Walking-Working Surface Safety Regulations Generally, employers are required to keep all walking-working surfaces safe for employees, visitors, and patrons.  There is a specific OSHA (Occupational Safety and Health Administration) regulation which addresses this safety issue: 29 CFR 1910.22(a)(3): Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice ..read more

In 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” s ..read more

On October 29, 2020, The Massachusetts Supreme Judicial Court issued its ruling in Mark Mendes’s Case, No. SJC-12857, which held that the Massachusetts Department of Industrial Accidents has subject matter jurisdiction over a claim involving an interstate truck driver based on his employment having “sufficient significant contacts” with Massachusetts.  This opinion expands Massachusetts’ jurisdiction over workers’ compensation claims, where in the past they were limited to circumstances where: The employee was employed by a Massachusetts employer; or The employee was injured while worki ..read more

No. Typically, you do not pay a personal injury or a workers’ compensation attorney out-of-pocket.  At the Carney Law Firm, we focus on personal injury and workers’ compensation cases which operate on what is called a “contingency” fee.   A “contingency fee” means that we only get paid if we get you compensation, which typically occurs through either a negotiated settlement, mediation, arbitration, or a jury trial verdict. Why Not? The reason for a “contingency fee” is to be able to provide legal representation to injured workers and injured people from all levels of incom ..read more

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 ..read more

“No-Fault” Insurance Coverage “PIP” stands for “Personal Injury Protection” and it is mandatory in Massachusetts as part of every driver’s insurance coverage pursuant to M.G.L. c.90 Sec. 34M. The purpose of PIP is to help pay up to $8,0000 for medical costs, lost wages, funeral costs and household services incurred as a result of an injury from a car crash, regardless of who is at fault for causing the motor vehicle collision. That means that it doesn’t matter whether you were responsible for causing the accident, or if someone else was, the “PIP” benefits are still available from the car insu ..read more

Injured by a Forklift? Forklift, or Powered Industrial Truck (“P.I.T.”), injuries are very common in the construction industry for both drivers and nearby workers.  According to the Occupational Safety and Health Administration (OSHA), an estimated 85 deaths result each year as a result of forklift operation accidents, as well as almost 35,000 serious injuries and almost 62,000 non-serious injuries per year.  In the U.S., 1 in every 6 workplace deaths occur in forklift related incidents. With roughly 856,000 total forklifts in the United States, this means that approximately 1 in 9 ..read more

  Judge gavel, scales of justice and law books in court 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 det ..read more

Judge gavel, scales of justice and law books in court On June 4, 2019, a Middlesex County jury awarded the Plaintiff, Benjamin Roy, a total of $925,000.00, which was reduced by 26% to $684,500.00 for the comparative negligence of Mr. Roy.  With interest, the final judgment amounted to $828,301.18. On February 5, 2015, Mr. Roy, age 37, was working as a foreman for a framing contractor Shawnlee Construction at the construction of an Avalon apartment complex in Marlborough, MA.  Shawnlee Construction had subcontracted a portion of the framing work to the Defendant Freitas Corporation ..read more

Do’s: Always report your Injury. This sounds basic but it does not always happen and can create big problems down the road.  Report your injury to your foreman, steward, business agent, general contractor, supervisor or H.R. professional immediately, regardless of whether or not you think it is only a minor injury and you can continue working.   Often times injured workers do not report their injuries immediately, because they think that it is not a serious injury and they should “be fine by tomorrow.”  If your injury turns out to be more serious than initially thought, th ..read more