But these benefits will only cover a portion of lost wages and medical bills. In cases of fatal injuries, they may cover funeral expenses and support for immediate and financially-dependent family. They do not account for one’s pain and suffering or other non-economic damages. In most cases, the exclusive remedy provision prevents workers from suing their employer or co-workers for additional compensation except in the most egregious of circumstances.
There may be an opportunity in some situations to explore third-party litigation, but that is something that has to be considered carefully with your Boston workers’ compensation attorney. The question of who is an “employer” and who is a “co-worker” can get murky on job sites where there may be numerous entities and individuals present. The pre-arranged agreements made prior to the work accident could determine whether there is an opportunity to pursue third-party litigation. Continue reading