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  • Attorney John Finbury takes novel issue in a negligence claim against the City of Haverhill to the Massachusetts Supreme Judicial Court, and wins.

    Click here to view opinion

    Click here to watch oral argument
  • $500,000 worker's compensation settlement
    for Massachusetts Home Depot employee who suffered severe spinal injury when he hyperextended his body in order to avoid being struck by employee pushing carriages towards him in an aisle.
  • $400,000 worker's compensation settlement
    for Massachusetts truck driver who injured lower back as a result of a fall in gas station while delivering gasoline.
  • $230,000 worker's compensation settlement
    for employee who developed RSD/CRPS following finger joint surgery for work-related repetitive stress injury.
  • $1.5 Million Verdict
    in Essex County for serious personal injuries caused by a drunk driver in a motor vehicle accident.
  • $1.4 Million Verdict
    in Essex County for a young man who was injured when a stool collapsed at a restaurant in Haverhill, Massachusetts. It was necessary to use experts in the field of medicine, economics, and vocational rehabilitation to prove the damages suffered by this client.
  • $1.3 Million Settlement
    In Essex County for an electrician injured in an arc blast while working in North Andover. He suffered burns and a fractured elbow. Medical, electrical and code experts were used to prove liability and damages. The firm is experienced in filing suit and litigating these types of cases in order to obtain the maximum benefit to which our clients are entitled.
  • $1.275 Million Settlement
    in Essex County where a motor vehicle chased by the police crashed and overturned resulting in injuries to a passenger. The injuries included fractured vertebrae which required surgery and which resulted in a permanent injury, as well as internal complications and lower leg ailments.
  • $1 Million Verdict
    in Essex County Superior Court (Lawrence, MA) for a wife who was beaten and stabbed by her husband, leaving her with significant permanent injuries.
  • $835,000 Settlement
    in New Hampshire for a medical malpractice claim and related workers' compensation claim involving a failed sympathetic block for complex regional pain syndrome.
  • $767,000 Settlement
    for a man who was partially paralyzed as the result of a motor vehicle collision. The plaintiff was a passenger in a vehicle in which the operator was over-served at a club in Haverhill. Expert testimony was used to prove that improper training and serving procedures led to the over-serving of alcohol.
  • $750,000 Verdict
    in Newburyport Superior Court for a woman injured in an auto collision. The insurance company offered $75,000 to settle, one-tenth of the ultimate verdict. That offer was refused and we went to trial. With interest the verdict exceeded $1,000,000.
  • $650,000 Settlement
    for a liquor liability case in New Hampshire
  • $450,000 Workers' Compensation Settlement
    where a New Hampshire employee was contaminated by chemicals in the air at his place of employment in Massachusetts.
  • $450,000 Settlement
    in Hillsborough County New Hampshire where a young teacher slipped and fell while exiting a convenience store resulting in orthopedic injuries and a closed head injury.
  • $400,000 Verdict
    in Middlesex County Superior Court (Cambridge, MA) for a young man injured at the Haverhill train station when the train began pulling away as he was boarding. A final offer of $25,000.00 was rejected. With interest, the final judgment was over $500.00.00.
  • $379,000 Arbitration Award
    For tenant in commercial lease dispute
  • $250,000 Verdict
    in Essex Superior Court (Lawrence, MA) for a mailman attacked by two dogs in the course of his employment, resulting in injuries to his back and neck as he was fleeing from the animals. With interest the judgment exceeded $316,000.00.
  • $250,000 Settlement
    in Rockingham county for a Newton, New Hampshire woman who was severely injured in a head-on collision resulting in multiple fractures.
  • $225,000 Settlement
    in Essex County where an employee slipped and fell on her way into work as a result of weather conditions. She settled with the workers' compensation carrier as well as the owner and property maintenance company.
  • $150,000 Verdict
    in Suffolk County for a patron of a bar whose leg was fractured by the negligent conduct of a security guard.
  • $150,000 Settlement
    in Rockingham county for a woman who was severely injured when she slipped and fell on water at a major department store. A lawsuit was necessary to obtain discovery which ultimately showed that the store allowed a freezer to leak for several days without adequate clean up..
  • $140,000 Settlement
    in Essex county for a Methuen woman who suffer a fractured hip on a dark outside stairway due to the landlord's failure to properly maintain the lighting.
  • $45,000 Settlement
    in Essex County for a boy under 2 years old who fell from a landing in a rented apartment due to improper construction of a railing.
  • $25,000 Settlement
    in Rockingham County for a man injured when he slipped on icy stairs at a mall in Southern New Hampshire as a result of negligent maintenance of the property.



