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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 …

Pain and Suffering Damages Protected from Reach of Workers’ Compensation LienRead More

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 …

My Attorney and The Workers’ Compensation Insurance Carrier Entered Into An Agreement, Now The Insurer Will Not PayRead More

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 …

Personal Injury Claims Arising out of Injuries Occurring on RoadwaysRead More

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 …

Elements of a Personal Injury ClaimRead More

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 …

SSDI Benefits. Re-Application after Denial.Read More

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 …

Medical Records and Your Workers’ Compensation CaseRead More

Under current Massachusetts law, drivers may carry as little as $20,000 in liability insurance. This can compound upon the otherwise unspeakable tragedy of losing a loved one to a fatal motor vehicle accident with economic hardship. In the event of an automobile accident resulting in death caused by negligence, most of the liability insurance would …

Protecting Families of Victims Killed by Motor Vehicle NegligenceRead More

If you are injured at your job and unable to continue working, your employer’s workers’ compensation insurance carrier can pay you weekly benefit checks and pay for your medical treatment for 180 days without actually accepting liability for your injury. This means that at any point during the 180 days, the insurer can stop paying …

Forms 105, 106, and 108 & What They Mean for Your Workers’ Comp BenefitsRead More