Cape Cod Injury Lawyer BlogGenerally, in personal injury lawsuits filed in Massachusetts, the plaintiff will assert a negligence claim against the defendant. A core element of negligence is duty; absent proof that the defendant owed some obligation to the plaintiff, a plaintiff’s negligence claim cannot prevail. Duties typically arise out of the relationships between the parties, but they can […]
Articles Posted in Construction Accident
Massachusetts’ Three-Year Statute of Limitation Applied to Subrogation Claim for Injuries to Construction Worker from Another State
Most people are at least vaguely aware that there are deadlines for filing a claim in a Cape Cod work injury case. The particulars of those procedural rules, however, are not as widely understood. As the following case indicates, sometimes the statutes of limitations can even be a matter of dispute, due to the unique […]
Massachusetts Appeals Court Upholds Summary Judgment to Homeowner in Carpenter’s Negligence Lawsuit
Workers’ compensation laws are designed to protect those who are hurt at work. However, different situations in the workplace can result in different outcomes. For example, someone who was working as an independent contractor may have a harder fight when attempting to seek payment for an on-the-job injury than a “regular” employee. If you have […]
Massachusetts Court Affirms Defense Judgment in Construction Accident Lawsuit
Construction site accidents are common in Cape Cod and elsewhere in Massachusetts. Unfortunately, legal claims arising from these types of on-the-job injuries can be more difficult to pursue than more traditional workers’ compensation cases. One reason for this is that those in the construction industry may be injured by someone other than his or her […]
Federal District Court in Massachusetts Denies Summary Judgment to General Contractor Following Injury by Allegedly Defective Tool
Typically, a worker who is hurt on the job is limited to benefits available to him or her under the Massachusetts workers’ compensation laws. However, there are a few limited circumstances under which a third party may be liable in tort for the employee’s injuries. One of these circumstances arises when a defective product was to […]
Massachusetts Worker Was No Longer Entitled to Workers’ Compensation Benefits When Continuing Disability Was Caused by Obesity and Pre-Existing Condition – Robert Amaral’s Case
When an employee is injured due to a work-related accident, the employee may be entitled to several forms of workers’ compensation benefits. These include medical care at the employer’s expense, temporary disability benefits, and, in cases involving more serious injuries, permanent disability benefits. Of course, the burden is on the employee to show that he or […]
Workers’ Compensation Insurer Was Not Entitled to Subrogation of Pain and Suffering Award in Worker’s Claim Against Third-Party Tortfeasor – DiCarlo v. Suffolk Construction Co.
Trial judges can sometimes reach different outcomes in cases involving similar issues, such as those involving workers’ compensation disputes and subrogation liens filed by insurance companies. In a recent case, the state’s highest court was faced with two cases in which trial judges had rendered very different decisions in cases involving basically the same issue. It was […]
Massachusetts County Correction Officer’s Claim for Assault Pay Was Subject to Three-Year Statute of Limitations – Flaherty v. Sheriff of Suffolk County
Workplace injury cases can be complex. Depending upon the facts of the case, a person injured on the job may be entitled to benefits beyond those awarded by the Department of Industrial Accidents. Although there are limitations on the usual workers’ compensation benefits overseen by the Department, lawsuits against third parties who caused or contributed to an employee’s injuries […]
Construction Worker Falls 30 Feet From Scaffolding at a Country Club in Mashpee
The Cape Cod Today reported that a construction worker survived a 30-foot fall from scaffolding while working at Willowbend Country Club in Mashpee. According to reports, the worker had suffered head and back injuries, but his condition was unknown. The man fell while working at the pool area of the club, and was later transported […]