Workers’ compensation is the primary remedy for most Massachusetts workplace injuries. It pays medical bills and a portion of lost wages without regard to fault, but it does not pay for pain and suffering, and in most cases you cannot sue your own employer. When someone other than your employer caused the injury, however, you may have a separate claim that can be worth substantially more.
What Is a Third-Party Claim?
Massachusetts General Laws chapter 152, section 15 preserves an injured worker’s right to sue a negligent “third party,” meaning someone other than the employer or a co-worker. You can collect workers’ compensation benefits and pursue the third-party claim at the same time.
Common Third-Party Situations
- Construction sites: a general contractor or another subcontractor creates an unsafe condition
- Motor vehicle crashes: a delivery driver or employee on the road is hit by another driver
- Defective equipment: a machine, tool or safety device fails because of a design or manufacturing defect
- Unsafe premises: a worker is injured at a property owned or controlled by someone other than the employer
What a Third-Party Claim Can Recover
Unlike workers’ compensation, a third-party claim can seek full compensation, including pain and suffering, full lost earnings and loss of earning capacity.
The Workers’ Compensation Lien
If you recover from a third party, the workers’ compensation insurer generally has a lien and is entitled to be reimbursed from the recovery for benefits it paid, subject to statutory rules. Settlements of third-party claims typically require court approval with notice to the insurer. How the lien is handled can significantly affect your net recovery, which is why the two claims should be coordinated.
Protect the Evidence Early
- Report the injury to your employer in writing.
- Note the names of every company working at the site.
- Photograph the equipment or condition that caused the injury, and do not let defective equipment be discarded.
- Get witness names and contact information.
Our workplace injury FAQ and construction injury page have more information. Call Muggeo & Associates at 978-741-1177 to discuss both your compensation claim and any third-party claim.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.