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Worcester Personal Injury Law Blog

Car accident with pedestrian sends man, 28, to hospital

If there is a car collision in Worcester or anywhere else in Massachusetts, there can be serious injuries, long-term damage, significant medical expenses and worse. When these accidents involve a vehicle and a pedestrian, the danger of the person who was hit being injured badly or even killed are much higher than they are if the accident is between vehicles. After a pedestrian-car accident, the injured person should know that a full accident investigation must be conducted and that it is possible to receive compensation through a legal filing to cover all that was lost.

In a mid-afternoon accident, a pedestrian was hit by a car. The man, 28, was hit by a 2015 Toyota Sienna being driven by a 52-year-old man at around 3 p.m. He suffered serious injuries. The initial investigation states that the vehicle was heading south in the left lane at the time of the crash. The pedestrian hit the hood and the windshield and flew up in the air before landing in the road. He was physically stabilized at the site of the crash and taken to the hospital. The driver stayed at the scene. The case is still being investigated.

What medical benefits do I get under workers' compensation?

One of the biggest questions that an injured Massachusetts worker will have is how the medical expenses will be covered through workers' compensation. There are certain rules for who qualifies and how the medical costs will be paid. Understanding these factors is important when a person is injured on the job or has a condition or illness related to the work that they do and needs medical care as a result.

A person can get medical care that is considered reasonable and adequate. He or she can also get reimbursed for prescriptions and for travel to and from the medical facility to receive treatment. When the worker first goes for treatment, the employer can select a provider in the system the employer uses to give this initial care. Following the first visit, the worker can pick his or her own medical providers. As the treatment moves forward, the insurance company will have the right to send the worker to its own medical professionals to evaluate the level of incapacity and determine if the medical issues are still in place.

What if there is a dispute in my workers' compensation claim?

When a Massachusetts worker is injured on the job or suffers a condition or illness due to the work they do, they might believe they are entitled to workers' compensation benefits. Sometimes, however, there are issues surrounding workers' compensation claims that cause problems for the person to get the benefits. There are four steps in settling a workers' compensation dispute. They are: conciliation, conference, hearing, and reviewing board. The Department of Industrial Accidents (DIA) helps to settle these disputes.

Conciliation is when the claim for workers' compensation is filed and the insurer tries to stop or modify the benefits. This is an informal meeting between the claimant, his or her legal representation, and a DIA conciliator. The claimant should have the medical documentation regarding the issue and bring it to the meeting. The conciliator's role is to help the sides come to an agreement. If this is not possible, it will go to a conference.

Recovering from broken bones: The stages to know

When you suffered an injury, you knew immediately that a bone was broken. It stung sharply like a bee string and the area became swollen and discolored in just a few minutes. Millions of fractures take place every year all around the world. While most recover without complications, they still cause trouble for those suffering from them at least for a little while.

When bones break, they take time to heal. Depending on the part of the body that has broken, you may be unable to walk or type for several weeks. Some broken bones, like those near the spine, could put pressure on your nerves and cause additional pain. Severely broken bones, called compound fractures, can break through the skin and be life threatening in some cases.

Suspected drunk driver seriously injures pedestrian

The streets of Worcester and Massachusetts in general can be dangerous for pedestrians. Drivers are prone to checking their smartphones, speeding, flouting traffic signs and signals and engaging in any number of reckless behaviors. Another factor that leads to danger and accidents is a drunk driving.

When there is a car accident between a vehicle and a pedestrian, the reality that the pedestrian has no protection can lead to serious injuries and death. After such a crash, it may be important that the person who was hit and his or her family knows the steps to pursue compensation through litigation.

Car accident statistics show troublesome rise

Statistics can play a role in preventing car accidents and it is important to understand what they mean. Drivers in Massachusetts should be aware that the most recent statistics indicate that the number of fatal motor vehicle accidents in the state for the first half of 2017 have risen by 21 percent from where they were in 2015 and are 46 percent higher than in 2013. The numbers have remained static from 2016 and 2017. This information comes from the National Safety Council.

According to the NSC, the past two years have had the greatest increase in fatal motor vehicle accidents since 1964, and there are no indications of improvement. While lower gas prices and a stronger economy are referenced as possible reasons for the uptick since there are more people on the road, another factor is the problem with distracted driving, and, specifically, the issue with using devices when behind the wheel is limiting the attention they pay to the road.

Federal trucking regulations will not require sleep apnea testing

Trucks are often seen on the roads in Worcester and throughout Massachusetts. With their prominent place in the landscape, it is easy to forget how dangerous these large vehicles can be. There is an inherent trust placed in the truck companies, the drivers and the federal government to make certain that these vehicles are operated safely. Part of that goes beyond simply adhering to the traffic laws and involves health issues of the drivers. When there is an accident, it is imperative to know if it was due to truck driver fatigue or a violation of federal trucking regulations.

One problem that can lead to danger is sleep apnea. A plan from the presidential administration of Barack Obama was to mandate that truck and train drivers be tested to see if they have sleep apnea. This proposal has been killed by President Donald J. Trump's administration. Sleep apnea is dangerous because the breathing issue can interrupt sleep and lead to drowsiness during the daylight hours.

Is a lump sum payment an option in my workers' compensation case?

For Massachusetts residents who are injured on the job and are receiving workers' compensation benefits, there are times when a lump sum payment is a potential option. Before accepting a lump sum, it is important to understand various important factors that accompany it. The lump sum is a contract between the worker, the insurer and, in some instances, the employer. The lump sum payment will be made in lieu of the workers' compensation payments and possibly other benefits. A judge will hear the case when it is decided whether a lump sum should be paid and determine if it is in the person's best interest.

The value of the lump sum must be compared to the benefits that will be surrendered when accepting it. If the person was injured on the job on or after November 1, 1986, the rights to future benefits will be surrendered. If, however, the insurer agrees that it is responsible for payments or there was a judgment that ordered the benefits, any medical benefits and vocational rehabilitation will be paid for. The insurer will retain the right to dispute medical bills even after the lump sum payment.

3 biking safety tips for rainy days

Many drivers don't expect to see cyclists on the roads, particularly when the weather is poor. If you cycle no matter what the weather is, you know that the mentality that no cyclists will be present has the potential to result in your injuries.

If you decide to ride in a summer storm, here are a few tips that can help keep you safe. While it's important that drivers take responsibility, these tips can help you address the problem of rainy weather hazards so you don't get into or cause a crash accidentally.

Man dies in Massachusetts garbage truck accident while in yard

Large trucks can be an intimidating sight in Massachusetts, and people must be cognizant of their presence on the road. When there is a truck accident, the sheer size of these vehicles can lead to serious injuries and death.

Garbage trucks are particularly dangerous because, since they are a constant presence on the city roadways and are seen so often, it is easy to forget how much damage they can do. What makes these crashes worse is if they can happen without warning when a person is least expecting it. Regardless of when and how it happens, it is imperative for those who are affected by it to think about their legal options.

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