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Democratic 2022 Councillor

CHRISTOPHER A. IANNELLA Jr.

Christopher A. Iannella was a member of the Boston City Council in Boston, Massachusetts, for 33 years, spanning the late 1950s until his death. He also served eight one-year terms as City Council president.

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  May-2023- Last update

Automobile Accidents

Automobile accidents are one of the most common causes of personal injuries. Many of these accidents can cause severe injury, permanent disability, or even death. Such injuries and trauma often result in compensable damages such as pain and suffering, emotional distress, lost wages, medical expenses, and property damage.

Unfortunately, many victims of automobile accidents do not receive the full compensation to which they are entitled. Such victims are not fully aware of the value of their damages and often accept the first settlement offer made by the at-fault driver’s insurance company. Insurance companies may take advantage of a victim who is not represented by a knowledgeable attorney by issuing settlement offers that seriously undervalue the amount of damages associated with the victim’s injury.

In order to best protect your interests and obtain the maximum compensation for your injury, it is wise to contact a qualified Massachusetts personal injury lawyer.

Iannella & Mummolo Motor Vehicle Accident Lawyers Can:

  • Preserve evidence and interview witnesses in order prove liability against wrongdoers
  • Ensure that victims receive proper medical care
  • Provide an understanding of the relevant laws
  • Properly document injuries and damages to ensure that victims receive full compensation

    Frequently Asked Questions

    Will Insurance Cover My Expenses Following A Car Accident?

    Your particular policy determines whether or not insurance will cover your expenses following a car accident. First-party coverage insures both you and your property. Third-party coverage, on the other hand, covers other people and their property involved in car accidents where you are at fault. Keep in mind, however, that different types of coverage exist, and each type offers its own benefits. For example, comprehensive coverage covers your vehicle in the event of fire, theft, vandalism, and acts of nature, while collision coverage insures your vehicle in the event of an automobile accident.

    Your insurance carrier or a personal injury lawyer at Iannella & Mummolo can help you understand these policies and explain the benefits to which you are entitled.

    Regardless of your coverage, every insurance company requires that you to contact one of its representatives immediately following an automobile accident. If you fail to report an accident in a timely manner, the insurance company may try to deny coverage.

    In addition to contacting your insurance company, you should file a police report if 1) you are injured or 2) the damage to either vehicle involved in the accident exceeds a certain amount (this amount varies from state to state, but typically falls between $200 and $500). Also, be sure to receive proper follow-up care for your injuries. An attorney from Iannella & Mummolo can inform you of your particular state's laws regarding automobile accidents.

    No-Fault and At-Fault Laws: How Do These Affect My Case?

    Liability laws vary from state to state. Approximately half of all states have adopted no-fault liability laws, which deem everyone involved in a car accident responsible for her/his own damages. However, most of these states allow exceptions to these laws, particularly if a person sustains a serious personal injury or if property damage exceeds a specific amount. The other half of the states have enacted at-fault liability laws, which require the responsible party to pay damages for everyone injured in the accident.

    What Should I Do If I Am In A Massachusetts Car Accident:

    Prior to leaving the scene of a car accident, it is important to collect the following information, regardless of who is at fault. Your personal injury lawyer needs this information to help prepare the most effective case:

  • Names, addresses, and telephone numbers of drivers and their license numbers
  • Names, addresses, and telephone numbers of passengers
  • Names, addresses, and telephone numbers of any witnesses
  • Names and addresses of the vehicles’ registered owners
  • Names of insurance companies and policy numbers
  • Location of the accident
  • How the accident occurred
  • Whether or not any of the drivers seemed to be under the influence of drugs or alcohol
  • List of injuries
  • Damages to vehicles
  • Names of police officers that responded to the scene
  • Whether or not anyone admitted fault, which you should be careful not to do
  • From here, an experienced automobile accident attorney at Iannella & Mummolo can advise you on the next steps to take.

 

  May-2023- Last update

Bicycle Accidents

The rules of the road apply to both automobiles and bicycles. However, automobile drivers sometimes lack proper awareness of their surroundings, which often leads to accidents with bicyclists.

If an automobile operator negligently causes an accident which results in injuries to a bicyclist, the operator may be liable to compensate for damages. Another frequent cause of bicycle accidents is roads in disrepair. In such an instance, the responsible local government entity may be liable but note, written notice of intention to file a claim or lawsuit against a government due to road conditions is often required immediately after the occurrence of the accident, so it is important to seek out legal help as soon as possible.

