Workers' comp and the third-party claim are different things
Under M.G.L. c. 152, § 24, workers' compensation is generally your exclusive remedy against your own employer. It is no-fault, which is its advantage — you do not have to prove anyone did anything wrong. Its limits are the problem: no compensation for pain and suffering, and wage replacement at a fraction of what you earned.
Construction sites are full of parties who are not your employer. A general contractor, a subcontractor from another trade, a property owner, an equipment manufacturer, a delivery driver — if any of them caused your injury, you can bring a full negligence claim against them alongside your comp claim.
Who the third party usually turns out to be
- A general contractor that failed to maintain safe site conditions
- A subcontractor from a different trade whose work created the hazard
- The property owner, where the hazard was theirs to control
- A manufacturer of defective equipment, scaffolding or a power tool
- A crane, hoist or lift operator employed by another company
- A vehicle or delivery driver operating on or around the site
Falls, struck-by and the rest of the Fatal Four
Falls from height remain the leading cause of construction fatalities, followed by struck-by incidents, electrocution, and caught-in or -between injuries. OSHA regulations govern fall protection, scaffolding, excavation shoring and lockout procedures. An OSHA citation does not by itself win a civil case, but the underlying investigation is valuable evidence and the standards themselves help establish what reasonable care required.
Your immigration status does not disqualify you
This matters, and it keeps people from getting help they are entitled to. Massachusetts workers' compensation and personal injury protections do not depend on immigration status. You have the right to medical treatment and to pursue a claim. We handle these cases in both English and Spanish, and conversations with us are confidential.
Frequently asked questions
I am already getting workers' comp. Can I still bring a claim?
Yes, if someone other than your employer contributed to the accident. Workers' comp is generally exclusive as to your employer, but a third-party negligence claim against a general contractor, another subcontractor, a property owner or an equipment manufacturer runs alongside it.
Why bother if comp already covers my medical bills?
Because comp pays no compensation for pain and suffering, and replaces only part of your wages. For a serious or permanent injury, the third-party claim is usually where the meaningful recovery is. Note that the comp insurer may have a lien on part of it — something we negotiate as part of the case.
Will filing a claim get me fired?
Retaliating against someone for pursuing a workers' compensation claim is unlawful in Massachusetts. If it happens, that is a separate claim of its own.
Does my immigration status affect my rights?
No. Massachusetts workers' compensation and injury protections apply regardless of immigration status. You are entitled to medical care and to pursue a claim, and what you tell us is confidential. Se habla Español.
How long do I have?
Workers' comp claims should be reported to your employer immediately. A third-party negligence claim generally follows the three-year personal injury deadline, but evidence on an active construction site changes fast, so early investigation matters.
