Search Site
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
-
5.0/5.0Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience ma...
-
5.0/5.0
After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...
-
5.0/5.0
Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...
-
5.0/5.0
I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...
-
5.0/5.0
I can't say enough about this law firm, and its commitment to its clients. Robert & Colleen took a personal interest in my case, which took several unexpected and frankly wild twists and turns along a very long road. They stuck with it, with me, even...
Awards & Affiliations
Contact us
