As part of an annual tradition, Brady Donahue lawyers and staff got together at Fenway Park on Friday night to watch the Boston Red Sox win on a 10th inning walk-off home run from Mookie Betts.
As part of an annual tradition, Brady Donahue lawyers and staff got together at Fenway Park on Friday night to watch the Boston Red Sox win on a 10th inning walk-off home run from Mookie Betts.
As an employee it is important to know how to properly handle workplace injuries. The specifics of workers’ compensation laws vary from state to state, but the general responsibilities of employers and employees remain consistent. For employers, it is their continuous duty to ensure the workplace is safe for all employees; as an employee, it is your job to act in an appropriate manner while at work. If you have been injured while working in an altered state or while engaging in an activity that is specifically prohibited, you will not be entitled to workers’ compensation benefits.
Workers’ compensation covers injuries that happen in the line of duty, regardless of fault. For example, if you are injured while responsibly climbing a ladder while working, you can file a workers’ compensation claim. Typically, workers’ compensation will not cover injuries that happen during your work commute or off-site during non-working hours. Workers’ comp is available to all employees, unless an independent contractor, domestic worker, or certain categories of agriculture workers.
Workplace injuries often result in more expenses than just medical. Depending on the severity of the workplace injury employees involved in a workers’ compensation case are entitled to wage benefits, medical expenses, vocational job retraining, permanent partial disability benefits, and permanent total disability benefits.
If you are faced with an injury at work, it is important to immediately report your injury to your employer or immediate supervisor. By law your employer is required to fill out this form. Make sure to review the form to ensure all information is accurately reported, and request a copy for your own records. The longer you wait to report your workplace injury, the more difficult it will be to obtain workers’ compensation benefits for the injury. If you are caught exaggerating your injury in the report you may face serious legal consequences. As an injured employee, you are not required to hire an attorney to assist you in the workers’ compensation process, however, it is highly advised, especially with claims that may result in greater benefits.
When an employer refuses to report a workplace injury it is almost always because the employer is trying to avoid the associated costs. All employers are required to have workers’ compensation insurance, however, the expense of paying out claims can be quite heavy. If your employer tries to convince you that you are not eligible to receive workers’ comp, refuses to file a claim with their workers’ compensation carrier, or lies about the filing of a claim, contact the workers’ compensation attorneys at Brady / Donahue.
With summer kicking into full swing, and July 4th holiday celebrations everywhere – accidents will be too. Whether you are staying close to home or traveling, it’s good to prepare for the unexpected. Fourth of July weekend is packed with fun parties and cookouts, but it also ranks as one of the highest accident rates of the year. Here’s a quick rundown of some of the issues both you and we, as injury lawyers, can expect.
As one of the highest accident rates of the year, the Insurance Institute for Highway Safety (IIHS) notes that July 4th averaged 118.4 fatal car accidents between 2010 and 2014, compared to the normal average of 28 fatal accidents per day. This is an even higher proportion for motorcyclists since many fail to wear protective helmets. The leading factor for these high accident rates is driving under the influence. On July 4th, alcohol consumption on average attributes to 47 percent of fatal crashes. Although this is a time to celebrate, it is important to stay responsible. In order to ensure the safety of you and your guests, take the proper precautions with designated drivers and/or the option to stay the night.
July 4th celebrations are a great time to light sparklers and fireworks, but according to FEMA, sparklers alone attribute to 25 percent of all emergency room personal injuries related to fireworks. For this reason, many counties and states have specific laws regulating firework usage, so it's important to first make sure that fireworks are legal in your area. If unsafely managed, fireworks can lead to fires, severe accidents, and personal injuries. To avoid complications, ensure adult supervision and keep firework activities away from your home, deck, and trees.
Barbecues and cookouts are a Fourth of July staple. If you haven't started up your grill yet this summer, it's important to make sure that it's properly working. According to NFPA, an average of over 16,600 patients visited the emergency room between 2012 and 2016 because of a grill-related injury. Grease buildup, defective grills, gas leaks, and propane tank malfunctions can lead to severe burns and other injuries. To avoid any fire hazards, prepare for your July 4th celebration by scrubbing down your grill. To ensure your grill is properly functioning, check the propane tank, safety valve, rubber tubing, regulators, and seals, then replace whatever appears cracked or worn-down. If obstructed this can result in unexpected explosions. Keep everyone safe by closely monitoring the grill when in use and be sure that children and pets stay at least three feet away from the grill at all times to avoid burns or other serious accidents.
