While most people know that if you get hurt at work, you will usually be covered by workers’ compensation insurance, few people know the limitations of such coverage or that the workers’ compensation insurer has an automatic or statutory lien on any proceeds the injured person recovers against a third-party. In Massachusetts, if you are …
NHTSA: Fatalities on the Rise among Bicyclists, Pedestrians, Motorcycle Riders & Large Truck Occupants
According to a new study by the National Highway Traffic Safety Administration, fatalities increased in 2011 among bicyclists (8.7%), pedestrians (3.0%), motorcycle riders (2.1%) and large truck occupants (20%). Although federal officials were encouraged by news that the overall number of people killed in motor vehicle accidents declined by 1.9%, many states, including Massachusetts, saw …
Disabling Workplace Injuries Workers Compensation, SSDI, and Third-Party Claims
When someone has a potentially disabling workplace injury, there’s a difficult labyrinth of legal issues to navigate. Most people soon learn that following a workplace injury, there is typically workers’ compensation coverage available to pay for medical bills and some percentage of lost wages. However, right from the start, things get complicated. How much are …
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Who Pays for Medical Bills in a Car Accident?
Although in Massachusetts the system is supposed to ensure that everyone has health insurance, the reality is that many people fall through the cracks. Fortunately, there is some coverage available to anyone involved in a motor vehicle accident. It is called Personal Injury Protection, or PIP, and every driver in Massachusetts is required by law …
Head Injuries and Concussions
As anyone who watches pro football, or has kids who play in youth sports knows, head injuries and concussions are becoming increasingly concerning the problem. This past year, the City of Boston started its bicycle sharing program called Hubway, which allows bike riders to pick up a bicycle from various locations throughout the city to …
Standards of Proof in Civil vs. Criminal Cases
A very difficult concept for most non-lawyers and perhaps lawyers themselves is the standard of proof between a civil claim and a criminal charge. Specifically, in a criminal case the jury or judge must find that the accused committed the alleged crime ‘beyond a reasonable doubt’. That is considered a very high standard. It is …
Updated Information Regarding the Green Line Accident
As you are well aware, on November 29, 2012, 35 people were injured when an MBTA Green Line Trolley rear-ended another at the Boylston Street station. Updated reports have indicated that the driver who caused the crash was working an overnight shift from midnight until 8:00 a.m., just three hours before his shift was starting …
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Contractor or Employee? What Claims Are Available When Injured?
As noted in previous entries, who was at fault and how severely someone is injured are not always what determines the remedies that are available to an injured worker. Frequently, the employment status of the worker will be the determinative factor. In many industries such as construction trades, designers, sales, domestic services, it is common …
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