Health care law changed dramatically with the enactment of the Affordable Care Act. The new law creates shared responsibility among individuals, employers, insurers and the government in an effort to ensure that all Americans have health insurance. Under the ACA, companies with 50 or more employees are “applicable large employers” and must either provide health care coverage or pay penalties. … Read More
Preexisting Condition Clauses in Long Term Disability Plans
Preexisting condition exclusion provisions in group short and long term disability plans are quite different from preexisting conditions as we typically understand them. Those with potentially disabling conditions may still be able to secure their income through disability insurance, depending on the preexisting condition exclusion contained in the plan. Here is a typical preexisting condition exclusion as it appears in … Read More
Looking to Win a Disability Insurance Claim? Start here.
Many of the leading disability insurance companies have engaged in systematic strategies to deny valid applications (“claims”) by policyholders for disability benefits.1 Aided by a federal law known as ERISA, (Employee Retirement Income Security Act of 1974), they have been given procedural advantages and have means at their disposal to intimidate and oppress even the most well-informed “claimants” seeking ERISA … Read More
Injury Lawyer: Accidents Caused by Negligent Commercial Truck Drivers
Have you sustained injuries because of the negligence of a commercial truck driver? If so, you will have to prove that the driver’s negligence caused the accident – and the injuries you sustained – in order to win a damages award at court. If you want to know if you have a valid claim, a personal injury lawyer in Massachusetts, … Read More
Work-Related Injuries: Determining Workers Compensation Eligibility
If you are injured while working at your job in Massachusetts, it is important to know what your rights are. You may be entitled to workers compensation depending on the situation.
Long Term Disability Made Uncomplicated with Help from Professionals
It is all too easy for people to live their day to day lives without considering the need for long term disability insurance. But a sudden accident or a difficult diagnosis can leave a person without the ability to earn a living. This is a potential problem for most people, because the average person in Massachusetts does not have enough … Read More
Lawyers Explain the Personal Injury Settlement Negotiation Process
A major aspect of workers’ compensation, long term disability and personal injury cases is the negotiation process between the two parties. This negotiation process often determines the amount of money that an insurer will pay to settle a claim or a case. Since the vast majority of personal injury and other kinds of cases end in settlement instead of a … Read More
The ERISA Playing Field Usually Favors the Insurer
Most ERISA long term disability plans contain a clause granting the plan administrator discretionary authority to determine eligibility for benefits and to construe the terms of the plan. This is known as a “discretionary clause.” If a plan contains a discretionary clause, a claimant who was denied benefits cannot go to court and argue that he or she is in … Read More
The Comparative Fault Rule, as Defined by a Personal Injury Attorney
Massachusetts is a comparative fault state when it comes to law suits to recover damages for a personal injury. Whether negotiating a claim with an insurance company or pursuing a lawsuit in court, your settlement award or damage award may be reduced if you were also partly at fault for the accident that caused your injury. The law of comparative … Read More
Massachusetts Workers Compensation: Benefits Employees Can Expect
Employees in Massachusetts who suffer an illness or an injury arising out of and in course of employment are eligible for weekly compensation benefits during their period of incapacity from work. In addition to common workplace accidents, personal injuries include infectious or contagious diseases if the nature of the employment is such that the hazard of contracting such diseases by … Read More