Posts Tagged ‘injury’
What It Takes to Qualify as an Employee (and Not an Independent Contractor) in a Massachusetts Workers’ Compensation Case
The Massachusetts Supreme Judicial Court recently issued an important new ruling regarding who qualifies as an employee and who is an independent contractor when it comes to workers’ compensation benefits. While court did not adopt the rule for which the injured worker advocated and the ruling ultimately was an unsuccessful outcome for this particular worker, that does…
Read MoreHow Small Details Can Make Big Differences in Your Massachusetts Workers’ Compensation Case
A famous book once advised, “Don’t sweat the small stuff.” While that advice may work well in many areas, the law is not one of those areas. In legal matters, including workers’ compensation cases, small details can make big differences in outcomes. To make sure you have all of your bases covered in your workers’…
Read MoreHow the ‘Prevailing Wage’ Law Impacts Your Claim for Workers’ Compensation in Massachusetts
For any worker who’s been hurt on the job, workers’ compensation benefits can serve as an essential aid, allowing them to meet their financial obligations while they are unable to work. This can be especially vital for manual laborers with limited academic backgrounds, as they may lack the skills to take on many types of…
Read MoreReviewing Board Upholds an Award of Temporary Total Disability Benefits for a Massachusetts Worker with Carpal Tunnel Injuries
When you find yourself in need of workers’ compensation benefits, it is important to be sure you make your best possible presentation and arguments at your hearing. It is generally much easier to defeat an employer’s appeal of your successful workers’ compensation hearing (and award of benefits) than it is to mount a successful appeal…
Read MoreA Boston Paramedic Was Still Entitled to His Workers’ Compensation Benefits Despite Being Suspended from His Job
Once you’ve successfully filed a workers’ compensation claim and obtained an award of benefits, your employer may attempt various techniques to stop paying, or avoid paying entirely, the benefits you were awarded. In one recent Supreme Judicial Court case, the employer tried to avoid paying because the benefits recipient was suspended from his job, and the law…
Read MoreWhen You Can Pursue a Massachusetts Property Owner for Injuries Caused by a Third-Party Assault
In Massachusetts, a property owner has a legal duty to those on their property to maintain it in a reasonably safe condition. While many people may associate this obligation with maintaining the property in a hazard-free condition to avoid trip-and-fall and slip-and-fall accidents, the duty actually goes beyond just that. One of the other obligations…
Read MoreOvercoming an ‘Open and Obvious’ Argument to Succeed in Your Massachusetts Trip-and-Fall Case
When you are injured in a trip-and-fall case, there are several hurdles you will necessarily have to clear. There are also some additional pitfalls that you may encounter depending on the specifics of your case. One of those potential pitfalls is the “open and obvious” rule, which says that, if a hazard is open and…
Read MoreEscaping a Defendant’s Claim of Immunity in Order to Pursue Your Massachusetts Premises Liability Case
When you are injured due to someone else’s negligence, such as in a slip-and-fall or trip-and-fall accident, you may be entitled to compensation for the amount of damages that you’ve suffered. In certain circumstances, though, your ability to recover payment for the full extent of the harm you suffered may be limited, even if you…
Read MoreWhat It Takes To Succeed in a ‘Traditional Theory’ Premises Liability Case in Massachusetts
To win a premises liability case in Massachusetts, you may have multiple options that you can use. If you seek a favorable judgment based upon the “traditional theory” of premises liability, you need proof that the hazard upon which you slipped was something of which the property owner knew or something that had existed for…
Read MoreNegligent Placement of a “Cold Joint” Can Result In Responsible Parties Being Liable for Slip and Fall Injuries
A “cold joint” or “construction joint” is formed during the process of laying concrete when the second batch of concrete is placed after the first set of concrete has begun to settle. As a result of the delay, the two batches are unable to form a completely uniform mix, resulting in a possible “plane of…
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