What is the Statute of Limitations for a Work-Related Injury in Massachusetts?

Accidents can happen in the workplace at any time. it does not matter if you work in a factory, office, or construction site, accidents will happen and people may get hurt. For many injured employees, a personal injury lawsuit is necessary to get compensation for their injuries and medical expenses. However, Massachusetts law imposes a strict time limit on how long you have to file your lawsuit.

In Massachusetts, the statute of limitations on lawsuits for work-related injuries and other similar personal injury cases is three years. This rule means that a person has three years from the date of their injury to file a lawsuit. If you suffered a work-related injury and have not yet filed a personal injury lawsuit, our Boston personal injury attorneys may be able to help. If the statute of limitations has not passed, we can begin filing your lawsuit. If the deadline has unfortunately passed, we can discuss other options you might have.

Call the Law Office of John J. Sheehan at (617) 925-6407 to set up an appointment for a free legal consultation with our Workers’ Compensation lawyers today.

Statute of Limitations for Work-Related Personal Injuries in Massachusetts

A statute of limitations is a law that places a deadline on filing a lawsuit and legal actions. These statutes exist in criminal and civil law and apply to many different types of lawsuits and cases. For example, the government is restricted by statute of limitations when bringing criminal charges against a defendant. Similarly, individuals are subject to statutes of limitations when they want to file a personal lawsuit against someone else. Different cases and different claims may be subject to varying statutes of limitations. Some are shorter, while others can be very long.

However, not every work injury victim can file a lawsuit in Massachusetts. Under Mass. Gen. Laws Ch. 152 § 24, Workers’ Compensation is generally the only remedy for workers injured on the job and has completely different time restraints than those placed on lawsuits. If your work-related injury happened while you were on the clock, you will only have a certain amount of time to file a Workers’ Compensation claim. We advise starting your case as soon as possible so that we have the time to consider your legal options. If a third party other than your employer or coworker caused your accident, your right to file a lawsuit will likely be retained.

Time Limit to File a Lawsuit

In Massachusetts, the statute of limitations for bringing a personal injury lawsuit related to injuries sustained at work is three years under Ch. 260 § 2A. You have three years from the date of your injury to file your lawsuit. However, your lawsuit does not have to be completed within that time frame, as some cases have been known to last for years.

On the one hand, statutes of limitation may feel a bit unfair. If you were hurt because of someone else’s actions or negligence, should you be able to hold them accountable? While people should be allowed to settle legal disputes in a court of law, there must be limits on when cases can be filed. If there were no statutes of limitations, a person could be hit with a lawsuit decades after the fact. It would be too challenging to try a case where probably nobody remembers what even happened. For more information about the statute of limitations on your case, call our Massachusetts personal injury lawyers.

Time Limit to File a Workers’ Compensation Claim

You have slightly more time to file a claim under the Workers’ Compensation statute of limitations. According to Ch. 152 § 41, injured employees must notify their employer or file a claim on their own within four years from the date they are injured or the date they first become aware of the causal link between their injuries and their work.

Despite the time given by the law, you should report your workplace injuries to your employer immediately after the accident or after getting emergency care. If you begin suffering from a disability you think might be work-related, contact our team immediately so we can confirm it. Waiting until the back end of the limitations period to file might not prevent you from doing so, but it might make the insurance company dubious of your claims, potentially leading to a denial.

If an accident takes a worker’s life, surviving family members, like spouses and minor children, can recover their lost wages and other death benefits in a Workers’ Compensation claim. However, the law provides no additional time to file it, maintaining the same four-year deadline.

Perhaps you started a lawsuit against a negligent third party only to decide later to pursue damages through a Workers’ Compensation claim. Or, the court dismissed your lawsuit because it determined that Workers’ Compensation was your sole remedy. If an action against a third person is discontinued for any reason, the injured party must file their Workers’ Compensation claim within 60 days of the discontinuance.

Can I Always File a Lawsuit for Work-Related Injuries in Massachusetts?

As mentioned, injured workers generally must recover damages through a Workers’ Compensation claim rather than a lawsuit. If you were at work and a coworker or your employer caused an accident, or you developed a disability that was work-related, Workers’ Compensation would be your legal path to coverage. Fortunately, some exceptions can circumvent this limitation, allowing you to file a lawsuit even if you were working when injured.

