Workers compensation claims can often pit you against your employer. The main reason an employer would reject a workers compensation claim is often money. You may be mistreated at work. Your employer may not want to find you a job on light duty. There are many issues you can encounter. You may need a lawyer in Massachusetts to help you fight your employer in a workers compensation claim.
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Personal injury law can be somewhat difficult to understand. If you have been injured due to the negligence of another party, you may be entitled to damages. This article will discuss the four components that determine whether or not you have a valid claim.
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In matters of gross negligence, there’s the possibility that punitive damages may be expected of the liable party. Punitive damages serve as a form of punishment to deter the defendant from participating in comparable behaviors in the future.
People have a legal obligation to take reasonable measures when conducting themselves. When someone fails to uphold this obligation and it results in a personal injury or property damage, then accountability may be assigned to the personal whose actions triggered the sequence of events that caused another person harm and compensation awarded to the victim for financial recovery regarding issues of lost wages, medical expenses, or funeral costs.
When a behavior is considered to be grossly negligent, a degree of recklessness needs to be present. For example, being aware of a situation that poses a danger but taking no steps to prevent the harmful effects could be considered gross negligence. If the victim of gross negligence decides to take legal action, then a lawyer may recommend seeking punitive damages. Such amounts vary, and factors, such as how offensive the defendant’s behavior was and the severity of the harm caused to the victim, are generally considered when determining an appropriate amount.
Punitive damages are not always involved in personal injury cases. When a matter warrants such damages, the motive is to provide an additional financial award for the victim while serving as an additional punishment for the defendant which is not considered part of the compensatory amount.
You are living life, and then suddenly you are faced with a serious illness and can no longer work. What do you do? For many, long-term disability is an option.
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Massachusetts is a comparative fault state when it comes to law suits to recover damages for a personal injury. Whether negotiating a claim with an insurance company or pursuing a lawsuit in court, your settlement award or damage award may be reduced if you were also partly at fault for the accident that caused your injury.
The law of comparative negligence varies from state to state. The law has long recognized as a defense to a personal injury lawsuit the argument that the person who was injured was also negligent in a way that contributed to the resulting injury. The doctrine is generally called contributory negligence. Originally contributory negligence was a complete defense: a plaintiff who was found to be even 1% at fault was barred from recovering any damages from the defendant even if the defend was 99% at fault.
Employees in Massachusetts who suffer an illness or an injury arising out of and in course of employment are eligible for weekly compensation benefits during their period of incapacity from work. In addition to common workplace accidents, personal injuries include infectious or contagious diseases if the nature of the employment is such that the hazard of contracting such diseases by an employee is inherent in the employment. State law requires employers to carry workers’ compensation insurance coverage, and the carriers must provide the benefits for which the employee qualifies based on the nature of the injury and the resulting incapacity from work.
Temporary Disability Benefits
Injured workers who are unable to work for six days or more are entitled to weekly compensation benefits. They are entitled to receive 60 percent of their average weekly wage and are eligible to receive these benefits for up to three years, or 156 weeks.
A lot of people think that they don’t need disability insurance. But studies now show that 3 out of 10 employees ages 25 to 65 will experience a disability or illness that will affect their ability to work for at least a three-month period. If you depend on income from your salary to live month to month, you cannot afford to lose your income for months on end, especially at a time when you will have increased medical bills, including costly copays.
If your incapacity from work is arising out of and in the course of employment, you will likely be entitled to weekly workers’ compensation benefits. But if your injury is not work related, you’ll need to replace your lost income some other way. This is where long term disability insurance comes into play.
You can often obtain both short term and a long term disability insurance from your employer.