When a workplace accident in Massachusetts results in injury or the loss of a loved one, families and dependents face not only emotional turmoil but also financial uncertainty. It's crucial to explore the legal avenues available for support during this difficult time. Workers compensation and wrongful death claims are two distinct options that can provide financial relief and a sense of justice. While no amount of money can replace your loved one, understanding these options and their differences is key to securing your family's financial future and navigating the aftermath of a workplace accident.

Workers Compensation in Massachusetts

Workers compensation insurance covers employees who sustain an injury or fall ill as a direct result of their work. In Massachusetts, employers are legally required to carry workers compensation insurance to cover their employees. The system operates on a no-fault basis, which means that employees are able to receive benefits regardless of who was responsible.

Benefits of Workers Compensation

The benefits provided under workers' compensation in Massachusetts can include:

• Medical Expenses: Coverage for any appropriate medical care required as a result of the work injury.
• Disability Benefits: Compensation for lost income if the injury prevents the employee from working, either temporarily or permanently.
• Rehabilitation Services: Assistance with vocational training or other services to help the injured worker return to work.

It's important to note that workers' compensation does not provide reimbursement for pain and suffering, and it limits the ability of employees to sue their employers for negligence.

Wrongful Death Claims in Massachusetts

A wrongful death claim is a legal action that can be filed when someone's death is caused by the negligence or wrongful behavior of another party. For workplace accidents, a wrongful death claim could be considered if the employer's severe negligence or deliberate misconduct led to the death.

Elements of a Wrongful Death Claim

To succeed in a wrongful death claim in Massachusetts, the following elements must be proven:

• Duty of Care: The employer owed a duty of care to the deceased employee.
• Breach of Duty: The employer breached that duty through negligence or intentional actions.
• Causation: The employee's death was directly caused by the duty breach.
• Damages: The death resulted in quantifiable damages, such as loss of income, funeral expenses, and loss of companionship.

Differences from Workers Compensation

A wrongful death claim offers several key differences from workers' compensation, each with its own implications for families seeking justice and financial support:

• Pain and Suffering: Unlike workers compensation, a wrongful death claim allows compensation for pain and suffering endured by the family as a result of the death of a loved one.
• Loss of Companionship: Families can seek damages for the loss of the emotional support, love, and companionship the deceased provided, which is not covered under workers' compensation.
• Punitive Damages: In cases where the employer's actions were particularly reckless or intentional, wrongful death claims can include punitive damages, which aim to penalize the wrongdoer and deter future instances of similar behavior.
• Proving Fault: A major difference is the requirement to prove that the employer's negligence or wrongdoing directly caused the death. This can involve gathering evidence, witness statements, and expert testimony, making the process more complex than the no-fault workers compensation system.
• Legal Representation: A skilled lawyer who can handle the legal system and fight for their family's rights is often necessary because wrongful death lawsuits are complicated.

Going after a wrongful death claim might be tougher than getting workers compensation benefits, but it can also offer more types of compensation and make sure that the parties responsible for the wrongdoing are held accountable.

Choosing the Right Legal Path

Choosing whether to pursue workers compensation benefits or a wrongful death claim—or both—depends on the specific circumstances of the case. Here are some considerations:

• Fault: If the employer's gross negligence or intentional misconduct led to the death, a wrongful death claim might be more appropriate.
• Benefits: Workers compensation provides certain guaranteed benefits without the need to prove fault, which can be a quicker and more straightforward process.
• Legal Advice: Seeking advice from an experienced attorney with expertise in workers compensation and wrongful death matters is essential for grasping your legal rights and choices.

Conclusion

The loss of a loved one is a devastating experience. Understanding the differences between workers compensation and wrongful death claims in Massachusetts is essential for navigating the legal landscape and securing the compensation and justice that you and your family deserve. If you find yourself in such a situation, seeking the guidance of a knowledgeable attorney will help you make informed decisions and ensure that your rights are protected.

What Type of Lawyer Should I Contact?

Even if you don’t believe you have a case for a wrongful death claim, you should contact an attorney who can help you with the workers compensation death benefits process. Some employers or insurance companies may offer a lump sum settlement and will try to get you to take it early on in the process. A lawyer can take the burden off your shoulders, represent your best interest and help you get the maximum compensation for your loss.

At Brandon J. Broderick, Attorney at Law, our attorneys are experienced in both workers compensation, wrongful death and personal injury. We approach every case with compassion and empathy.

 Contact us today for a free consultation. With our proven track record of success, we can get you the justice you deserve.