Can I File a Lawsuit for My Injuries Even if I’m Already Receiving Workers’ Comp Benefits? In Massachusetts, if you receive workers’ compensation benefits following a work-related injury, you can’t sue your employer for additional damages. You may however be able to seek additional compensation from a negligent third party if they are partially responsible for your injuries. The Massachusetts workers’ compensation system exists to ensure workers are financially protected in case they get sick or injured on the job and protect employers from endless litigation. Most workers’ comp packages will include payments for medical care, disability benefits, and even partial paycheck replacement. However, Massachusetts workers' compensation laws do not permit an injured worker to recover for pain and suffering. So, if you’re receiving workers’ comp benefits, it is critical to know, as soon as possible, whether a third party may be partially responsible for your accident and injuries. In workplace accidents, your employer might not have been solely responsible for your injuries. If another party helped cause the circumstances under which you were injured, then you might be able to sue them while still receiving workers’ comp benefits. As an example, say you were walking down the hall, briefcase in one hand and coffee in the other, when you slipped on a wet patch in the hallway of your workplace. You didn’t catch yourself because your hands were full, and so you suffered a broken ankle and a sprained wrist. The injury happened at your workplace, so you could most likely collect workers’ comp. However, the cleaning company that wipes down the hallways may have neglected to put up a wet floor sign. In this case, the cleaning company may be a third party you could sue to cover the costs of your pain and suffering. A more common example is when someone who drives for a living (truck driver, FedEx delivery, bus driver, etc.) gets into an auto accident. In this scenario, the driver would qualify for workers' comp AND can sue the other driver if they were the cause of the crash. Even if you’re not sure a third party was involved in your injury, you owe it to yourself and those who depend on you to investigate the possibility one might exist. An experienced injury lawyer can ensure the investigation is done properly. Call or text Spada Law Group today at 617.889.5000 for a free consultation.
Is My Injury S WHATYOU SHOULD KNOWABOUT R W ith the deadline for filing taxes pushed out to May 17 this year, now may be your last opportunity to make sure you filed them correctly. If in 2020 you received compensation for an injury, you may be wondering: Is my settlement taxable? Well, the short answer is no — you do not need to claim your settlement on your tax return. Like everything in life, however, there may be exceptions.
Exception 1: If you deducted a portion of the medical expenses related to your accident injuries in your previous tax return, that portion can be taxed this year. According
to the IRS, if you “did not take an itemized deduction for medical
expenses related to the injury or sickness in prior years, the full amount is non- taxable.” You only need
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