#United States #Boston #Keches Law Group #Union Mason #Massachusetts Court

Massachusetts Court Ruling: A Landmark Decision for Union Workers

In a significant legal victory, the Massachusetts Superior Court issued a groundbreaking judgment exceeding $90 million in favor of a union mason. This case, identified as #2284CV00652-BLS2, marks a historic moment not only for the plaintiff but also for the fight against unfair insurance practices. This substantial judgment follows a previous jury award of $26.6 million in 2021, positioning it among the largest reported awards for bad-faith insurance practices in Massachusetts history.

Background of the Case

The injured mason, a 27-year veteran and member of Local 3 Union, experienced life-altering spinal and orthopedic injuries while working on the Longfellow Bridge rehabilitation project in Boston. The injuries were a direct result of unsafe working conditions, attributed to an improperly constructed interior scaffold that violated OSHA standards. A Middlesex County jury found the responsible contractor liable in 2021, leading to the initial substantial award for damages.

However, the case did not conclude there. Following the contractor’s verdict, the legal team at Keches Law Group pursued additional claims against several insurance companies under Massachusetts General Laws Chapter 93A and 176D, alleging unfair and deceptive practices. The claim highlighted the insurers' failure to conduct fair investigations into the claims, leaning heavily on circumstantial evidence that misrepresented the facts.

The Court's Findings: Willful Violations by Insurers

After a grueling 10-day bench trial, the Court issued a scathing critique of the behavior exhibited by Peerless Insurance Company, Liberty Mutual Fire Insurance Company, and Ohio Casualty Insurance Company. Key findings included:

• - Neglect of Safety Documents: The Court found that the insurers disregarded critical safety documents which were required under the contract with MassDOT.
• - OSHA Violations Ignored: The investigation overlooked serious OSHA violations, notably the hazardous gapped scaffolding that directly jeopardized worker safety.
• - Unreliable Sources: The insurers based their defenses on unreliable witnesses and unsupported theories, severely undermining the integrity of their investigation.
• - Inaccurate Internal Reporting: The insurers were also found to have produced internal reports riddled with omissions and misstatements about key facts concerning the case.
• - Failure to Assess Liability: Despite clear evidence of liability, the insurers notoriously delayed and denied fair evaluation of the case.

Implications of the Ruling

The Court determined that the insurers had engaged in willful violations of Massachusetts insurance law, signaling a strong warning against manipulating facts and disregarding the safety of workers. The judgment served as an essential reminder that justice must prevail, especially for those injured in their line of work.

Attorney Andrew Abraham, who argued both the original case and the 93A claim, emphasized the importance of holding insurers accountable: "This judgment sends a powerful message that insurers cannot ignore safety violations or delay justice for severely injured workers. The ruling restores accountability in a system designed to protect those in need."

Abraham continued, "Large insurance companies often believe they possess negotiating advantages over a vulnerable workforce. This verdict proves that the law is designed to protect injured individuals from unfair treatment by insurers. Today, it was shown that these companies treated the plaintiff willfully, demonstrating the need for a fair and equitable legal process."

A Life-Changing Judgment for the Mason

The implications of the Court's decision extend beyond the financial award. This ruling solidifies the client's total recovery to over $90 million, significantly impacting his ability to sustain long-term care and stability for himself and his family following a devastating accident.

About Keches Law Group

Keches Law Group stands as one of Massachusetts' largest and most reputable personal injury and workers' compensation law firms. With over 50 skilled attorneys and multiple offices throughout New England, the firm has successfully recovered billions for clients, engaging in pivotal litigation surrounding workplace safety and insurance misconduct. This landmark case adds to their strong record of advocating for the rights of injured workers.

For further inquiries or media coverage, please contact:
Tim Blacquier
Email

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