Can I sue for pain and suffering?

In most Massachusetts workers’ compensation cases, the answer is no, you cannot sue your employer for pain and suffering. Workers’ compensation is considered an exclusive remedy, meaning that in exchange for receiving no-fault benefits (weekly checks and medical coverage), you generally give up the right to file a personal injury lawsuit against your employer.

That said, there are important exceptions where you can recover pain and suffering.

First, if a third party—someone other than your employer or a co-worker—caused your injury, you may have a separate personal injury claim. For example, if you were injured in a car accident while working, or hurt by defective equipment or unsafe property conditions, you may be able to pursue a third-party lawsuit for pain and suffering, lost wages, and other damages. These claims exist in addition to your workers’ compensation case.

Second, while workers’ compensation does not provide traditional “pain and suffering” damages, Massachusetts law does allow for compensation under Section 36 for permanent loss of function, disfigurement, or scarring. This is not the same as a personal injury award, but it is a form of additional compensation that recognizes the lasting impact of your injury.

It is also important to understand that if you do pursue a third-party claim, the workers’ compensation insurer may have a lien on any recovery. This means they are entitled to reimbursement for benefits they have paid, which must be carefully handled as part of any settlement.

The bottom line: you typically cannot sue your employer for pain and suffering in a workers’ compensation case, but you may have the right to pursue those damages through a third-party claim or receive additional compensation for permanent injury under Section 36. Identifying these opportunities early can significantly impact the overall value of your case.