I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

Workers’ compensation is a benefit used by states to compensate employees when they are injured at work. In Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. Workers’compensation insurance covers almost all employees in Massachusetts.

You are entitled to file for workers compensation benefits, if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers must display the name and address of its Workers’ Compensation insurer and mandated policy information.

To qualify for workers’ comp benefits, you must have a work-related injury or illness causing disability for five full or partial calendar days. However, the days do not need to be consecutive. Injuries need to be reported to your employer, who is then required to file the Employer’s First Report of Injury or Fatality (Form 101) with the insurer.

In the event your employer does not send the Form to the insurer within 30 days of your injury, you need to report your injury in writing to the insurance company yourself. Keep documentation of when and how the injury occurred and all records related to the injury such as medical visits.

Employers or insurers do not dispute most injured worker claims, but, in the event your claim is disputed, having legal counsel to protect your rights and interests is highly recommended due to the complex nature of the workers’ compensation law.

How long do I have in MA to claim injury after an accident?

The Massachusetts General Laws explicitly says there is a three-year period in which to claim personal injury protection benefits after an accident. However, the law also stipulates that you make your claim “as soon as practicable after the accident occurs from which such claim arises” (G.L. Chapter 90, Section 34M)

Your insurance company is responsible by law for paying legitimate medical expenses, arising directly from the accident, regardless of fault, up to the limits of the relevant policy. It must begin payment on these reported expenses within ten days.

However, the insurer can contest the validity of your medical bills. Remember, insurance companies are trying to spend as little as possible on you, no matter how faithfully you make your payments. This is what makes it so important, aside from health reasons, to visit a doctor for treatment and documentation shortly after an accident.

The law allows your insurer to demand that an injured party “submit to physical examinations by physicians selected by the insurer.” As to how often you might have to make a trip to see any doctor hand-selected by the insurance company, the law only specifies “as often as may be reasonably required.” Should you think that the insurer’s demands are unreasonable, it may use your “noncooperation” as a reason to deny payment.

If an insurance company is not giving you your due, call us today to discuss options.

Source: Michigan Truck Accident Lawyer | Lansing Truck Accidents | The Clark Law Office

Food Related Injuries Under Massachusetts Law

Here’s a little-known fact: under Massachusetts law, if you’re injured by a bone lodged in your throat after eating a prepared dish, whether you can recover for your injuries may depend on what kind of bone it is. If it’s a bone from a chicken pot pie, then you may have a viable claim. If it’s a fish bone from a bowl of chowder, then you probably don’t.

To explain why that’s the case, in this article we examine how Massachusetts law addresses claims of physical injury resulting from ingesting food. (We exclude from this discussion foodborne illnesses, which, though they involve similar legal basic issues to those described below, also typically feature some evidentiary and causal complexities that are beyond the scope of proving injuries from chicken and haddock bones.)  [Read more…]

Massachusetts Personal Injury Claims Explained

You could be driving down I-290 during rush hour when, suddenly, a person driving a large SUV whips into your lane, causing you to rear-end him. However, there were multiple witnesses who reported to the Massachusetts State Police trooper that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a clear case of reckless driving, because, thank goodness, people were willing to share what they saw with the police. Now, you’re laid up in a nearby hospital awaiting surgery for multiple hip and leg fractures. This type of car accident is more common on Massachusetts highways than one might think.

How Much Time Do You Have to File a Lawsuit?

A car accident can be devastating, causing you and your dependents to lose your economic stability due to debilitating injuries. In Massachusetts, there is a statute of limitations that limits how long you have to file your claim. Here, as an injured victim, you will typically have three years beginning on the accident date to file a lawsuit against the at-fault party and his or her insurance company. Your lawsuit may be for economic (such as lost wages or income, medical expenses and car rental expenses) and non-economic damages (such as bodily injuries, pain, and suffering). If you’re trying to sue a government entity (i.e. a city, county, or state agency) within this state, then your statute of limitations to file a claim demand letter with the government entity is only two years, although your time to file a lawsuit is still three years. In cases where there’s a latent injury, which means you didn’t know about the permanent bodily damage caused by the accident until a later date, there may be a three-year statute of limitations beginning on the date you discovered it.  [Read more…]

Personal Injury Claims in Massachusetts – What You Need To Know

Personal injury means an injury to your body, mind or emotions, and it covers all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s medical negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or medical injury contact a personal injury & medical malpractice attorney for advice and guidance through complicated personal injury laws. Taking legal help from the Atlanta truck accident attorney can benefit you to recover a claim for personal injury and vehicle damages on your behalf so that your focus is only on health recovery. Consider the following:

Statute of Limitations

Massachusetts sets a time limit for an individual to file a personal injury lawsuit which usually begins on the date of injury.  There are a few cases where this date could shift, but nonetheless, the injured individual must keep the three-year limit in mind and seek legal advice as soon as possible. [Read more…]

What You Need To Know If Your Child Suffers an Injury Due to Negligence

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf.

