Being injured on the job can raise numerous questions. Indeed, an injured worker may have questions about their medical care and treatment, when they’ll be able to return to work, and how’ll they’ll support themself when they are unable to earn a wage. What’s more, they may have questions about workers’ compensation and whether or not filing a workers’ compensation claim bars them from filing a personal injury claim. If you’ve been hurt on the job in Boston or surrounding areas of Massachusetts, here’s what you need to know–

Employer Immunity and Workers’ Compensation

Workers’ compensation is a no-fault system, which means that workers do not have to prove fault in order to recover compensation. However, this also means that their employers are immune from liability, and that workers are barred from filing a claim against their employer. As such, if you are injured at work, you cannot bring a personal injury suit against your employer.

If your employer’s intentional or willful misconduct was the cause of your injuries, however, you do maintain the right to seek double the amount of workers’ compensation benefits that you would normally be entitled to. Further, you can file a civil suit against your employer if your employer did not carry workers’ compensation benefits as required by law.

Third-Party Liability Claims

While claims against employers are prohibited, you may bring a claim against a third party who’s to blame for your injuries, even if you are filing a workers’ compensation claim as well. A third-party liability claim is a type of personal injury suit that is brought against a third party (someone other than your employer) whose negligence caused your injuries. This might be:

  • The manufacturer of a dangerous piece of equipment;
  • The owner of a property where a known hazard caused your injuries; or
  • The driver of a vehicle who hit you while you were on the job.

Potentially liable third parties vary on a case-by-case basis, and are dependent on your industry and the specifics of your case. An important thing to know in a third-party liability suit is that you do have to prove fault in order to recover compensation. In fact, you will have to prove that the party owed you a duty of care, breached the duty of care owed to you, and that this breach was the proximate cause of your injuries.

Start with a Free Case Review from a Personal Injury Lawyer

If you have been injured on the job and are unsure of what your rights are and whether you have a personal injury claim, a workers’ compensation claim, or both, you should meet with a personal injury lawyer to discuss your case for free. At the law offices of Lovenberg & Associates, P.C., our personal injury lawyers can review your case today and provide you with the legal guidance you’re looking for. Reach us today at 617-973-9500 or by sending us a message directly.