Boston Accident Lawyer Blog

When someone is injured, one of the first questions that must be answered, among others, is whether or not the injury took place in connection with the victim’s employment. If the injury inarguably took place at work or while on the job, then the expertise of a Massachusetts workers compensation lawyer is needed. If the injury did not take place at work, then the injured victim should seek the advice of an experienced Massachusetts personal injury laywer.

Sometimes, the issue of whether an injury occurred on the job or off, isn't so clear-cut. The Massachusetts Supreme Judicial Court (SJC) is now considering a case that could have a significant impact on the liability of contractors and subcontractors for Massachusetts construction site accidents and Massachusetts personal injuries. The case, Wentworth v. Becker, stems from a 2005 explosion at a home construction site in Newburyport, Massachusetts, in which a father and son were critically injured. The father, Timothy Wentworth, 51 at the time, died from burns he suffered in the explosion. His son Ezekiel, then 24, survived but suffered severe, disfiguring burns. The Wentworths were spraying a waterproofing material at a home construction site when a pilot light from a water heater ignited fumes from the spray.

According to records filed in the case, a Newburyport builder by the name of Henry C. Becker hired the Wentworth’s' North Berwick, Maine, company as a subcontractor on the Newburyport construction job. The Wentworths’ company did not carry workers' compensation insurance, which pays for medical costs and lost wages when a worker is injured or killed while on the job. Massachusetts law, specifcally M.G.L. Chapter 152, requires most employers to provide workers' compensation insurance to employees and also requires most employers to make sure that subcontractors are covered in most situations. The Massachusetts Department of Industrial Accidents administers most of these regulations. Cheryl Wentworth, widow of Timothy and mother of Ezekiel, filed a workers' compensation claim against Becker, asserting that he had permitted an uninsured subcontractor to work on the job. Becker’s company agreed to a settlement in that claim, according to court records. Cheryl Wentworth later hired a Massachusetts personal injury lawyer (note: not this firm,) to sue Becker on top of the previous workers compensation claim, alleging negligence in the death of her husband and the injuries that her son suffered, and that’s where things got really thorny. Becker fought the suit in court, arguing that Massachusetts law doesn't allow subcontractors such as the Wentworths, to collect workers' compensation insurance and maintain a Massachusetts personal injury suit for damages. Becker argued that under the “exclusivity provision” of the Massachusetts Workers Compensation statute – an injured worker must choose one forum (a personal injury suit) or the other (a workers’ compensation claim, which is a much more streamlined, administrative process.) Becker argues that the Wentworths could not choose both, and that they had already chosen a workers compensation claim. Two years ago, an Essex County Superior Court judge, Thomas R. Murtagh, found in favor of Becker.

But the Wentworths' lawyers pressed on, arguing that a precedent that judge Murtagh relied on in his decision on was inapplicable. An Appeals Court panel sided with the Wentworths, ruling that Timothy and Ezekiel Wentworth should not be considered to have been employees of Becker, and that therefore they aren’t barred by the exclusivity provision of the state’s Workers Compensation law.

The SJC is now considering the matter. The Massachusetts Academy of Trial Attorneys, a nonprofit association of lawyers, has filed an amicus brief in support of the Wentworths, saying they should be allowed to sue Becker. MATA has criticized Becker's firm, arguing that "by having been negligent in causing the injury and culpable in failing to confirm the subcontractor's insurance coverage, (it) will never pay for its share of the harm caused by its negligence." MATA’s brief also accused Becker of participating in what has been called called the state's "underground economy" of exploited workers. As a Massachusetts construction site accident lawyer, I think there’s an argument to be made there, and that it would be unjust to bar suits like this for compensation for these types of constinjuries. I’ll keep you posted on this case.

Texting while driving automobiles has been the focus of a lot of conversation in the recent past, in several states. In Massachusetts alone, a new law against texting while driving became effective in 2010. Most people, though, wouldn’t expect that the problem of texting while driving would be witnessed on a subway car.

Yet in 2009, that’s exactly what happened on a Green Line subway car operated by a Massachusetts Bay Transportation Authority (MBTA) driver. The subway car driver had been sending a text message to his girlfriend while accelerating the trolley from zero to 25 miles per hour along 586 feet of subway track. The driver went through a yellow subway light and ran two red subway lights before colliding with a stationery trolley with its brake lights on, in the Government Center MBTA stop. The crash injured 68 people and caused nearly $10 million in MBTA property damage. Samantha Mattei, 21, was one of those 68 injured. As a result of the crash, she suffered a broken back, a serious concussion, nerve damage, and lacerations to her face. She also suffered other injuries causing vertigo, nausea, and constant headaches. Two years after the accident, she still walks with a cane. Because she cannot drive a car due to her injuries, her parents must drive her everywhere. Because she has difficulty concentrating on her academic studies, she says she is on the verge of losing her scholarships.

So it came as no surprise that Ms. Mattei last week filed a lawsuit against the MBTA and Aiden Quinn, the subway car operator, in Salem Superior Court. In filing her suit, Ms. Mattei told the Boston Globe that “I was injured as a result of something that was perfectly preventable. As a result of negligence, I was personally affected in a way that has cost me money, time, and many parts of my life. I would like to see things change for the better.” The Massachusetts personal injury lawsuit seeks $51,425 as compensation for medical bills and lost wages, as well as damages for pain and suffering. If the case is not settled prior to trial, a jury would decide how much, if any, to award for pain and suffering. MBTA officials declined to comment on the lawsuit, citing its policy not to comment on pending litigation. A spokesman did note, however, that the trolley operator, that Aiden Quinn, was fired by the MBTA, and pleaded guilty last December to negligent operation of the trolley, a misdemeanor.

As a Boston bus accident lawyer, I can assure readers that accidents involving public (as well as private) trains and buses happen far more than most people would think. Most people like to think that when they get on a bus or train, they’re safe. Not so. Bus accidents cause thousands of personal injuries in the United States each year. In Massachusetts, cases involving personal injury and wrongful death are not at all uncommon. Massachusetts bus accidents can be caused by the same factors that cause private passenger accidents, including speeding, driver errors or fatigue, weather conditions, and even intoxication. Added to this list is the potential for maintenance violations. Subway cars and trains, like buses, are classified as common carriers. What this means is that, legally, they are held to a higher standard of liability. If you have been injured due to the negligence of a train operator, the owner and/or operator of that bus or train may be liable for your injuries.

The personal injury lawyers at the Law Office of William D. Kickham and Associates of Westwood and Boston have many years of experience representing individuals who have been injured in MBTA accidents, as well as in accidents involving private-held bus companies. If you have been involved in train or bus accident, we know how to represent your case to maximize the financial recovery you may receive. Contact us for a free consultation. We can advise you if you have an actionable case, and what your legal options are.