I DON'T MAKE PROMISES, I GET RESULTS
Attorney DiCicco prides himself on making positive results happen for his clients. Below are a list of case results for you to view. These cases illustrate actual recoveries made. Each case is different and the results of each case can vary.
Since 1982 Attorney David R. DiCicco has been serving the greater Massachusetts area with genuine care and winning results. Call us today for a free consultation!
In April of 2013, the employee a 58 year old resident of Fall River, MA was working as a foreman on a construction site performing concrete work. He sustained a severe fracture to his ankle after tripping on construction materials left on the job site. The employee underwent two surgical procedures but continued to experience severe pain and an inability to walk on uneven surfaces. During mediation at the Department of Industrial Accidents counsel was able to secure a settlement in the amount of $325,000.00. In addition the employee was awarded Social Security Disability benefits.
Worker's Compensation - Post Traumatic Stress Disorder
On February 19, 2008, the employee, a 49 year old South Boston resident who worked as a nurse manager at a long term health care facility, was attacked by a patient, resulting in injuries to her cervical and thoracic regions. In addition she complained of injuries to her hands and wrists, sustained when she attempted to defend herself. She received total disability benefits following the incident.
She has treated conservatively for her physical injuries, but subsequently she also experienced anxiety, nightmares and fear stemming from the incident. She was diagnosed with post-traumatic stress disorder for which she has received psychiatric care. Counsel also asserted a claim of employer (based on the employee's allegation that the employer had ignored her request for more security on the floor where she was working). The settlement, equivalent to three years of future weekly benefits, greatly exceeded the total disability benefits available to the employee.
Construction Site Injury/Workers' Compensation
$250,000.00 (lawsuit against general contractor)
$167,500.00 (workers' compensation settlement)
The 35-year-old plaintiff, a Gloucester resident, was employed as a mason at a construction site at Boston College, in Chestnut Hill, MA. While in the course of waterproofing a building by use of a high pressure spray gun which emitted heated synthetic latex, a hose carrying the synthetic latex burst, penetrating the plaintiff's right hand, and requiring immediate medical attention.
The plaintiff alleged that the hose that burst was extremely worn and in poor condition and that he had previously requested it to be replaced. As a result of the injection injury the plaintiff underwent multiple surgeries to remove the latex from his hand. The plaintiff's expert, an occupational medicine specialist maintained that as a result of the accident the plaintiff experienced chronic pain syndrome, hand tremors, scarring and post-traumatic stress disorder. The plaintiff asserted he could not return to work as a mason.
With the efforts of counsel, the plaintiff was able to remain on full workers' compensation benefits until settling his claim with his employer's workers' compensation insurer. Counsel also obtained an award of monthly Social Security Disability benefits.
The defendant general contractor, a Boston, MA construction company, argued that it was not responsible for the plaintiff's accident as maintenance of the hose rested with the plaintiff's employer and that it had no notice of the condition of the hose. The defendant also disputed the extent of the plaintiff's injuries and disability.
The case settled after mediation, before trial.
The injured worker was an electrician on a construction site in Boston, Massachusetts. He tripped and fell on a premises defect suffering a torn rotator cuff requiring arthroscopic surgery. The injured worker received weekly total disability payments for a period of time and then we were able to settle the case with the workers' compensation insurer for $90,000.
The 44-year-old employee, a resident of Rhode Island was injured on a job in Massachusetts. While working in a fozen food warehouse the employee sustained a fractured ankle with ligament and tendon damage when his ankle was caught between two electric pallett jacks. The employee sustained a crush injury to his ankle. The employee had a workers' compensation rate of only $287 per week and with the efforts of counsel the employee was able to secure a settlement of $240,000.00 representing approximately 16 years of future workers' compensation benefits.
Medical Malpractice/Unnecessary Surgery
In April of 2001, the then 51-year-old employee, a resident of Revere, MA worked for an airline company, and was required to handle baggage/luggage. On April 21, 2001 she sustained an injury to her low back when she attempted to lift a heavy piece of luggage. She was diagnosed as sustaining a herniated disc at L5-S1 for which she underwent surgery at New England Baptist Hospital in Boston. She returned to work, but due to her deteriorating condition, she underwent a fusion surgery in 2004 that led to her being disabled from employment again.
