Commercial Truck Accidents – Taking On Big Corporate

We travel the roads throughout our community to work, home and school. We pay little attention to the different types of vehicles we are sharing the roads with as we go about our business. There are mostly privately owned cars, SUV’s, pickups, and motorcycles on the roads we travel, but we also share the road with hundreds of commercial vehicles throughout the day, and with all the unseen hazards associated with these vehicles. There are dozens of construction vehicles sharing the road with us as well as tractor trailers, garbage trucks, cement trucks, and scores of smaller delivery box trucks from UPS, FedEx, Amazon, and the United Postal Service.

The roads of Massachusetts are congested with all types of vehicles, especially in and around Greater Boston. Commercial drivers are under enormous pressure to get to their destination as quickly and cheaply as possible. Their employers are under the same pressure to meet deadlines and to make a profit on their drivers’ efforts. [Read more…]

Is Your Home Safe Enough For Your Active Toddler?

Just how safe is your home for your little toddler? You’ve purchased cabinet locks, door handle protectors, socket covers, and you’ve put soft pads on the corners of the coffee table. So you’re all set, right? Maybe, maybe not. Unfortunately, there are hidden dangers with certain pieces of furniture that you may have missed.

Furniture and Television Tip-Overs
We hear on the news all too many times about a young toddler being seriously injured by a falling television, bookcase, or dresser. Thousands of children are injured and killed every year in the United States by furniture tip-overs. Children often use the drawers or the shelves of a dresser or bookcase for climbing, not realizing that their weight can topple the furniture. Following are some tips on how to protect your child, and visiting children, from the dangers of tip-over furniture.
Anchoring Furniture is Best
Take the following steps to anchor properly your furniture to avoid tip-over accidents:

  • Purchase anti-tip brackets for top-heavy furniture. Anchor all large and tall furniture with drawers and shelves to the studs in the wall.
  • Be sure to set furniture firmly on a hard surface floor so it is not wobbly or that it shifts due to cushioning in a carpet or rug.
  • Only purchase and use sturdy furniture that is made specifically to hold televisions.
  • Mount flat-screen televisions to furniture or the wall.
  • Secure TVs that cannot be mounted to the wall by anchoring them to the wall.
  • Remove toys and other objects that may tempt a child to climb the furniture.

Even if you don’t have children, aren’t expecting children or don’t anticipate any children visiting, these tips still ensure the safety of everyone in the home, including your pets.

Read more about the home safety management or check out this website. And if you’ve suffered a personal injury due to a furniture tip-over, please call our office for a free consultation and to learn your options.

RJA Gets Dismissal of Federal Civil Rights Lawsuit for Fall River Sergeant Who Came On Scene At Incident Conclusion

It could happen to you.  You respond to the scene of an incident, arriving as matters are all wrapped-up.  The bad guy is in handcuffs and secure.  You stay on scene for 5 minutes, waiting for everyone else to leave. You show-up, do nothing but be present and then you get sued in federal court two years later.  This scenario frequently plays out because you, as a responding police officer, get your name written in an arrest report as being present.  Looking at the lawsuit complaint, you read about your illegal arrest, search and excessive force.  There are no details as to your conduct, but you are lumped in with the all of the other police officers whose names were in the report.  You are dumbfounded — how could this happen?

Unfortunately, this happens all too often.  The arrestee hires an uninformed lawyer who sues everyone named in the report without looking into the facts of the case or investigating, or even asking who did what to whom.  This recently happened to a Fall River Police Sergeant who made a wise decision some years earlier to join the MPA Legal Defense Fund. The Sergeant contacted MPA LDF counsel who filed a motion to dismiss the suit with the court shortly after service of the complaint.  The well-crafted motion filed on behalf of the Sergeant compelled the federal judge to dismiss him as a defendant from the complaint.  Meanwhile, several other similarly situated police officers represented by other counsel remain in the lawsuit.  Civil rights law suits can linger for a couple of years in federal court, sometimes often longer in Superior Court. [Read more…]

Retaliation In The Workplace – Do You Have A Case?

Massachusetts Employment Law, along with federal statutes, provides relief and protection for employees who are facing an act of retaliation from coworkers and/or employers. A claim must be filed with the Equal Employment Opportunities Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD). However, it is important to make sure you have your facts straight before you make such a claim and take on your employer.

First of all, it is necessary to have a good understanding of what retaliation is and how it is viewed under Massachusetts law. Retaliation occurs when employers or other employees take measures to subject you to negative experiences related to your job because you complained about discrimination at about work or you supported another employee who complained.

Examples of retaliation include:

  • Taking available working hours away from you and giving them to someone else
  • Cutting your pay
  • Removing bonuses
  • Uncalled-for reprimands
  • Wrongful termination

Retaliation is different from harassment and requires different proof. While Massachusetts law does provide for employer accountability and protection against retaliation, it is important that you have sufficient proof to substantiate your claim. You must be able to prove:

  • That you engaged in protected activity, such as filing a complaint or participating in someone else’s complaint (supported them or acted as a witness).
  • That your employer took a negative action against you.
  • That the reason your employer acted in a negative way towards you was due to your protected activity. Often, the key here is to show that the supervisor was aware of your engaging in the protected activity before he took the adverse employment action against you.

[Read more…]

Employment Law: Know Your Disability Rights in Massachusetts

According to a recent U.S. Census, about 20 percent of Americans have a disability. Many Americans with disabilities are talented workers who are valuable additions to the workplace. However, sometimes employers and coworkers fail to recognize the value people with disabilities can bring to the workplace.

