Can I Sue My Employer In Massachusetts For A Workers Compensation Accident?
Many times I receive this question from new clients. It is a reasonable question as one would assume you may sue your employer in Massachusetts for a workers compensation accident. Certain times you can sue your employer, but in Massachusetts, you may not for a workers compensation accident. What you may do is pursue a claim for workers compensation benefits with your employer’s insurance company. The Massachusetts workers compensation statutory framework issues many advantages to injured workers (you can recover benefits even if you are at fault; speedy judicial resolution). However, with these advantages comes the disadvantage of not being able to sue your employer.
Also, if a third-party was responsible for your injures, then a claim can be filed against that person or company. However, if you recovery compensation from a third-party, the workers compensation insurance company has the right to be paid back.