Massachusetts Slip And Fall Legal Questions

Depending on what caused you to fall will determine whether you have a negligence case against the roller skating rink.  Do you know what you tripped on?  Where there any witnesses to the fall who saw what you fell on?  I also strongly recommending that you request IN WRITING to the rink that you preserve the video from the entire day that you fell.  This may help you in proving their negligence.  Please let me know if you have any questions. Many thanks   Kevin... Read Answer

Hi Steve, The workers' compensation insurer will always work hard to terminate your workers' compensation benefits.  That almost always includes sending you to a doctor employed by the insurance company to examine you and evaluate your injuries.   You have up to 3 years of benefits paying you 60% of your average weekly wage (temporary, totally disabled benefits under s.34 of MGL c.152) and up to 4 years of benefits paying you 45% of your average weekly wage (partial disability under s.35 of MGL c.152).  During that time period, the insurer may terminate your benefits, as in your case.  During a certain time period (the pay without prejudice period), they may terminate your benefits without a judge's approval, if they have supporting evidence of a work capacity.  After the pay without prejudice period, they may only terminate your benefits with a judge's approval.  This is typically after a conference or a hearing where evidence is presented by the insurer and the employee.  It is good that you have a physician opining that you are currently disabled, but the insurer probably has an opinion stating the opposite.  The next step would be to file a claim with the Massachusetts Department of Industrial Accidents and work to get you back on workers' compensation benefits. The law is very complicated, and I only touched upon the many issues involved in a workers' compensation case.  A competent attorney is needed to evaluate your claim and further discuss your options.  Please call my office. John Pomykato (617) 423-0001 pomykatolaw.com... Read Answer

It is hard to tell you the value of the case without knowing more information. If you have a plate and screws I am assuming you have either a bimalleolar or trimalleolar fracture. I have settled these cases for non-economic loss claims from a range of $250,000 to $775,000 depending on the outcome following the surgery. These can be catastrophic injuries, but some people do recovery so that there are not drastic residuals. If you are out of pocket on medical bills or you suffered a wage loss, that would add to the number.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer