury lawsuit, or both.

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