If you are injured at work in Massachusetts, you cannot sue your employer. What you can do is file a Massachusetts workers' compensation claim. Your employer is required under Massachusetts law to carry workers' compensation insurance. Also, should your employer not have workers compensation insurance at the time of your injury, you can still file a claim with the Trust Fund of the Department of Industrial Accidents.
Workers' compensation was created in the early part of the last century as a compromise between employers and employees. When the employee is injured at work, he does not need to show fault on the part of the employer. The employer on the other hand does not have to go to court every time an employee is injured. This benefits the employer because it greatly reduces its liability.
Massachusetts workers' compensation disputes are not handled in court, but by the Industrial Accident Board. The Statute of Limitations for workers' compensation claims in Massachusetts is four years.
Let us know how we can assist you with your workers' compensation claim.