Questions & Answers — Worcester Attorneys

Was on a motorcycle, involved in accident with an auto. Who covers my medical bills?

Additional Information:

I was a passenger on my brother’s motorcycle and we got into an accident on Rte 290 near Shrewsbury. The driver of the car was at fault and was issued a citation. I had to go to the emergency room after the accident and I still have back and neck pain and am in physical therapy. Is insurance coverage the same for a motorcyclists? Who will pay my medical expenses and what legal steps do I now take?

ATTORNEY ANSWER:

You are unfortunate in that motorcycle insurance in Massachusetts usually does not include a Personal Injury Protection (PIP) component that would pay your medical bills as it does for autos unless your brother specifically added it to his policy. Therefore, you (or your health insurance carrier) must pay your medical expenses. On the plus side, you do not have to wait to see if your medical expenses will exceed the statutory threshold for filing a lawsuit against the driver for the personal injury damages you received in the accident, such as your medical bills and any conscious pain and suffering. The claims adjusters for each of the insurance companies are in essence adversarial now because their payments to you will be based upon the liability of their insureds rather than upon the no-fault insurance provisions. The next step you should take is to hire an attorney to represent you and to protect your rights in connection with the accident and your claim against the drivers of the car and the motorcycle. [Read more...]

I have a question regarding custody in a pending divorce.

Additional Information:

My estranged husband is currently incarcerated in the Worcester county jail and sent me divorce papers. His mother has “temporary custody” of our children. There currently are no court dates about custody, but I do expect to take her to court for custody in the near future. The divorce papers state “there is no litigation pending concerning custody of minor children”. Would it be safe to sign these papers, or could that jeopardize me going to court for custody in the future? Or does it just mean there is no litigation presently? I really want to finalize our divorce, please advise. Thank you.

ATTORNEY ANSWER:

I would need additional information to provide a thorough answer to your question. You indicated that his mother has temporary custody, but I am unclear if it is through a court order or an agreement reached outside of court proceedings. If there is no court order in place regarding the custody of the children then you should address the issue as part of your divorce proceedings. As it is now, the longer his mother has custody of the children the more difficult it could be to regain custody. The court always looks to what is in the best interest of a child and disrupting a child’s routine is not something the courts like to do. If you choose to allow his mother to retain custody, I can see several issues in the future regarding you regaining custody of your children. I would advise that you seek the services of an attorney in your area before signing anything, because it appears that the custody issues need to be addressed as part of the divorce proceedings. [Read more...]

I fell and injured my knee at a local Shrewsbury diner.

Additional Information:

There was loose carpeting and several other guests tripped over the carpet before me. Other diners and servers were witnesses. I’ve since had knee surgery and continue with medical treatment and therapy. Do I have a personal injury case against the restaurant and can I sue for damages as I will probably have permanent pain in my knee?

ANSWER:

Whether you can recover for the injuries that you suffered in your fall is going to depend more upon facts other than the loose carpeting alone. The fact that other guests tripped on the carpeting suggests that the condition existed long enough that the owner was or should have been aware of the dangerous carpeting and that he/she failed to correct it, which would permit your recovery. On the other hand, your awareness of the other guests tripping on the carpeting also suggests that you were aware of the defect but failed to use due care in traversing it, which may excuse the owner’s failure to remedy the condition because you assumed the risk and then failed to use due care in crossing the carpet. Such slip/trip-and-fall cases are very fact-specific and often turn on nuances regarding what you knew or saw before you fell or whether there were other available passageways that were safer. Gathering information from the witnesses about the defective condition, the timing of the earlier incidents, and any notice to the owner regarding the prior incidents would be important to evaluate your probability of success. [Read more...]

My husband was involved in an auto accident in the Worcester area.

Additional Information:

We are being sued for more than we have on our insurance policy. I’m worried we will lose everything, our home and everything we have saved. Can we protect our home and our assets in a personal injury lawsuit?

ANSWER:

While it is obviously too late to increase the limits on your insurance policy to protect against this accident, it is not too late to increase them to protect against the next accident. There may be other tools available to protect some or all of your assets. The easiest and the cheapest to utilize is the homestead exemption on your principal residence under G.L. c. 188. By recording a declaration of homestead in the appropriate registry of deeds you can receive the declared homestead exemption of up to $750,000, if the residence is owned jointly or as tenants by the entirety. Other available tools are more costly and require that you consult with an attorney to plan for that protection and to draft any needed documents or instruments. The number and kinds of other assets you own will dictate which tools, if any, are right for you. [Read more...]

