Workplace Injuries Frequently Asked Questions (FAQs)

Who can be held responsible if I sustain an injury at work covered by workers compensation?

If your employer does not have workers compensation or if another company, or another company’s employees were negligent in contributing to your injury, you can bring a claim against that non-employer company for all your damages including both economic losses of medical bills and lost earnings, and also your non-economic damages of physical pain, mental anguish, impairment and disfigurement, with compensation potentially awarded for both past damages and damages suffered in the future.

These claims can be made against product manufacturers, landowners, homeowners, contractors and/or other subcontractors on the job if you were hurt at work. As long as they aren’t your employer, you can make a claim of negligence against these parties if you get hurt on the job. However, the majority of employers have workers compensation for their employees that cover only medical expenses and lost salary while recovering from an injury. The benefit of workers compensation is that the injured employee only has to prove that she/he suffered an injury at work and does not have to prove negligence to have their bills and lost earnings covered. The down side of this arrangement is that if your employer has workers compensation coverage, an employee cannot sue them for damages beyond those benefits and must look to negligent third parties to recover noneconomic damages.

What do I have to prove to make a claim against a company I don’t work for if I get hurt a work?

Landowners, homeowners, contractors, subcontractors who aren’t your employer can be held responsible for your injury if you prove that their negligence contributed to your workplace injury. If a landowner is aware, or should have been aware, of a dangerous condition or activity on their premises and didn’t remedy or warn of it, they can be held responsible. If a subcontractor employee fails to exercise proper care while performing their job and you get hurt because of it, their company can be held responsible. If another company is responsible to provide safety supervision and fails to do so, they can be held responsible. If a product manufacturer of a tool you were using provided an unreasonably dangerous product, they can be held strictly liable for your accident at work. In short, if there are other parties that are involved in an accident, you should seek immediate consultation with an attorney experienced in representing work injury victims.

When should I contact an attorney if I get hurt at work?

If your work injury is simply an accident, and does not involve the negligence, and your employer has workers compensation, the insurance company is required to cover your medical bills and lost earnings. If the injury is denied or not being covered, you should contact a workplace injury attorney in Great Barrington, MA immediately. If there is any question that the injury you suffered was caused by someone that is not your employer, you need to contact an experienced work injury lawyer as soon as possible. It’s likely that the company that caused your injury is busy covering their tracks. You need a lawyer immediately to protect your rights.

What damages can be brought against a third party for a work injury?

Unlike workers compensation claims, you can seek all damages recognized by law for you on the job injury against a negligent third party. These damages include physical pain, mental anguish, impairment and disfigurement in the past and future, as well as your medical care and loss of earning capacity.

Do I have to pay back insurance companies that covered my medical bills or lost wages if I recover from a third party that caused my work injury?

Workers compensation carriers, health insurance companies, and medical providers all have potential subrogation interests if you file a third party claim. This means that they can file liens on your settlement or judgment. The amount of the lien can be negotiated based on the liability facts, recovery amount and chances of succeeding at trial. You need an experienced work injury lawyer to help you negotiate those liens so that your net recovery is maximized.

Should I give a statement or cooperate with investigations by third parties?

Although you should cooperate with the work injury investigation by your employer, you must be very careful in giving any type of statement to third parties since those statements can be used against you if you later make a claim. The companies are always trying to shield themselves from liability so you need to consult your own lawyer first. We recommend you don’t speak directly to third parties. The Law Offices of Scott A. Sanes requires any such contact to come through us with written responses. This protects you from having your words spun and used against you when we make a claim later on your behalf.

Can my company fire me if I get hurt on the job or make a worker’s compensation claim?

It’s illegal for a company to fire you for filing a worker’s compensation claim if you get hurt on the job. Many times companies will look for other excuses to lay off injured workers. If you suspect they are discriminating against you for your work injury or that you were fired for filing a worker’s compensation claim, you should immediately contact an experienced work injury attorney to discuss your rights.

What law in Massachusetts applies to 3rd-party claims?

When you suffer a work injury, the first question to ask is “does my employer cover my work injury with workers compensation insurance?” Workers Compensation Insurance covers medical expenses and time off of work without having to prove any negligence. Even if you suffer an injury on the job that is your own fault, workers compensation insurance is required to cover you and all you need to prove is that you were hurt on the job and the extent of your injury. In exchange for this automatic coverage, you are not allowed to sue your employer covered by workers compensation insurance. However, even if your employer has workers compensation insurance, you can bring a claim against any other subcontractors, the general contractor, the land owner, product manufacturer or other third parties whose negligence contributed to cause your injury. That is what “3rd Party” litigation refers to. If you get hurt on the job, don’t hesitate to check with Scott to see if other parties might be viable defendants who can be held responsible for your injuries. Unlike an employer who has workers compensation coverage, these 3rd parties can be held responsible for physical pain, mental anguish, impairment and disfigurement in the past and future.