A death on the job leaves a family grieving and, too often, wrongly convinced that workers’ compensation is the end of the story. In many Massachusetts workplace fatalities it is not. Families frequently have a separate third-party wrongful death claim, one that can recover far more than workers’ compensation allows, and that most people never learn exists. This guide explains how these claims work.
Key takeaways
- Workers’ compensation may pay limited death benefits but generally bars a full claim against the employer.
- A separate third-party wrongful death claim against a negligent party who is not the employer can recover the full range of damages.
- Construction fatalities often involve multiple companies, and identifying every responsible party requires early investigation.
- These cases are usually brought alongside, not instead of, any workers’ compensation death benefits.
Beyond workers’ compensation
Massachusetts workers’ compensation is a trade-off: it provides certain benefits regardless of fault, but in exchange it generally prevents an injured worker’s family from suing the employer for full damages. That is where many families stop, believing nothing more is possible. What workers’ compensation does not bar is a claim against a third party, someone other than the employer, whose negligence caused the death. These third-party wrongful death claims can recover the full measure of damages Massachusetts law allows.
How workplace deaths happen
Fatal workplace incidents in Massachusetts commonly involve falls from heights, being struck by equipment or falling objects, electrocution, trench and structural collapses, crane and machinery failures, and vehicle incidents on job sites. Construction accounts for a large share of these deaths, and construction sites are exactly where third-party responsibility is most common.
Who can be held responsible (the third parties)
On a typical job site, many companies work alongside the employer. A third-party wrongful death claim may lie against a general contractor or a subcontractor whose negligence caused the death, the owner of the property, the manufacturer of defective equipment or safety gear, a maintenance company, or a negligent driver. Because responsibility is often shared among several companies, identifying each one, before the site changes and evidence disappears, is central to these cases.
How liability is proven
Proving a workplace fatality claim means showing that a responsible party failed to meet a duty of care and that the failure caused the death. Evidence includes OSHA and internal incident investigations, the equipment involved, safety records and training logs, site photographs, and witness accounts. Safety regulations often help define what proper care required. Much of this evidence is controlled by the companies involved, which is another reason prompt, independent investigation matters.
Insurance and coverage
Third-party claims are paid by the negligent party’s liability insurance, general contractors, property owners, and manufacturers typically carry substantial commercial coverage, which is often far greater than what workers’ compensation provides. Understanding which policies apply, and how the workers’ compensation lien interacts with a third-party recovery, is part of handling these cases correctly.
What the family can recover
A third-party wrongful death claim can recover the person’s lost income and support, the loss of their care and companionship, and funeral costs, along with a survival claim for what they suffered before death, and, where conduct was grossly negligent, punitive damages. This is generally in addition to workers’ compensation death benefits, subject to the compensation carrier’s lien.
Deadlines and next steps
The general three-year wrongful death deadline applies to the third-party claim, and workers’ compensation benefits have their own separate procedures and timelines. Because job sites change quickly and evidence is controlled by others, early action is especially important. Our process page explains what follows a call.
Questions families ask
We are already getting workers’ comp. Can we still bring a claim?
Often, yes. Workers’ compensation does not bar a claim against a negligent third party who is not the employer. The two typically proceed together, subject to the compensation carrier’s lien on a third-party recovery.
Who counts as a “third party”?
Anyone other than the employer whose negligence contributed to the death, a general contractor, subcontractor, property owner, equipment manufacturer, or negligent driver, among others.
How soon should we act?
Quickly. Job sites are altered and evidence is held by the companies involved, so early, independent investigation preserves the proof.
What does it cost?
Nothing to talk with us, and no fee unless we recover for your family.
Related guides
Who can file · What families can recover · Deadlines · The process · Construction site deaths
Related workplace death claims
Mesothelioma & asbestos · Workers comp & third-party claims · Electrocution deaths
Attorney at Scalli Murphy Law, P.C. Massachusetts personal injury and wrongful death practice since 1994. This overview is general information and not legal advice.