If you or a loved one has been injured in a bicycle accident caused by another party, legal help should be sought out immediately. Contact an experienced attorney at Iannella & Mummolo for help in pursuing your rightful benefits.

  May-2023- Last update

Construction Accidents

The Law Office of Iannella & Mummolo has specialized in providing representation for serious personal injuries that have resulted from accidents on Massachusetts construction sites for over 25 years. In addition to employers carrying mandatory workers’ compensation insurance, contractors are required to carry commercial liability insurance which covers injuries sustained by non-employees on a construction site.

However, general contractors and subcontractors often carry complex insurance policies which require experienced attorneys to strategically determine the best way to proceed with a claim to compensate damages for an injury, including the decision as to which contractors should be listed as possible defendants in the suit.

If you or a loved one has been injured on a construction site, contact the experienced attorneys at Iannella & Mummolo immediately.

  May-2023- Last update

Dangerous Drugs and Devices

Every year, an estimated 200,000 Americans die from adverse reactions and side effects to prescription drugs. Thousands of other Americans are seriously injured and sometimes die from adverse reactions and side effects associated with common over-the-counter medications.

Drug manufacturers pressure the Food and Drug Administration (FDA) to approve drugs quickly, before all of the data on side effects has been gathered. This “fast track” approval process generates millions of dollars for the pharmaceutical companies, at the cost of human lives.

  May-2023- Last update

Dog Bites

Some dog breeds are, by nature, more aggressive than others. Dog owners and keepers are strictly liable for the injuries and property damage caused by their dog, so long as the injured victim was not trespassing or inciting the dog to react aggressively (this exception is treated differently if the victim is a child under the age of seven). Dog bites can be so severe as to require extensive medical treatment and warrant missing time from work and it can be helpful to have a lawyer assist you in receiving compensable damages.

If you or a loved one has sustained an injury from a dog bite, contact an experienced Iannella & Mummolo personal injury attorney today.

  May-2023- Last update

General Liability

Property owners, businesses, and contractors must adhere to a legal duty of reasonable care. If you are injured as a result of a business’ or individual’s breach of this duty of care, you will be entitled to compensation for all resulting damages, including: medical bills, lost wages, and other related expenses incurred as a result of your injury.

Some of the most common injuries occur when a surface is slippery or defective in such a way as to cause an individual to slip and fall. Another common example occurs when a home or business owner does not safely maintain its property, leading to dangerous conditions. If you believe that you or a loved one was injured as a result of negligently maintained property, do not hesitate to contact an experienced Iannella & Mummolo personal injury lawyer today.

  May-2023- Last update

MBTA Accidents

The Massachusetts Bay Transportation Authority is responsible for providing public transit throughout Greater Boston and is one of the busiest transportation systems in the United States. Thus, the chances of an injury occurring is greater due to the sheer volume of passengers and number of rides provided each day.

Many types of injuries are possible, including:

  • Slip and fall on the premises at a transit station
  • Negligent operation of a bus or subway train resulting in an accident
  • Accidents involving pedestrians
  • Negligent security or maintenance resulting in injury

If an injury occurs due to the fault of the MBTA, it is important to contact an experienced attorney as soon as possible in order to protect your ability to receive compensation. Claims against the MBTA must be filed within three years of the accident, and notice of the incident must be reported to the MBTA within two years of the accident.

If you or a loved one sustained an injury resulting from an accident while traveling in transit provided by the MBTA, contact an experienced personal injury attorney at Iannella & Mummolo today.

  May-2023- Last update

Medical Malpractice

Medical malpractice is a type of personal injury that is caused when doctors, nurses, and other medical professionals make errors in the course of a patient’s care. These mistakes, which can result from many situations, including poor judgment, negligence, and overworked/understaffed facilities, are unacceptable and often punishable by law.

Reports show that five to ten percent of patients who are admitted to hospitals will fall victim to medical negligence, whether in the form of surgical mistakes, wrong prescriptions, birth injuries, or other types of errors. In fact, up to 98,000 people die yearly from preventable medical errors. At Iannella & Mummolo, we are dedicated to getting you the compensation you deserve if you were injured as a result of medical negligence.

If you feel that you or a loved one has been a victim of medical malpractice, you may be eligible to file a personal injury claim. Contact our office today to see if our staff of highly qualified Massachusetts personal injury lawyers can help with your case.