Workers’ Compensation Information

Workers’ compensation is a form of insurance that almost all employers are required to carry to compensate their employees for job related injuries. Any injury or illness that is employment related is generally within the meaning of a workers’ compensation injury. There are three important differences between workers’ compensation statutes and general personal injury claims.

First:

Under workers’ compensation statutes the employee does not have to prove that his injury was caused by his employer’s negligence. Instead, all the employee needs to show is that the injury was work related.

Second:

The employee’s sole recourse against the employer for work related injuries is a workers’ compensation claim. The worker is not permitted to bring a suit against an employer or co-workers for work related injuries.

Third:

The compensation an employee is entitled to is dramatically less than the compensation available in a general personal injury claim. The types of benefits potentially available for an employee’s work related injuries are: medical bills, vocational rehabilitation training, temporary total disability, partial disability and total and permanent disability and death benefits. In addition, depending on the state, the benefits for temporary total and partial disability may have time limits.

BENEFITS THE INJURED WORKER MAY BE ENTITLED TO RECEIVE

  • Medical Bills: The employee is entitled to have all approved medical and hospital bills paid in full by the insurance company so long as they are reasonable, related and necessary.
  • Vocational Rehabilitative Training: If unable to return to the job he or she had before the injury, the employee may qualify for vocational rehabilitative benefits which train the employee for a new line of employment. These benefits can include assistance in job searches and placement, training materials, schooling and related expenses.
  • Temporary Total Disability: Temporary total disability benefits are generally available while the employee is recovering from the work-related injury and can prove that he/she cannot do his regular job. In Massachusetts and New Hampshire the employee receives sixty (60%) percent of the average weekly wage earned. This compensation usually continues until a treating doctor determines that the injury has improved to the point that the employee can return to work, either in a partial capacity or full time.
  • Temporary Partial Disability: If a finding is made that the employee can do some work, then benefits may be paid for partial disability at a rate of sixty (60%) percent of the difference between what the employee is able to earn and the former average weekly wage.
  • Total and Permanent Disability: If the employee is unable to hold any gainful employment because of a work related injury, and the condition is a permanent one, then the employee will be entitled to this compensation. At this point it is appropriate to file for Social Security disability or other long-term disability entitlements.
  • Death Benefits: If the employee is killed or dies as a result of a work related injury, then the qualified surviving dependents (those persons who relied on the deceased employee for their support) will receive death benefits.

THIRD PARTY LIABILITY

Many states, including Massachusetts and New Hampshire, permit an injured worker to sue a third party or outsider who causes or contributes to an on-the-job injury. Thus, a worker may have both a tort claim against the outsider (such as the manufacturer of a machine used on the job) and a compensation claim against his or her employer, subject only to certain adjustments or offsets to prevent "double recovery".

IF YOU HAVE BEEN INJURED ON THE JOB

If you are injured on the job, immediately report your injury to your employer. Your employer should arrange for the treatment of your injury by referring you to a doctor. If your employer has been notified of your injury and fails to make arrangements for you to seek a doctor, then you may choose your own doctor. (Sometimes you are required to treat "within the network"). Your employer will also provide you with a claim form. On this form you will be required to explain the circumstances of your injury including when, where, and how the injury occurred. Fill out the form completely and return it to your employer. Be sure that our employer signs and dates your copy, and that you keep a copy of the claim form. If your claim for workers’ compensation is denied by the employer’s insurance company or it is taking too long to process, then you or we would need to file a formal claim for an administrative adjudication, usually with the agency that handles workers’ compensation claims in your state (in Massachusetts it is the Department of Industrial Accidents; in New Hampshire it is the Department of Labor). To ensure that you receive all of the benefits you are entitled to receive click below.

WORK RELATED INJURIES AND SEEKING QUALIFIED COUNSEL

You have the right to seek assistance from an attorney for work related injuries. An experienced lawyer can help ensure that you receive the full benefits you are entitled to for your injury. For instance, there are certain time limits for filing claims under workers’ compensation statutes. An experienced lawyer can ensure that you do not lose benefits because of these time limitations. Additionally, a lawyer can also help you determine whether any third party (such as a manufacturer of the equipment, which caused the injury) may also be liable by way of a civil lawsuit.

Do you have a claim? Contact us for your free consultation.