Can an Independent Contractor Sue for Being Injured on the Job?

Like many states. Massachusetts has what is known as workers’ compensation immunity. In short this means that an employee can’t sue his or her employer for injuries sustained as a result of injuries on the job, unless the employer doesn’t give workers’ compensation benefits to the injured employee.

But workers’ compensation is generally all that there is–the injured employee cannot sue the employer for negligence and collect all of the damages that are collectable in a traditional personal injury case.

There are some exceptions to that rule, but what about being an independent contractor? Can you sue your employer for negligence that caused you injuries, if you were classified only as a contractor?

Are You Actually a Contractor?

One thing to look at is whether you really ever were an employee or an independent contractor. Many employers call employees contractors, so that they can save money and avoid lawsuits that come with employee-employer relationships.

Because the employer sees you as a contractor you may not be afforded workers’ compensation benefits. Employers do this often to save money on workers’ compensation insurance.

But if you are, in fact, an employee, and not an independent contractor, you are then an employee that’s not being given workers’ compensation benefits–and then, there is no immunity, and you surely can sue your employer for negligence.

And it doesn’t matter what your employer calls you, employee or contractor. The law looks at your job and how your employer treats you and how you do your job, to see whether you’re one or the other.

Assuming you truly are an independent contractor the question becomes whether or not you were afforded workers’ compensation insurance–many contractors are not, but some may be. If you were, then your employer is immune from being sued for personal injuries sustained on the job.

Pros and Cons of Each

The good thing about that is workers’ compensation is generally “no fault,” meaning you don’t have to prove anybody did anything wrong to get benefits and you can get medical benefits relatively quickly.

But workers’ compensation does not compensate accident victims the way the personal injury system can or does; workers’ compensation does not, for example, provide any damages for pain or suffering or loss of quality of life, or other non-economic type damages.

If You Receive Workers’ Compensation, Then What?

Even if you were afforded workers’ compensation, and thus, your employer does have immunity, that doesn’t mean you have no recourse if you’re a contractor injured on the job.

You may have been injured at work, but the liable party may not actually be your employer. You may have been injured by the general public or someone who works at your job site, but who is employed by another company, or even because of a defective product.

These are all examples of third party claims, where you would have been injured on the job but you would not be suing your own employer for compensation and thus, no immunity issues would get in your way.

Injured at work? Let us help you see who is liable, and whether you can get compensation.  Call our Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 for help.

Sources:

mass.gov/info-details/independent-contractors

masslawyersweekly.com/2025/05/30/workers-compensation-immunity/