personal injury

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 it were dropped by someone other than your employer. You are entitled to file for workers compensation benefits if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers are required to visibly display the name and address of its Workers’

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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 their dog. If you bitten by a dog and are injured, take photos of your injuries and of the dog, if possible. Seek medical treatment and report the incident to the local dog officer or the police. If you later decide to make a claim, having done so this will

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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 type of car accident is more common on Massachusetts highways than one might think. How Much Time Do You Have to File a Lawsuit? A car accident can be devastating, causing you and your dependents to lose your economic stability due to debilitating injuries. In Massachusetts, there is a statute

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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 circumstances. On one hand, the host may breach her duty by failing to take simple steps to prevent an injury that was obviously foreseeable. On the other hand, she may not breach her duty if the injury stemmed from a freak accident that would have required extraordinary foresight to anticipate

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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 to those described below, also typically feature some evidentiary and causal complexities that are beyond the scope of proving injuries from chicken and haddock bones.) Two Typical Claims: Negligence and Breach of Warranty When a person suffers an injury as a result of eating food – usually by chewing/swallowing something

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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 by any percentage of fault you are found to have in the accident, as long as you are not more at fault than the other driver. For example, if a jury deems the other driver 85% at fault and you to be 15% at fault, and the award is $10,000,

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Broken Toes As Pedestrian: $180,000.00 settlement

Our client was a 53 year old undocumented worker who overstayed her travel visa to the United States. She worked for cash as a house cleaner and had no Social Security Number. While walking through a local supermarket parking lot, our client’s right foot was run over by an auto whose driver was attempting to park her car. Injuries included fractures to three toes which required surgery to repair. Although our client was living in the United States illegally, she was entitled to bring a claim against the driver of the auto that struck her. We did so and the driver’s insurer paid the $8,000.00 maximum under the Massachusetts No-Fault law plus $180,000.00 for our client’s pain and suffering and her medical bills—all of which were waived by the hospital.

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