A large nonprofit organization in Shrewsbury, MA has breached the contract.

Additional Information:

I’ve raised money for a large nonprofit organization in Shrewsbury, MA. The organization is owned by a private person. Now she has breached our contract and refuses to pay my commissions. We have a written contract and witnesses as well. What should I do?

ATTORNEY ANSWER:

Inasmuch as commissions are considered wages under the Massachusetts Wage Act, you should file a complaint with the Office of the Attorney General, Fair Labor Division, in order to preserve your right to sue the employer or its President or Treasurer under the Wage Act for treble damages plus attorney’s fees and costs. The Fair Labor Division has posted its complaint form on its web page at this link: http://www.mass.gov

Simply print out the form, fill it in and mail to the Fair Labor Division at the address on the web page. You may not file your unpaid wage claim in court until at least 90 days after your filing of your unpaid wage complaint with the Fair Labor Division so that it has time to investigate your claim. In the alternative, you could sue the nonprofit organization immediately for the breach of contract, but you would not be able to recover multiple damages, attorney’s fees and costs unless that is specified in your contract.
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In the state of Massachusetts, can I be fired after giving my notice?

Additional Information:

I have been at my job here in Worcester for 4 years and am moving to Florida in a few months to work for a competitor company. I’d like to give a substantial notice so they can hire someone else and I can help get the new person trained but I’m afraid they will fire me and then I’ll be without a job until I move. Is it legal for them to fire me after I give notice?

ATTORNEY ANSWER:

Unless you have an employment contract or collective bargaining agreement that would establish your right to continue your employment during the notice period, the employer may terminate your employment after you give your notice, if it wishes. This is an employment-at-will state, which means that either party to the employment relationship may end it at any time for any reason that is not illegal.

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In the state of MA, can an employer take an unauthorized deduction from an employee’s paycheck?

Additional Information:

Is it legal for an employer to take an unauthorized deduction from an employee’s paycheck for damage done to company property?

ATTORNEY ANSWER:

No, an employer may not take any deduction for such damage, even if ostensibly authorized by the employee under the employer’s policies, unless there has been a court determination that the employee is responsible to the employer for the damage because the deduction violates the “special contract” provision of the Massachusetts Wage Act.

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In Massachusetts, can severance payments be terminated?

Additional Information:

Can my former employer terminate severance payments (salary continuation) if I gain employment prior to the severance term expiring?

ATTORNEY ANSWER:

There is no obligation in Massachusetts for employers to pay severance in most instances. The employer may unilaterally set the terms upon which it will pay severance, or the employer and employee may agree to the terms of the severance as part of a separation agreement. Unless the termination of the severance payments is in breach of the terms agreed upon by the parties, the employer may cease such payments upon the employee’s gaining subsequent employment.

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Are written employment offers legally binding in Massachusetts?

Additional Information:

In my original employment offer letter, I was offered travel reimbursement as part of my compensation. I have submitted my travel expenses but my employer hasn’t reimbursed me. Are employers in Massachusetts legally required to pay vehicle expenses that were offered in a written employment offer?

ATTORNEY ANSWER:

The employment offer and your acceptance of it form a contract binding upon the employer and the employee. An employer’s failure to pay an employee’s travel expenses in accordance with this contract is a breach of the employment contract, assuming that the employee has submitted the documentation required by the contract. The employee could therefore bring a breach of contract action in court to obtain the unpaid reimbursements.

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Can a MA employer deny employment for misdemeanors from 7 years ago?

ATTORNEY ANSWER:

Generally, an employer may not request information from a job applicant concerning any misdemeanor convictions older than five years. That does not mean that the prospective employer may not acquire the information from another source. Some employers, such as criminal justice agencies, armed forces, and many social services agencies or providers are authorized to obtain criminal record information about a job applicant. Once it has legitimately acquired the information concerning the conviction, the prospective employer may rely upon it to deny employment, if it bears on your qualifications for the job.

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