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                        Massachusetts law requires that every employer provide worker’s compensation coverage insurance for the benefit of their employees. Those employers who do not                                    have worker’s compensation insurance (or qualify as a self-insurer) are referred to as “uninsured employers.”
Uninsured employers are at risk for facing significant financial exposure should an employee get injured on the job. The consequences can be harsh. The law provides for both civil and criminal penalties. In fact, state regulators can shut down a business for failing to have workers compensation coverage. Although Massachusetts has a Workers’ Compensation Trust Fund to protect injured workers, uninsured employers can still face a civil lawsuit from injured workers and will be prevented from raising certain legal defenses.
Whether you are an injured worker or an uninsured employer, hiring an experienced attorney familiar with workers’ compensation law is essential in order to protect your rights.
If you were injured (or become ill) at work, you may be eligible for worker’s compensation benefits. Your benefits will depend on the nature of the injury and resulting disability from work. In Massachusetts, injured workers are eligible to receive benefits, to include medical expenses, based upon the degree of incapacity, typically defined as total incapacity or partial incapacity. Injured workers are often confronted with the real possibility that they may not be able to return to their former occupation and may have a lasting impairment – or a permanent and total incapacity from gainful employment.
When you are injured on the job, it’s in your best interest to have an attorney on your side who fully understands the laws pertaining to worker’s compensation. We have a long history of successfully handing workers’ comp cases and we will put our experience to work for you.
Workers’ compensation claims are often complex and are based upon a variety of factors. These include the nature of the injury, the extent of the disability, and the injured worker’s ability to return to his or her job.
If you are disabled from work and have been denied workers’ compensation benefits, put Mort Shuman’s expert legal team to work for you. Injured workers are entitled to payment of their lost wages and necessary medical expenses. In some instances, vocational training is also available. The insurance company is not on your side.
Attorney Shuman has been successfully handling workers’ compensation claims for over 5 decades.
Owners are legally responsible for the behavior of their pets. In Massachusetts, we have a strict liability statute. Therefore, in most dog-bite cases, the dog’s owner (or keeper) can be held responsible for any harm caused by a dog attack. This includes compensation for pain and suffering, medical bills, and lost wages.
If you have been the victim of a dog bite or other animal attack, Mort Shuman will fight for your legal rights.
If you have been injured in a motor vehicle, slip and fall or work related accident, don’t let the insurance company victimize you for a second time. An insurance claim adjuster may act friendly and treat you well. They may actually let you believe they are on your side and offer you a cash settlement; one that is in their best interests – not yours. It can take several months, even longer, to properly document and evaluate a personal injury claim. A proper settlement takes into consideration the full nature and extent of one’s injuries and potential damages. Some injuries can take a long time to heal and their consequences may not be known for quite a while. We have all heard the expression, “Beware of the wolf in sheep’s clothing.”
 Before accepting any settlement offers, you should consult with an experienced personal injury lawyer. Handling a case on your own may actually cost you in the long run. The Law Offices of Morton J. Shuman has a proven track record of successfully handling personal injury claims.
Accidents happen. Tripping and falling, slipping and falling, everyone is susceptible, especially the elderly. When an accident occurs, it is important to determine if someone might be legally responsible. Property owners, both commercial and residential, are generally responsible for unsafe conditions. In other words, they have an obligation to maintain their property in a reasonable safe condition. Similarly, we all also have an obligation to avoid accidents by carefully watching where we are walking and paying attention to our surroundings. Each case depends on whether or not the property owner acted with sufficient care to avoid an accident, as well as whether the injured person also acted in a careful manner. These are factors that a lawyer can help slip-and-fall victims clarify when assessing the merits of the case.
If you have been injured as a result of a slip and fall accident that is due to the negligence of a property owner, you may be entitled to compensation. Attorney Morton J. Shuman and his staff have the knowledge and experience to help determine whether you have a viable case.
If you have been injured as the result of slipping or falling on someone else’s property (including a business establishment), you should obtain legal representation prior to filing an insurance claim. Even if you decide not to file a claim, you should at least consult with an attorney experienced in the law of premises liability in order to learn your rights.
Over the past decade, the law in Massachusetts has undergone a number of changes that have helped to eliminate several obstacles to bringing a successful claim.
Dangerous and defective products cause thousands of injuries every year. These include consumer goods running the gamut from children’s toys to hygiene products, electronics, and vehicles. Unsafe tools used in the trades and defective equipment utilized in the manufacturing process can also harm workers.