With Lake Champlain and the array of watering holes, streams, and ponds nearby, there are plenty of fun places to bring your family for the Fourth. Since many of these places lack proper lifeguard supervision, it is important to take proper safety measures to reduce the risk of drowning or other water-related accident. Maintain the buddy system, check to see what's below the surface, watch those around you, and don't swim somewhere above your level. Sometimes even the best swimmers get dragged by the current or fail to see the rocks below the surface.
If you or a loved one has suffered a personal injury or accident, the personal injury attorneys at Brady/Donahue can help you. Brendan and John understand how difficult the impact of a personal injury can be. Our attorneys will fight aggressively for justice and the compensation you deserve. To schedule a free initial consultation, please call us today at 802-855-2001 or fill out our quick contact form.
All workers are entitled to compensation for injuries sustained on the job — even professional athletes. At the Vermont-based, Workers’ Comp law firm Brady / Donahue, we not only handle a wide range of cases related to workplace injury, but as sports fans, we thought it would be interesting to relate some of the Workers’ Compensation issues facing former NFL players.
Although all jobs pose a risk for injury, some careers such as professional football carry a lot more. Football is a violent, injury-riddled sport where torn knee ligaments and concussions are often considered just another day at the office. In a recently published article, Forbes Magazine highlights Chicago Bears running back Matt Forte, arguing that the injuries to his back, neck, wrist, ankle, shoulders and knees were costly hazards to his job as a professional football player.
"Matt Forte ground out almost 10,000 rushing yards as a running back, scoring 75 touchdowns, across 10 seasons in the National Football League, including eight with the Chicago Bears. The gridiron star also racked up $43 million in pay before retiring after the 2017-18 season at age 32 because of knee injuries.”
Forte is currently engaged in a Workers’ Compensation case against his former employer to receive payment for injuries and lost wages. He is trying to get money for those injuries through the Illinois Workers' Compensation Act, where workers injured on the job — even professional athletes — can file a claim.
While most teams will settle these cases out of court with a lump sum payment, it is important to note that NFL players have a range of advantages when it comes to workplace injury, from provisions in their contracts that pay for medical costs to collective bargaining arrangements that provide compensation for injuries.
But if you aren’t a professional football player, what kind of protection do you have if you are injured at work? At Brady / Donahue, we specialize in helping injury victims obtain the Workers’ Compensation that they deserve. Whether you are a middle linebacker or a hardworking Vermonter, the Vermont Workers’ Compensation process involves complex legal and procedural issues, complicated forms, and confusing rules.
While employers and insurance companies may not be as generous as NFL teams when it comes to payouts, as one of Vermont’s leading firms for Workers’ Compensation, we can honestly say that in the unfortunate event of a workplace injury, after medical assistance, your first call to make should probably be to a qualified Workers’ Comp attorney.
If you’ve been injured as a result of your job, don’t jeopardize your rights – call or text Brady Donahue today for a free consultation.
Last year there were over 14,000 car crashes in the state of Vermont. Getting into a serious car accident can be a scary and stressful situation, and with emotions running high, it’s easy to forget what steps to take to protect yourself from further damages. Here's our quick checklist to follow if you unfortunately find yourself dealing with a traffic collision.
You and your passengers’ safety is of the utmost priority when a car accident occurs. If possible, move your car to the side of the road where it won’t obstruct passing traffic. Be sure to stand away from your car - in fact, many motor vehicle crash injuries occur when a passing car strikes a parked car.
Motor vehicle crashes are a leading cause of injury in the United States. From seat belt burns and concussions, to serious comas and death, car accidents are incredibly dangerous. Check yourself, the other driver, and any passengers for injuries. If any injuries or medical emergencies are involved, you should immediately call 911.
It is important to have an official police report when filing a claim with your insurance company. Many people forget to involve the police after an accident, exposing themselves to risk if an auto accident claim or personal injury case goes to court. If you end up pursuing an insurance claim or defending yourself from false accusations, it’s always helpful to have a police document in hand.
