Lawyers in Northampton, MA Discuss Changes in Health Care Coverage

Tony CanataInfo Articles

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

Tony CanataDisability InsuranceLeave a Comment

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.

Tony CanataDisability InsuranceLeave a Comment

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

Tony CanataPersonal Injury

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

Lawyers Explain the Personal Injury Settlement Negotiation Process

Tony CanataPersonal Injury

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

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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

Massachusetts Workers Compensation: Benefits Employees Can Expect

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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