It is important to file your medical malpractice claim as soon as you become aware of the personal injury. The statute of limitations varies from state to state. Therefore, it is vital to contact one of our experienced personal injury attorneys today.

Types of Medical Malpractice Cases and Claims

Medical malpractice covers a wide variety of injuries suffered at the hand of a physician, surgeon, nurse, hospital, medical laboratory, clinic, dentist, or other type of medical provider.

Some of the most common medical malpractice cases and claims include:

  • Surgical errors
  • Cancer misdiagnosis
  • Prescription errors
  • Anesthesia errors
  • Birth complications
  • Misread diagnostic tests
  • Faulty blood transfusions
  • Hospital/emergency room negligence
  • Failure to provide appropriate treatment
  • Treatment delays

Informed Consent and Medical Malpractice

For most increased-risk procedures, such as organ transplants, medical professionals require patients to sign consent forms prior to surgery. These consent forms prove that the patients were cognizant of the inherent risks prior to their procedures. However, if medical professionals provide substandard care, they are not authorized to fall back on these informed consent forms. For example, if a patient undergoing liposuction dies because her doctor failed to catch an infection, the doctor can still be found guilty of medical malpractice or negligence, even if the patient had signed a consent form. If you signed a consent form for a medical procedure, but were injured because of your medical professional’s mistake, you may still be eligible to file a malpractice claim.

 

  May-2023- Last update

Motorcycle Accidents

Motorcycle riders are entitled to the same rights on the road as automobile operators. The most common reason for the occurrence of motorcycle accidents is negligence by operators of motor vehicles. Because motorcycles provide less protection than an automobile, injuries to motorcycle operators tend to be much more severe. An injured motorcycle operator will need to prove the at-fault operator’s negligence by proving a failure to use reasonable care which resulted in the accident which caused the injury.

Massachusetts law does not require insurers to provide personal injury protection insurance (PIP) on motorcycle policies, so motorcycle operators will often not be covered if an accident occurs. As a result, motorcycle operators should carry adequate healthcare and a specific motorcycle insurance policy. If a motorcycle operator is injured as a result of an accident and is not at fault, the injured operator may pursue a claim against the at-fault operator’s insurance policy.

If you or a loved one have been injured in a motorcycle accident, contact an experienced attorney at Iannella & Mummolo for help in pursuing your rightful benefits.

  May-2023- Last update

Nursing Home Negligence

Most families eventually face a difficult decision regarding the placement of an elderly relative in a nursing home where trained professionals are always available to provide proper care and medical treatment. Unfortunately, nursing home abuse and neglect can occur, leaving families to deal with the consequences of the improper care and treatment rendered to a loved one.

A claim arising out of nursing home abuse or neglect is, by nature, a form of medical malpractice where the victim alleges that the nursing home and its medical staff were negligent by failing to render proper care to a nursing home resident.

It is essential to know your rights in these situations and work with an experienced personal injury lawyer. At Iannella & Mummolo, qualified attorneys are available to assist those families whose loved ones have been the victim of nursing home abuse or neglect. For more information and assistance, contact our office today.

  May-2023- Last update

Personal Injury

A Personal Injury Attorney May Help You Take Proper Action After An Accident

Dealing with the physical pain and emotional stress involved with a personal injury is not only overwhelming and taxing, but it is further complicated when one does not know how to pursue just compensation. If you have suffered a personal injury, it is in your best interest to speak with a Massachusetts Personal Injury Lawyer immediately so that you will learn about your rights and options in order to determine the next steps given your current situation.

While insurance representatives, family members, and friends may provide conflicting information and advice, at Iannella & Mummolo our personal injury attorneys can help to eliminate the confusion, allowing you to move forward with confidence.

Be mindful that insurance companies often try to minimize the exposure of their liability, sometimes at the expense of the rights of an injured person. The best way to defend yourself and fight the insurance companies for damages to which you are entitled by law is to have an experienced personal injury lawyer.

Our goal at Iannella & Mummolo is to help you understand the legal process regarding the pursuit of compensation resulting from personal injuries and fight to ensure you receive a just award. If you or a loved one have suffered a personal injury, it is essential to act quickly. Statutes of limitations on personal injury claims in Massachusetts require that a claim be commenced within three years; with some types of injuries the statute only two years. Contact us for a commitment-free consultation with one of our personal injury attorneys.

