Can I file a lawsuit after receiving workers’ compensation?

If you don’t take the proper action, being injured on the job can leave you in a financial freefall. The cost of medical care alone can leave you deep in debt, and your inability to work and your resulting lost wages can make it difficult to pay for medical treatment and cover your day-to-day expenses. Fortunately, if you’ve been hurt on the job in Massachusetts, you may be able to pursue workers’ compensation benefits. The money received from this program can help alleviate your medical expenses and lost wages until you recoup to the point that you are able to return to work.

Many Massachusetts workers find themselves wondering if they are still able to file a personal injury lawsuit after being injured on the job, as workers’ compensation may not cover the full extent of their losses. Typically, an employee will not be able to sue his or her employer once workers’ compensation is awarded. However, if damages were caused by a third party, such as another driver who causes an injurious accident that leaves a delivery driver hurt, then a lawsuit may be justified against that individual.

In addition, if the injured worker believes his or her employer committed an intentional tort, it may be possible in the right circumstances to pursue a lawsuit based on those grounds. Some examples of intentional torts include assault, battery and intentional infliction of emotional distress,

to name a few.

In the aftermath of a workplace accident, you need assistance in more ways than one, and this post cannot serve as the basis for any legal action. Moreover, as you focus on your health, coping with your pain and healing, you probably don’t want to dedicate a whole lot of time to the legal system. This is where an experienced attorney can step in to provide you with the advice and guidance you need to make the decisions that are right for you.

Source: FindLaw, “Workers’ Compensation: Can I Sue My Employer Instead?” accessed on Nov. 25, 2016


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