Pedestrians Injured in Crosswalk or Struck by Motor Vehicles As one can imagine, accidents involving a vehicle striking a pedestrian very often involve serious personal injuries that result in significant medical expenses and lengthy periods of time lost from work, as well as many cases with permanent, lasting injuries that drastically alter a person’s ability …
Should I take a PIP Deductible?
Should I take a PIP Deductible? In short ‘ NO! PIP or personal injury protection benefits are part of the limited no-fault system for motor vehicle crashes in Massachusetts. If you are injured in a motor vehicle crash, unless you die, suffer a fracture, lose a body part or significant function, or a sustain disfigurement, …
Pain and Suffering Damages Protected from Reach of Workers’ Compensation Lien
Earlier this year, the Supreme Judicial Court (SJC), the state’s highest court, issued a decision that will have far-reaching effects on settlements in cases involving injured workers in Massachusetts. In the companion cases of DiCarlo v. Suffolk Construction Co., Inc. and Martin v. Angelini Plastering, Inc., the SJC, in a unanimous decision, ruled that a …
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My Attorney and The Workers’ Compensation Insurance Carrier Entered Into An Agreement, Now The Insurer Will Not Pay
In the event you find yourself in this situation, you are not without recourse. An agreement between the parties is binding. Section 19 of the Workers’ Compensation Statute provides that any payment of compensation, written and approved by the Department of Industrial Accidents, shall for all purposes be enforceable in the same manner as an …
Personal Injury Claims Arising out of Injuries Occurring on Roadways
Early Tuesday Morning, June 29, 2016, Thomas O’Day of East Bridgewater, aged 52, was tragically killed while picking up lane marking cones on Route 93 in Medford, MA near the Roosevelt Circle exit. According to the Massachusetts State Police, the incident occurred when the worker was struck by a drunk driver. Another worker was injured …
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Elements of a Personal Injury Claim
By the second year of law school, every law student knows that in order to successfully pursue a personal injury claim based on negligence, the plaintiff must establish four elements: 1) duty of care; 2) breach of that duty of care; 3) damages; 4) a causal nexus between the breach and the damages. But what …
SSDI Benefits. Re-Application after Denial.
A 50-year-old woman who had previously applied for SSDI benefits and was denied at Hearing was successful in her re-application and awarded benefits alleging disability as of August 23, 2014, with a date last insured of September 30, 2014. Arguing that the Claimant’s age, combined with her several severe impairments rendered her unable to perform …
Medical Records and Your Workers’ Compensation Case
Medical Records and Your Workers’ Compensation Case Insufficient medical documentation is, by far, the most common reason that workers’ compensation claims are denied or delayed. This is true at all stages of a workers’ comp. case. Information Contained within Your Medical Records Affect Whether Your Claim will be Paid or Denied at all Stages of …
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