Third Party Claim Work Injury MA: When & How to File
If you’re here researching a third party claim work injury in MA, you're probably dealing with pain, lost wages, and more questions than answers.". At Attorneys Jim and Steve Brady & Associates, P.C., we know what it’s like when your day-to-day life is suddenly changed by a work accident.
Whether you’re recovering from a serious construction injury or helping a loved one after a job site mishap, our team wants you to know we’re right here in Walpole providing the kind of straightforward, personal help you can trust.
What Is a Third Party Claim Work Injury in MA?
If you’ve suffered a work injury, your first step is usually to look at workers’ compensation. But Massachusetts law also provides another path called a third-party claim, and knowing about this can make a big difference for some injured workers.
Workers’ compensation pays benefits no matter how the accident happened, but if another person or company played a role, you may have additional legal options. For example, if a subcontractor, vendor, or equipment maker contributed to your injury, you might be entitled to sue for more damages. Through a third-party claim, you could seek compensation for things workers’ comp does not cover, such as:
Pain and suffering
The full scope of your lost wages
Punitive damages in rare cases — these depend heavily on the specific facts involved.
For an overview of how separate third-party claims work alongside Massachusetts workers’ comp, visit the official state page.
When Are You Eligible to File?
Massachusetts law allows you to pursue a third -party claim within three years of the date the injury happened. Acting quickly helps preserve key evidence, especially on construction sites where changes happen fast.
Real-World Examples:
Subcontractor Error: You are hurt because another contractor or supplier made a serious mistake.
Unsafe Premises: Someone from a different company leaves the job site unsafe, causing a slip or trip.
Defective Equipment: A tool or piece of machinery from an outside manufacturer fails.
On-Site Accidents: A delivery driver not employed by your company hits you with their vehicle.
Who Can Be Sued in a Construction Accident Lawsuit?
While your own employer is usually protected from lawsuits by workers’ compensation laws, other parties might bear legal responsibility:
Property Owners: If they failed to keep the premises safe.
Manufacturers: For faulty equipment, tools, or scaffolding.
Delivery Drivers: If they are from a different employer.
Outside Experts: Architects, engineers, or inspectors whose errors caused harm.
For more on the complex relationship between these claims and negligence, see this state resource. If you’re unsure about next steps, reach out to us at Brady Law for support and guidance backed by over 40 years of local experience.
Can You Collect Workers’ Comp and File a Lawsuit?
Yes. Massachusetts allows you to receive workers’ compensation while simultaneously bringing a third-party personal injury claim.
Workers’ Compensation: Covers medical bills and partial wage replacement regardless of fault.
Third-Party Claims: Pursues financial recovery for losses not handled by basic benefits.
Important Note: If your third party claim is successful, your employer’s insurance carrier might seek reimbursement for workers’ comp benefits already paid. This is known as a 'lien' — it can feel complicated, but we handle these details so you don't have to. Reach out today for a free case evaluation so we can provide you with clear next steps.
Steps to Take After a Construction Accident
Report the Injury: Notify your employer and get checked by a doctor immediately.
Document the Scene: Take photos, get names of witnesses, and note site conditions.
Watch Your Words: Avoid debating fault or making statements that could be used against you.
Consult an Attorney: Speak with someone experienced in both Massachusetts construction accidents and workers’ comp for a free case evaluation.
FAQ: Third Party Claim Work Injury MA
How long do I have to file?
Generally, you have three years. However, the longer you wait, the harder it will be to gather evidence and witnesses.
Can I sue my own employer?
Most of the time, no. Workers’ comp is your exclusive remedy against your employer, but third party claims target outside entities.
Does a lawsuit affect my weekly checks?
If you recover money from a third party, the workers' comp carrier usually gets a portion of that money back to reimburse what they paid you. We handle these negotiations to maximize what you keep.
Why Work with a Local, Hands-On Firm?
If you’re considering a third party claim for a work injury in Massachusetts, know that you’re not alone. At Attorneys Jim and Steve Brady & Associates, P.C., our attorneys personally manage your case. We don’t hand your file off to a case manager — we handle the details ourselves. With over 40 years of experience, we have deep knowledge of the courts and the community right here in Walpole and Norfolk County.
Contact us for your free case evaluation today. We’re ready to provide the local insight and hands-on support you need to move forward.
Disclaimer:This blog is provided for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship with Attorneys Jim and Steve Brady & Associates, P.C. or any of its attorneys. Every case is different, and the outcome of one matter does not guarantee a similar result in another. If you have been injured or believe you may have a legal claim, you should consult directly with a qualified attorney about your specific situation. Attorneys Jim and Steve Brady & Associates, P.C. expressly disclaims liability for any actions taken or not taken based on the content of this blog.