     If you have been injured due to a defective product, Attorney Morton J. Shuman and his team will get you results. 
Generally speaking, criminal law is separate from civil law. While the former is designed to maintain peace and security among the general public, and those guilty of violating criminal laws are punished by society, the latter regulates relationships between individuals, families, and corporations, and successful legal action usually results in monetary remedies. Yet, there are instances in which criminal and civil law intersect. For instance, those charged with assault and battery will likely be criminally charged. At the same time, attacking an individual may be a “tort” (wrongdoing) that may ultimately involve payment of personal injury damages to the victim. Even if an injurious action involves criminal arrest, those suffering injury due to another’s wrongdoing should consult with an attorney.
HINT: While prosecutors must prove their cases “beyond a reasonable doubt,” lawyers for plaintiffs in civil cases need only show by a “preponderance of the evidence” (anything greater than 50 percent) that defendants are responsible. 
You may have heard of the many injuries that occur in professional baseball parks as a result of foul balls and flying bats. Each of the people injured by these inherent risks in a sense agrees to waive liability by accepting a ticket that outlines the dangers of attending a game.  Waivers of liability are quite common, especially with respect to recreational activities, because some sports have been found to be inherently dangerous. In such instances, participants in the sport are said to have voluntarily waived their right to recover damages  in the event that they were to suffer personal injury. However, the validity and binding effects of a release or waiver of liability may be challenged when circumstances warrant.   
HINT: Waiver law is based on state law.
Approximately 4.5 million dog bites occur in this country annually, according to the Centers for Disease Control and Prevention. More than half the states have “dog-bite statutes” that hold dog owners liable if their canines cause injury whether or not the dog owners had reason to believe their dogs were dangerous. Most laws cover all kinds of dog-inflicted injuries, not solely dog bites. In other states, the “one-bite rule” makes dog owners legally responsible for an injury if they knew the dog was likely to cause that type of injury. Bite victims must prove that the owner knew the dog was dangerous. If the injury occurred because the owner was negligent in controlling the dog, the owner is liable.
HINT: The “one-bite rule,” which is relevant the first time a canine attacks a human being, shields the owner of a domestic animal from civil liability to the first victim of each of his or her animals.
 In order for plaintiffs to win their negligence cases, they must prove that the defendant’s negligence caused their injuries. In some cases, the attempt to establish this link involves the presentation of “circumstantial” evidence. On the other hand, some negligence cases reveal the defendant’s negligence to be so inextricably linked to the plaintiff’s injuries that it is obvious to all. In such cases, the Latin phrase “res ipsa loquitur” (“the thing speaks for itself”) applies. That is, the court can assume that an accident occurred due to someone other than the plaintiff’s own negligence, the defendant owed the plaintiff a “duty of care,” and the defendant “breached” that duty by acting negligently or carelessly.   
HINT: The “res ipsa loquitur” originally stems from a case in which a plaintiff suffered injuries from a falling barrel of flour while walking by a warehouse.
Strict liability is a special set of rules that allows people who are injured by defective or unexpectedly dangerous products to win compensation from the manufacturer or seller of the product. Strict liability applies whether or not the maker or seller of the product was actually negligent. The ruling is that those who have been injured by a consumer product are entitled to compensation from the manufacturer or from the business that sold or rented the product, whether or not they sold or rented it directly to the consumer. Strict liability operates against a non-manufacturer who rented or sold a product only if it is in the business of regularly renting or selling those particular kinds of products.
HINT: Strict liability wrongs do not depend on the degree of carefulness by the defendant.
In some cases, there is more to an accident than an unfortunate set of circumstances. Many cases of bodily injury and property damage result from the negligence or recklessness of one of the parties involved. When the person responsible fails to take full and immediate responsibility for his or her actions, it behooves the victim to turn to a lawyer to make sure that he or she recovers all that the law allows. While this course of action may not be applicable in cases of minor injury, it is certainly so in cases where the victim suffers a real injury or major property damage, or incurs other meaningful expenses. A consultation with an attorney is then appropriate.
Personal injury cases can be extremely stressful for the victim and family members. For these cases, you need legal representation you can trust. If you believe your injuries are someone else's fault, a lawyer can give you information about your legal options. Call MORTON J. SHUMAN, ATTORNEY AT LAW at 508-879-4040 to arrange an initial consultation at our office at 855 Worcester Rd. (Rt. 9). If warranted, we will pursue redress on your behalf. We only charge if you receive a financial award. We Get Results!
P.S. Never admit to guilt at the scene of an accident.