A Workday Drive Ends in a Violent Collision
Our client, a tow truck driver, was on the job and driving through Norwood, Massachusetts, when another driver suddenly pulled out of a parking lot and into his path. With no time to stop or swerve, the tow truck was T-boned. The at-fault driver had a clear duty to yield to traffic already on the roadway and failed to do so. It was a textbook case of a careless driver causing a preventable car accident.
The crash left our client with a serious shoulder injury that ultimately required surgery, as well as a neck injury. A hardworking man whose livelihood depended on his physical strength, he was suddenly unable to work and facing a long recovery.
One Accident, Two Separate Claims
Because our client was working at the time of the crash, Massachusetts law gave him two separate and distinct legal claims:
- A workers' compensation claim against his employer's workers' compensation insurance company; and
- A third-party bodily injury claim against the negligent driver who caused the crash.
In Massachusetts, an injured employee generally cannot sue his or her own employer. But when someone other than the employer causes the injury, the worker can pursue a personal injury claim against that third party while also collecting workers' comp benefits. Many injured workers never realize they have this second claim. Handling both correctly, and coordinating them, is where an experienced attorney makes a real difference.
Securing Workers' Compensation Benefits
Attorney Chuck Pappas first made sure his client was protected through the workers' compensation system. He secured weekly disability benefits to replace part of our client's lost income while he was unable to work. He also made sure the workers' compensation insurer paid for all the costs and expenses of his medical treatment, including his shoulder surgery, follow-up care, and rehabilitation. This gave our client financial stability and access to the care he needed while the third-party case moved forward.
Building a Strong Third-Party Injury Case
Workers' compensation does not pay for pain and suffering or fully replace lost wages. Those losses can only be recovered through the personal injury claim against the negligent driver, and Attorney Pappas built that case carefully.
Two expert witnesses were instrumental in the outcome:
- An orthopedic surgeon provided a medical opinion connecting our client's shoulder and neck injuries directly to the crash, explaining why surgery was necessary, and documenting the permanent impairment to his shoulder.
- A vocational expert evaluated how the injuries affected our client's ability to return to physically demanding work and the impact on his future earning capacity.
This expert testimony gave the insurance company a clear picture of what our client had lost and what a jury would likely see if the case went to trial.
The Result: A $397,000 Settlement
The case settled for a total of $397,000. The third-party settlement compensated our client for his full lost wages, his pain and suffering, and the permanent impairment in his shoulder.
Negotiating a Significant Reduction of the Workers' Comp Lien
When a workers' compensation insurer pays benefits for an injury caused by a third party, Massachusetts law, M.G.L. c. 152, § 15, gives that insurer a lien on the third-party recovery. The statute states that the sum recovered "shall be for the benefit of the insurer," meaning the insurer is entitled to be reimbursed for the disability and medical benefits it paid. The insurer can only recover what it actually paid, and the injured worker keeps the excess. You can learn more in our article, How A Workers' Compensation Lien in Massachusetts Affects A Third Party Personal Injury Settlement.
A workers' comp lien can take a large bite out of a settlement if no one challenges it. Attorney Pappas negotiated a significant reduction of the lien, which put substantially more of the settlement proceeds in our client's pocket. For an injured worker, what matters most is not just the settlement amount, but how much he actually takes home.
Hurt on the Job in Massachusetts by Someone Else's Negligence?
If you were injured at work because of another driver or third party, you may have more than a workers' compensation claim. Attorney Chuck Pappas has more than 20 years of experience handling both workers' comp and personal injury claims arising from the same accident, and he knows how to maximize your recovery on both sides. See more of our case results, including a $160,000 recovery for a Framingham bus driver injured in a T-bone crash.
Call Pappas Law today at (508) 879-3500 or contact us online for a free, no-obligation consultation. You can also download our free guide, A Guide to Massachusetts Workers' Compensation Claims.