Some Common Types of Personal Injury:

Motor Vehicle Accidents

  • Automobiles
  • Cars
  • Trucks
  • Vans
  • Motorcycles

Product Liability

  • Defective Drugs
  • Tire Failures
  • Brake Failures
  • Air Bag Injuries

Public Transportation Accidents

  • Railroad Accidents
  • Bus Accidents
  • Plane Crashes

Work Injuries

  • Workers' Compensation
  • Construction
  • Machinery / Assembly Line Injuries

Recreational Vehicle Accidents

  • ATVs
  • Boating

Intentional and Miscellaneous Injuries

  • Sexual Abuse
  • Police Brutality
  • Brain Injury
  • Burn
  • Dog Bite
  • Slip and Fall
  • Spinal Injury

Hazardous Exposure

  • Pollution
  • Chemical Exposure
  • Mold
  • Lead Poisoning

If you need help or more information, do not hesitate to contact our office. We are dedicated to getting the injured the compensation that they deserve.

  May-2023- Last update

Product Liability

If you have been injured by a defective product, you could be entitled to a monetary settlement or judgment.

A product may be defective if it is designed or manufactured improperly. Flawed engineering designs may result in an unsafe product that causes injury to consumers. Manufacturing defects involve faulty materials or assembly of a product.

In a products liability case, the law may find blame with any or all parties involved in the manufacture of a product. This can include the designer, manufacturer, supplier, and retailer. Only an experienced personal injury attorney can determine the proper course of action to ensure victims get the compensation they deserve.

If you or a loved one has been injured by a defective product, contact our highly qualified legal professionals for a commitment-free consultation.

Common Product Liability Cases

Artificial Disc Surgery

Charite artificial discs have been associated with life threatening side effects which have made many surgeons reluctant to use the product.

Baxter Pumps

In October, 2005, The New York Times reported that battery failures in the pumps have been linked to patient deaths.

Cordis Cypher Coronary Stents

Cypher stents are associated with adverse events in patients who received the device.

Drug-Eluting Stents

These stents have been associated with adverse events in patients who received the devices.

Flextome Cutting Balloon Device

This angioplasty device has been recalled due to its breaking during surgical removal procedure.

Guidant Ventak Prizm 2 Defibrillator

This defibrillator was sold even after Guidant discovered an electrical flaw that could short-circuit and disable the device.

Guidant Endovascular Grafts

Manufacturer pleaded guilty to complaints that they covered up known serious side effects, including deaths resulting from this device.

Hernia Repair Patch

The Bard Composix Kugel Mesh Patch was recalled by the FDA in December 2005 because it poses potential serious health risks to patients.

Meridian Dialysis Device

Serious injury and death have been linked to faulty tubing on this device.

Panacryl Sutures

These sutures have been linked to post-operative infections.

Smith & Nephew Knee Implants

The knee replacement devices were recalled after being linked to painful complications.

St. Jude Heart Valve

These valves were found to be prone to leaks resulting in heart failures.

St. Jude Symmetry Bypass System

Defective device in aortic connector could result in post-operative injuries and death.

Tainted Tissue Transplants

Unsanitary and diseased human tissue has been used in transplant procedures.

Taxus Stents

Taxus stent has been associated with adverse events in patients who received the device.

Vena Cava Filters

Pulmonary embolism prevention device has been linked to cardiac arrest and death.

ReNu Solution

Contact lens solution linked to infections.

The law limits the amount of time after a patient incurs an injury to file a lawsuit. The amount of time varies based on the theory of liability and the state in which the victim files the suit. The sooner you contact a lawyer, the faster you can receive the money you deserve.

  May-2023- Last update

Slip and Fall

Slip and falls are one of the most common causes of personal injuries. An unassuming victim could risk serious injury just by stepping on to a slippery or defective surface.

Premises liability is the law that governs slip and fall accidents and determines who is at fault. These laws vary depending on the state and jurisdiction. It is important to note that liability is determined by certain factors and circumstances unique to each particular case. Hiring an experienced attorney is an essential step in filing a personal injury claim in these scenarios.

Each case considers: (1) whether the property owner took reasonable precautions to make the area safe; and (2) whether the victim was careless, thereby contributing to the accident. For example, a restaurateur is not necessarily liable if someone fell on a wet floor in the restroom if the area was clearly marked with a yellow "caution" sign.

If you sustained an injury as a result of a slip and fall accident, please contact our highly qualified legal professionals at Iannella & Mummolo.

When Is The Property Owner Liable?

