It may not always feel this way, but the Massachusetts workers’ compensation system is meant to streamline the process of getting medical care and other benefits to workers who have been injured on the job. Unlike a personal injury lawsuit, in a workers’ compensation case, an injured worker doesn’t have to prove that their employer was negligent or did anything wrong that led to their injury. So long as the injury occurred in the course of their employment, the worker is most likely eligible to receive benefits. These benefits include medical care and, in many cases, a percentage of their wages while they are unable to return to work. To cover the cost of these benefits, the employer must carry workers’ compensation insurance.
However, there are some tradeoffs that come with this arrangement. One is that workers’ compensation benefits cannot cover certain damages that can be covered in a personal injury case. These include compensation for pain and suffering or loss of future earning capacity.
Another tradeoff is that workers’ compensation is an exclusive remedy. This means a worker who has collected workers’ compensation benefits connected to an injury cannot later file a personal injury lawsuit against their employer if it concerns the same injury.
That said. the injured worker is barred from suing their employer, but not from suing anyone else. If a third party was responsible for their injury, the worker may be able to collect workers’ compensation benefits from their employer and file suit against the third party.
Example
One relatively common scenario in which a third party claim might arise involves an injured construction worker. At many construction sites, multiple contractors are involved, all with their own employees working in an environment where serious accidents can easily happen.
For example, say you are a carpenter working for a general contractor when you are injured due the negligence of a welder who is working for a metalworking contractor. You receive medical care and some wage replacement through your employer’s workers’ compensation insurance. Even if you find that your employer was negligent, you generally cannot later file a personal lawsuit against them over this incident. However, you may be able to file suit against the welder and/or their employer. In this lawsuit, you can seek compensation for your pain and suffering.
In this way, you can maximize your recovery, so that you can be compensated for everything you lost as a result of your injury.
Special considerations
Under Massachusetts law, you may have to get approval from the Department of Industrial Accidents before you can file a third-party claim.
Note also that, if you are successful in your third-party claim, your employer’s insurance provider may take a cut of your recovery in order to reimburse itself for the benefits it granted to you.
