Massachusetts Personal Injury Lawyers

In Massachusetts, in order to establish negligence, a plaintiff must demonstrate that the defendant owed the plaintiff a duty of care. In many cases, the duty owed is to act in the manner a reasonable person would under the same circumstances, but duties may also arise out of statutes or regulations. The plaintiff must then show that the defendant acted in a manner that constitutes a breach of the duty owed. Depending on the facts of the case, a plaintiff may need to hire an expert to explain to the judge or jury how the defendant’s behavior departed from the applicable standard of care. Finally, the plaintiff must prove he or she suffered actual damages and that such damages were caused by the defendant. In other words, the plaintiff generally must show the harm sustained would not have occurred absent the defendant’s behavior.

A plaintiff that successfully establishes a defendant’s liability may be able to recover compensation for both the economic and non-economic damages suffered. Economic damages include the cost of any required medical care, lost wages, and out-of-pocket expenses. Non-economic damages typically refer to the pain, suffering, and mental anguish caused by the underlying harm.

Workplace injuries are common and frequently not only require medical care, but also render the injured party unable to earn an income. Fortunately, people who suffer injuries at work are often able to recover workers’ compensation benefits from their employers. Specifically, under the Massachusetts Workers’ Compensation Act (the Act), employees who sustain work-related injuries or illnesses are eligible to recover benefits. This means that independent contractors, volunteers, or other non-employee workers’ are not owed benefits under the Act. Additionally, for an injury or illness to be considered work-related, it must arise out of and in the scope of employment, which generally means that it occurs while the employee is performing job duties or doing something on behalf of the employer.

Benefits recoverable under the Act include medical benefits, which cover the cost of any reasonable and adequate medical treatment for the injuries or illnesses suffered, as long as such treatment is necessary. Employees who are unable to work may also be granted disability benefits, which are designed to compensate them for their loss of income. Disability benefits may be temporary or permanent, depending on the nature of the employee’s harm, and are paid at a rate of two-thirds of the employee’s average weekly wage prior to the injury or illness, subject to statutory limitations. People interested in pursuing claims for benefits should consult a workers’ compensation attorney serving the Bristol County area about their rights.

Some people suffer from chronic mental or physical impairments that prevent them from earning an income. In many instances, people who were previously employed but are now unable to work due to health issues are eligible to receive Social Security Disability Insurance (SSDI) benefits. Generally, people seeking benefits must show that they previously worked in a job covered by Social Security, which means that money was deducted from their paychecks for the Social Security Trust Fund.

Further, they must show that they are disabled as the term is defined by the Social Security Administration (SSA). The SSA considers people that suffer from mental or physical impairments that prevent them from doing the work they previously did or adjusting to other work as disabled. Typically, the infirmity must have lasted or be expected to last at least twelve months to be considered a qualifying disability with regards SSDI benefits. The process of applying for SSDI benefits and appealing the denial of claims can be complicated, and it is advisable for anyone interested in seeking such benefits to obtain the assistance of an attorney prior to proceeding.

Professional athletes may play games for a living, but they are nonetheless afforded the same rights as other employees. In other words, if they suffer injuries while working, they may be able to recover workers’ compensation benefits. For example, they may be entitled to medical benefits for the cost of any medical treatment they need for their injuries and disability benefits if they can no longer work on a temporary or permanent basis.

Further, under the Massachusetts Workers’ Compensation Act, if a professional athlete suffers a work-related, permanent loss of function of a body part, disfigurement, or scarring, he or she may be granted additional benefits. In many instances in which professional athletes are unable to return to work, they are also eligible for vocational rehabilitation benefits, such as vocational evaluations and training for new occupations. It is prudent for any pro-athlete who suffers a career-altering injury to speak to a lawyer based in Bristol County that is experienced in handling workers’ compensation claims as soon as possible.

If you suffered losses or are unable to work because of an injury or illness, it is in your best interest to speak to an attorney about your rights. James K. Meehan of the Law Office of James K. Meehan is a knowledgeable Bristol County workers’ compensation lawyer who takes pride in helping sick and injured people seek recourse for their losses, and if you hire him, he will zealously pursue the best outcome available under the facts of your case. Mr. Meehan has an office in Taunton, and he regularly represents parties in Bristol County, as well as in Plymouth and Norfolk Counties. You can reach Mr. Meehan via the form online or by calling 508-822-6600 to schedule a confidential and free consultation.