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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.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

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

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    5.0/5.0

    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

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    Betsy Rose

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    This firm is great! They negotiated a settlement for us after another firm told us we had no case. The whole process was quick and easy. Colleen was so easy to work with and very responsive.

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    Ellen Carita

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    Highly recommend this firm! Colleen Santora was my sister's attorney for her motor vehicle accident. Colleen was always responsive and answered all our questions. She was transparent and put 100 effort in the case. She very knowledgeable. I would re...

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    Warda Khurram

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    5.0/5.0

    My wife with our dog crossed the street when was hit by a car. Our attorney Alexis Cahill was professional, knowledgeable and reliable. We had good communications with her all the time while my wife recovered from her injuries. We are completely sati...

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    michaelvideohere

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    5.0/5.0

    I got chance make car accident (it's not my fault). Before I didn't have any accident like that one. I choose this agency accidentally due to it's location was convenient to my job. I was surprise (good surprise) that agency lawyer (Colleen Santora) ...

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    Anatoly Gorbatchev

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