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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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5.0/5.0As someone who has unfortunately been in a major accident prior to the one for which I've recently needed legal counsel for, I can attest firsthand in the difficulty of finding a reputable, capable, knowledgeable, and experienced lawyer, and what to ...
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5.0/5.0
Man, I was hit by a car and it has changed my whole life. The bright spot in it was this law firm. Perry Feinberg really came to my bedside and kept me informed throughout the whole process. I would definitely recommend them .
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5.0/5.0
Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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5.0/5.0
While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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