Usually the responding police officers will handle this part, but if they are not there, you should take down the names, addresses, and telephone numbers of all drivers and passengers involved. You should also copy their proof of insurance and obtain contact information from any relevant witnesses nearby.
Photo evidence is crucial - not just for auto body damage but also personal injury claims - and it lends credibility to any testimonies during a case. Document all evidence of visible damage to property and people alike.
Contact your insurance company to begin the claims process. Keep track of all the information related to your claim, including medical bills, rental car receipts, and any other expenses you might have due to the car accident.
Reach out to an attorney at Brady Donahue for a free initial consultation, whether you are at-fault or a victim of the accident. Common issues that can arise from a car accident include fraudulent claims made against you, insurance companies neglecting payments for medical attention, and even employer liability for accidents at work. Before you ever to speak to the other party’s insurance company, you should seek legal advice - your entire case may hinge upon it.
The attorneys at Brady Donahue have vast experience in navigating the tricky landscape of the personal injury field and auto insurance industry following a car accident. If you’ve been injured, contact Brady Donahue today for a free and confidential consultation about your case.
These days, it seems like we post everything: what we ate for breakfast, our triumphs, funny moments, our workouts, our complaints, our frustrations – even anger. According to an article by FastCompany.com, posts displaying anger or outrage are shared more than posts expressing joy or sadness. And that’s where the trouble lies. Especially, if you’re in the middle of a personal injury case. One post could swing your case one way or the other. So, ask yourself, “Is the risk worth it?” We don’t think it is.
It doesn’t matter if you deleted the post or your account, nothing ever dies on the Internet. A good rule of thumb is to post things you wouldn’t mind a potential employer or business client to read. Translation: stop posting pics of that time you did a keg stand back in college. Posts like that can damage your credibility. Another tip: if you’re involved in an accident and need to speak with a personal injury attorney, like us, put yourself on a social media hiatus until your case has reached a final verdict or settlement. Also, talk to your friends, make sure they don’t post things about you without your consent.
Insurance companies have a job to do – to make sure you’re not lying when you say you’re injured. To find proof, they’ll do everything from background checks and hiring a private investigator to reviewing all your posts on social media and any posts in which you’re tagged. By posting things about your case, you risk giving the insurance company fodder for denying your claim.
We all text, email and many of us use apps like Facebook Messenger to quickly talk to our friends and business acquaintances. The thing to remember is that those conversations aren’t as private as you think. In fact, you may be inadvertently waiving your right to keep those conversations private just by using those types of communication platforms. When talking with your attorney, use the phone, correspond with letters or ask your attorney to send email messages through an encrypted site.
When an incident happens, a knee-jerk reaction is to jump onto social media to vent. You may be tempted to share all the details online, but don’t. After all, you could be accidentally creating damaging evidence, which could hurt you at the time of settlement or trial. And trust us, that’s the last thing you want to do, especially when your case may involve hundreds of thousands of dollars in damages.
Moral of this post: Share at your own risk. And when in doubt, ask your attorney.
If you're injured due to another person's negligence, you may want to recover damages for medical expenses, pain and suffering, and lost wages. Although any accident can be a result of negligence, certain types of accidents lead to personal injury lawsuits more often than others. Here’s our 10 good reasons - and yes, we acknowledged that we are indeed, Personal Injury attorneys - for hiring an experienced personal injury lawyer:
Work accidents: Although most work-related accidents are covered by workers’ compensation, you may be entitled to additional benefits if negligence was a factor. In addition, workers’ comp applications are complex; even a minor error can result in reduced or delayed benefits. An experienced VT work injury lawyer can help ensure that you get the full benefits you are entitled to in a timely manner.
Car accidents: Motor vehicle collisions and crashes account for the most personal injury claims annually in the United States. An experienced Vermont personal injury lawyer can help you determine how to proceed if you’ve been injured in an auto accident.
Pedestrian accidents: Accidents involving pedestrians often result in serious injury and death. If a motor vehicle drivers’ negligence has caused you harm, you may be entitled to compensation for medical expenses, pain and suffering, and lost wages.
Motorcycle accidents: Riding a motorcycle can be immensely enjoyable, especially at this time of year. Unfortunately, riding is significantly more dangerous than driving a car. In fact, motorcyclists are 26 percent more likely to die in a crash than their motor vehicle-driving counterparts.
