Articles Tagged with Boston attorney

Published on:

After an Employee is injured on the job, their day to day lives are often thrown into a tailspin. As if being injured and unable to work isn’t stressful enough, most employees are left with the burden of figuring out their finances, attending doctor’s appointments, and being buried in paperwork. Often times, employees rely on and trust their adjusters to help them get through this tough period; unfortunately, adjusters and insurance companies are usually more interested in protecting their own interests. During this difficult time, most employees will receive a Form 105, “Agreement to Extend Payment Without Prejudice Period” in the mail. This form will also be accompanied with a letter that indicates that the employee has been “approved” or “could be paid for up to a year” if they sign the form. This letter is meant to mislead the employee and make them feel as if the form is in the employee’s best interest. It’s not.

Signing the Agreement to Extend 180 Day Payment Without Prejudice Period form can have an extremely negative impact on an employee’s claim. At first glance, the form seems harmless and possibly beneficial to the employee; however, by signing this form, the employee is giving up his or her legal rights — and it may allow the insurer to legally terminate benefits. It may also put the employee in a position where they could go months without benefits while waiting for a court date.

In every case, during the first 180 days from the first date of disability, the insurer is allowed to stop payments to the employee without obtaining approval of the Department of Industrial Accidents or the consent of the employee. The insurer is required to give the employee seven days written notice of the termination benefits.

Published on:

Have you been injured at work? Do you believe that your Employer may be at fault for your work injury? Pursuant to M.G.L. c. 152, § 28, if an employee is injured by reason of the serious and willful misconduct of an employer, or of any person regularly entrusted with and exercising the powers of superintendence the amounts of compensation provided shall be doubled. You may be entitled to double your Workers’ Compensation benefits if your employer or supervisor was at fault for your injury.

In Massachusetts, serious and willful misconduct involves conduct of a quasi criminal nature, the intentional doing of something either with the knowledge that it is likely to result in serious injury or with a wanton and reckless disregard of its probable consequences¹” An employer must intentionally do the act, but he also must have reason to know that his actions create an unreasonable risk of bodily harm.

Section 28 generally arises when an Employer or supervisor fails to comply with State mandated, or Federally mandated safety regulations, or when the Employer is aware of a serious risk of injury on the job and fails to take the appropriate measures to correct it, and/or warn of it. For example, in one case, the Massachusetts court found serious and willful misconduct consisted of a crew foreman ordering the employees into a trench without proper shoring precautions, contrary to the instructions of the general foreman, despite the observable conditions at the job site, the readily available shoring material, and the employee’s warnings and requests for shoring². When an Employer knows of potential dangers on a job site, and fails to warn of them or correct them, then the Employer can be held responsible for an Employee’s injury as a result of those conditions under Section 28.

Published on:

Dole recently announced that a number of its bagged spinach products are being recalled due to salmonella poisoning. According to the US Food and Drug Administration, the spinach tested positive for salmonella in random tests performed by the Michigan Department of Agriculture and Rural Development. You can read more about the recall this CNN article and this Boston.com article.

Of particular note, this recall affects spinach that was sold in a number of states in the Northeast, including Massachusetts, Connecticut, and New York. The bags affected will have a code of A27409B and A27409A. Additionally, the UPC code on affected bags reads 7143000976. Please go through your vegetable drawer in your refrigerator and check any bags that you may have for those codes. If you do have affected bag, you can either return it to your supermarket or throw the bag away. Most importantly, do not eat the spinach. If you already have eaten the spinach, seek medical care immediately.

Symptoms of salmonella poisoning include stomach pains, nausea, and gastrointestinal problems. Salmonella poisoning can be a serious threat, causing severe discomfort for 4-8 days in healthy adults who seek treatment quickly. However, the elderly and small children are at a greater risk of severe symptoms. 380 people on average die from salmonella in the US every year.