For a property owner to be deemed liable in a premises liability case, the victim must prove the following:

  • That the property owner caused the unsafe condition and the subsequent slip and fall accident (e.g. by spilling something and not cleaning it up, by digging a barely visible hole in a heavily trafficked area, etc.)
  • That the property owner knew or should have known about the condition but did not try to correct it within a reasonable time (e.g. by failing to post a sign on uneven ground, etc.)
  • That the property owner should have known about the danger because a "reasonable" person would have identified the problem and taken steps to prevent injuries caused by the potential slip and fall accident

What Is Considered Reasonable?

In order to establish whether a property owner's actions were reasonable, the court must consider how long the unsafe condition existed that contributed to the slip and fall accident. This determines whether the property owner had time to discover and, ultimately, correct the unsafe condition. The court also must consider whether the steps taken by the property owner were appropriate, and whether the carelessness of the victim contributed to the slip and fall injury.

It is important to understand that the “reasonable” person standard applies to both the property owner and the victim. If the victim was somewhere trespassing or engaged in inappropriate activity, the property owner may be absolved of any responsibility. For example, if someone wanders off marked paths or skateboards down stairs, s/he may bear responsibility for her/his own slip and fall accident. Likewise, if a dangerous condition is open and obvious, could a “reasonable” person have avoided it? The victim's own carelessness may be at fault, instead of the property owner's supposed negligence.

To help determine who is to blame for your slip and fall injury, ask yourself the following questions:

  • If you slipped on a spill, had it been there long enough that the property owner should have been aware of it?
  • Did the property owner employ a standard cleaning/maintenance schedule for the premises and, if so, can the owner offer proof?
  • If you tripped at a business, was the location or placement of the items necessary and reasonable? Could they have been placed in a safer and more convenient location? If not, could a proper barrier or warning sign have prevented the slip and fall accident?
  • Was the slip and fall accident caused, at least in part, by poor or dim lighting?
  • Did you have a valid reason to be at the site of the slip and fall accident?
  • Were you paying full attention to your surroundings at the time of the slip and fall accident?
  • Was the area properly labeled with any warning signs?
  • Could a “reasonable” person have avoided the slip and fall accident?

While these questions are important to consider, only a qualified personal injury lawyer, who specializes in premises liability, can help you most accurately determine whether or not you have a case.

If you or a loved one were injured in a slip and fall accident, contact Iannella & Mummolo for a commitment-free consultation.

Special Situations That May Affect Your Case:

Trespassers

Property owners are not necessarily subject to premises liability laws when trespassers are injured on their property. This holds true for burglars and other uninvited guests.

Children

Children are an exception to the trespassing law because they often do not perceive danger as well as adults. A property owner must take steps to ensure the safety of children who play in the area, even if they are trespassing.

Workplace Accidents

Workers' compensation laws hold employers strictly liable for most on-the-job injuries, including those resulting from slip and fall accidents. However, the injured worker is entitled to different benefits and damages under the workers’ compensation statute. For injuries that result during the course of employment by a negligent third party (who is NOT the employer), the injured worker may be eligible for workers’ compensation benefits AND have a valid claim for damages against the liable third party.

Government Property

If the injury occurs on government property, such as public parks, the federal or state government may bear legal responsibility for the injury sustained on such premises. Slip and fall / premises liability cases against the government are covered by the Federal Tort Claims Act or similar state Tort Claims Acts. Such cases must be brought forth within a certain time limit.

For more information regarding Massachusetts slip and fall cases or any other type of Massachusetts personal injury case, please do not hesitate to contact our experienced legal professionals.

  May-2023- Last update

Snow and Ice

The accumulation of snow and ice can increase the risk of an injury resulting from automobile accident or a slip and fall. Accidents often occur due to negligence on behalf of an automobile driver or a property owner who fail to take reasonable precautions.

With regard to slip and fall injuries, all hazards arising from snow and ice require the property owner to fulfill the same obligation of reasonable care that a property owner owes to lawful visitors regarding all other hazards, with an exception that the property owner is allowed a reasonable time to clear the snow and sand/salt the ice after the conclusion of a snow storm.

If you or a loved one were injured as a result of a negligent driver or a property owner who failed to make his premises safe after a snow storm, contact the qualified team of personal injury lawyers at Iannella & Mummolo in order to protect your rights and receive just compensation.

  May-2023- Last update

Social Security

Have You Been Denied Social Security Disability Benefits?

