This is the first in what may be a series of posts to address myths, misconceptions and misinformation floating around the blogosphere and general public.

Tort Reform. Sounds nice. Reform is always positive. Who is against reform? Doesn’t reform represent progress, advancement, modernization. Doesn’t reform strike at the American heart?

What is Tort Reform? Proponents would say it’s restricting run away jury awards, limiting pain and suffering damages, eliminating frivolous lawsuits. Don’t be fooled by the insurance propaganda. Tort Reform is nothing more than having the federal government limit or eliminate the American citizens’ right to have their day in Court when they’ve been harmed due to another’s fault.

In order to build a groundswell in favor of reform, you need a scapegoat. An easy target. Something, someone or some group that will divert attention from the facts. After all, let’s not let the facts get in the way. John Adams famously said, “Facts are stubborn things.”

Who are the scapegoats of tort reform? The Trial Lawyers! Who do the trial lawyers represent? The little guy and gal who, but for the trial lawyers working on a contingency basis, would never have their day in court. Thomas Jefferson wrote that “All men are created equal”. Over the entrance of the US Supreme Court stands the inscription “Equal Justice Under Law.”

Well, as a proud trial lawyer practicing law in Massachusetts going on 16 years, I respectfully submit that trial lawyers put the equal in justice giving voice to the powerless against organized, powerful money interests, i.e. the insurance companies.

When you hear sophists preaching about the ideals of tort reform, ask yourself a simple questions. At whose cost? The answer is: YOUR COST. And remember one name among the many special money interests on the other side of this fight for equal justice under law: AIG. (Think big executive compensation and million dollar bonuses. Think government bailout. Think credit default swap.)

If it weren’t for trial lawyers fighting the good fight for ordinary people — your neighbors, family and loved ones — we wouldn’t have modern day, common sense safety advances that we all take for granted in our everyday lives like seatbelts, safe airbags, safety glass windshields, backup alarms on trucks, child proof medicine bottles, etc.

The shrill cry for Tort Reform is nothing more than a power grab by the special money interests to lock the door to the Court House preventing ordinary American citizens, who have been harmed due to another’s fault, from seeking equal justice under law.

Copyright © 2009 John J. Sheehan

Did you know that you may be entitled to compensation for pain and suffering in addition to workers’ compensation if your work accident was caused by the negligence of a third-party?

In the context of Massachusetts workers comp law, a third-party is, essentially, a person or company that is not part of your employer’s company. Unlike workers comp benefits, which are very limited in nature, compensation from a third-party claim includes payment for pain and suffering caused by your injury.

For instance:

• If you were injured while working at a construction site, your injury may have been caused by the negligence of a third-party such as the general contractor or a subcontractor. In such a case, you may have a potential third-party claim in addition to a claim for workers comp benefits.
• If you were injured in a car accident while working, you may have a potential third-party claim against the negligent driver or owner of the car that caused the accident in addition to a claim for workers comp benefits.
• If you were injured due to a defective condition (example: defective steps or stairway) while working on someone else’s property, you may have a potential third-party claim against the negligent property owner in addition to a claim for workers comp benefits.

In order to protect ALL YOUR POTENTIAL LEGAL RIGHTS after a work accident, you should consult a lawyer experienced in Massachusetts workers comp law as soon as possible. You owe it to yourself and your family.

Copyright © 2009 John J. Sheehan

After a disabling work accident, it is not uncommon that the employer tells the employee that there is no work until the employee has a full work release from his/her treating doctor.

What do you do?  Not knowing that they may be entitled to workers’ comp, some injured workers instinctively sign up for unemployment even though they are injured and, sometimes, may require surgery.  That’s a mistake if the worker is not physically able to work due to a work injury.

By filing a claim for unemployment, the injured worker represents that he/she is able to engage in gainful employment which often is contrary to the facts.  Many injured workers hide their injury in order to get unemployment out of fear and desperation.

If the worker is injured and disabled from work pursuant to a treating doctor or medical provider, it is a mistake to file a claim for unemployment.  The injured worker should file a claim for workers’ compensation benefits.  The problem is that the injured worker may not know the identity of the workers’ compensation insurer, especially if the employer never reported the accident.  Left to his/her own devices, the injured worker is frequently stuck and helpless to pursue his/her legal rights.

Yet another reason why you need to contact a workers’ comp lawyer as soon as possible after a disabling work accident.

Copyright © 2009 John J. Sheehan

Many people mistakenly think that they have full coverage with their Massachusetts automobile insurance policy.  In my experience, this is frequently not the case for all optional coverages.

For example, someone may have $100,000/$300,000 for Optional Bodily Injury to Others on their policy, but only $20,000/$40,000 for Uninsured or Underinsured Motorist Benefits.

What difference does that make?  Well, no difference until something goes wrong like an accident occurs resulting in serious injury.  If you are injured in a car accident caused by another driver with only minimum insurance coverage or, worse, no coverage at all, you yourself may be limited to the Massachusetts minimum coverage of $20,000 unless you purchased additional insurance coverage such as $100,000/$300,000 for Uninsured or Underinsured Motorist Benefits or, better yet, the maximum coverage of $250,000/$500,000.

Why do I need extra coverage?  Well, that’s a personal decision that everyone must make based on your comfort level managing risk.  That’s what insurance is all about – managing risk.

What if you suffer a severe shoulder injury as a result of a car accident requiring surgery?  You may have medical expenses in excess of $10,000 and may be disabled from work for a long time – possibly 6 months to a year.  If the negligent driver who caused the accident only has minimum coverage, you and your family may suffer a severe economic loss with limited legal compensation.  In this example, most of the money would go to pay the medical bills leaving little left over to support you and your family while you’re recuperating from surgery.  However, if you purchased additional coverage for Underinsured Motorist Benefits in this example, you will have additional available insurance coverage through your insurance policy to compensate you for your injuries.

Do you have enough insurance?  It’s really up to you.  At the very least, the amount of coverage for Optional Bodily Injury to Others, Uninsured Motorist Benefits and Underinsured Motorist Benefits, in my opinion, should be the same and should be as much as you are comfortable purchasing – especially if you own your own home.
Copyright © 2009 John J. Sheehan

Why has the workers’ compensation insurer assigned a nurse case manager to stay in close contact with you?  Why does the nurse keep calling you?  Why does the nurse want to accompany you to your doctor’s visits and try to be present during your exam?

Don’t be fooled and think that the nurse is part of your team of medical providers.  The nurse case manager works for the workers’ compensation insurer.  Her main interest and goal, in my experience, is to save the insurance company money by ending your treatment and returning you to work as soon as possible even if you are not physically able to perform your job duties.

Most people don’t know that they can refuse nurse case management services.  Most injured workers fear that the workers’ compensation insurer will stop their weekly benefit check if they rock the boat.  Little do they know that the insurer will try to stop weekly benefits at the first opportunity even if the injured worker’s doctor has not issued a release to return to work.

Don’t play Russian Roulette with your workers’ compensation benefits.  Contact a workers’ comp lawyer as soon as possible after you suffer a disabling work injury.

Copyright © 2009 John J. Sheehan