Published on:

On June 12, 2015, An MBTA bus struck a car in a Revere parking lot, causing significant damage to the car and injuries to the driver and a bystander.  On Monday, September 21, 2015, an MBTA red line train hit and killed a middle aged man at JFK station.  The man was pronounced dead at the scene of the incident. On October 1, 2015 Wellesley Police and the MBTA Transit Police responded to an incident involving an elderly woman struck by a train between the Wellesley Square and Wellesley Hills commuter rail stops. Non-life threatening injuries were reported.

If you live in or around Boston, you are familiar with the Massachusetts Bay Transportation Authority, also known as the MBTA or simply the “T”.  The MBTA is one of the many government agencies overseen by the Massachusetts Department of Transportation.  In January 2015, Governor Charlie Baker appointed Stephanie Pollack Massachusetts Department of Transportation Secretary and Chief Executive Officer to address issues involving finances and customer service.

Although the MBTA provides invaluable services to Massachusetts residents, it is frequently the subject of news stories involving injuries to riders, pedestrians or others.  The typical MBTA accident story often involves a bus or a train, but there are other types of personal injuries involving the MBTA.  Such injuries include slips or trips and falls at one of the many MBTA stations or facilities in and around Massachusetts or automobile accidents involving other types of MBTA vehicles such as “The Ride” vans or MBTA maintenance vehicles.   From minor injuries such as sprained or fractured wrists and ankles to neck and back injuries and even wrongful death, the MBTA has a long history of injuries and claims.  Finding the right attorney to represent you is crucial in obtaining a fair resolution of your claim against the MBTA.

Published on:

Medical Malpractice occurs on a daily basis. When it happens in a hospital setting, it can be difficult to figure out who was responsible.  There are two to three nursing shifts every day, attending physicians, consulting physicians, physician assistants, and resident physicians.

Take this case, for example: Our client went to the emergency department with a broken leg. The emergency department physician evaluated her and admitted her — not for the broken leg, but for the dizziness that caused her to fall in the first place.  Then began the extensive workup and multiple consults (physician examinations from different specialists).   On day one, the broken leg was placed into a removable walking boot for the next three weeks – a simple break that needed some stability.  No orders were written about that boot, (but remember, it was a removable boot). Throughout the next five days in the hospital, the patient saw several different consulting physicians for an extensive workup to uncover why she became dizzy and fell.  The patient also had 24 hour nursing care. On a daily basis, the patient saw several different doctors who reviewed and assessed different test results, the patient’s clinical presentation, and radiology/laboratory findings.  As each physician or nurse assessed this patient, s/he was advised of the extreme pain experienced by the patient.  Each physician reviewed and agreed with the existing pain medication order or orders more/stronger pain medication – and with the medication, the patient’s pain subsides temporarily. But by day five, the pain was excruciating.  Someone finally took off that removable walking boot…only to discover that the “simple broken leg” is gangrenous.  The end result: a below the knee amputation.

So, who was responsible for the treatment and care of this patient?

Published on:

Perhaps you voted yes on Question 4 on the state ballot on November 4, 2014 when voters passed a new sick leave law, and perhaps you’re wondering: “What now?”

Starting on July 1, 2015, employees who work at an employer that has 11 or more employees will have 40 hours of unpaid sick time each calendar year. Employees will be able to use sick time and miss work for reasons such as (1) caring for their child, spouse, or parent who has a physical or mental illness, (2) to handle their own illness, (3) to attend a routine medical appointment for themselves or a family member, or (4) to deal with the psychological, physical, or legal effects of domestic violence.

Employees do not receive 40 hours of sick time at the start of each calendar year. Instead, most employees will earn and accrue one hour of sick time for each 30 hours working. If an employer already provides paid sick time to its employees, the new law does not require an employer to provide additional time off so long as the existing policy allows employees to take time off for the same reasons outlined in the new law. When an employee leaves his or her job voluntarily or is fired, unlike accrued vacation time, an employer is not required to compensate an employee for accrued but unused sick leave. Importantly, the new law prohibits employers from retaliating against an employee who uses sick time under the new law or supports a co-worker for doing so. That means an employer cannot fire or demote an employee for using sick time under the new law.

Contact Information