Unfortunately, the Social Security Administration denies many claimants who are truly disabled. It takes an experienced lawyer, with extensive knowledge of the laws and medical listings, to provide disabled claimants with the benefits that they deserve.

At Iannella & Mummolo, we take pride in our commitment to be the most effective means of introducing claimants with Social Security Disability inquiries to experienced attorneys who can provide accurate and knowledgeable answers.

What Are Social Security Disability Benefits?

If you are a worker suffering from a disability, you may be qualified to receive monetary benefits from the Social Security Administration or from your local Social Security office. These benefits are referred to as Social Security Disability Insurance benefits (SSDI). Depending on the situation, these disability benefits may be granted to you and/or your dependents.

Who Is Eligible To Receive Social Security Disability Benefits?

In general, the Social Security Administration will pay cash benefits to those who are unable to work for at least one year because of a physical or mental disability. In order to receive these benefits, a claimant must prove the existence of a disabling condition.

How Does The Social Security Administration Define "Disability"?

Disability is based on an individual’s inability to work. A disability exists if the claimant is unable to perform the type of work previously held and cannot adjust to other types of work due to at least one medical condition. To qualify for Social Security disability benefits, a claimant’s disability must last, or be expected to last, for at least a year or result in death.

How Much Money Will I Receive If I Qualify For Social Security Disability Benefits?

If you are under the age of 65 and qualify for Social Security disability benefits, you may receive monthly cash benefits in the same amount you would have, had you retired at the age of 65. This holds true for as long as you remain disabled.

Should I Retain A Lawyer To Represent Me In My Social Security Disability Claim?

While a claimant is not required to have legal representation when filing a Social Security disability claim, retaining an experienced attorney is highly recommended, especially if the claimant’s initial application is denied.

How Can A Lawyer Help Me Obtain Social Security Disability Benefits?

An experienced lawyer can help strengthen your claim in many ways including, preparing, and submitting additional evidence to have your claim reconsidered for approval if it was denied, and arguing on your behalf at a formal hearing before a Social Security Administration judge.

At this hearing, an attorney will: prepare you to testify effectively; present various forms evidence in support of your claim; and cross-examine adverse witnesses called by the Social Security Administration. If your claim is unsuccessful at the hearing, a lawyer can also appeal the judge’s decision to the Appeals Council, and later appeal to the United States District Court.

Statistics demonstrate that claimants with legal representation are much more likely to succeed than claimants who choose to forgo retaining legal assistance. Therefore, your claim is likely strengthened by retaining an experienced attorney.

Hiring A Lawyer To Represent You

Attorneys who handle Social Security disability claims will represent you on a contingent fee basis. In other words, there is no attorney fee if your case is lost. You are required to pay a fee for your attorney's services only if your claim for disability benefits is awarded.

The charge is either 25% of past-due (retroactive) benefits or $6,000.00, depending upon which amount is less. Also, if your attorney incurs out-of-pocket expenses connected to your legal representation, these expenses will be included at the conclusion of your case.

When Should I Contact A Lawyer?

At the very latest, you should contact a lawyer immediately upon receiving notice from the Social Security Administration or local Social Security office that your initial application for disability benefits has been denied. Studies show that claimants with legal representation are more successful than those without legal assistance, and therefore, a lawyer is likely to improve your chances of receiving disability benefits.

  May-2023- Last update

Veterans' Benefits

Soldiers can return from war with a number of conditions, injuries, and aggravated preexisting conditions. According to Veteran's Affairs (VA), 60,000 U.S. service personnel have been wounded or have struggled with psychological disorders in the wake of their tours in Iraq since 2003. The percentage of amputees is the highest since the Civil War and the VA estimates that up to one-third of all those who have served in Iraq suffer from Post-Traumatic Stress Disorder (PTSD).

If you believe you have a combat- or service-connected physical or psychological injury you may be entitled to Veterans' Disability Compensation. It can sometimes require an experienced attorney to get the benefits you have a right to receive.

Veterans who have served our country should be treated with the honor and respect they deserve! Don't spend another day worrying about how you will pay your medical bills and support your family. Don't continue to think that you are not entitled to disability benefits because your application has been denied.

  May-2023- Last update

Workers' Compensation

Workers' compensation insurance is a state-mandated benefit system designed to protect employees who sustain injuries during the course of their employment.

Attorneys at Iannella & Mummolo can assist employees involved in any work-related injury, whether it results from repetitive use of a body part, such as typing on a computer keyboard in an office, or from a single traumatic incident, such as falling from a beam on a construction site.

