Massachusetts Injury Lawyers Blog
An injured worker may discover that the company paying their wages never purchased workers’ compensation insurance. That discovery can make a claim feel hopeless, especially when several businesses participated in the job. In certain circumstances, Massachusetts law can place responsibility on an insurer higher in the contracting chain. A recent Reviewing Board decision involving a truck driver shows how that protection can operate and why a separate injury settlement does not automatically erase a benefit award. If coverage is disputed after a workplace accident, have an experienced Massachusetts workers’ compensation attorney examine every business and insurer involved.
Case Setting
Reportedly, a driver working for an uninsured subcontractor lost control of a tractor-trailer after a collision on a Massachusetts highway. The truck rolled onto its side, and the driver injured his shoulder and hand. The subcontractor’s lack of coverage brought the insurer for another company in the contracting arrangement into the workers’ compensation case under section 18 of the Massachusetts statute. The Workers’ Compensation Trust Fund and that insurer disputed liability and benefits on several grounds.
Allegedly, an administrative judge ordered the higher-tier company’s insurer to pay a closed period of temporary total incapacity benefits, followed by partial incapacity benefits and medical expenses. The driver had also brought a civil claim against the other motorist involved in the crash. That claim settled before the workers’ compensation hearing. The hearing record disclosed the settlement amount, but it did not establish how the money was allocated among the driver’s claim, a family member’s claim, legal fees, and other components.
Workers’ Compensation Obligations Under Massachusetts Law
The insurer argued on appeal that the civil settlement should have reduced its workers’ compensation obligation to avoid a double recovery. The Reviewing Board did not decide that section 15 could never apply to such a settlement. It held that this insurer had failed to raise a section 15 credit or offset as an issue before the administrative judge. A reference to the settlement in a written closing argument, offered for a different purpose, did not properly put the offset question before the judge. Because the insurer first pressed the point on appeal, it had waived it.
That distinction matters. Massachusetts law generally coordinates workers’ compensation payments and recoveries from responsible third parties. The amount available for reimbursement or an offset can depend on details of the settlement and its allocation. Here, the board had neither a properly raised defense nor a complete record of those details. It therefore affirmed the benefit order without imposing the offset the insurer requested. The board also summarily affirmed the judge’s rulings on the other issues the employer and insurer raised.
Meet with an Experienced Massachusetts Workers’ Compensation Attorney
If you need assistance navigating a workers’ compensation claim, it is wise to talk to a lawyer. Attorney James K. Meehan is an experienced Massachusetts workers’ compensation lawyer who can investigate your potential sources of coverage and coordinate related claims. Call the Law Office of James K. Meehan at 508-822-6600 or use its online contact form to review your options.