Legal Question in Personal Injury in Massachusetts

Personal Injury on the Job

I was rear-ended while stopped at a traffic light, my car was totalled, and the other guy's insurance paid for my car. I have been off work for several months, diagnosed with neuropathy in both legs, have been to three neurologists to see if anything could be done and have been told by each that it may not be reversable. I was perfectly fine prior to the accident and have now become very depressed resulting in a need for medication to support the depression. If I am unable to go back to work, it will be a financial burden - should my legal suit be against both the driver and my employer as I was on the job when the accident occurred? The accident occurred in MA, I live in CT and my employer is in IL.

Asked on 7/01/07, 10:06 pm

4 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Personal Injury on the Job

When was the accident? Have you informed your own insurance company about your injuries; the person who hit you; or that person's insurance company? If so, when for each and how did you inform them (in writing, etc.). It sounds like payment has been made on the auto claim, but you have not indicated if you have made claims for the injuries. This is very important and needs to be done correctly in order to preserve and protect your rights to pursue a claim. It is not a matter to take lightly and you should consult with experienced counsel soon about this, if you have not already done so.

Are you in treatment for your injuries, aside from your visits to the neurologist; i.e., physical or occupational therapy?

The short answer to your question is that an appropriate claim needs to be made for the injuries through the insurance companies, and if they do not offer a reasonable settlement in compensation for the injuries, litigation would likely be necessary (technically against the person who hit you, but as handled by his/her insurer.). The more time that passes without legal notice of injuries, done properly by counsel, the lower your chances of recovering anything, even if you once had valid claims on available insurance. Don't sit on this any longer.

Feel free to contact me for a free initial consultation.

Read more
Answered on 7/01/07, 11:44 pm
James Aspell Law Office of James F. Aspell, PC

Re: Personal Injury on the Job

There is a lot going on in this fact pattern. 1st of all, you should contact a massachusetts attorney regarding the rear-ender. Since the accident occured there, that is the most appropriate forum to bring the case.

As far as the worker's comp component goes, I would need to know a few more things to accurately advise you. It is not a cut and dried situatuion you are describing. Feel free to give me a ring.


Read more
Answered on 7/02/07, 12:20 am
Peter Van Dyke Eagan, Donohue, Van Dyke, & Falsey, LLP

Re: Personal Injury on the Job

I agree with both Attorney Tiedemann and Attorney Aspell. I am licensed in both Connecticut and Massachusetts. Stanger & Arnold, LLP handles both serious personal injury and workers' compensation claims. Our office is conveniently located in West Hartford but, given the seriousness of your injuries, I would be happy to discuss your case further at your home if it is more convenient. There is no fee for this consultation and we typically handle these cases on a contingency basis which means you do not pay an attorneys' fee unless there is a financial recovery.

You can learn more about Stanger & Arnold, LLP at


Peter Van Dyke

Read more
Answered on 7/02/07, 7:33 am
Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: Personal Injury on the Job

I do not handle work comp cases but it sounds like work comp as to our employer.

As to the driver yes you should seek compensation and retain counsel.

Read more
Answered on 7/08/07, 6:34 am

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Massachusetts