Boston Workers Compensation Lawyer Blog
The simple answer to this question is yes, but only in very limited circumstances. One cannot generally sue their employer for injuries that happen at work. There are, however, some exceptions where an injured worker may “sue” to be compensated for a workplace injury. Massachusetts’ workers’ compensation laws provide that if one is injured at work, then the injured person’s “exclusive remedy’ against their employer is compensation through the workers’ compensation system. The Massachusetts workers’ compensation system, much like those workers’ compensation systems in other states, provides only limited compensation for work injuries. In stark contrast, civil lawsuits for injuries allow an injured person to pursue compensation for 100% of past and future wage loss, 100% of cost of medical expenses (subject to the insurer’s lien), and pain and suffering. Many times, an injured worker is surprised to hear that they are limited to workers’ compensation benefits as a result of their work injury. Because the settlement value of civil lawsuit generally far exceeds the settlement value of a workers’ compensation claim, it is always necessary to investigate a work injury to determine whether a civil lawsuit may also be pursued. A few situations where an injured worker may be able to pursue additional compensation through a civil lawsuit include:
