The fundamental principle of our system of workers’ compensation is that no one should be subjected to a hazardous or overly unsafe work environment. Since we all recognize the realities of occupational hazards, this insurance is there to protect employees when injuries occur. Employers and their insurance companies are required by law to make payments to their… Read More
Massachusetts Medical Malpractice Gets a Makeover
In Massachusetts, as in many other states, medical malpractice suits follow the doctrine of respondeat superior. This doctrine holds that employers are responsible for the wrongful acts of their employees while their employees are doing the employers’ bidding. Basically, an employer cannot escape liability for a wrongful act caused by one of their employees, as… Read More
Massachusetts’ “Move Over Law” and You
In March of 2009, Massachusetts enacted a “Move Over Law” requiring motorists that are approaching an emergency vehicle or service vehicle stopped on the side of the road to move over into the adjacent lane or slow down. In the wake of a recent fatal accident in which a tow truck driver was struck and… Read More
Changing Malpractice in Massachusetts
Every doctor in the State of Massachusetts owes a duty to their patient to treat them in a professionally responsible manner within a range of medically accepted techniques. This is sometimes referred to as the “standard of care.” When a medical provider acts outside of the standard of care and that act results in injury… Read More
Workers’ Compensation: Words to Know in Massachusetts
All employees owe a duty to their employers to diligently perform their day-to-day tasks. All employers owe a duty to their employees to provide a safe and hazard-free work environment. Because accidents on the job are nearly inevitable, employers owe a duty to their employees to help them recover from work-related injuries. The law of… Read More
What is the Future of Automobile Injury Lawsuits?
Google recently unveiled the latest version of its self-driving car, wowing some observers. The small dome-shaped vehicle has headlights and comes with a removable gas pedal and wheel so that a “safety driver” can take over controlling the vehicle in the event of an emergency. As fascinating as this emerging technology is – other automakers… Read More
New Traffic Signals May Add to Driver Confusion
The Worcester Telegram-Gazette reported recently that the Massachusetts Department of Transportation (MDOT) is looking at installing hundreds of new flashing-yellow turn signals in over one hundred communities. The new flashing-yellow turn indicators are designed to reduce the number of accidents that occur at intersections in which one vehicle strikes another vehicle that is turning left. According… Read More
Skiing and Snowboarding Injuries
As temperatures drop and snowfall totals increase, more and more people will take to the slopes to unwind and relax. Skiing and snowboarding are popular yet challenging pastimes that provide thrills as well as health and fitness benefits. For beginners and the inexperienced, these sports can prove dangerous – or even deadly. In some cases,… Read More
Inferences Can Help Prove a Workers’ Compensation Claim
Sometimes the cause of a workplace injury is clear: a fall from a height or a faulty electrical outlet, for instance. Other times, however, a workplace injury can result in more questions than answers. Such was the case in the recent Reviewing Board decision of John C. Barry’s Case. For the employee, answering all possible… Read More
Police Officer May Not Be Able to Testify as to the Cause of an Accident
Introduction In a 2010 decision, Peterson v. Foley, 77 Mass. App. Ct. 348, the Appeals Court in Massachusetts examined whether a police officer who responded to an accident (but who did not observe the accident firsthand) could offer testimony in a civil case regarding the cause of an auto accident. The Appeals Court determined that, absent… Read More