PROVIDENCE, R.I., April 21, 2011 /PRNewswire/ -- In May, 2008, the female plaintiff, 43, worked as a school bus driver in Fall River, Massachusetts. On the date of her injury, between runs, she and two other employees were on a deck adjacent to the employer's office; one of the other individuals was seated on the railing of the deck. As he and the plaintiff/employee were engaged in an argument, the railing broke loose and both fell to the ground. The plaintiff suffered a fracture to both legs. The workers' compensation insurer for the employer consistently challenged liability and denied her claims for benefits, claiming that she was engaged in horseplay at the time and therefore they were not responsible for payment of her medical expenses or weekly benefits. She retained the services of Brian Cunha & Associates, who filed a claim against her employer for her weekly benefits and medical expenses, which their office was successful in securing for her.
At the same time her workers' compensation claims were being pursued through the Department of Industrial Accidents, a civil claim was filed by Brian Cunha & Associates against the uninsured owner of the building housing her employer's offices. The employee/plaintiff through Brian Cunha & Associates alleged the owner was negligent in maintaining the condition of the deck. Further complicating the case was the fact that the owner of the building did not have liability insurance.
It was anticipated that at trial the owner/defendant would allege it was the employee's own negligence which led to her injuries. In the week prior to the start of the trial, the parties agreed to a "global" settlement which resolved both the workers' compensation claims and the civil action claims. Here, where the outcomes of both the workers' compensation claims and the civil action remained uncertain, the final resolution guaranteed medical coverage for life for her future medical treatment. By the terms of the settlement, the employee was able to obtain the following terms and concessions from the workers' compensation insurer. The workers' compensation insurer accepted liability and in so doing agreed to pay for all ongoing and future medical bills. It agreed to waive its right to receive a portion of any monies the employee received from the defendant building owner.
Finally, Brian Cunha & Associates was able to have the workers' compensation insurer agree to pay the employee $65,000.00. Brian Cunha & Associates also negotiated an additional $50,000.00 from the uninsured defendant building owner.
The Law Offices of Brian Cunha & Associates specializes in personal injury cases and represents clients from all over New England including Southeastern Massachusetts and Rhode Island with three convenient locations in East Providence, Rhode Island, Fall River, Massachusetts and New Bedford, Massachusetts.
If you or someone you know has been injured in an accident, contact Brian Cunha at The Law Offices of Brian Cunha & Associates, toll-free 800-322-8300 or click on http://www.briancunha.com.
SOURCE Brian Cunha & Associates