What Are My Legal Rights If I Receive Personal Injuries At Work?

What Are My Legal Rights If I Receive Personal Injuries At Work?
Many people, regardless of what they do for a living, are exposed to the risk of injury each and every day. Whether it be construction workers, truck drivers, or anyone else, there are always possible ways to injure yourself on the job. When an accident at work produces personal injuries, oftentimes, the victim wants to know what legal rights he may pursue. Generally, if one is injured on the job, workers’ compensation laws are in place to provide the injured worker with needed rates. These rates include payment for medical bills, payment for lost time from work, as well as other possible benefits.
These rates, however, are frequently denied by insurance companies. Each and every employer of Massachusetts, by law, must carry workers’ compensation insurance. This insurance provides for the payment of benefits to injured workers. Many times, perfectly valid and legitimate claims for workers’ compensation benefits are denied by insurance companies. The claim may be denied for a variety of reasons. Regardless of why the claim is denied, the denial does not mean the claim is not legitimate.
When there is a denial of the workers’ comp claim, a workers’ compensation attorney in Massachusetts is needed in order to file a claim for the injured worker. This may be a claim for lost wages that have been denied and, or for the payment of medical bills that have been denied. During this time, if the injured worker is in physical pain, he or she should seek appropriate medical attention. If the work injury does not require the injured worker to miss any time from work, no lost wages can be collected. However, payment for medical bills can be sought if the physical injuries require medical treatment.
Besides the claim for Worker’s Compensation benefits, the injured worker may also have what is called a third-party claim. Keep in mind under Massachusetts law, an employer may not be sued by an employee for an accident at work that produces personal injuries. Worker’s Compensation is in place, of course, to cover the injured worker, but he or she may not sue the employer for negligence in a Massachusetts courthouse. However, if there is a third party apart from the employer that played a part in bringing about the injury, then the injured worker can pursue that third-party claim. For example, if the injured worker is a driver and during the course and scope of his employment is involved in a motor vehicle collision, he may file a third-party claim against the at-fault driver.
What that means is, the injured employee has rights to workers’ compensation benefits as well as rights to compensation against the driver who caused the accident. Or, if the injured worker slips and falls at the workplace, he or she will have a claim for workers’ compensation benefits, and if a third-party cleaning company, for example, did not properly clean the floor or caused the floor to be excessively slippery, and the injured worker slipped and fell as a result, then the injured worker may have a third-party claim to pursue.
Therefore, when personal injuries occur in the workplace, the injured worker almost always has at his or her disposal workers’ compensation rights and remedies. In circumstances where a third-party is responsible, then in addition to worker’s compensation, the injured worker can pursue a third-party claim against the responsible party. That third-party claim is always a negligence claim against the wrong-doer who caused the accident. If you or anyone you know needs the assistance of a workers’ comp lawyer in Boston for a workers’ compensation claim or a third-party claim arising from a work injury, I encourage you to contact the Earley Law Group Injury Lawyers at 617-444-7777. As well, be sure to check out our free library of books entitled The Truth Series, which are all intended to help you make the best possible legal decisions for your case.