Suing Over a Work Injury in Massachusetts
When Massachusetts law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: A worker who does not give the employer written notice at the time of hire (or within 30 days after the employer becomes insured) that he or she claims the right to sue is held to have waived the right to sue the employer at common law for a compensable injury; G.L. c. 152, §§24, 66
| Suing your employer | A worker who does not give the employer written notice at the time of hire (or within 30 days after the employer becomes insured) that he or she claims the right to sue is held to have waived the right to sue the employer at common law for a compensable injury; the worker's family is likewise held to have waived claims against the employer. A worker who did reserve the right may later waive it in writing. If the employer is uninsured, the worker may sue the employer and the employer loses the usual defenses. §66: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section66 Source: G.L. c. 152, §§24, 66 |
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| Suing someone other than your employer | If someone other than the insured employer is legally liable, the worker gets workers' compensation without having to choose, and either the worker or the insurer may sue the third party; the insurer may not sue until compensation has been paid and 7 months have passed since the injury. The recovery goes first to the insurer up to what it paid, and the worker keeps any excess; attorney's fees and interest are shared in proportion to amounts received. Settlements with the third party (other than during trial) need approval of the board, the reviewing board or the court after a hearing. Source: G.L. c. 152, §15 |
| If your employer has no workers' comp | The Workers' Compensation Trust Fund pays approved claims against employers who are uninsured in violation of the law, if the worker is not entitled to benefits in another state, and may then recover from the uninsured employer. A worker may also sue the employer for damages within 20 years after learning the injury was work-related, and in that suit the employer cannot defend by blaming the worker's or a co-worker's negligence, assumption of risk, or lack of employer fault. §66: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section66 |
Where to get help in Massachusetts
More Massachusetts workers' compensation
- Filing a Workers' Comp Claim in Massachusetts
- How Much Workers' Comp Pays in Massachusetts
- Workers' Comp Settlements in Massachusetts
- Retaliation for Filing Workers' Comp in Massachusetts
- Appealing a Denied Workers' Comp Claim in Massachusetts
- All Massachusetts workers' compensation rules
FAQ
Can you sue your employer for a work injury in Massachusetts?
A worker who does not give the employer written notice at the time of hire (or within 30 days after the employer becomes insured) that he or she claims the right to sue is held to have waived the right to sue the employer at common law for a compensable injury; the worker's family is likewise held to have waived claims against the employer. A worker who did reserve the right may later waive it in writing. If the employer is uninsured, the worker may sue the employer and the employer loses the usual defenses.
Can you sue a third party for a work injury in Massachusetts?
If someone other than the insured employer is legally liable, the worker gets workers' compensation without having to choose, and either the worker or the insurer may sue the third party; the insurer may not sue until compensation has been paid and 7 months have passed since the injury. The recovery goes first to the insurer up to what it paid, and the worker keeps any excess; attorney's fees and interest are shared in proportion to amounts received. Settlements with the third party (other than during trial) need approval of the board, the reviewing board or the court after a hearing.
What if my employer doesn't have workers' comp insurance in Massachusetts?
The Workers' Compensation Trust Fund pays approved claims against employers who are uninsured in violation of the law, if the worker is not entitled to benefits in another state, and may then recover from the uninsured employer. A worker may also sue the employer for damages within 20 years after learning the injury was work-related, and in that suit the employer cannot defend by blaming the worker's or a co-worker's negligence, assumption of risk, or lack of employer fault.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.