Articles Tagged with injuries

Dog bites can cause serious personal injuries, infections, disfigurement, permanent scarring, emotional trauma and death.

In the thirteen year period of 2005 through 2017, Dogbites.org reported that canines killed 433 Americans.  Many more suffer serious personal injuries or property damage.  It is the responsibility of a dog owner to ensure their dog does not hurt or injure anyone.

Victims of severe dog attacks who suffer these significant injuries, infections, disfigurement and scarring will need specialized medical care, and often reconstructive surgery is required to diminish the appearance of scars.  These medical procedures can be painful, costly and take years to complete.

workers compAchieving 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 has the authority to make decisions regarding witnesses’ credibility and the weight that various pieces of evidence should receive. As long as there was a reasonable basis for what the judge decided, your award of benefits will generally be upheld. Before you take on the workers’ compensation process, be sure you have representation from a skilled Massachusetts workers’ compensation attorney.

C.D. was a worker who was able to achieve that successful result in his hearing. C.D. drove, loaded and unloaded a truck for his employer. One day, at the end of his shift, the driver fell out of his truck, hitting his elbows, shoulder and head. C.D. later filed a claim for workers’ compensation benefits. A hearing was held and, at that hearing, both the driver and a doctor gave credible testimony that the injuries resulting from the accident had left the driver temporarily totally disabled. The judge ruled in favor of the driver and ordered that he receive what’s known as “Section 34” benefits, which means temporary total disability benefits.

The doctor who gave the testimony was an independent medical provider who examined C.D. under the auspices of Section 11A(2) of the workers’ compensation law. In any workers’ compensation case, one of the most important things you’ll have to prove is causation. If you have a history of medical problems prior to your workplace accident, your employer (or employer’s insurer) may try to argue that your injuries are actually tied to those pre-existing conditions, not your workplace accident. Success, then, may be closely tied to having very credible and persuasive testimony that proves this connection with regard to causation.

wrist injuryWhen you find yourself in need of workers’ compensation benefits, it is important to be sure you make your best possible presentation and arguments at your hearing. It is generally much easier to defeat an employer’s appeal of your successful workers’ compensation hearing (and award of benefits) than it is to mount a successful appeal of your unsuccessful workers’ compensation hearing (and denial of benefits). When it comes to making that strong presentation, be sure you have the skill and knowledge of an experienced Massachusetts workers’ compensation attorney on your side.

As an example of this, take the case of N.F. N.F. was a woman with an eighth-grade education who had spent much of her working life in industrial jobs. For nearly two decades, she worked at a facility that made plastic buckets and lids. The work was strenuous, repetitive and it required near-constant use of the employee’s fingers and hands. After 19 years at this job, the work began taking its toll. At age 53, N.F. began experiencing pain and numbness in her hands and fingers. She had surgery and attempted to return to work, but had to leave again due to throbbing pain and numbness.

At that point, the woman filed a claim for workers’ compensation benefits. There are various types of workers’ compensation benefits you can obtain. There are disability benefits, which can be permanent or temporary. A workplace injury that leaves you unable to work at all for a period of time, but will allow for a return at a future date, may entitle you to temporary total disability benefits, which is written into the law in Section 34 of the Workers’ Compensation statute.

work zone, injury, accident, personal, attorney

Approaching a work zone

As the flowers bloom and the trees leaf out, it’s a familiar sign as any that the warmer months are coming in Massachusetts. A sign nearly as familiar as the vibrant greens on the trees are the equally vibrant orange cones signifying a work zone. In Massachusetts there is only so much appropriate weather to get road work done in a given year, so as the leaves and flowers proliferate so to do the work zones. A great deal of effort goes into making work zones safe, from deploying state and local police, to temporarily dropping the speed limit, to reducing lanes of traffic, it would seem there’s no shortage of methods of increasing safety of workers in these zones, as well as the safety of the drivers passing through them. Yet despite attempts to improve safety precautions accidents involving personal injury and even fatalities continue to happen.

According to statistics from the Federal Highway Administration on average in 2015 a work zone crash occurred once every 5.4 minutes, 70 crashes occurred in a day with at least on resulting in injury, and every week 12 work zone crashes resulted in at least one fatality. The data shows a trend with work zone crashes comparing similarly with non-work zone crashes. The problem is work zones are designed with the intention of reducing the risk for accidents, yet the data shows a negligible reduction in accidents in work zones versus those outside of work zones.

workers compEach workplace accident that ends in death is tragic as it cuts a life short far too soon. It is also traumatic for the loved ones left behind. In addition to emotional damage, workers who die as a result of industrial accidents can potentially cause major financial crises for their immediate loved ones, as they may be significant (or even sole) income earners for their families. In Massachusetts, the families of workers killed on the job have certain legal avenues available to them. One of these is seeking workers’ compensation death benefits. To make sure that you obtain the compensation your family needs to survive financially, talk to an experienced Massachusetts workers’ compensation attorney.

July 2018 was an unfortunately bad month for fatal industrial accidents in Massachusetts. In one instance, a 26-year-old died after entering a large industrial cutting machine that was under maintenance at a facility in Sharon. At some point, the man became stuck inside the machine’s workings. EMTs took roughly 90 minutes to free the man and rush him to the hospital. Although the worker was conscious and talking to the EMTs when they arrived, he died at the hospital from his injuries. Roughly a week later, a worker at a Concord hospital died from injuries sustained at his workplace. The 46-year-old man was working on the hospital’s boiler system when he entered its crawl space. He left behind a wife and two children.

