Toxic and chemical exposure cases, also known as "toxic torts" are claims of personal injury which result from exposure to chemicals, asbestos, silica and other irritants or toxins. In pursuing toxic tort claims in Massachusetts, great care must be given to liability assessment. Under Massachusetts and federal law, toxic and chemical exposure cases almost always require the retention of expert medical and toxicology witnesses. In addition, in handling toxic tort claims, our attorneys coordinate third party exposure claims with the injured person's workers' compensation benefits, when applicable. Our attorneys prepare these cases for settlement, mediation and, when required, for trial.
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First and foremost, you should call the police immediately. Obviously, if you or a passenger have sustained personal injury, obtain emergency medical assistance. You must report a hit and run accident to your own insurance company within 24 hours in order to preserve your right to coverage.
A lien is the legal right to repayment. Liens are established in motor vehicle cases in a few different ways. First, some medical providers establish liens to protect their right to the payment of outstanding medical bills from the settlement of a personal injury case. Second, personal health insurance companies establish liens to allow them to be reimbursed for any payments made for medical treatment in a motor vehicle accident case. Third, certain public benefits paid to motor vehicle accident victims may be recovered through liens. In all cases, Massachusetts law establishes procedures and rights of lien holders. If applicable, a lien reduces the amount of damages an accident victim receives.
In this set of circumstances, your work related injuries are compensable under the Workers' Compensation Act. At the same time, you may have a right against a negligent motor vehicle operator as well. The interrelationship between a workers' compensation case and a personal injury claim is always complicated. You must be careful, as you will be dealing with at least two different insurance companies and their claims personnel. As has been said, you shouldn't go it alone.