Slip and fall accidents: If another person's negligence created a hazardous condition, and you were injured as a result, you may have a successful personal injury claim on your hands. Slip and fall accidents are one of the leading causes of personal injury claims in the US every year.
Bicycle accidents: As cycling grows in popularity, so do cycling accidents. Riding a bicycle is healthy, good for the environment, and good for our wallets. But it comes with risks. Reduce your chances of serious injury and death in a bicycle accident by always wearing a helmet, dressing in bright clothing, and obeying the rules of the road.
Dog bites: If you are bitten or attacked by a dog, the animal’s owner may be liable for your injuries. In addition to medical expenses, you may recover damages for pain and suffering, lost wages, and reconstructive surgery.
Medical malpractice: A skilled VT medical malpractice attorney is crucial if you wish to bring a malpractice lawsuit. Shockingly, medical negligence is the third leading cause of death in this country. Malpractice lawsuits are quite complex, and require the help of an experienced attorney.
Commercial truck accidents: Due to the sheer size and weight of commercial trucks - also known as big rigs, 18-wheelers and tractor trailers - accidents involving these massive vehicles often result in serious injuries and death. Lawsuits involving commercial truck accidents are complex, as they often involve multiple parties, including the driver, the trucking company, and parts’ manufacturers. A skilled VT truck accident attorney can help you determine how to proceed if you’ve been injured in a trucking accident.
If you’ve been injured, we can help. Contact Brady Donahue today for a free and confidential consultation about your case.
Meet Brendan Donahue of Brady /Donahue! Brendan originally grew up in Connecticut, but spent a lot of his time in Worcester, MA with his Italian mother’s side of the family. He played football in high school and at Bates College, where he graduated with a B.A. in philosophy.
Brendan first came to Vermont for law school and ultimately landed at Brady/Donahue in November of 2000. Once settled in VT, Brendan met his wife Kathleen and they have two children. Their hobbies include being outdoors with their dog Daisy Mae and being active members of their karate dojo in Claremont, NH.
Meet John Brady of Brady/Donahue! John was born and raised in America’s hometown, Plymouth Massachusetts, as the second of four children in his family. Growing up, John enjoyed spending his summers as a deckhand on his father’s charter boat, which eventually led to his attendance and graduation from Massachusetts Maritime Academy in 1986.
John graduated from Suffolk University Law School in Boston in 1991 and began working for a Boston law firm for two years before making the move to Springfield, Vermont in 1993, where he has since resided and practiced at Brady/Donahue.
John is married to his wife Julie, who also doubles as Brady/Donahue's bookkeeper, and has four happy, healthy sons. From early on, John developed a love for soccer and continues to play in an over-50 division league today. His passions lie in fishing, soccer, running, and windsurfing.
This past Thursday, the Vermont Department of Labor’s Workers’ Compensation Adjusters’ Conference was held and Brady/Donahue's own Brendan Donahue spoke about opioid rules and the opioid problem from a claimant’s perspective.
In his presentation, Brendan went through and specified important issues clients have had in facing litigation related to opioids, and how their lawyers can make the process easier. He emphasized his dissatisfaction with a system where claimants can be punished for administrative mistakes made by their doctors which may result in the insurance carrier filing a discontinuance of the injured worker’s medications. Brendan explained how he and his practice would handle this situation.
“I urge you to speak to the claimants’ physicians so you are better educated. I also recommend looking for creative solutions,” Brendan told the crowd at his speech. Representing his firm, which values a client’s health and safety, Brendan's presentation supports Brady/Donahue's commitment to helping injured workers.
As a local company, we want to make sure we support and get involved in our community. This winter we are sponsoring the Springfield High School Cosmos’ sports programs as a way to keep students active and engaged in the community. As a way to create a common thread between our firm and the sports program, we created an advertisement that speaks to a value we both share - sweat equity.
Brady/Donahue clients become part of our close-knit team. As a team we trust each other and put in our sweat equity for a winning outcome. The same principles that drive a sports team drive our team as well, so we loved this creative concept to advertise our firm.
