A sudden accident at the workplace can leave you damaged physically, emotionally, and financially. This is why employees who get hurt on the job often ask, “I was injured at work, who can I sue?” The answer depends on a number of factors.
Can I Sue My Employer?
A follow-up question, an injured employee will often ask is if he or she can sue an employer. The answer is, in most instances, no. This is because there is a workers’ compensation system in place in Massachusetts. The system requires that an injured employee file a claim through workers’ comp rather than sue the employer directly. Workers’ comp will generally provide financial compensation for the following damages:
- Medical expenses associated with the accident
- Wage benefits
- Vocational rehabilitation
- Other benefits
The advantage of this system is that you, or a loved one, can get financial assistance regardless of fault. In other words, it does not matter if you partly contributed to causing the accident. You can still get financial compensation for your harms and losses.
Virtually all Massachusetts companies are required to carry workers’ compensation insurance. In exchange for these benefits, the employee essentially gives up the right to sue the employer. There are, however, instances in which a worker can pursue additional damages for a job-related injury.
When the Answer to “Can I Sue My Employer?” is Yes
If there is evidence that the wrongful actions of your employer caused your harms and losses, then you could potentially pursue a separate claim against them. Under Massachusetts law, an injured employee may be able to receive double the amount of their workers’ comp benefits if he or she was hurt by the willful or serious misconduct of the employer.
An example of when the answer to “Can I sue my employer?” is yes is when an employee is injured because the employer violated OSHA regulations. In this situation, you may be entitled to additional economic damages. However, it is important to keep in mind that you would need to establish that the deliberate and grievous misconduct of the employer caused your harms and losses.
Injured at Work, Can I Sue Anyone Else?
Some injuries and illnesses at a workplace are the result of negligent or reckless actions of third parties or contractors. If the third party’s conduct was the proximate cause of your injuries, you may be able to pursue a personal injury claim against that party.
Can an Employer Sue an Employee?
It depends on the specific facts of your particular case and what occurred that could provide a basis for an employer to take legal action against an employee. To determine whether you could be the subject of a claim by your employer, speak to an attorney.
Sound Legal Advice Throughout the Workers Compensation Claim Process
Suffering a serious injury at the workplace often leaves an employee in dire financial straits and physically damaged. If you find yourself in this stressful situation, it makes sense to retain the services of an experienced and skilled workers compensation attorney. A knowledgeable workers’ comp lawyer can help ensure that your workers’ comp claim is managed effectively. To find out more about your rights after a workplace accident, contact the experienced workers’ comp attorneys at Raipher, P.C. today.