Workers compensation Trust fund in Massachusetts

Submitted by Chill on Tue, 05/31/2011 - 09:06

MA Workers' Compensation Law Questions and Answers

I work for a company that appears to be going out of business soon because of the economy. After a recent injury on the job that cost me a lot in injury and hospital bills I talked about it to the secretary of the boss and she told me not to tell anyone but she didn't think the workers compensation insurance had been paid recently. Assuming that is true, do I have to make my claim against the workers compensation trust fund or can sue my employer because I think it was their fault I was injured?

When there is no workers compensation insurance

Submitted by The Editor on Tue, 05/31/2011 - 09:41.

As you apparently are aware, the Massachusetts Department of Industrial Accidents has established a Trust Fund that is intended to provide some relief in situations where a worker is injured but his company does not have workers compensation insurance. It is my understanding that workers in your situation can choose to file a claim with the trust fund or to sue their employer, or both. Before taking any action, I would discuss the matter with a personal injury attorney. She will likely have some thoughts regarding which option is best for you. Good luck, and I hope your injury is feeling better.

Hi:To be clear, you cannot

Christopher Earley

Submitted Tue, 05/31/2011 - 10:15.

Hi:

To be clear, you cannot sue your employer because of the fact that the employer did not carry, or have active workers' compensation insurance at the time of your injury. Your rights are limited to recourse against the trust fund. Thank you.

Attorney Chris Earley

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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com

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