Employers are required to have workers’ compensation insurance policies which pay for medical bills and lost wages resulting from such injuries, regardless of who is at fault. In exchange for these benefits, however, the injured worker forfeits his/her right to sue his/her employer. Most employers purchase workers' compensation insurance plans from insurance companies specifically designed to provide benefits for their employees. Most states mandate these plans, with the exception of a small number of jurisdictions that allow larger companies to insure themselves. Smaller companies, however, such as those with just a handful of employees, need not purchase such plans.

The goal of workers' compensation insurance is to facilitate the process of allowing the injured employee to return to work as fast as possible without inflicting unnecessary hardship or loss of business on the employer.

Third Parties and Workers' Compensation Law

While injured employees who accept workers' compensation insurance benefits are not permitted to sue their employers, they are entitled to sue negligent third parties who are responsible for their injuries. For example, if an employee sustains an injury on the job while climbing a ladder that suddenly snaps and accepts workers' compensation damages, the employer cannot sue the employer. However, the injured employee can file a claim against the manufacturer of the defective ladder. It should be noted that if the employee wins a personal injury lawsuit against the ladder manufacturer, the workers’ compensation insurer who also paid benefits on the claim is legally entitled to recover a portion of the benefits paid out of the third party settlement or judicial award. The employer may sue the negligent ladder manufacturer, if the employee chooses not to do so, in order to recover some of the funds that the third party would have paid the injured worker.

Types of On-The-Job Injuries That Qualify for Workers' Compensation Insurance Benefits

Workers’ compensation benefits are most often provided to employees who sustain injuries resulting from specific incidents. However, such benefits are not limited to specific accidents that result in physical injury. Illnesses caused by exposure to certain toxic elements or physical injury resulting from repetitive use of a body part may also qualify as eligible grounds for obtaining benefits.

If an employee suffers from a pre-existing physical condition which is worsened by a work-related injury, workers’ compensation benefits will be awarded if the work-injury is the major, but not necessarily predominant, factor for the employee’s disability and need for medical treatment.

While workers’ compensation may cover medical costs and resulting disability from mental or emotional illnesses, such cases are difficult to prove due to their subjective nature. Additionally, mental or emotional illness arising principally from a bona fide personnel action such as a transfer, promotion, demotion or termination is not covered by workers’ compensation benefits unless such action is proved to have been made as an intentional infliction of emotional harm.

Workers' Compensation Laws and Exemptions

Some types of on-the-job injuries may not merit workers' compensation insurance benefits, including:

  • Self-inflicted injuries (such as those incurred in a fight between two employees)
  • Injuries incurred while an employee is breaking the law (e.g. a delivery worker robbing a receptionist at one of his sites)
  • Injuries incurred while the employee is not working
  • Injuries incurred while the employee is violating company policy

In addition, some workers are excluded from receiving workers' compensation insurance benefits, including:

  • Shop owners
  • Farm workers
  • Railroad employees
  • Maritime workers
  • Volunteers
  • Independent contractors
  • Federal government workers

To determine whether you are eligible for workers' compensation, we advise you to speak to your employer and then consult with one of our attorneys who specializes in workers' compensation laws.

What Workers' Compensation Benefits Might I Be Entitled To?

 

If you have been injured on the job, you may be eligible to receive compensation to cover the following:

  • Medical costs
  • Indemnity payments up to 60% of your average weekly wage (tax-free)
  • Vocational rehabilitation (job training, placement assistance)

Choosing Between Your Own Doctor and the One Provided By Your Employer

Massachusetts law states that a workers’ compensation insurer is entitled to choose a doctor to examine an injured employee after an injury occurs. However, the injured employee has the right to then seek treatment with any other doctor that accepts workers’ compensation insurance.
When visiting any doctor selected by a workers’ compensation insurer, honestly describe exactly how you were injured, its impact on your ability to perform daily activities, and your medical history. Missing one of these appointments or not cooperating with the insurer’s doctor will negatively affect your ability to collect benefits.

It is in your best interest to hire a personal injury attorney who specializes in workers' compensation law if you or a loved one are disabled as a result of your injury or your claim for benefits has been denied. In either case, be sure to save all documents, including any doctor's reports and documents from your employer and workers’ compensation insurer. Please do not hesitate to contact our team of highly qualified legal professionals to learn more about your rights.

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