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PERSONAL
INJURY FAQs
CAR
ACCIDENT FAQs
WORKERS
COMPENSATION FAQs
SOCIAL SECURITY DISABILITY
FAQ's
PERSONAL INJURY FAQs
What is personal injury?
Personal Injury is a physical or mental injury to a person caused by
negligence or a harmful act. Personal injury is also known as bodily
injury.
Is medical malpractice
considered a personal injury?
Yes. Medical malpractice means that a health care provider caused injury
or death to a patient by failing to act within the applicable standard of
care. In other words, a physician or other health care provider commits
medical malpractice and is negligent when he or she fails to act
reasonably under the circumstances and the unreasonable conduct causes
harm.
What is a contingency fee?
Personal injury attorneys frequently use a contingent fee – wherein the
firm is only paid if you receive a recovery. This means that you do not
have to pay your attorney before, during or after your case if you do not
win. If you do win, your attorney fees will be directly attained from your
winnings.
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PERSONAL INJURY ANSWERS >
CAR
ACCIDENT FAQs
What should I do immediately
following a car accident?
Remain calm and wait for paramedics to arrive on the scene. If you are not
severely injured, collect all pertinent information from the other drivers
- driver’s license numbers, address, telephone numbers, insurance card
information, etc. Keep a daily journal beginning with the date of the
accident to document all physical and mental injuries, as well as document
your view of the accident.
Should I take the settlement my
insurance company is offering me?
You should not take any settlements offered by an insurance company
without first speaking with an experienced lawyer. Insurance companies
typically offer a minimal amount of money in return for your signature
stating that you will not sue them. Never take an insurance check without
first consulting an attorney.
I did not feel pain at the scene
and refused medical treatment. Now, a few days later I am in pain. What
should I do?
You should immediately consult your medical provider regarding any pain,
discomfort or possible injuries from a car accident, even if you think
they may be only minor injuries. Even if you did not complain of injuries
at the scene of the car accident, you may be entitled to payment of your
medical bills, compensation for pain and suffering, lost wages, loss of
earnings capacity, and emotional distress due to personal injuries. You
should consult an experienced Massachusetts car accident attorney to
discuss whether you need representation on your claim.
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CAR ACCIDENT ANSWERS >
WORKERS
COMPENSATION FAQs
How do I know whether I am
covered by workers' compensation?
Generally, there are two main factors that determine your status: first,
whether you are an employee, and second, whether your injury occurred as a
result of your employment.
Who pays for workers
compensation benefits?
The employer pays the cost of the workers’ compensation benefits for
injured employees or their families. Most employers have insurance that
covers the cost of providing injured employees with workers' compensation
benefits. In Massachusetts, an injured employee may bring a personal
injury action under Tort Law in the Civil Courts against an employer who
did not have workers compensation insurance when the employee was injured.
Should I hire an attorney to
handle my workers compensation case?
In order to be eligible for workers compensation benefits, your case will
need to be heard by a conciliator or administrative judge at the
Department of Industrial Accidents. The insurance company for your
employer will be represented at the Department of Industrial Accidents.
You too should have experienced counsel present.
What types of injuries are
covered by Worker's Compensation?
Any injury that arises out of and in the course of employment is
compensable. If an injury occurs at work regardless of who is at fault, it
will generally be covered unless the injured person is guilty of serious
and willful misconduct. Employees who become disabled due to repetitive
activities such as lifting are entitled to benefits under the law. In
addition, cumulative trauma/repetitive motion injuries such as carpal
tunnel syndrome and tendonitis are covered.
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WORKERS COMPENSATION ANSWERS >
SOCIAL SECURITY
DISABILITY FAQ's
What
is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance is a payroll
tax-funded, federal insurance program. Its purpose is to
provide income to people unable to work because of a
disability. It is administered by the Social Security
Administration.
How
would I qualify for SSDI?
To qualify for SSDI benefits, you must first be insured.
That means you must first have worked in jobs covered by
Social Security. Second, you must have a medical condition
that meets Social Security’s definition of disability.
In general, the Social Security Administration pays monthly
cash benefits to people who are unable to work for a year or
more because of a disability, and benefits usually continue
until you are able to work again on a regular basis.
What
is Social Security’s definition of “disabled”?
Unlike other programs, Social Security pays only for total
disability – not partial disability or short-term
disability. You are considered disabled if you cannot do
work that you did before, and Social Security decides that
you cannot adjust to other work because of your medical
condition. In addition, your disability must last, or be
expected to last for at least one year, or be expected to
result in death.
Benefits continue until you are able to work again on a
regular basis. Social Security also uses a number of “work
incentives” that provide continued benefits and health care
coverage to help you transition back to work.
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SOCIAL SECURITY DISABILITY ANSWERS >
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