In most serious Boston workers’ compensation cases, we have an injured worker who needs to undergo medical treatment, and will also miss considerable time away from work. These are exactly the type of cases for which the workers’ compensation system in the Commonwealth was established. However, there are also cases in which a worker is killed on the job, and these are also situations where a workers’ compensation claim may be the only appropriate remedy.
Workers’ Compensation as an Exclusive Remedy in Boston Workplace Accident Cases
The workers’ compensation system in Boston, which is codified in Section 152 of the Massachusetts General Laws (M.G.L.) is designed to be an exclusive remedy. This means if a worker is injured on the job in Boston, or elsewhere in Massachusetts, he or she must file a claim with his or her employer in order to have medical bills and the cost of rehabilitation compensation paid, and to receive any money for lost wages during the time of recovery. In terms of a permanent personal injury, there may be permanent benefits paid as well, but these are the only two types of compensation in most workers’ compensation cases. There is no recovery for pain and suffering, loss of consortium, and other types of special damages typically seen in Boston personal injury cases. Continue reading