Suing a Third Party

First, Workers’ Compensation’s limitations only apply to accidents caused by your employer or coworkers. It provides no restriction on lawsuits against third parties not employed by your company. If another worker, pedestrian, or anyone else not associated with your job causes your accident, you can still qualify for Workers’ Compensation benefits but will also retain your right to sue the negligent party. For instance, a delivery driver might have hit you when arriving or leaving your worksite. If so, we can file a lawsuit against them and possibly their employer.

You could also sue if you were the third party on another company’s worksite. As long as the defendant does not employ you, both legal options will typically be available.

Suing Your Employer

Second, you can also file a lawsuit against your employer in a few situations. The most common reason for suing an employer for work-related injuries is that they did not have Workers’ Compensation insurance despite being legally required to do so. Unless employees fall into a non-covered class, like federal employees, employers in the state have a legal duty to carry Workers’ Compensation coverage. If you learn that your employer does not carry insurance after getting injured, our team can prepare a lawsuit instead. The Massachusetts Department of Industrial Accidents provides an online search to confirm whether your employer possesses coverage.

In other cases, employers misclassify workers as independent contractors to get out of carrying insurance.

You can also sue your employer if they intentionally caused your accident. Workers’ Compensation limitations only apply to accidents caused by negligence, not intentional misconduct. If your employer purposefully violated a regulation or safety guideline, you can sue. For example, the general contractor on a construction site might not provide falling object protection to cut costs or not bother to train employees adequately for the job at hand. They might not have intended for anyone to get injured, but they did intend the misconduct they committed.

Extending the Deadline of the Statute of Limitations for Work-Related Injuries in Massachusetts

Statutes of limitations usually impose hard deadlines. If you can file a lawsuit, even missing it by one day will leave you out of luck. However, there are exceptions in place that toll the statute and may provide you with more time to file your case. You should consult with one of our Cambridge personal injury lawyers to determine if your statute of limitations may be tolled.

One example of an exception that would toll a statute of limitations is a disability. If you were disabled when you were injured or disabled due to your injury, your statute might be tolled. However, tolling only occurs if you are prevented from filing because of your disability. This is a somewhat narrow rule that does not apply to all disabilities. Generally, a person must be so incapacitated that they cannot possibly file a lawsuit. A person in a coma or who is mentally impaired might meet such criteria.

Your statute may also be tolled if you are unable to identify the defendant. Depending on the nature of your injuries and how your accident happened, identifying the proper defendant may be complicated. In some cases, defendants flee the area or the state because they want to avoid litigation. When a defendant evades a plaintiff to run down a statute of limitations intentionally, the statute can be tolled. For this tolling exception to apply, you must make a good faith and diligent effort to track down the proper defendant.

Reasons a statute of limitations may not be tolled include things like not knowing you were allowed to sue or changing your mind about suing a little too late. This is why it is crucial to speak with a lawyer as soon as you have been injured so that you can begin the legal process right away. Our Massachusetts personal injury lawyers can help.

When is the Best Time to Begin a Personal Injury Lawsuit for Work-Related Injuries in Massachusetts?

In many cases, the sooner you file your lawsuit, the better. Waiting to file can cause complications later on. Over time, you may lose evidence, or key witnesses may move away. However, there are certain circumstances where waiting to file may be used strategically.

If you were injured in a work-related accident, waiting to file your lawsuit could give you time to uncover the truth about your injuries. Sometimes, injuries seem relatively minor at first, but later, we realize they have long-lasting or permanent consequences. For example, maybe your work-related back injury does not appear that bad, but you might be dealing with permanent chronic back pain a year from now. Waiting to file may allow you more time to gather supporting evidence.

If you are unsure about when you should file your lawsuit, or if it might be too late, please reach out to our Malden personal injury lawyers for help. Our team can review your case and help you determine your best course of action.

Contact Our Massachusetts Work-Related Injury Attorneys for Advice

Call the Law Office of John J. Sheehan at (617) 925-6407 right away to schedule a free legal consultation with our Workers’ Compensation lawyers.