Boston MA, Fatal Motorcycle Accidents
Let “The Workers Comp Attorney in Boston Ma” be by your side.
At the Law Offices of Barry Feinstein and Affiliates PC, we will protect you and your rights when you have been injured on the job.
Massachusetts Lawyer Representing Injured Bikers and Their Families
Motor vehicle fatalities are often sudden and devastating for the survivors and loved ones left behind. Even if a motorcyclist is driving as safely as possible, other drivers’ negligence can result in catastrophic accidents that result in death. Although nothing can truly repair the damage of losing a loved one in a sudden accident due to someone else’s negligence, your family can bring a wrongful death lawsuit to recover the compensation you need to cope with the loss.
At the Law Offices of Barry Feinstein and Affiliates PC, we have seen firsthand how traumatic this situation can be for a family. An experienced Massachusetts motorcycle accident attorney at our firm is available to provide compassionate and diligent legal counsel to injury victims throughout the state. We are ready to put our experience to use on your behalf.
Fatal Motorcycle Accidents
Motorcycle collisions can happen in many different situations. One of the most common ways is when a driver makes a left turn in front of a motorcycle with the right-of-way.
Sometimes drivers have difficulty seeing motorcycles, especially if there is inclement weather, road hazards, and obstructions, or if they are engaged in distracted driving activities like texting or eating. Drunk drivers also frequently cause fatal motorcycle accidents due to their inability to be aware of the circumstances on the road and their dramatically reduced reaction time.
Motorcycle accidents can also happen at intersections when drivers fail to yield the right-of-way or when a vehicle is merging or changing lanes. If this happens at high speed on the freeway, for example, then the outcome can be devastating.
Holding a Careless Driver Responsible
If you lost a loved one in a fatal motorcycle accident, you might be able to file a wrongful death claim against the driver of the vehicle that caused the accident, and a knowledgeable Peabody Fatal Motorcycle Accidents Attorney may assist you. In this case, the executor or administrator of the deceased’s estate might sue on behalf of the decedent for damages.
To win, the plaintiff must show that the decedent might have sued the defendant for personal injury if he or she had lived. In a motorbike accident, the victim may claim negligence, negligent entrustment, negligent hiring, and vicarious liability.
If the defendant fails to drive with the same amount of care and attention that a normal and responsible driver would employ in a comparable scenario, the plaintiff must prove negligence. This involves following traffic regulations, reducing speed in unsafe situations, and avoiding distracted driving.
Assuming that the plaintiff has successfully shown the defendant’s negligence, the plaintiff must next prove that the deceased would not have died but for the defendant’s negligence. This may be demonstrated by expert witness evidence, police records, and other means. In the last part of the action, the plaintiff must prove the amount of damages sought. This might include funeral and burial costs, as well as compensation for the loss of companionship, society, and support.
Massachusetts’s Workers’ Compensation Laws
Workers’ compensation insurance or self-insurance is required under Massachusetts law, Chapter 152.
Any worker or employee who has sustained a work-related injury or sickness as a result of an accident while on the job is entitled to benefit. The Massachusetts Department of Industrial Accidents (DIA) is responsible for enforcing workers’ compensation rules. If your claim is denied, our workers’ compensation attorney will go before The Department of Industrial Accidents and resolve any disagreements.
The statute applies to a wide variety of industrial mishaps, most often involving:
- Crushing injuries
- Construction injuries
- Manufacturing risks
- Loss of vision, hearing
- Broken bones and joints
- Motor vehicle injuries at work
- Traumatic brain or head injuries
- Injuries of state, municipal workers
Workers’ Compensation Injuries in Massachusetts
The workers’ compensation act covers almost all Boston workers. Benefits are payable to covered workers who sustain the following injuries or illnesses on the job:
- Clearly visible injuries or trauma
- Illnesses / Diseases (i.e., COPD, Cancer, Hepatitis, COVID-19)
- Mental/emotional disorders
- Disfigurement or Scarring
When you file for worker compensation payments, the insurance company will want to know everything about your injury. The vast majority of injuries should be covered, provided they happened while you were on the clock and doing your work obligations.
Suppose you were injured on the job in Boston and are now suffering from post-traumatic stress disorder (PTSD), clinical depression, crippling anxiety, or other mental health difficulties resulting from the injury. In that case, you should also be covered by a workers’ compensation claim for these conditions.
Injured workers may be eligible for workers’ compensation payments if they suffer from a work-related disease. For instance, if you work in the construction business and have been exposed to asbestos regularly and acquired mesothelioma, your employer’s workers’ compensation insurance coverage should jump in to compensate you.
