Will I get be able to file a lawsuit of injury due to employer’s irresponsible mistake?
2 attorney answers
MA does not offer punitive damages and any lawsuit for personal injury is not the kind of thing you can do yourself just by getting some documents together. You may be able to bring a personal injury claim against your employer (talk with a lawyer to go over more details). The personal injury claim can get you compensation for all missed work, medical bills, and pain and suffering, but again NOT punitive damages. Keep in mind that in a personal injury case, both your health insurance and the workman's comp benefits will have liens on your case, meaning they have to be paid back from any win or settlement.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
I'm sorry to hear about your accident and injury. It must be difficult to need to work and support yourself, and still be dealing with ongoing concussion symptoms. First, generally, in MA, you cannot sue your employer for personal injuries you get while on the job. That is why we have a Workers Compensation system. However, if a 3rd party was responsible for maintaining the area where you were injured, you may have a claim against that party. Second, in MA, immigration status is not relevant in personal injury cases.
I suggest you reach out to an attorney who specializes Workers Compensation concerning your Workers Compensation claim, as well as an attorney who specializes in personal injury to discuss the details of where and how you were injured.