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Workplace Injuries

Swartz & Lynch LLP

Boston Attorneys Help You Pay for Your Workplace Injury?

If you think workers’ compensation will cover all your expenses for an on-the-job injury, think again

The cost of a serious injury is often much higher than you have ever imagined. It is also usually much more than workers’ compensation insurance covers. At the Boston firm of Swartz & Lynch LLP, we know, because our attorneys have helped hundreds of hardworking people in Massachusetts recover damages beyond what workers’ compensation pays.

While workers’ compensation is an important benefit offered by law to employees, it generally pays only 60 percent of wages for workers whose disability is total, but temporary, and just under 67 percent of wages for those who are totally and permanently disabled. The question is: If you have suffered a workplace injury, can you live on less than 100 percent of what you make?

You may be able to file a personal injury claim in addition to your workers’ compensation benefits

If you are like most Americans, you spend more hours on the job in an average workweek than you do sleeping — which gives you plenty of opportunities to suffer an injury at work. So, if you were injured because a coworker left a file cabinet drawer open, you walked into it and fell down, you can receive a percentage of your wages and your medical costs should be covered. However, you cannot legally sue your employer for the portion of your wages you do not receive or for pain and suffering.

If, however, your coworker did close the file cabinet drawer but because of a defect, the drawer would not latch properly and rolled open, under Massachusetts law you can file a third-party claim against the file cabinet manufacturer. A personal injury claim is designed to compensate you for a greater range of damages than workers’ compensation, including for all of your lost wages and pain and suffering, by holding the negligent party responsible for the harm he or she caused you. These lawsuits are not just for construction worker accidents, but also for any employee who suffers an on-the-job injury in which a third party is negligent, including:

  • Restaurant and hospitality workers
  • Landscape and lawn-maintenance workers
  • Retail workers
  • Office workers
  • Medical facility workers
  • Warehouse workers
  • Manufacturing and production workers
  • Commercial fishing workers
  • Harbor and marina workers
  • Airport and airline workers

A lawyer with a background in helping people who have been injured because of someone else’s careless or reckless behavior works with you and files the claim on your behalf.

Parties liable under a third-party personal injury claim may include:

  • Manufacturers of defective equipment (products liability) such as proper guarding on a machine
  • Supervisors other than those who are your employer or fellow employee
  • If you are injured in a job-related car accident, the driver of the other vehicle
  • Outside vendors, suppliers or contractors
  • In some cases, utility providers

Do you want to be fully compensated for your Massachusetts workplace injury?

If you believe that a negligent third party may have contributed to an injury or occupational illness you have suffered on the job, talk to our AV®-rated attorneys at Swartz & Lynch LLP. We can evaluate your case and discuss your options during a free initial consultation. To schedule a time to meet, please contact an injury lawyer online or call us at 857-250-0664. We take all cases on a contingency fee basis.