The title to the above post is a good one, because when construction site workers suffer on-the-job injuries, who pays for those injuries can often be confusing, due to Massachusetts Workers Compensation laws, governed by M.G.L. Ch. 152. That’s because employees who are injured (or killed) while on the job in Massachusetts are treated differently than people who suffer bodily injuries that are not work-related. Under Massachusetts law, employees cannot sue their direct employer for negligently causing their injuries. If an employee is injured on the job, the injured worker typically files a workers compensation claim with the employer, which allows for speedier compensation payments to be made to the injured employee, but does not allow the injured employee to directly sue his employer for any injuries.
The money to pay injured workers come from workers compensation insurance policies, and the premiums for this type of insurance are paid for, under law, by the employer. Most employers in Massachusetts are required to carry “workers comp” insurance. The premiums for this type of insurance are paid for, under law, by the employer. The whole point is to provide a regulated system that efficiently compensates injured workers, while protecting employers from being sued in the courts. It’s been that way for a long time not only in Massachusetts, but in most other states, as well.