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When Two Chances or Two Bites Will Do

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.

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Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

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    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

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    Attorney Colleen Santora, was a pleasure to work with throughout my personal injury case. She makes the process seamless for her clients and is there to answer any questions you have. She negotiated every aspect of my case and got me the settlement I...

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    We were very pleased with all aspects of this law firm! My husband was struck by a truck while crossing the street. We hired attorney Colleen Santora of Feinberg & Alban PC. Colleen immediately showed empathy towards my husbands condition, aside fro...

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    Attorney Colleen Santora assisted me after a terrifying highway incident. She came to my home because I was not able to travel, and she remained compassionate, professional, and highly competent throughout my case. I would highly recommend retaining...

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    I had a difficult liability case that Marsha Alban handled on my behalf. I was extremely happy with Attorney Alban’s communication with me throughout the claim and especiathe resolution of my claim. I highly recommend this firm as they are up for ...

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    Alexis was a pleasure to work with. She kept me informed every step of the process and always looked out for my best interests. I would definitely recommend her.

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