At Brady / Donahue, we're committed to providing clients with the counsel and support to deliver affordable justice to all injury victims. For all of our prospective clients, we offer the following:
1. A Free Initial Consultation. Every prospective client is entitled to a free initial consultation with someone from our firm without any kind of charge or obligation. We also work on a contingency fee basis, which means that you“Don’t Pay UntilYou Win.”
The first thing that many people wonder when they are hurt in an accident at work, in an automobile or anywhere outside the home is if they have a legal claim. An experienced Vermont / New Hampshire personal injury attorney can analyze the specific facts of your case and counsel you regarding who might be at fault and whether they can be held legally accountable, in full or in part, for the harm caused.
Following an accident it is understandable for you to want to settle the matter quickly and move on with your life. As a result, you may be tempted to try to take care of all issues—including legal issues—without getting professional representation by someone proficient in Vermont’s and New Hampshire’s personal injury laws. However, there are risks to going it alone. There may be insurance coverage available for medical bills even if there are no resources available to pay for the pain and suffering. There may be other potentially responsible parties. An aggressive personal injury attorney can effectively negotiate discounted reimbursements to insurers and medical providers. In short, contacting a Vermont and New Hampshire personal injury attorney increases the chances that you will maximize your financial recovery. Did you know that Vermont and New Hampshire law requires the insurer to disclose to you, upon request, the full amount of available coverage? Did you know that certain types of claims, for example many work-related injuries, require the action to be filed with the Vermont and New Hampshire Departments of Labor? Do you know your legal rights regarding your claims communications with the insurance company? Whether you must consent to a tape recorded statement? Whether if you have a pre-existing injury, prior driving accidents or tickets, or a criminal record, if these issues help or hurt your claim? Do you have experience with other cases to know what your case is worth ? Do you know what you must do to pursue your claim if the insurer offers nothing or too little? An experienced Vermont / New Hampshire injury lawyer knows the answers to these questions and will fight for your rights on these and other issues.
It is impossible to make generalizations about the value of any case without knowing the details of the harm caused and the manner in which it was caused. One of the most important jobs that your attorney will perform is leaving no stone unturned when it comes to detailing all possible losses that will translate into a legal recovery. Vermont and New Hampshire personal injury laws allow recovery for a wide range of situations, many of which may not be readily apparent to the injured party. This includes past medical bills, future medical and rehabilitation costs, therapy, lost past wages, lost future income, pain and suffering, and more. In workers’ compensation claims, both Vermont and New Hampshire provide for a set number of benefits that progress from the time of injury through the time of recovery. Each class of benefits presents an opportunity for maximization of your overall recovery. The amount you will recover is dependent on the facts of your case and the skill of the Vermont / New Hampshire personal injury attorneys who accompany you throughout the process. Did you know that you have a claim for the way in which your spouse’s injuries have impacted you even though you yourself may not have been injured?
When a motor vehicle accident you may be disoriented, shaken, and confused. However, in the aftermath of an accident it is important to obtain crucial information. A helpful way to remind yourself what to do after a car accident is to keep a checklist of phone numbers to call and questions to ask along with your insurance information in your glove compartment or center console. You should note key facts regarding the time of day, the weather conditions, the parties involved, statements made by the police and other witnesses, as soon as possible so that you will remember this information later. Did you know Vermont law requires you to file an accident report within 72 hours of the collision? You may wish to seek assistance from an experienced Vermont / New Hampshire personal injury lawyer before you complete this report.
When accidents occur, it is common for an insurance company to ask you to make a recorded statement with an insurance adjuster. It is never wise to do so without having firstconsulted your Vermont / New Hampshire personal injury attorney. If you decide to do so without an attorney’s advice, you should keep a few facts in mind. First, insurance adjusters can sometimes discretely influence you into saying something that would insulate their company from liability, or to limit your claims. Two, any recorded statements you make to an insurance adjuster might be used against you in related litigation as the law often times requires that statements made to an insurance company be shared with the opposition during pre-trial discovery, either before or after a deposition. Your attorneys will no doubt argue that these statements are “work product” and privileged, however, this argument oftentimes will not be successful in preventing opposing counsel from obtaining the statements. As a result, not consulting an attorney expert in Vermont and New Hampshire personal injury laws before talking to an insurance adjuster could end up being very costly to you.
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