Can I File a Personal Injury Claim if I’m Injured at Work?

Workplace injuries are incredibly common. In fact, in 2017, the Bureau of Labor Statistics reported that there were approximately 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers. While workers in any industry may be at risk of an injury, those in manufacturing, construction, healthcare, logging, and trash collection are most vulnerable.

When a workplace accident happens, an employee is almost always covered under workers’ compensation insurance, which provides coverage for medical expenses and a portion of lost wages after an accident. In addition to workers’ compensation, though, the injured worker may maintain the right to file a personal injury claim for damages. Our Massachusetts personal injury lawyer at the law office of Deborah Gold-Alexander Attorney at Law can help.

Can I Sue My Employer After Being Injured at Work?

Employees who are injured at work are typically barred from filing a lawsuit against their employers for compensation (with rare exceptions). This is because, in exchange for no-fault workers’ compensation benefits, employers retain immunity from civil actions.

Third-Party Claims Are Possible

While an injured worker cannot file a lawsuit directly against their employer for damages, they may maintain the right to bring forth a third-party liability claim. This type of claim is a personal injury action that is brought against a third party (someone other than the employer) whose negligence caused or contributed to the employee’s injuries. Unlike a no-fault workers’ compensation claim, an employee who brings a claim against a third party must prove that the third party owed the employee a duty of care, breached the duty of care (i.e. acted negligently), and that the breach was the proximate cause of damages.

One benefit of bringing forth a third-party personal injury claim is that a third-party claim allows for the recovery of noneconomic damages, such as pain and suffering, as well as compensation for the full value of economic damages, like medical expenses and lost wages; a workers’ compensation claim does not allow for noneconomic recovery, and only allows for recovery for a portion of lost wages.

How Our Massachusetts Personal Injury Lawyer Can Help

Being involved in a workplace accident that leaves you with serious injuries can feel overwhelming and terrifying. When you meet with our Massachusetts personal injury lawyer, Deborah Gold-Alexander Attorney at Law, our attorney will investigate your case, identify any potentially liable third-parties, build your claim, prove the elements of a personal injury case, value your claim, and handle all paperwork and legal filings. Attorney Deborah Gold-Alexander can also negotiate your claim and help you recover your maximum compensation award possible.

Call for Your Free Consultation Today

Deborah Gold-Alexander Attorney at Law has over 30 years’ experience helping those who have been injured at work and in other accident types understand their right to compensation. If you have been harmed, call our law office today for a free consultation about your legal options and various strategies for maximizing your recovery.