Case Evaluation

Industrial Accident Verdicts: AMARAL v. Carlos Rafael Seafood

AMARAL vs. CARLOS RAFAEL SEAFOOD

Date: September 20, 2004;

Result: $ 530,000 Recovery

State: Massachusetts

Facts: The plaintiff, a male in his 40s, was employed by the defendant company as a painter. On October 24, 1996, the plaintiff was injured by an explosion. The plaintiff brought a third-party lawsuit in Federal court that was settled for $ 1,000,000 in February 2001. The plaintiff had alleged that the defendant employer had failed to provide him with proper equipment other than a mask and helmet and that as a result of this failure, he was severely burned on his upper body.

At the time of the settlement in federal court, the workers compensation board agreed: (1) to take a percentage of payment of the lien in full; (2) to consider any money recovered by the plaintiff from other parties would be considered as consortium related; and (3) to not offset against any lump sum proceeds if the workers' compensation case settled in the future.

The plaintiff continued to receive workers' compensation benefits under Section 34A. The plaintiff then brought a claim against the employer under G. L. c. 152, '28, of the workers' compensation act for the alleged serious and willful misconduct of the worker's employer. Section 28 grants double compensation for injuries occasioned by such employer misconduct. The plaintiff was prepared to offer testimony of witnesses and experts as to the employer's failure to provide protective equipment.

The plaintiff was prepared to show that the employer had violated several rules and regulations relating to the painting job the plaintiff had been performing and that the employer did not provide a safe work environment. The case settled in the amount of $ 530,000.

Industrial Accident Case Evaluation

* First Name:
* Last Name:
* Zipcode:
* E-Mail:
* Phone:
Okay to call you at this number?
Yes No
Enter any relevant background information or case specifics so that we can best understand your situation:
To Prevent Automated Submissions, Enter the 4 Digit Number Shown Below
(OR YOU MAY CALL US DIRECTLY AT 888-375-7600)
2130

Industrial Accident Topics

Industrial Accident Videos

Industrial Accident Links

Mesothelioma Resources

Brain Injury Resources

Medical Malpractice Resources

Personal Injury Resources

Product Liability Resources

Subrogation Resources