If you are injured while performing the duties of your job, you are most likely entitled to workers’ compensation benefits. Under Massachusetts workers’ compensation law, you are only entitled to benefits that are reasonable and related to your injury. There are guidelines set forth as to what treatment is considered…
People routinely entrust their health to medical providers with the expectation they will be provided with appropriate care. Unfortunately, at times, the medical treatment provided falls short of what is expected and actually results in harm to the patient. If treating providers fail to adhere to the standard of care…
Many people avoid thinking about what will happen to their property and assets after their death, and ultimately die without a will to determine how their estate will be disbursed. Family members of an individual who dies intestate may not see the necessity in determining how the estate should be…
Bullying is a persistent and ever growing problem throughout the schools in our nation, including schools in Massachusetts. While generally bullying is thought of as causing emotional harm, it often results in physical harm as well. Parents may be unsure who should be held accountable when their child suffers a…
Under the Massachusetts Workers’ Compensation Act (the Act) an individual who suffers a workplace injury is entitled to benefits. While obtaining benefits due to a covered injury is generally a relatively straightforward process, it can become complicated if your employer is unable to provide benefits. Generally, employers maintain insurance policies…
Generally speaking, a property owner does not have a duty to prevent dangerous or harmful acts of third parties. Under Massachusetts personal injury law there is an exception to the general rule, in that a property owner can be held liable for ignoring criminal activity it knew or should have…
Insurers can raise an “affirmative defense” during the proceedings related to a claim for Massachusetts workers’ compensation benefits. One such defense is allowed by the Worker’s Compensation Act, which prevents someone from receiving benefits when they’ve rejected treatment that can lessen her or his suffering through reasonable remedies and operations…
The Commonwealth’s Supreme Court reviewed a new issue recently in a Massachusetts wrongful death law suit. The legal question was whether a pharmacy was required by law to notify the prescribing physician after the patient’s health insurer advises the pharmacy that it needs a “prior authorization form” filled out by the…
The owner and manager of an apartment building attempted to extend the umbrella of immunity under the Tort Claims Act, G.L. c. 258 Sec. 2 to avoid liability for a serious injury Massachusetts slip and fall accident. A resident of a public housing development fell while descending the stairs in his apartment…
A Massachusetts car accident resulted in an estate filing suit against a convenience store chain after a speeding driver ran into the deceased as he crashed into the front of the store. The deceased’s husband and executor alleged the company had experienced several front-of-store “car strikes” and knew of the risks…