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Questions Answered by Michael O. Smith

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: Am I covered for Workman's Comp if I was injured walking from work to a work-affiliated parking garage?

My parking fees are taken out of my check weekly.

Michael O. Smith answered on Mar 5, 2019

In Massachusetts, there is a "going and coming" rule where normally, you are not covered under WC if you injured yourself going into work or after leaving work. That being said, your case could fall into an exception to the rule where you were planning to go to a company affiliated parking lot.... Read more »

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?

the boss is denying he told me to take the equipment, as I said I get paid mileage and once I have been driving for 1 hour my regular rate of pay starts, the auto accident was a roll over accident where I was ejected from the vehicle at 70 mph, I had to be med flighted to a hospital in boston, the... Read more »

Michael O. Smith answered on Oct 16, 2018

Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you... Read more »

4 Answers | Asked in Wrongful Death for Massachusetts on

Q: If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?

Michael O. Smith answered on Aug 17, 2018

Normally, the State would bring criminal charges against the Defendant for his/her actions including OUI manslaughter if there is enough evidence for the charges.

The family, next of kin of the deceased person would also be able to file a civil case against the defendant to seek a recovery....
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3 Answers | Asked in Wrongful Death for Massachusetts on

Q: How soon after the death can the survivors bring a wrongful death case?

Michael O. Smith answered on Aug 3, 2018

In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these... Read more »

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1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: Is there a maximum number of times I can file for workers' compensation in MA?

Michael O. Smith answered on Jul 16, 2018

There is nothing stopping you from filing a workers compensation claim provided its for a new injury and its within the statute of limitations. If you plan on filing another claim for the same injury and the claim has already been adjudicated, then you may run into problems. I suggest you contact... Read more »

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: I have back issues caused by my long commute to/from work. Can I file for workers compensation?

Michael O. Smith answered on Jul 12, 2018

Under the "going and coming" rule, normally an injury that occurs during your commute off the employer's premises and off the clock will not be covered.

1 Answer | Asked in Workers' Compensation for Massachusetts on

Q: I have been out on workman's comp since April I went to an orthopedic who recommended surgery got approved for it

Then about 6 weeks later they called and said they could not negotiate a price so I went to their doctors and now he wants physical therapy again and gave me a whole new diagnosis. Not sure if I should get a lawyer or not they are only paying me a little portion because I can go back light duty but... Read more »

Michael O. Smith answered on Jul 10, 2018

It sounds like your medical provider is looking for payment above the rates of reimbursement WC is required to pay and therefore will not proceed with the story. Or it's your doctor just changing is opinions regarding the need for future medical care.

I suggest you contact an experienced...
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