A further procedure to stimulate fusion in her spine occurred in 2005. With approximately 1½ years of temporary total disability benefits available counsel was able to negotiate a settlement equivalent to more than 10 years of future weekly benefits. In addition, counsel successfully brought a claim to have the employee awarded Social Security Disability benefits.
On July 23, 2004, the employee, a 45-year old resident of Middleton, MA was employed by a masonry contractor from Walpole, MA as a bricklayer foreman. The employee sustained serious injuries when he fell approximately 10-12 feet as he was attempting to climb from a lower roof level to a higher roof level at the Milton High School in Milton, MA, where he was working on a construction project on behalf of the masonry contractor. He was attempting to access the upper roof via a metal ladder permanently affixed to the building. As he climbed the ladder the Employee fell backwards onto the lower roof, with his back, right shoulder and cervical spine striking the roof surface with great force. Following this incident he experienced nausea, as well as pain in his back and neck, together with a "pins and needle" sensation in the cervical region.
The employee first received medical treatment at the Lahey Clinic Medical Center, in Burlington, MA, where he received emergency care. Given his complaints of pain and sensory concerns related to his neck and shoulder, he was immediately placed in a hard collar, and a CT scan of his head, neck, chest, abdomen and pelvis, cervical and thoracic spine was carried out. The CT scan was interpreted to reveal a fracture of the lamina of T3 and disc herniation of C4 with impingement of the spinal canal. An MRI was then performed, and while it ruled out evidence of a fracture, swelling was noted in the area of the C4 herniation. He was discharged from Lahey Clinic, with instructions to continue to wear the hard collar, rest and follow-up with a neurosurgeon.
The neurosurgeon determined that the employee sustained spinal cord compression and root compression at C5-6 and C6-7 in his fall, and as a result was totally disabled. He opined that the flexion and extension of the head and neck that occurred when the employee fell severely impacted the spinal cord. He suggested that the employee undergo spinal cord decompression surgery of C4 through C7, given the marked compromise at C5-6. He also recommended decompression of the roots at C5-6 and C6-7. Despite his recommendation, the doctor admitted that there was no certainty that the surgery would correct the Employee's condition, and given the risks associated with the procedure, which included paralysis, as well as death, the employee resolved not to undergo surgery.
The insurer initially discontinued the employee's weekly benefits because he chose not to have surgery. Counsel successfully brought a claim to reinstate the employee's compensation benefits, before eventually successfully negotiating a settlement before trial. At the time of settlement the employee had approximately one and a half years of future Section 34 benefits available. The proposed lump sum settlement represents seven years of future benefits at his present workers' compensation rate. Prior to settlement the employee was also awarded ongoing Social Security Disability benefits which presently exceed $2000.00 per month.
Premises Liability/Ice and Snow/Fall
The plaintiff, a resident of Mississippi, was a long distance truck driver making a delivery of materials to a company in Milford, Massachusetts. After making the delivery and parking his truck on the premises, he went into the building to make a telephone call. When returning to his truck the plaintiff fell on ice and snow in the parking lot sustaining a hip injury.
Claims were asserted against the building owner and the snow removal company. Both parties strongly contested liability for the accident. The case was settled at mediation resulting in a settlement of $140,000 for the plaintiff.
Premises Liability/Warehouse Accident
The plaintiff, a resident of Lynn, Massachusetts, was a truck driver making a delivery to a supermarket warehouse. The warehouse required the truck drivers to unload their own trucks utilizing electric pallet jacks. While the plaintiff was inside the warehouse making his delivery, an electric pallet jack being operated by another truck driver struck him, causing an injury to his knee.
A claim was brought against the warehouse and also against the operator of the other pallet jack. The case settled for a total settlement of $180,000.
At the Law office of David R. DiCicco, we serve people in Lynnfield, Lynn, Peabody, Middleton, Danvers, Revere, Saugus, Melrose, Malden, Everett, Salem, Reading, North Reading, Wakefield, Beverly, Burlington, Boston, Brockton, Easton, Whitman, Holbrook, Avon, Stoughton, Bridgewater, West Bridgewater, Braintree and communities throughout Essex County, Suffolk County, Plymouth County and Middlesex County.
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