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Salem MA Personal Injury Law Blog

Workers' compensation and the "going and coming" rule

Massachusetts residents who have been hurt at work may qualify for workers' compensation benefits. These benefits can help these injured workers pay their medical expenses and recoup their lost wages while they focus on recovering their health and getting back to work. Although an individual does not have to show fault in order to recover workers' compensation benefits, employers and insurance companies will often try to deny an injured worker's claim.

One way they do this is by turning to what is referred to as the "going and coming" rule. This rule essentially states that driving to and from work is not job-related, and, therefore, any injuries suffered during that travel is not covered by workers' compensation.

How can discovery help my workers' compensation claim?

If you've been injured on the job, then you know the struggle that can accompany one's recovery. The physical pain can be excruciating, and you might find yourself depressed when you are unable to work. On top of that, you will likely incur medical expenses and suffer from lost wages, which can throw your finances into a tailspin. To avoid this, you may want to consider seeking workers' compensation benefits.

However, this process can be difficult, especially when you have limited information on which to base your claim. This is why Massachusetts law allows an individual to engage in discovery. Under the law, once you file your workers' compensation claim, you can file a motion seeking to gain access to certain areas of your employer's property so that you can take measurements, collect samples, and analyze records.

Medical professionals responsible for medication errors

Medical malpractice can occur in a number of ways. A victim may be subjected to a doctor's failure to diagnose, a medical professional may commit a surgical error, or a doctor may perform medical treatment that goes beyond the consent given by the patient. In all of these situations, an unsuspecting patient can be left with serious injuries that can leave him or her permanently disabled, suffering from a worsened medical condition, or, in the worst cases, dead. This is why those who are negligent in the Massachusetts medical profession need to be held liable for their actions, which may mean pursuing a lawsuit against them and their employers.

Dog bites cause much more than physical damage. Who is liable?

Has a dog attacked you or your child? The financial, physical and psychological consequences can be devastating. While many victims of dog bites in Massachusetts accept insurance settlement offers, coverage that is more comprehensive might be available through the civil court. In Massachusetts, a strict liability law exists, which means the dog owner is liable even if he or she claims not to have known that the dog was dangerous.

The role of provocation in these cases

We advocate for those affected by fatal motorcycle wrecks

Last week on the blog we discussed fatal motorcycle accidents and how they seem to be on the rise. This is troubling for many reasons. First, it's concerning that negligent driving continues to occur at alarming rates, putting innocent motorcyclists in harm's way. Second, it is heartbreaking to think of all the family members who are left emotionally devastated in the aftermath of a fatal accident. Third, it is frustrating that so many families have to continue to find a way to deal with unexpected financial damages during a time when all they want to do is remember their lost loved ones.

Motorcycle accident fatalities increased in 2015

Many Massachusetts residents find riding a motorcycle to be relaxing and fun. Many also find it as a cost effective way to get around town to see family, go to school, or get to work. Yet, despite its benefits, motorcycle riding can also have its drawbacks. Specifically, motorcyclists are often subjected to the negligent acts of other motorists. And, since they lack many of the safety features afforded to those in passenger vehicles, these motorcyclists often suffer serious injuries or death.

Families remember those lost in workplace accidents

Although going to work should be a completely safe thing to do, far too many workers in Massachusetts are exposed to hazardous conditions as they perform their duties. Even those who work in professions where one wouldn't expect to be at risk can be susceptible to workplace injuries. Of course, there is a wide range of severity when it comes to these injuries. Some individuals may suffer from pulled muscles or pinched nerves, while others are killed in their lines of work. When the worst happens and a family loses a loved one, they can be totally overwhelmed with the emotional and financial struggles that inundate them.

When can workers' compensation benefits be suspended?

Being injured on the job can not only make for a bad day, but also for a bad month or months. For some, it could even spark the beginning of many bad years to come. Why? In addition to the pain and suffering these injured workers may go through, they also often face significant financial challenges. They may be unable to work and therefore suffer from lost wages, and the medical expenses incurred as part of their treatment and rehabilitation can be overwhelming. Although workers' compensation benefits may be available to these individuals, there are instances when benefits can be modified or ceased altogether.

Massachusetts' trucking regulations focus on safety

We've dedicated a fair amount of time on this blog to discussing trucking regulations issued by the Federal Motor Carrier Safety Administration (FMCSA). These regulations seek to ensure safety for all motorists by controlling the conduct of truckers and truck companies. However, it is important to note that these regulations only apply to trucks that operate in interstate commerce, meaning trucks that cross state lines. For those that operate intrastate, or within the state's boundaries, the Massachusetts Department of Transportation's regulations apply.

Was your child injured at birth? Legal action could help

You may have always known that you wanted to have children someday. When the time came for the birth of your child, you probably felt elated about soon becoming a parent. Unfortunately, you may also have felt immense devastation if your child suffered a birth injury during delivery. Serious injuries could lead to permanent effects that have a substantial impact on your child's life.

If you believe that mistakes made by hospital staff contributed to the injuries your child suffered, you may feel a myriad of emotions ranging from distress to anger. You may also wonder if you have options for seeking justice for the medical malpractice that harmed your baby. Luckily, legal avenues exist that could help you pursue compensation, and you may wish to understand against whom you could file a claim.

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