Boston Workers Compensation Lawyer Blog
If you were injured at work, you were likely told that workers’ compensation is your only remedy. Workers’ compensation does provide important benefits, but it is not always the only legal claim available — and in many cases, it is not the most valuable one.
In Massachusetts, a large number of workplace injuries are actually caused by the negligence of someone other than the employer. When that happens, injured workers may have the right to pursue a third-party personal injury claim in addition to receiving workers’ compensation benefits.
These third-party claims can dramatically increase an injured worker’s total financial recovery. Unfortunately, they are also frequently missed or never investigated, especially in high-volume workers’ compensation practices.
Understanding Third-Party Claims in Work-Related Injury Cases
A third-party claim is a civil personal injury lawsuit brought against a negligent person or company other than your employer or a co-worker.
Workers’ compensation is a no-fault system. You do not need to prove negligence, but in exchange, the law strictly limits what you can recover. A third-party claim exists when another party’s negligence played a role in causing your injury.
Common third parties include:
- Property owners
- General contractors or subcontractors
- Motor vehicle drivers
- Equipment manufacturers
- Maintenance or service companies
When a third-party claim exists, workers’ compensation should be viewed as the starting point, not the finish line.
Workers’ Compensation vs. Third-Party Claims: A Critical Comparison
Understanding the difference between these two claims is essential to understanding why third-party cases matter.
Workers’ Compensation Benefits Typically Include:
- Weekly disability payments (a percentage of your average weekly wage)
- Medical treatment related to the injury
- Limited permanent impairment or loss-of-function benefits
What Workers’ Compensation Does Not Pay:
- Pain and suffering
- Full wage loss
- Future loss of earning capacity
- Emotional distress
- Loss of enjoyment of life
Third-Party Personal Injury Claims May Recover:
- Pain and suffering damages
- Full past and future lost wages
- Loss of earning capacity
- Emotional distress
- Permanent disability damages
- Loss of enjoyment of life
In serious injury cases, the value of a third-party claim often exceeds workers’ compensation benefits many times over.
Common Workplace Accidents That Involve Third-Party Liability
Many injured workers are surprised to learn how often third-party claims arise. Some of the most common scenarios include:
Construction and Trade Injuries
Construction sites often involve multiple companies working at the same location. Third-party claims frequently arise when:
- A worker is injured by another contractor’s negligence
- Scaffolding, ladders, or lifts are improperly assembled or maintained
- Jobsite hazards are created by a different company
- Equipment is supplied by a third party
Motor Vehicle Accidents While Working
Work-related driving is one of the most common sources of third-party claims, including:
- Delivery drivers struck by negligent motorists
- Employees injured while driving between job sites
- Utility or roadside workers hit by passing vehicles
- Employees injured in company vehicles due to another driver’s fault
Third-party premises claims arise when the employer does not own or control the location, such as:
- Home health aides injured at a client’s residence
- Technicians injured at commercial properties
- Slip and fall injuries in parking lots, stairwells, or common areas
- Unsafe conditions that the employer did not create or control
Defective Products and Equipment
Product liability claims arise when injuries are caused by:
- Machinery missing required safety guards
- Defective tools or industrial equipment
- Malfunctioning safety devices
- Poorly designed or manufactured products
Why Third-Party Claims Are Frequently Overlooked
Despite their importance, third-party claims are often missed. The most common reason is volume-based representation.
In many workers’ compensation practices:
- The focus is limited to benefit entitlement
- Accident investigations are minimal
- Jobsite control and equipment ownership are not analyzed
- Evidence preservation is delayed or ignored
- No one asks whether a lawsuit could exist
Third-party claims require time, investigation, and legal judgment. They are incompatible with a high-volume, assembly-line approach to legal representation.
Our Firm’s Philosophy: Small Caseload, Maximum Attention
Our firm intentionally maintains a small caseload. This is a deliberate choice designed to improve outcomes for our clients.
When we review a work-related injury, we do more than determine whether it is compensable under workers’ compensation. We conduct a comprehensive analysis, asking:
- Who owned or controlled the location?
- Who supplied, installed, or maintained the equipment?
- Were other contractors or companies involved?
- Was a negligent driver responsible?
- Could a defective product be a contributing cause?
Because we limit the number of cases we accept:
- Potential third-party claims are not overlooked
- Evidence is preserved early
- Experts are consulted when appropriate
- Workers’ compensation and personal injury strategies are coordinated
This approach frequently results in substantially higher total recoveries for injured workers.
Why Timing Is Especially Important in Third-Party Work Injury Cases
Third-party claims are time-sensitive. Evidence can disappear quickly, including:
- Surveillance video
- Vehicle data
- Maintenance and inspection records
- Incident reports
- Damaged equipment
Delays can permanently weaken an otherwise strong case. Early legal involvement allows evidence to be preserved and claims to be positioned properly from the start.
Can You Collect Workers’ Compensation and File a Lawsuit at the Same Time?
Yes. Massachusetts law allows injured workers to receive workers’ compensation benefits while pursuing a third-party personal injury claim, when applicable.
When handled correctly:
- Workers’ compensation benefits continue
- A third-party lawsuit seeks full damages
- Any potential lien issues are addressed strategically
- The injured worker’s net recovery is maximized
Poor coordination, however, can reduce the injured worker’s recovery — another reason careful handling matters.
Frequently Asked Questions About Third-Party Work Injury Claims
Does filing a lawsuit affect my workers’ compensation benefits?
No. Workers’ compensation benefits typically continue while a third-party claim is pending.
What if my employer says I can’t sue?
Employers often misunderstand or oversimplify the law. The key question is who caused the injury, not where it happened. Your employer may also financially benefits from a third-party lawsuit because once their workers’ compensation insurer asserts their lien rights, your employer’s worker’s compensation premiums will be readjusted accordingly.
How do I know if a third-party claim exists?
If your injury involved another company, a vehicle, unsafe property, or equipment you did not own, a legal review is warranted.
What if I already accepted workers’ compensation benefits?
Accepting workers’ compensation does not prevent you from pursuing a third-party claim.
Is there a deadline to file a third-party lawsuit?
Yes. Strict statutes of limitation apply. Waiting too long can permanently bar a claim.
Before You Assume Workers’ Compensation Is Your Only Remedy
If your work-related injury involved:
- A construction site
- A motor vehicle
- Multiple companies
- Unsafe premises
- Defective tools or machinery
…you may be entitled to significantly more compensation than workers’ compensation alone provides.
Because we maintain a deliberately small caseload, we have the time and resources to identify third-party claims that others miss — and to pursue them aggressively.
Schedule a Consultation
Before accepting that workers’ compensation is your only recovery, speak with an attorney who will carefully evaluate every potential claim.
A timely review can make a meaningful difference in your financial future.
📞 Contact our office today at 617-426-9797 to schedule a consultation regarding your work-related injury and potential third-party claim, or complete our online inquiry form.
