Do you have to sue your employer to receive workers’ comp?

| Jan 20, 2021 | Workers' Compensation

If you have experienced a work-related injury that prevents you from returning to your job, you may be able to receive payment for medical bills, lost wages and other costs by filing a workers’ compensation claim. 

With few exceptions, Massachusetts law requires that all employers carry a workers’ compensation insurance policy for their employees. This coverage protects your employer against injury-related lawsuits and entitles you to workers’ compensation benefits without going through the courts. 

This means you do not need to sue your employer to receive workers’ comp. Instead, the law entitles you to file a claim through your employer’s insurance company. 

Does it matter who was at fault?

Workers’ compensation is a no-fault system. You do not need to prove to the insurance provider that your employer was negligent to be eligible for benefits. You also do not need to prove that you yourself were not responsible for the injury. 

What types of injuries qualify for compensation?

You may be eligible for workers’ compensation benefits whether you work in education, health care or construction. From slips and falls, lifting injuries and equipment-related accidents to injuries sustained while driving for job-related purposes, if your injury forces you to take time off work, you should file a claim as soon as possible. 

What if I need legal assistance?

Unfortunately, your employer’s insurance company may deny your claim, even if the law entitles you to payment. If you are preparing to file a claim or the insurer has denied your claim, you may want to consult an employment law attorney who can work on your behalf to resolve the issue quickly.