by Thomas Gagné | Feb 6, 2017 | Uncategorized, Workers Compensation
Clients injured at work often ask me: in addition to my workers’ compensation benefits, may I sue my employer for negligence?
The answer, in most cases, is no.
Why? Because most state have adopted what is called “the exclusivity rule.”
This rule limits an injured employee’s legal recourse solely to workers’ compensation. The fact that the employer may have been negligent is irrelevant. The justification for this rule lies deeply within the genesis of workers’ compensation law.
Before the advent of workers’ compensation, pursuing a negligence claim against the employer was the only remedy available to employees who suffered on the job injuries. This state of affairs resulted in uncertain relief for the employee (because she had to prove negligence) and, in most cases , intolerable expense for the employer.
Workers’ compensation systems killed two birds with one stone. The new law abolished the need to prove negligence thus making it “easier” for the injured employee to garner benefits, and it reduced employers’ legal expenses by streamlining the adjudicatory process. Among other things, evidentiary requirements were relaxed, and juries were replaced by commissioners.
The new law, which made its debut early in the twentieth century, also served as a partial palliative to the general labor unrest indicative of industrial and labor relations at the time.
by Thomas Gagné | Feb 6, 2017 | Uncategorized, Workers Compensation
Noncompensability means that your workers’ compensation case has not been “accepted” by your employer’s workers’ compensation insurance carrier, for one or more reasons. There are several legal and factual defenses an insurance company might raise to block your benefits. On the other hand, sometimes a carrier will automatically deny your claim “pending investigation”, which means that the carrier may accept your claim in the future if facts turn up that are beneficial to your case.
This is one of the reasons why an injured employee needs the assistance of a competent attorney well versed in workers’ compensation law and practice. Just because a carrier raises a defense does not mean that’s the end of the matter. There are many ways to defeat defenses, too many to go into here, and they all depends on a careful analysis of the totality of the facts and circumstances of your case. Remember, there is no magic bullet. All legal cases are different in the detail.
by Thomas Gagné | Feb 5, 2017 | Personal Injury, Uncategorized
It’s crucial our auto or workers’ compensation clients see and are treated by the correct medical provider, given his or her particular condition. Many of my clients, before they see us, are satisfied with their family doctor, when she may not be the optimal medical provider for the case. Doctors are often not unbiased and would rather treat a patient themselves rather than give up control of the patient’s therapy to another medical professional. (more…)
by Thomas Gagné | Feb 4, 2017 | Uncategorized
It’s absurd that most insurance companies will pay less in bodily injury compensation for “low impact” vehicle collisions – those with property damage under one thousand dollars. Insurance companies reason that if the impact was “minor” than juries will buy the argument that the injuries suffered were also “minor.” Insurance defense attorneys will make a big dog and pony show of this in court – blowing up pictures of the vehicle, paying some expert to testify that the blow from the at-fault vehicle was “ relatively” light.
Insurance companies are wrong on two counts here. First, the average weight of an automobile is approximately two tons. That’s two tons of mass multiplied by how fast the vehicle was moving coursing through your body at the time of impact. Such force is never insignificant or minimal! Even at five miles per hour, the force is enough to cause serious bodily injury.
Secondly, many people have pre-existing conditions – especially orthopedic conditions which are especially susceptible to these forces. These persons are called “eggshell plaintiffs” by the law. There is certainly no such thing as a “minor impact” on these individuals, especially if the person is older.
Don’t let insurance companies devalue your claim by arguing that your auto accident was “a minor impact.”
by Thomas Gagné | Feb 3, 2017 | Personal Injury, Uncategorized
Obtaining timely and proper medical treatment is the cornerstone of a well-managed personal injury case and one of the most important reason clients seek my counsel. Without medical attention, clients not only jeopardize their physical well-being but the value of their case as well. (more…)
