Can an Employee Sue if He or She is Injured on the Job?

As a business owner, you know that having Massachusetts workers compensation is not an option. Since there is no way out of this coverage, it is important that you are well-educated on all terms and issues that may relate back to it. A common question that many business owners have is simple: Can an employee sue the company if he or she is injured on the job? The answer is not so simple: yes and no.

Looking back before the statutory establishment of workers compensation, business owners can see that employees who were injured on the job were only able to pursue their employer through court action. Since many employers had the money and attorneys in place, courts would usually rule in favor of the employers. However, once the workers compensation laws were enacted, the concept changed.

The new concept is simple: Employees are required to give up their right to sue their employer in exchange for guaranteed reimbursements (lost wages, medical costs, disability benefits, etc.)

However, there are exceptions. If an employee is injured by a faulty product or machine that the employer purchased from a third party, the employee is free to sue the third party. Why? No compensation will be awarded under the workers compensation system for pain and suffering!

If you are a business owner, you can see why Massachusetts workers compensation is a crucial policy. Without it, any injuries on company property would be taken to court; that is the last thing you want to be worrying about as an employer. Be sure to speak with our experts at Wolpert Insurance about our affordable workers compensation policy. We want to help you recognize the risks in your business and help you combat the worst case scenario!