Surviving spouses, children and other dependents of workers killed in a workplace accident (or who die as a result of complications from that accident) can obtain workers’ compensation survivor benefits. (Children are only eligible for benefits if they are under 18, are full-time students or cannot work due to their disabilities.)

A famous book once advised, “Don’t sweat the small stuff.” While that advice may work well in many areas, the law is not one of those areas. In legal matters, including workers’ compensation cases, small details can make big differences in outcomes. To make sure you have all of your bases covered in your workers’ compensation case, both great and small, be sure you have representation from a skilled Massachusetts workers’ compensation attorney.Legal News Gavel

C.P.’s workers’ compensation case was one example in which the details mattered a lot. C.P. was an assistant manager of a supermarket meat department in 2013 when, while pulling a box of chicken at work, he injured his back. The manager filed a claim for workers’ compensation benefits. The employer fought the manager’s request for benefits, but the workers’ compensation judge ordered the employer to pay temporary total disability benefits of $1,040 per week, starting on Dec. 2, 2013.

In the spring of 2016, the employee filed a request for permanent total disability benefits. The judge, however, only awarded the employer partial disability benefits. At the hearing, the judge had heard from a doctor who diagnosed C.P. with a protruding disc and, while concluding that the employee could not perform his old meat cutter duties, found that he could do light-duty work as long as it involved no prolonged standing or walking, and no lifting of more than 10 pounds.

elderly womanA development in a Massachusetts nursing home negligence case serves as an important reminder of many things, but one in particular. That one particular thing is just how incredibly important it is to be ready to oppose, and defeat, a facility owner’s motion to derail your case via arbitration. Failure to avoid arbitration at this stage means never getting to argue your case in front of a jury, and having to present your case in a setting where it may be harder to get the full amount you deserve. A success at this stage opens up a variety of opportunities for obtaining the compensation your family needs. To ensure you are equipped to take on the other side and succeed, be sure you have experienced Massachusetts injury counsel in your corner, advocating for your needs.

An example of this type of situation played out in a Massachusetts wrongful death action, with the plaintiff receiving a $500,000 settlement recently. The case involved a 100-year-old resident of a Bristol County nursing home, whom her 98-year-old roommate allegedly suffocated with a plastic bag. After the resident’s death, the deceased woman’s son filed a wrongful death claim against the nursing home.

There are many possible ways that a nursing home can be liable for the injury to, or death of, a resident. One way, of course, is through neglect of the resident. Neglect can manifest through untreated bedsores, malnutrition or dehydration. Another way, however, is inadequately providing for resident safety. For residents with memory/cognitive issues, this can involve inadequate systems to prevent residents from wandering away.

Delayed injuries are a reality that happens for a variety of reasons. After an accident your body releases endorphins. According to howstuffworks.com  “Endorphins are neurotransmitters whose functions range from blocking pain, to generating feelings of pleasure.” In the time following in accident it’s hard to gauge levels of pain or trauma as a result of the endorphins released in your body. This effect can last for days or even weeks, leading some injuries to go unnoticed in the immediate aftermath following an automobile accident.

whiplash, delayed injury

Simulated whiplash

In the coming weeks following an accident, it’s not uncommon for one to feel abdominal pain, headaches, pain in the neck and shoulders, back pain, or a sense of numbness or tingling as a result from the impact of a car accident. Conditions of this type occurring after an accident are likely the result of said accident. It is important to see a doctor to get a proper valuation following these symptoms to determine your condition.

It’s five o’ clock on a Friday and you’re heading home after an exhausting week of work. You’re practically on auto-pilot with the thought of the impending weekend being the only fuel guiding you home, and then BAM-it happens. You find yourself in a car accident. Everyone understands when you get behind the wheel you run the risk of finding yourself in a surprise collision, yet we never think about the odds of it actually happening to us, and even worse we don’t know the steps to take to protect ourselves in the event of an automobile accident adapted from the Massachusetts DMV site.

Car Accidet

EMS Clearing A Car Accident

  1. First and foremost, you must never leave the scene of an accident. It seems obvious and trite, but flight is a guttural reaction to stimuli. You must remain as calm and reposed as you can, given the circumstance. Find a safe place to pull over your car, staying as reasonably close to the vehicle, or property you collided with without obstructing traffic. Be aware of your surroundings and any other potential dangers, such as fire, or a downed electrical wire.

Legal News GavelSometimes, the key to achieving a truly full success in your workers’ compensation case is not succeeding in the initial hearing but overcoming your employer’s (or your employer’s insurer’s) efforts to terminate your benefits. Getting the full benefit of your workers’ compensation means not just being prepared to win your benefits hearing but also preparing for a hearing regarding the reduction or elimination of your benefits. For all of these processes, it is helpful to rely on experienced Massachusetts workers’ compensation counsel who is well-versed in every type of hearing and process.

One worker who fought successfully to maintain his benefits in a recent ruling was Robert, a vending machine route delivery driver for many years. The driver’s job involved a great deal of heavy physical labor, including transporting boxes of coins that could weigh as much as 100 pounds. One day in the spring of 2015, Robert became injured when he fell down five steps at work.

Robert filed a claim for workers’ compensation benefits. The judge in his case concluded that his injuries were very serious, including a fractured and dislocated elbow, along with a wrist injury. Robert was awarded temporary total disability benefits. Less than a year later, the insurer made an effort to reduce or eliminate the benefits. The basis for the insurance company’s effort was an examining physician’s opinion that Robert could perform light duty work with lifting restrictions.