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Injured on job and workers compensation

I was injured at my construction job (in Massachusetts), pretty severly and want to sue by employer. Is it true that I cannot sue the company I work for and must go through workers compensation?

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Usually that is the case for any work related injury (arising out of the performance of your job) that causes you to seek medical treatment or to be disabled for five or more days.  The worker's compensation system in Massachusetts seeks a sort of trade-off between the injured party and the employer.  The employee does not have to prove negligence on the part of the employer and can get much needed benefits quickly.  The employer benefits because limits are placed on the amount of benefits it must pay and those benefits are covered by insurance policies purchased by the employer (unless the employer qualifies as a self-insurer).


It is very important for you to notify your employer ASAP of the injury.  If you do not, your worker's compensation benefits may be denied.  If you are not comfortable with the process, you may consider calling an attorney who has experience in worker's compensation claims.  Although your primary avenue for compensation is the worker's compensation system, employers who are severely injured may wish to contact an attorney to see if it is appropriate to sue a third party, such as the manufacturer of a piece of equipment the employee was using when he or she was injured.


If you have other questions but do not wish to contact an attorney, try contacting the Department of Industrial Accidents at 617-727-4900.  Good luck, and please tell your friends about The Forum.

As far as the law you should file for workers compensation without wasting any time if you want to take the benefits of it and i don't feel that you can sue your company for this. I will advice you too file for workers compensation and take the benefits.

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