Hurt at Work? Your Boss Said File Comp — But You May Have a Separate Claim Worth More

Workers' compensation isn't always the only option after an on-the-job injury — and in southeastern Massachusetts's warehouse, construction, and industrial corridors, a third-party negligence claim often recovers far more than comp ever could.

  • 12 years of plaintiff-side personal injury experience

  • Negotiation-first approach, most cases resolve before filing suit

  • No fee unless I recover for you

  • House calls, Zoom, and coffee shop meetings available

  • Personal handling on every case, you work with me, not a case manager

Workers' Comp and a Personal Injury Claim Are Not the Same Thing

Most injured workers are told to file workers' compensation and leave it at that. But workers' comp is a no-fault system — it covers lost wages and medical bills at a fixed rate, regardless of how badly you were hurt or who was responsible. If someone other than your employer caused your injury, you may have a third-party personal injury claim running alongside your comp case, and that claim can recover pain and suffering, full lost earnings, and other damages that comp doesn't touch.

 

I focus on the third-party injury side of workplace accidents. Where a comp filing is needed, I coordinate with or refer to workers' compensation attorneys so nothing falls through the cracks.

Who Causes Third-Party Workplace Injuries in This Region

Southeastern Massachusetts has one of the densest concentrations of warehouse, distribution, and light industrial employment in the state. Fall River's Amazon fulfillment center on Innovation Way, the New Bedford and Brockton industrial corridors, and construction sites across the region generate a steady volume of on-the-job injuries — many caused by parties who have nothing to do with the injured worker's employer.

 

Common third parties who may be legally responsible include:

 

  • Contractors or subcontractors on shared job sites
  • Equipment and machinery manufacturers (defective product claims)
  • Delivery drivers and trucking companies operating on or near the worksite
  • Property owners where the work is being performed
  • Staffing agencies that placed the worker in an unsafe environment
  • Negligent drivers who cause vehicle accidents during work hours

What a Third-Party Claim Can Recover That Workers' Comp Cannot

Workers' comp pays a portion of your wages and your medical bills. A third-party personal injury claim is a separate lawsuit or settlement against the negligent party — and the damages available are substantially broader.

 

A successful third-party claim can recover:

 

  • Pain and suffering (unavailable under comp)
  • Full lost wages, not the capped comp rate
  • Loss of future earning capacity
  • Medical expenses beyond what comp covers
  • Scarring, disfigurement, and permanent disability damages
  • Loss of consortium for a spouse or family member

A Third-Party Claim Is Against the Responsible Party — Not Your Employer

One of the most common concerns I hear from injured workers is the fear of making waves at work. That concern makes sense — but a third-party negligence claim is filed against the party whose negligence caused your injury, not against your employer. Your employer is generally protected from personal injury suits by the workers' comp system. The driver who hit your van, the equipment manufacturer whose machine failed, the property owner whose loading dock was unsafe — those are the parties a third-party claim targets.

 

You're not suing your boss. You're holding the right party responsible.

The Types of Workplace Injuries I Handle

Construction and Job Site Accidents

Falls from scaffolding, equipment failures, electrical hazards, and injuries caused by other trades on a shared site are among the most serious workplace injuries I see. General contractors, subcontractors, and property owners each carry their own exposure — and sorting out who is responsible is exactly the kind of analysis I do on the first call.

Warehouse and Distribution Center Injuries

Forklift accidents, falling inventory, conveyor belt malfunctions, and loading dock incidents are common in the Amazon and distribution facilities around Fall River and the broader South Coast. When the injury involves defective equipment or a third-party delivery operation, a personal injury claim may exist separate from any comp filing.

On-the-Job Vehicle Accidents

If you were driving or riding in a vehicle for work and another driver caused the crash, you have a motor vehicle personal injury claim — and potentially a workers' comp claim as well. I handle the personal injury side and coordinate the two tracks so you don't leave money on the table.

Machinery and Equipment Defects

When a piece of equipment fails because it was defectively designed or manufactured, the manufacturer or distributor may be liable under a products liability theory. These claims exist entirely outside the employer relationship and are available even if your employer had no knowledge of the defect.

Serving Injured Workers Across Southeastern Massachusetts

I represent injured workers in Fall River, New Bedford, Brockton, Taunton, Wareham, and throughout southeastern Massachusetts. I know the industrial geography of this region — the distribution centers, the construction corridors, the maritime and fishing industry worksites along the South Coast. I meet clients wherever is easiest: my Wareham office, a local coffee shop, or at your home if getting around is difficult after your injury.

Frequently Asked Questions About Workplace Injury Claims in Massachusetts

  • How long do I have to file a car accident claim in Massachusetts?

    Massachusetts has a three-year statute of limitations for personal injury claims. The clock typically starts on the date of the accident. Missing this deadline almost always bars your claim entirely, so it's worth getting a legal review early — even if you're still treating.

  • What if the other driver didn't have insurance?

    Massachusetts requires uninsured motorist coverage on all auto policies. If the at-fault driver had no insurance, your own UM coverage becomes the source of recovery. I evaluate your policy and the at-fault driver's status as part of the initial case review.

  • Does Massachusetts PIP cover me if I was a passenger or a pedestrian?

    Yes. PIP follows the vehicle, not the driver. If you were a passenger in the insured vehicle, that vehicle's PIP covers you first. Pedestrians and cyclists struck by a vehicle can access PIP through the vehicle that hit them. I can walk you through exactly which policy applies to your situation.

  • What if I was partly at fault for the accident?

    Massachusetts uses modified comparative negligence. You can still recover damages as long as you were not more than 50% at fault — but your recovery is reduced by your share of fault. If the other driver's insurer tries to assign you more fault than the evidence supports, that's something I push back on directly.

  • Is it worth hiring a lawyer for a minor fender-bender?

    It depends on whether you have injuries. If you sought medical treatment, there's a real claim to evaluate — and a free consultation costs you nothing. If you walked away with no injuries and no bills, you may not need representation. I'll tell you honestly either way.

  • How does the July 2025 insurance limit increase affect my claim?

    Starting July 1, 2025, Massachusetts minimum liability limits increased from 20/40/5 to 25/50/25 — meaning at-fault drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury coverage. For accidents occurring on or after that date, there's more minimum coverage available from at-fault drivers' policies. This doesn't change how PIP works, but it does affect what's recoverable in a third-party claim.

One Call to Know Where You Stand

Most injured workers leave money behind because they didn't know a third-party claim was available. I sort out the workers' comp versus personal injury question on the first free call — no cost, no obligation, and no pressure. If a claim is there, I'll tell you. If it isn't, I'll tell you that too.