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Third-Party Liability And The Limits Of Workers’ Comp Benefits

After suffering from a work-related injury or illness, you may be entitled to workers’ compensation. However, workers’ comp provides only limited types of compensation — mainly, medical expenses and lost wages. You can’t get damages for pain and suffering through a workers’ comp claim.

This limitation is based on public policy and the reason behind workers’ compensation law in Massachusetts: to reduce tensions among employer-employee conflicts. You can receive benefits through your employer regardless of fault, but on the other hand, you typically can’t turn around and sue your employer for negligence.

You Could Still Have A Personal Injury Claim

In some cases, workers’ comp might not be your only source of recovery. You could also have a personal injury claim if a third party (someone other than your employer or co-workers) contributed to your accident or injury. These claims commonly arise in situations such as:

  • Construction accidents: Many of the people who work at construction sites are not technically your co-workers. Instead, they’re independent contractors. If negligence on part of another subcontractor or general contractor played a role in your injury, you may have a right to seek damages from that party.
  • Motor vehicle accidents: 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.
  • Defective products: If the machinery or equipment that caused your injury was defective — or if it was dangerously designed or lacked sufficient warnings — you may have a claim against the manufacturer.
  • Inspectors: Sometimes, third-party inspectors are negligent in failing to pick up on safety risks posed by machinery, equipment and work-related facilities. We can help if you were injured as a result of an inadequate inspection.
  • Medical malpractice: Perhaps a third-party doctor, physician or surgeon mishandled your injury. We have a long history of success in representing victims of medical negligence.

These are just some of the scenarios that can rise to a personal injury claim. At the law firm of Barry D. Lang, M.D. & Associates, we can take a close look at your situation and walk you through your options — whether that means a workers’ comp claim, a personal injury (or wrongful death) claim, or both.

When You Can Sue Your Employer: Intentional, Willful And Wanton Conduct

In rare situations, you may have the right to sue your employer if their conduct was intentional, willful or wanton — a high standard that involves much more than mere negligence. Only in these most serious cases can an employee bring a personal injury lawsuit for pain and suffering as well as punitive damages. Our attorneys will thoroughly investigate the circumstances that led to your injuries so we can identify whether your situation rises to this level.

Get A Free Case Evaluation

Wondering what your options are for pursuing compensation after a work-related injury or illness? It won’t cost you anything to get help from our legal team. Contact our office in the Boston area at 1-877-LAW-DOCS  to learn more.