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How many times have we heard that “you only get one chance in life” or “you only get one bite of the apple?”
We have been told this countless times. In an on-the-job injury those adages may not be quite true.
A worker cannot sue his/her employer. Our workman’s compensation statute provides the employer with immunity from a tort suit. See Massachusetts General Laws chapter 152. That is the trade off for receiving workman’s compensation benefits. The employee gets a portion of his/her lost wages, his/her medical bills paid for, but receives nothing for pain and suffering. On the other hand, there is no requirement to prove negligence to receive this limited compensation.
Let’s revisit our notion of second chance or second bite. Maybe it is not really a second chance, but there is an additional avenue for compensation: if the employee’s accident was caused by the negligence of someone, not the employer, then a third-party suit is permitted. We do see this in construction cases, in cases where the employee is a delivery person, or where the employee is in an auto accident while on the job. A personal injury lawsuit can be brought for damages, including pain and suffering, in addition to the worker’s compensation claim. The American worker gets a rare break.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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5.0/5.0Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.
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5.0/5.0
I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...
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5.0/5.0
Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.
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5.0/5.0
Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...
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5.0/5.0
Colleen was excellent to work with- great communication from start to finish. Highly recommend!
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