Benefits from Workers’ Compensation
Employers are required to cover their employees under Massachusetts’ “no-fault” system in the case of an accident. Regardless of who was responsible, the wounded worker will be compensated for his or her injuries. In the event of an accident, incapacity, or death on the job, workers’ compensation covers the following:
- Medical treatment expenses
- Costs of prescription drugs
- Income lost as a result of injury
- Rehabilitation of the workforce
- Pensions for partial disability
- Total temporary disability
- Incapacity in its entirety on a permanent basis
- Permanent functional impairment
- Partial disfigurement or loss
- Benefits to survivors and dependents
Monthly cash benefits will be made to injured employees based on a determined percentage of their previous wages. Payments may continue until the ailment or sickness is resolved, and the individual can return to work.
If the worker’s impairment precludes him or her from working in the same or a comparable job, he or she may be trained for another. Survivors of workplace deaths are entitled to recoup workers’ compensation payments owing to the dead.
Which Rights Do I Have Under Massachusetts’ Workers Compensation Law?
In Massachusetts, workers’ compensation is an agreement made between employees and employers.
The following are some of the Massachusetts workers’ compensation benefits:
Medical Bills: As long as the medical treatment is appropriate and necessary for your job-related injury, the workers compensation insurance company is required to pay for it.
Wages: If you cannot work due to a complete disability, you are entitled to temporary, total disability payments.
Weekly benefit wages are calculated at around 60% of your total weekly earnings. If you can work light duty, you may be eligible to receive about 75% of your entire disability compensation.
Loss of Function: You may be eligible for a lump-sum payout if you incur a loss of function in a bodily component as a consequence of your work injury. A doctor will determine this proportion.
Scarring: If your work accident resulted in scarring to your neck, face, or hand(s), you might be eligible for a one-time payment to cover the cost of the scarring.
How to File a Workers Compensation Claim in Boston,
When filing a workers’ compensation claim in Boston, MA, it is critical to present all relevant information. Remember to mention the date and circumstances of the workplace accident and any symptoms you are having as a consequence of the workplace injury or sickness.
Certain Boston employers may need you to sign a written report. It is critical to complete the report correctly. Contradictions on these forms may be used against you, and you may be unable to get compensation benefits as a result.
Once the report is submitted, your employer is obligated to transmit it to the insurance company. If you have been absent from work for five days, your employer has seven days to disclose your injury to the insurance carrier. Your Boston employer is obligated to produce a copy of the insurance provider’s report.
What Is the Time Limit for Filing a Workers’ Compensation Claim?
The statute of limitations for workers’ compensation claims in Massachusetts is four years from the date of the injury. This implies that you may only petition for workers’ compensation benefits if the injury occurred within the past four years.
Occasionally, the Department of Industrial Accidents (DIA) may extend the four-year statute of limitations for submitting claims. If you are injured in a workplace accident and do not discover your injury until much later, you may be eligible for a worker compensation claim extension.
For instance, some occupational disorders might develop over time due to repetitive exposure to dangerous substances. In some instances, the DIA may extend the time period you must make a claim.
Make an appointment with a workers’ compensation attorney immediately. After notifying your employer of the job accident, your employer has one week to contact the insurance carrier. The insurance company has 14 to 30 days to notify the injured employee whether the claim has been approved or denied.
Suppose your claim is denied or your employer fails to inform the worker compensation company in a timely manner. In that case, you may make a claim with the Massachusetts Department of Industrial Accidents.
This is a complicated procedure, and it is in your best interest to have an expert attorney assist you in obtaining the workers’ compensation benefits you deserve.
What Can Workers’ compensation lawyers Do to Help You?
Workers’ compensation claims are complex and difficult, which puts you at a disadvantage if you attempt to handle them on your own. If you have been hurt on the job and are unsure what to do, have no fear—a compensation lawyer is on hand to assist you! With decades of expertise in workers’ compensation litigation, the Law Office of Barry Feinstein and Affiliates PC understand the ins and outs of claims and how the system works, ensuring that you have the finest possible team on your side.
With some types of injuries, you may accept an offer that is less than you need to manage and treat your condition or replace lost income. Workers’ compensation lawyers with experience, such as those at the Law Offices of Barry Feinstein and Affiliates PC, can assist you in pursuing benefits for which you were unaware you were entitled and will endeavor to establish a compelling case on your behalf.
Additionally, a workers’ compensation lawyer will gather invoices and proof, communicate with insurance companies, and negotiate on your behalf for a reasonable payment. While most matters are resolved outside of court, your attorney may defend you in front of a judge and jury if necessary.
Consult a Knowledgeable Motorcycle Accident Attorney in Massachusetts
There are few things more tragic than the sudden loss of a loved one. We have seen firsthand how a driver’s negligence can tear a family apart through representing individuals in accident fatality cases.
We are available to serve clients throughout Massachusetts, including in areas around Boston, Cambridge, Newton, Lowell, Waltham, Quincy, Dedham, Norwood, Somerville, Brookline, and Peabody. We offer a free case evaluation so you can learn more about your legal rights and how a workers comp lawyer at our Law firm may be able to assist you. Schedule an appointment with us today.