In workers' compensation cases, there are limited options for seeking damages for pain and suffering. Generally, only in third-party liability claims can a work-injury victim file a personal injury lawsuit. Otherwise, benefits are capped at workers' compensation, which includes only medical expenses and lost wages. This is due to public policy and the reason behind workers' compensation law: to reduce tensions among employer-employee conflicts. By accepting workers' compensation, you are agreeing that, regardless of fault, you receive benefits.
If the facts indicate negligence by a third party other than your employer, however, a third-party liability suit is may be possible. Examples of these types of situations include:
- Construction accidents: On a construction site, there may be many individuals who are not co-workers. If negligence on part of the subcontractor, machine manufacturer or other party caused your injury, a lawsuit can be filed against the third party.
- Vehicle/car crashes: If you are injured in an accident while on the job, you may have a claim against the negligent driver. We represent delivery drivers, truck drivers and other individuals injured in work-related motor vehicle accidents.
- Manufacturers/distributors: Machinery or equipment causing the injury may have been improperly designed/manufactured/distributed by a third party. In these cases, you can bring a claim against the manufacturer or designer for your injuries.
- Inspectors: Failure of a third-party inspector to properly inspect the machinery, equipment, facilities used by the injured employee can lead to serious injuries. We can help if you were injured as a result of a poor inspection.
- Medical malpractice: A third-party doctor, physician or surgeon may have aggravated or improperly treated an injury. We are skilled at handling medical malpractice claims and can help you understand your legal options.
These are just some of the scenarios that often mean a possible third-party liability action. Speak with a worker injury attorney at the law firm of Barry D. Lang, M.D. & Associates, to discuss whether your situation merits third-party liability.
Intentional, Willful and Wanton Employer Conduct
Although they are very rare, another exception outside of workers' compensation benefits is if the employer's conduct was intentional, willful or wanton. Only in these more serious acts of negligence by an employer can an employee file a personal injury lawsuit for pain and suffering as well as punitive damages. Our lawyers will thoroughly investigate the circumstances that led to your injuries so we can help you pursue the full and fair compensation you need and deserve.
Experienced Boston Attorneys for Injured Workers
Do you have a possible third-party liability claim related to your work injury? At our law firm, we can help you obtain assistance from a skilled and highly experienced Boston workers' compensation attorney. Call us toll free at 800-LAWYERS or contact us online for a free consultation.