Search Site
Menu
Common Situation 6 – Employee Injured on the Job

Common Insurance Situations in Mass Auto Accidents

Common Situation 6
An employee, while on the job, is riding in a company truck and suffers serious personal injuries. The car that hits him has only the minimum coverage of $20,000. Can the employee access his employer’s large automobile insurance policy on Part 12 for UM coverage?

Answer to Common Situation 6
No. The exclusivity provision of Worker’s Compensation law does not permit the employee to pursue an underinsured motorist claim on the employer’s policy. The highest court of Massachusetts, the Supreme Judicial Court, has called the immunity from suit “the cornerstone” of the law. M.G.L. c. 152, Berger v. H.P. Hood, Inc., 416 Mass. 652 (1993). Thus, if the employee is receiving worker’s compensation benefits, he cannot recover the underinsured benefits of the employer. If the employee has his/her own auto policy, he can indeed access coverage on his/her vehicle, or if none, then on that of a resident relative. This is permitted because the benefits are not from the employer’s policy and, thus, it does not run afoul of the exclusivity limitation.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Attorney Colleen Santora, was a pleasure to work with throughout my personal injury case. She makes the process seamless for her clients and is there to answer any questions you have. She negotiated every aspect of my case and got me the settlement I...

    Read more

    Cody

  • google
    5.0/5.0

    We were very pleased with all aspects of this law firm! My husband was struck by a truck while crossing the street. We hired attorney Colleen Santora of Feinberg & Alban PC. Colleen immediately showed empathy towards my husbands condition, aside fro...

    Read more

    Cleopatra Anderson

  • google
    5.0/5.0

    Attorney Colleen Santora assisted me after a terrifying highway incident. She came to my home because I was not able to travel, and she remained compassionate, professional, and highly competent throughout my case. I would highly recommend retaining...

    Read more

    Susan Hawes

  • lawyers
    5.0/5.0

    I had a difficult liability case that Marsha Alban handled on my behalf. I was extremely happy with Attorney Alban’s communication with me throughout the claim and especiathe resolution of my claim. I highly recommend this firm as they are up for ...

    Read more

    Client

  • google
    5.0/5.0

    Alexis was a pleasure to work with. She kept me informed every step of the process and always looked out for my best interests. I would definitely recommend her.

    Read more

    Joel K

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form