Articles Posted in Lump sum settlements

joshua-mancini-6fegAz1Us5U-unsplash-scaledIn the construction industry, there is a general rule of thumb often referred to as the “6-foot rule.”  The “6-foot rule” typically is applied to major commercial construction projects, as well as smaller residential construction projects, amongst others.  Essentially, the 6-foot rule requires employers to implement the use of fall protection when construction workers are working at heights of 6 feet or greater above a lower level.

At the Carney Law Firm, our attorneys have fought hard and successfully represented injured construction workers who were injured due to a “6-foot rule” safety violation. Recently, Attorneys Jeremy M. Carroll and Brendan G. Carney obtained a jury verdict in the amount of $925,000 for an injured construction worker who fell 10 feet because there was no fall protection.

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Recently, Brendan G. Carney of Carney Law Firm was able to successfully negotiate a lump sum settlement of a Massachusetts Workers’ Compensation claim in the amount of $825,000.00.  This settlement was reached on behalf of our client, a forty one year old woman who was working as a bank branch manager when she was involved in a motor vehicle accident while traveling from an offsite bank meeting back to her regular bank office.  The employee suffered a life-altering spinal cord injury that would render her permanently and totally disabled.  In addition to the lump sum settlement, Carney Law Firm was able to obtain an additional $218,000.00 in permanent loss of function benefits.  The employee had received weekly benefits for over three years prior to the settlement. The total recovery for the employee exceeded $1,200,000.00. Continue reading

 

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Massachusetts’ workers who have suffered serious work related injuries and occupational diseases must often times make the important decision as to whether or not to accept an offer a lump sum settlement of their workers’ compensation claim.  Typically when an injured worker is either at or near maximum medical improvement, their employer’s workers’ compensation insurer will contact the injured worker or their attorney to discuss the possibility of settling the claim.  There are many important factors to consider when determining if a settlement is in the best interest of the injured worker. Before addressing those important issues, first I want to define some important terms: Continue reading

Employer accused of flouting OSHA regs; $2.2 million settlement

The claimant was the spouse of one of two laborers killed when a trench in which they were working collapsed and flooded at a home renovation project in Boston’s South End in October 2016.The deceased was survived by his then-53-year-old spouse, three adult children, and three dependent grandchildren. The insurer initiated payment of weekly Section 31 death benefits.

Often times, in the course of a Massachusetts workers’ compensation claim, lump sum settlement negotiations will occur.  This typically occurs after the injured worker has reached maximum medical improvement (medical treatment has been completed), the injured worker has permanent physical restrictions that will cause a wage loss, and/or after an Administrative Judge has issued a conference order or hearing decision.  However, there is nothing that you or your attorney can do to force the workers’ compensation insurer to agree to a lump sum settlement.  Likewise, there is nothing a workers’ compensation insurer can do to force an injured worker to accept a lump sum settlement.  A settlement is only achieved if both the insurance company and the employee agree to a certain figure.  In most claims, an employer must consent to their insurance company making a settlement offer to an injured employee.  A judge cannot order or set a lump sum settlement amount. Continue reading

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