Typically, a worker who is hurt on the job is limited to benefits available to him or her under the Massachusetts workers’ compensation laws. However, there are a few limited circumstances under which a third party may be liable in tort for the employee’s injuries.
One of these circumstances arises when a defective product was to blame for the worker’s injuries. Additionally, in some cases, the general contractor on a construction project may also be liable for the injuries of a subcontractor’s employee.
Of course, liability is never automatic, and these defendants – like most defendants who are facing the payout of a substantial verdict due to another person’s injuries – usually fight hard against a finding that they are legally responsible.