It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself:

  • Did your child simply fall, or did he slip on ice or snow that property owners neglected to clear? Property owners must make reasonable efforts to ensure that snow and ice are cleared for pedestrian traffic and may be liable for not doing so.
  • Did your child get injured at the pool due to unsafe conditions? Was there a lifeguard on duty who could have prevented the accident? Was the injury due to poor maintenance in the pool area, such as damaged or uneven cement, missing drain covers or broken ladders?
  • Did your child get injured by a product or toy that could have been defective? Did parts come off easily that your child swallowed or that punctured her skin?

[Read more…]

After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know.

First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to file a lawsuit in court for damages. After this time, known as the statute of limitations, a court is likely to dismiss the lawsuit.

Second, Massachusetts law provides that car accidents are adjudicated under modified comparative fault. This means that the amount of your damages is decreased by any percentage of fault you are found to have had in the accident. For example, if a jury finds the other driver 85% at fault and you 15% at fault, then the total damage award of $10,000 gets reduced to 85% of $10,000.

Get the best claim from your Boston’s insurance agency by discussing your accident injury case with the certified Car accident attorney in Boston without any hesitation.

Third, modified comparative fault in Massachusetts also means that a plaintiff can only be awarded damages if he or she is found to be 50% or less at fault for the accident. This is quite different from many other states in the U.S., which operate under a pure comparative fault rule. That rule means that a plaintiff can be awarded whatever percentage of damages a jury has decided they are not at fault. For example, if a jury found a plaintiff 60% at fault and the other driver 40% at fault, the plaintiff would still receive 40% of any total damages under pure comparative fault. That is not the case in Massachusetts, where the plaintiff would not be entitled to any damages.

If you have been injured in car accident and would like a free case evaluation to learn your options, please call our Worcester law office and speak directly to an experienced Massachusetts personal injury attorney.

What You Need To Know To Start Your Personal Injury Case in Massachusetts

The Massachusetts Accident Data Center website reveals an array of accidents that occur in our State every day: a 8 year old boy was injured while riding his bicycle in Worcester; a pedestrian was struck by a vehicle in Shrewsbury; and a two-car wreck in Paxton left four people seriously hurt. You can’t help but wonder what YOU would do, if you — or your little boy — had been injured. It’s an upsetting time, and it gets worse when you realize that you now have another challenge: finding a personal injury lawyer who will protect your rights and fight for just compensation. After all, it’s the only way you can be sure that you receive the care you need, whether it is immediate care for a broken bone or longer-term care, such as physical therapy or other rehabilitation therapy, to help you get back to where you were before the accident.

There are so many ways that injuries occur, and you certainly will require both medical and legal guidance in determining how to proceed in recovery. Our attorneys understand not only the stress and physical burdens you will endure, but also the financial challenges that lay ahead. Serious personal injury can change your life, and you need an experienced legal team by your side. [Read more…]

Construction Site Accidents, What you need to know.

Workplace accidents happen far too often, especially on or near construction sites. The dangerous nature of the profession subjects workers to serious industry specific hazards. In Massachusetts, the construction industry is thriving, and the number of construction accidents is rising.

Statistics from the United States Department of Labor tell us that twenty percent of all workplace fatalities nationwide occur in the construction industry. In 2014, that was 899 deaths — more than two deaths per day. According to those statistics, the four most common types of construction injuries are:

  • Falls
  • Electrocutions
  • Being struck by an object
  • Being caught on, or crushed by equipment or collapsing buildings.

In addition to these “fatal four” reasons, construction workers are vulnerable to chemical exposures and to injuries sustained from faulty or poorly-maintained equipment. [Read more…]

Time Limits on Medical Malpractice Suits in Massachusetts

If you have been injured due to medical negligence and are looking to make a medical malpractice claim in Massachusetts, keep key deadlines in mind. State laws address how long a patient has to file a complaint; damage caps; and other important factors. These limitations can be difficult to keep in mind when beginning the claims process. Finding a personal injury and medical malpractice attorney in Massachusetts will help keep your claim on time while also utilizing their experience to get the best outcome possible. West Palm Beach Personal injury lawyer is a solution to the problem.

Standard Deadline is Three Years
In Massachusetts, victims have up to three years from the date of incidence to file a medical malpractice suit in a Massachusetts court. If a lawsuit is not filed in those three years, the victim may lose the right to sue for medical malpractice, unless the case falls into one of the exceptions. [Read more…]