Appellate Practice Attorney serving New York, NY
In most states (I don't know specifically about MA, but I doubt it has substantially different rules), the accident you describe would be covered by workers compensation, and you would not be able to sue your employer for it. This does not mean that you are precluded from asserting a claim against any other responsible party, such as, for example, the forklift operator (unless he/she was also employed by your employer), or perhaps the forklift manufacturer (if, for example, the accident was caused by a faulty design, such as a faulty brake system) or an outside mechanic who maintains the fork lift (if the accident could have been caused by, for example, improper maintenance of the brakes).
Answered on Jun 18th, 2013 at 12:45 PM