Did you know that you may be entitled to compensation for pain and suffering in addition to workers’ compensation if your work accident was caused by the negligence of a third-party?

In the context of Massachusetts workers comp law, a third-party is, essentially, a person or company that is not part of your employer’s company. Unlike workers comp benefits, which are very limited in nature, compensation from a third-party claim includes payment for pain and suffering caused by your injury.

For instance:

• If you were injured while working at a construction site, your injury may have been caused by the negligence of a third-party such as the general contractor or a subcontractor. In such a case, you may have a potential third-party claim in addition to a claim for workers comp benefits.
• If you were injured in a car accident while working, you may have a potential third-party claim against the negligent driver or owner of the car that caused the accident in addition to a claim for workers comp benefits.
• If you were injured due to a defective condition (example: defective steps or stairway) while working on someone else’s property, you may have a potential third-party claim against the negligent property owner in addition to a claim for workers comp benefits.

In order to protect ALL YOUR POTENTIAL LEGAL RIGHTS after a work accident, you should consult a lawyer experienced in Massachusetts workers comp law as soon as possible. You owe it to yourself and your family.

Copyright © 2009 John J. Sheehan

After a disabling work accident, it is not uncommon that the employer tells the employee that there is no work until the employee has a full work release from his/her treating doctor.

What do you do?  Not knowing that they may be entitled to workers’ comp, some injured workers instinctively sign up for unemployment even though they are injured and, sometimes, may require surgery.  That’s a mistake if the worker is not physically able to work due to a work injury.

By filing a claim for unemployment, the injured worker represents that he/she is able to engage in gainful employment which often is contrary to the facts.  Many injured workers hide their injury in order to get unemployment out of fear and desperation.

If the worker is injured and disabled from work pursuant to a treating doctor or medical provider, it is a mistake to file a claim for unemployment.  The injured worker should file a claim for workers’ compensation benefits.  The problem is that the injured worker may not know the identity of the workers’ compensation insurer, especially if the employer never reported the accident.  Left to his/her own devices, the injured worker is frequently stuck and helpless to pursue his/her legal rights.

Yet another reason why you need to contact a workers’ comp lawyer as soon as possible after a disabling work accident.

Copyright © 2009 John J. Sheehan