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 system of benefits used by states to compensate employees of private and government employers when they are injured at work. In the state of Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. Workers’ compensation insurance covers almost all employees in Massachusetts. To be compensable the injury must occur within the course and scope of the employment. Being injured by falling debris while leaving the constructions site, you would have a workman’s comp claim. You might also have a third party personal injury claim against whoever caused the debris to be falling, if
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Categories: Articles and Questions & Answers.

While walking my own dog, the neighbor’s bit me. How does the law protect me after a dog bite?

An aggressive dog is a menace to the neighborhood and potentially a source of legal trouble for the owner. In Massachusetts, a dog and its owner are not granted any leniency in terms of civil liability even if this is the first occasion on which the dog has bitten someone. Additionally, since Massachusetts is a “strict liability” state, even if a dog does not have a history of aggression, is restrained or an owner otherwise takes “reasonable precautions,” the owner is still at fault. Dog owners are generally responsible for “dog bite” injuries or other injuries caused or inflicted by
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Categories: Questions & Answers.

The extent of my injuries after a car accident only became clear after a few weeks. How long do I have in MA to claim injury after an accident?

The Massachusetts General Laws states that from the date of the accident there is a three year period to file a law suit in court (“statute of limitations) against the other driver and a two-year period in which to claim No Fault and Medical Payments benefits against your own insurance company. When the vehicles are both registered and insured in Massachusetts and there are personal injuries, each driver submits his or her initial claim to his or he own insurer under the MA No Fault Law. Depending on the type of health insurer you have, the No Fault Carrier is
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Categories: Articles and Questions & Answers.

Understanding Your Rights in a Car Accident: Massachusetts Personal Injury Claims Explained

You could be driving down I-95 during rush hour when suddenly a person driving a large SUV whips into your lane and causes you to rear-end him. However, there were multiple witnesses who reported to Massachusetts State Police 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, but, 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
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Categories: Articles.

Premises Liability: The Limits of a Host’s Duty of Care

Under Massachusetts’ law of premises liability, a homeowner’s duty of care to her guests includes keeping her property in reasonably safe condition. This means, among other things, guarding against conditions that could cause reasonably foreseeable injuries to guests. It might involve, for instance, taking steps to prevent foreseeable injury caused by third parties who come on the property, or warning a guest of a nonobvious danger on the property. When a guest has been injured by a property condition in Massachusetts, determining whether the host took “reasonable” steps to prevent that injury requires an examination of the totality of the
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Categories: Articles.

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
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Categories: Articles.

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 go to court for damages. After three years, based on the statute of limitations, a court will most likely refuse to hear a suit. To be safe, don’t wait. Seek legal advice promptly after an accident. Second, Massachusetts law stipulates that car accidents are adjudicated under modified comparative fault. This means that any damages the court orders are decreased
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Categories: Articles.

What to do if you are a Passenger Hurt in a Car Accident

In Massachusetts, if you have been injured in a car accident as a passenger, there are several options for how you can be compensated for your medical care and related expenses such as loss of wage. It’s important to recognize that, regardless of the severity of your injuries, you cannot recover more than the total value of your claim. In other words, you cannot “double dip” the same claim from multiple insurance policies. Using Coverage of the Vehicle You are a Passenger in or Your Own Coverage Immediately following an accident, you have the right to file a claim using
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Categories: Articles.

Three Key Things to Know about Social Security Disability

If you are disabled and unable to work, you may be eligible to receive social security disability benefits. The application process and qualification requirements is complicated, but the benefits are designed to be there as a safety net for qualified people who need them. If you are considering applying for social security disability, or if you have already applied but were denied coverage, here are three important things to know: 1. Definition of “disability”. While a disability income insurance policy provided by your employer or purchased through your insurance agent may offer coverage for short-term disabilities or partial disabilities, the
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Categories: Articles.

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