Determining Negligence in a Workers Comp Lawsuit

Typically, either a worker or the employer’s insurance company will contest evidence submitted during the review process of a case. This may mean that a case goes to court before it is resolved. If a lawsuit is filed, a lawyer may be able to prove that an employer was responsible for the injury or injuries suffered by an employee.

First, a lawyer could review and present medical records indicating that the employee was healthy prior to the day the injury occurred. It may also be possible to include statements from medical professionals proving that the injury could only have happened at work or that it is most likely that is where it took place.

Next, a lawyer may acquire copies of an employer’s safety records or any safety policy that they may have. If the employer does not have a written safety policy or has a history of previous employee injuries, it could bolster the claim made by a worker for benefits. In most industries, OSHA requires that there be a written safety plan or some protocols in place to ensure worker safety.

Finally, a lawyer can find and get in touch with experts who will be able to testify on the worker’s behalf. These experts may be familiar with employer law, familiar with the machines that the employee used, or any other relevant issues in the case. Their testimony may counter any expert testimony that the insurance company or employer may use to defend their own legal arguments.


Guide to Massachusetts’ Laws and Statutory Rules from an Injury Lawyer


When it comes to matters concerning vehicle accidents and auto insurance, Massachusetts is a no-fault state. Basically, this means that those injured in car crashes are expected to seek compensation under their own insurance coverage. There are certain exceptions to this rule, though, like when your reasonable medical expenses exceed $2,000 or when you suffered serious and permanent disfigurement leading to the loss of your vital functions, such as sight or hearing.

As it stands, this threshold is a bit vague because there is no science that exactly determines the level of injury that can classify it as a “serious disfigurement”. Your personal injury lawyer may then have the flexibility to seek further negotiations on whether or not your claim can be limited by the no-fault rule.

Massachusetts Businesses Get Break In Workers Compensations Costs

The Massachusetts Department of Industrial Accidents (DIA) lowered the assessment rate that private employers are expected to pay to the state on workers’ compensation policies. For the new fiscal year, the policy premium is now 5.75 percent down from 5.8 percent during the last fiscal year.

This new premium rate is effective for the 2016 fiscal year beginning on July 1, according to a letter circulated on July 2 by the Massachusetts Workers’ Compensation Rating and Inspection Bureau (WCRIBMA).

According to the Insurance Journal News report, Massachusetts governor, Charlie Baker, announced that his administration was focused on this rebate so that companies can enjoy a bit of tax relief.

Why Hire a Lawyer to Represent You?

If you have been hurt in a car accident or any other type of accident through no fault of your own, you may be entitled to financial compensation. Typically, the insurance company of the responsible party will pay any compensation won via jury award or through a negotiated settlement. However, if you do agree to a settlement, it is best that it is negotiated by your attorney.

This is because the insurance company is looking out for its own self-interest when negotiating with you. They know that it could be months or years before you see any of the money that you are entitled to. Therefore, they will make you a below-market offer in an attempt to get a discount in your vulnerable state immediately following the accident.

Furthermore, the insurance company knows that you have a limited understanding of personal injury law and your rights during the process. This is something that they will take advantage of in an effort to settle the case quickly and for as little as possible. If you have an attorney negotiate your settlement, the insurance company will be forced to pay based on the facts of the case and not based on your legal experience or mental state.

When you have a representative who understands the law and how to work with the insurance company, you stand a better chance of getting all the compensation that you deserve. It will enable you to remain financially secure today and in the long-term.


Why You Can’t Afford NOT to Have an LTD Attorney

Long-term disability benefits are designed to provide an injured worker with a paycheck while he or she is out of work. However, such benefits are not always easy to get and the steps necessary to get your claim approved can be tedious and confusing. Therefore, you cannot afford to file your case without the assistance of an attorney.

The first thing an attorney will do is review the merits of your case. He or she will look for any holes in the case such as the lack of treatment from a qualified medical professional. An attorney will also look to see how long the injury kept you out of work as well as the specific impact that the injury has had on your ability to work and/or enjoy a reasonable quality of life outside of work.

Hiring a lawyer on its own is important because insurance companies don’t like dealing with attorneys. They know that a LTD attorney will not back down, make mistakes or fall for any tactics that an individual who doesn’t know the law may not know how to handle.

In many cases, those who have a lawyer will not only win their case, but win more than they otherwise would have if they filed on their own. Therefore, it is important that you let an attorney review and help you pursue your case. Although it may take some time to settle, the end result will likely be favorable to you.

Long-Term Disability in Massachusetts: The Basics of an LTD Policy

Even while your disability type qualifies you for claims, you may not be eligible to file right away, as most LTD plans have a waiting period or “elimination period” of around 90 or 180 days. In general, before you can apply for LTD claims, you must first have consumed your sick time and short-term disability benefits.

Other restrictions in LTD claims exist, such as a cap for mental conditions, and the duration by which you may receive benefits. Taxability of the benefits may also be a question. Given all these complexities, it would be best to apply for claims on your long-term disability policy with the help of a lawyer experienced in Massachusetts LTD benefit laws.

Role of Lawyers in SS Disability Claims

The social security disability program was designed to provide aid to people in dire need of some financial respite. Unfortunately in most instances, the process of obtaining said respite can prove to be a tedious experience with the heap of official procedures and prolonged waiting period involved. The process gets even more frustrating if the application is not approved at its initial stage, which could sometimes lead to a prolonged appeal procedure.

You don’t need the services of a lawyer to file a claim for social security disability benefits, however, it is often a smart decision to do so. This is because, with their wealth of knowledge and experience in the due processes and the paperwork involved, their legal advice is usually invaluable. Social security lawyers can help you navigate through the procedure, while highlighting and avoiding potential barriers to an initial approval.

In the event that your claim is denied, the case is usually appealed or protested before an Administrative law Judge, and your lawyer gets to plead your case. If you choose to do so without legal counsel, keep in mind that the judge will expect you to follow all due processes and he or she will not give you any helpful advice. So if you don’t have sufficient experience in social security insurance and legal proceedings, is going at it alone really a risk worth taking?