Posts Tagged ‘Massachusetts’
What Does ‘Res Judicata’ Mean and How Can It Impact My Massachusetts Workers’ Compensation Case?
There can many traps awaiting the unwary claimant in a workers’ compensation case. Your employer, or its insurer, likely will be armed with knowledgeable attorneys who are well-versed both in the facts of the case and the law. They may recite Latin words and phrases you don’t know, or legal terms with which you are…
Read MoreWhat 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 MoreTruck Driver Wins Claim for Temporary Total Disability Benefits After Falling Out of His Truck
Achieving a successful result in your initial workers’ compensation benefits hearing is very important. If you succeed and your employer appeals, there are limited ways the employer can win. An appeal that essentially asks the Reviewing Board to reweigh the evidence very likely won’t succeed. The workers’ compensation judge is the trier of fact and…
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 MoreWinning Your Trip-and-Fall Case in Massachusetts
In many situations, there may be more than one type of legal theory that allows you to win your case and obtain a recovery of damages. For one woman who broke her hip trying to enter a Cape Cod garden store, she was able to advance her premises liability lawsuit even though she didn’t have…
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 MoreMassachusetts Appellate Court Upholds $20M Judgment in the Case of a Woman Run Down Inside a Chicopee Convenience Store
When you experience the loss of a loved one due to an accident, it is always devastating. If that accident occurred because someone else was negligent, the issues you may be facing multiply. In addition to your family issues, that negligence may create legal issues. The loss of your loved one undoubtedly did major damage…
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 MoreSuccessfully Pursuing an Out-of-State Entity as Part of Your Massachusetts Premises Liability Case
Slip-and-fall or trip-and-fall accidents are relatively common, but they also can potentially be very serious situations that cause long-lasting or even lifelong impacts upon the people hurt in them. When this harm is a result of the inappropriate action or inaction of others, the injured person may be entitled to a monetary recovery in court.…
Read More