The Americans With Disabilities Act of 1990 (“ADA”) is federal legislation designed to counteract this bias and protect the rights of the disabled in the workplace. The ADA prohibits employers from discriminating against qualified individuals with disabilities or disability lawyers Birmingham will go into deal. A disability is defined broadly as any mental or physical impairment that limits at least one major life function. Further, people who have a history of having a disability or who are erroneously perceived as having a disability, such as people who have HIV, are also deemed to be disabled under the ADA.

Workers are deemed to be qualified to perform a job under the ADA, if they meet the educational and other requirements for the job and they can perform the job duties with or without reasonable accommodations. For instance, the ADA would prohibit an employer from failing to hire a visually-impaired clerical worker solely based on her disability, if she can perform her tasks adequately with a magnifying glass or other visual aid. Once hired, the ADA would prohibit the employer from other types of discrimination based on the disability, such as failing to promote the employee or paying her less than employees who are not disabled. [Read more…]

Military Service and Your Rights Regarding Your Employment

Today’s military relies more and more on reservists and those considered to be part-time soldiers. While these individuals are ready, willing and able to serve their country when called, they know that time away serving their Country means time away from their regular employment. This is why there are laws that protect those called to active duty.

Re-Employment Rights
No doubt, one of the biggest concerns to those called away is getting their job back when they return. Under the law, the employee is on an unpaid leave of absence when he or she is called to active military duty. This means that they have the right to return to their employment once they finish their active duty, as mandated by federal law. Their benefits and salary cannot be reduced below their previous levels.

Depending upon how long the reservist has been away, he or she may have to re-apply with their employer. The service member has five years to retain his re-employment rights.

If the employee has been absent for 30 days or less, he can continue his health care coverage at the same cost during the time of his service. If he serves more than 30 days, he obtains a plan through the health plan offered by the military.

The absence from work because of military service is not considered a break in employment, so a service member does not have a “waiting period” in order to be reinstated to his health care plan.

If you are called away on military service and leaving your place of employment for an extended period of time, it is best to understand your rights as member of our military. If you have any questions, contact our law office and speak with an experienced employment attorney.

4 Reasons To Call An Experienced Personal Injury Attorney After An Accident

While you are driving home from work one day, another driver side swipes your vehicle, causing you serious injury and medical expenses. Why should you contact an experienced personal injury attorney?

1) Evidence gets lost or destroyed.
As the plaintiff, you bear the evidentiary burden of proof. If you fail to present evidence of the defendant’s negligence, you will not succeed.  You ability to prove your case rests heavily on your ability to provide physical evidence.  Physical evidence can include photos, videos, witness statements, police reports, medical records, and the like. However, as time passes, the evidence may get weaker. For example, waiting too long to contact and obtain a written statement from a witness might result in difficulty locating the witness or in the witness’ memory fading.  This might make it more difficult for a jury to rule in your favor.

2) You may miss out on a chance for quick settlement.
A settlement is the most financially reasonable and time efficient way to resolve most personal injury cases.  However, insurance attorneys and adjusters are excellent negotiators and will often low-ball you, if you try to settle your claim on your own.  You need an experienced personal injury attorney to assess the strengths, weaknesses, and the monetary value of your case to ensure you receive the just compensation that you deserve. [Read more…]

Massachusetts Personal Injury Law – Do You Have A Case?

If you’ve ever been in an accident that wasn’t your fault, you’ve likely considered a personal injury lawsuit. Judging by all the attorney commercials out there, you might think it’s relatively easy to sue someone. However, there are several important factors, which can make or break a personal injury claim. Personal injury laws vary widely from state to state, and knowing the basics of Massachusetts laws will help you understand your case.

How Do I Know if I Have a Case?
Most personal injury cases rely on proving negligence to file (and win) your claim. This means that another party was, in essence, responsible for your accident. For example, if you were struck by a reckless driver, or slipped and fell on an unsanded sidewalk outside a store, your accident was likely due to another person’s negligence. Massachusetts law allows you to collect compensation, even if you were partially at fault for your accident. This is called comparative negligence. As long as you are not more than 50% at fault, you are eligible for compensation. The amount you receive is based on your percentage of fault.  So, if you were 10% at fault, you would collect the remaining 90% of the total damages amount. [Read more…]

Car Accident Expenses – Who Pays For What

You’ve been in a serious car accident along the busy roads of Worcester.  The damage to your vehicle is great, but that doesn’t measure up to the pain that goes along with your injuries. Not only is your car totaled, but you’re about to receive numerous medical bills for thousands of dollars.  Who pays for that?

•    Medical Bills
The state of Massachusetts follows the “no fault” system, which means that, when injury occurs from a car accident, your automobile insurance will pay up to $2,000 of the medical bills.  After that $2,000, either your healthcare coverage, or, if you do not have health insurance, your auto insurance through your P.I.P.(Personal Injury Protection) coverage will pay the amount appropriate to the insurance you bought.  However, P.I.P. will only cover up to $8,000, which includes the initial $2,000 of medical bills. [Read more…]

Things Construction Workers Should Know About Onsite Accidents

Construction Accidents happen for many reasons. People injured in construction accidents within the state of Massachusetts often face medical bills and related expenses that can dig deeply into their budgets and that also cause undue hardships for their families.

Dangerous conditions at work sites caused by negligence, dangerous working conditions and the unsafe practices of contractors, architects, subcontractors, product or tool manufacturers and others who fail to prioritize worker safety expose construction workers to injury. Get the best rolling tool box, to help keep all your tools in one spot.

Oftentimes, construction workers in Massachusetts are unaware of their rights as injured parties. Contractors and site owners are legally required to provide a safe work environment for people hired to work at work sites, as well as insurance for Texas contractors. Specific laws afford special legal protection for workers that find themselves working in high places, such as on ladders, scaffolding or on structural steel beams. [Read more…]