Legal Question in Workers Comp in Massachusetts

worker comp

If i got injured at work and i am what they call a per diem worker,am i covered under workers compensation,I have been at my job 6 and a half years,and they told me i can not collect workers compensation,Is this true?


Asked on 4/13/09, 5:49 pm

2 Answers from Attorneys

Joseph Lamy Law Office of Joseph Lamy

Re: worker comp

After reading your question, two thoughts come to mind. First, you can potentially challenge your employment status. While it is true that per diem employees are not entitled to benefits, the court may be willing to reconsider your status.

Second, if you were injured because of the negligence of your employer, you can sue them directly for negligence. Workers compensation entitles employees to medical payments and wages, but in so doing removes the right of injured persons to file a lawsuit against their employer. Of course, this second point is irrelevant if you were not hurt through another's negligence.

I would need to know more about your particular circumstances to help you further. I wish you the best of luck.

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Answered on 4/13/09, 6:15 pm
David Green Law Offices of Christopher F. Earley

Re: worker comp

No, it is not true. Please feel free to contact me for a free consultation. Please be advised, I only get paid if the case settles.

Please note, in MA, you cannot sue your employer for negligence, except in rare situations, and this is not one of them. You can however, sue for workers' comp. benefits

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Answered on 4/13/09, 8:21 pm


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