Workers’ Comp and 3rd Party Lawsuit - Massachusetts

This client of ours was injured on the job while working for a sanitation company in Massachusetts.  His job required him to hang on the rear of a waste disposal truck while collecting trash.  In December 2012, he was on the back of a trash truck when another vehicle (the third party) carlessly and recklessly backed out of a driveway without looking and struck our client while he was on back of the trash truck.  The third party vehicle slammed our client's leg against the sanitation truck. 

His leg was crushed against the truck and he suffered a severely comminuted right distal fibular fracture, right leg crush injury, large area degloving injury to the right leg and subsequent necrotic wound.  Our client underwent six (6) separate operations over thirty days for incisions and drainage, vacuum assisted closures, insertion of a tissue expander and it’s subsequent removal as well as numerous debridement procedures to repair his leg. 

We had to meet this client at his home because he was in such bad shape after this accident he was unable to leave his house. Our office immediatley filed a claim for workers’ compensation benefits and were sucessful in getting medical benefits and disability benefits paid to our client immediatley. This insured that he had money coming in to pay bills while recovering from his injuries and out of work. At the same time we investigated the accident and determined that the third party was at fault for the accident and injuries and filed a lawsuit for negligence against the third party.  Initially the insurance company attempted to place blame on the driver of the sanitation truck, but after our investigation and thorough discovery, it was established that the third party driver was clearly at fault.  

As a result of our detailed litigation and investigation we settled the third party lawsuit for the full insurance policy limits, settled the workers' compensation claim by way of lump sum settlement, and were able to reduce the workers’ compensation lien for medical bills paid to zero. 

If you or someone you know has been or is going through a similar situaton, feel free to contact our office ONLINE or call (508) 879-3500 to speak with us for free.  We are experienced injury attorneys and will explain to youi what your rights are what can be done to make sure you get full and fair compensation for your injury. 

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