Work injuries–even serious ones–are more common than most people realize. In Massachusetts, the most recent data shows that more than 80,000 people suffered “recordable injuries” on the job in a single year. More than 43,000 of those injuries were serious enough to require time away from work, and 62 were fatal.
In most situations, an injured person can sue the person or company responsible for their injuries. So, you may be surprised to learn that you generally cannot sue your employer if you are injured at work. That’s usually true even if the employer’s negligence or the negligence of another employee caused your injury.
Why Can’t You Sue an Employer for Work Injuries?
In most states, including Massachusetts and New Hampshire, workers’ compensation is an exclusive remedy. That means an injured worker can file a workers’ compensation claim, but can’t file a lawsuit against the employer.
Why is Workers’ Compensation an Exclusive Remedy?
Workers’ compensation laws exist to help injured workers. Workers’ compensation claims typically let the worker start receiving benefits much more quickly than they could in a personal injury suit. And, you don’t have to prove that someone else was negligent in order to collect compensation.
The streamlined, no-fault system means the injured worker’s medical expenses are covered from the beginning, and that workers who lose work time due to their injuries can start receiving replacement income soon after the injury. But it’s a trade-off. The employer is protected from liability in most circumstances, and the compensation available is more limited than a person with the same injuries might receive in a personal injury lawsuit.
Workers’ Compensation Benefits v. Damages in a Personal Injury Case
Workers’ Comp Benefits
If a Massachusetts delivery driver is injured on the job, they will usually be entitled to workers’ compensation benefits. That means coverage of all reasonable injury-related medical expenses, and temporary or permanent disability benefits.
Disability payments in both states are equal to 60% of the employee’s average weekly wages. However, benefits are capped. In Massachusetts, the maximum weekly benefit is currently $1,796.72. The amount is regularly adjusted based on average earnings in the state, and is next scheduled to change on October 1, 2024. In New Hampshire, the maximum is $2,139.00/week, and will be updated on July 1, 2025.
If the injured worker isn’t totally disabled, workers’ compensation law in both states offers options. If the employer can offer light duty, a reduced schedule, or other accommodations that allow the employee to return to work while following their medical restrictions, the worker can return on a modified basis. If that means the worker earns less–for instance, if the job they’re moved into pays less or they aren’t able to work as many hours–they may still receive partial disability benefits from workers’ comp.
Typically, if the worker is permanently injured or limitations, the workers’ comp claim will eventually be resolved with a lump sum settlement. If you’ve been offered a lump sum settlement, you should speak with an experienced local workers’ compensation attorney before you make any decisions. Once you settle, you will generally be on your own for all future injury-related expenses, even if you didn’t know about them when you settled.
Personal Injury Damages
Damages in a personal injury case vary depending on the type and extent of the injuries. Damages often include medical expenses and lost income, much like workers’ compensation. But, unlike workers’ compensation:
- A personal injury claim allows the injured person to pursue 100% reimbursement for lost income instead of 60% benefits–and there’s no cap
- A personal injury claim allows the injured person to pursue compensation for injury-related non-medical costs like having to hire someone to attend to household tasks the injured person can’t do on their own due to their injuries
- A personal injury claim may include damages for “intangible” harm, such as pain and suffering and loss of quality of life
In short, though workers’ compensation benefits are somewhat easier to get and tend to move more quickly, they are also much more limited than damages in a personal injury case.
Third-Party Liability for Work Injuries
In the context of workers’ compensation “exclusive remedy” really only means exclusive remedy as to the employer. In some cases, an outsider may be responsible for a work injury, and may be liable. For example, if a delivery driver is hit by a drunk driver and injured while on the job, they will almost certainly have a workers’ compensation claim. But, they may also have a claim against the drunk driver.
You can’t double dip–for example, you can’t get 60% of your lost income from workers’ compensation and still collect 100% of your usual wages from the driver who injured you. But, a claim against a third party like the drunk driver in this example may allow the injured worker to get the missing 40% of the income they lost, along with other damages not covered by workers’ comp.
Next Steps after a Work Injury
When you’re injured at work, it’s important to report the injury to your employer right away. That should trigger a workers’ compensation claim. Unfortunately, you can’t always rely on your employer to take the necessary steps, or to have accurate information about your rights. Be sure to follow up if you don’t hear from the workers’ compensation carrier soon after you report your injury.
If your injury is serious or you believe a third party may be responsible for your injury, you’ll want to talk to a work injury lawyer right away. An experienced attorney can protect you from inadequate or premature settlement that could leave you on the hook for big expenses later. Your work injury lawyer can also negotiate your settlement for you, and assess your case for other possible sources of compensation.
You can schedule yours right now by calling 978-459-3085 or filling out the contact form on this site.