Massachusetts Accidents Definition

Legal and insurance terms explained plainly

Like using a ramp instead of stairs, a reasonable accommodation is an adjustment that lets someone with a disability do a job, use a service, or take part in everyday...

DEFINITION 2026-03-26

alternative sentencing

Insurance companies and defense lawyers may point to alternative sentencing to make a crash sound less serious, suggesting that if a judge allowed treatment, probation,...

DEFINITION 2026-03-23

at-will employment

What trips people up most is that an employer usually can fire someone for almost any reason, but not for an illegal reason. At-will employment means either the employer or the...

DEFINITION 2026-03-28

clear and convincing evidence

The part that trips people up most is that it is not the same as "more likely than not." It is a higher burden of proof than a preponderance of the evidence, but lower than...

DEFINITION 2026-03-30

constructive discharge

People often confuse this with a regular firing. A direct termination happens when an employer clearly ends the job. Constructive discharge happens when the employee resigns,...

DEFINITION 2026-03-28

declaration

A sworn written statement. "Sworn" means the person signing it affirms the contents are true, usually under penalty of perjury. "Written" matters because a declaration is meant...

DEFINITION 2026-04-02

deposition

Defense lawyers love this part because it gives them hours to pin an injured person down, test memory gaps, and hunt for anything they can twist into "inconsistency." If pain...

DEFINITION 2026-04-02

employer's first report of injury

Think of it like the incident log a crew fills out right after a crash scene: the first written record that locks in who was hurt, when it happened, and the basic facts before...

DEFINITION 2026-03-25

excess verdict

After a wreck in the I-93 tunnels under downtown Boston, an excess verdict is a jury award or court judgment that comes in higher than the at-fault driver's insurance policy...

DEFINITION 2026-03-21

expert witness

A fact witness tells the court what they personally saw, heard, or did. An expert witness goes a step further: someone with specialized training, education, or experience who...

DEFINITION 2026-04-03

fitness-for-duty certification

You just got a letter that says your employer needs a fitness-for-duty certification before you can return to work. That usually means a healthcare provider must confirm that...

DEFINITION 2026-03-27

fitness-for-duty exam

Why is my employer sending me for a medical exam before letting me work or come back? Usually, it means the employer wants a doctor or other qualified evaluator to decide...

DEFINITION 2026-03-28

FMLA leave

Missing work after an injury can drain a paycheck fast and put health insurance, job security, and a legal claim under pressure all at once. FMLA leave is job-protected, unpaid...

DEFINITION 2026-03-25

hostile work environment

You just got a letter that says the company found "no policy violation" after you reported repeated slurs, threats, sexual comments, or humiliating treatment at work. A hostile...

DEFINITION 2026-03-25

judgment

Not the same thing as a verdict, and not just the judge's personal opinion. A judgment is the court's final, enforceable decision about the parties' rights and obligations in a...

DEFINITION 2026-04-04

OSHA citation

Insurance companies and defense lawyers often point to an OSHA citation in whatever way helps them most: either as proof a worker caused the problem by breaking safety rules,...

DEFINITION 2026-03-25

OSHA complaint

You just got a letter that says a workplace safety complaint was filed, or you are thinking about filing one after being hurt on the job. An OSHA complaint is a report to the...

DEFINITION 2026-03-28

remittitur

Why would a judge cut down a jury award after the trial is over? That is basically what remittitur means. It happens when a judge decides the amount of money awarded by a jury...

DEFINITION 2026-04-03

retaliatory discharge

The nightmare version is getting fired right after reporting an injury, filing a workers' compensation claim, or speaking up about unsafe conditions - and being told it was...

DEFINITION 2026-03-24

right to refuse unsafe work

Insurance companies and defense lawyers sometimes use this idea to argue that an injured worker "chose" the risk and could have avoided harm by declining the task. That framing...

DEFINITION 2026-03-28

serious violation

You will usually see this phrase in an OSHA citation, inspection report, safety audit, or a letter stating that a hazard exposed workers to a risk of major injury. In that...

DEFINITION 2026-03-24

spoliation

Losing, destroying, altering, or failing to preserve key evidence can directly reduce the value of a claim - or sink it entirely. When that happens, a court may limit defenses,...

DEFINITION 2026-03-29

statute of repose

You just got a letter that says your case is barred by the "statute of repose," even though you only recently learned how serious the harm was. That phrase means a hard legal...

DEFINITION 2026-03-31

subpoena duces tecum

Like getting a written demand to bring your receipts, emails, or lab notes to a meeting, this is a court-backed order requiring a person or business to produce documents,...

DEFINITION 2026-04-02

survival action

What surprises many families is that a death case in Massachusetts can include two different claims: a wrongful death claim for certain family losses, and a survival action for...

DEFINITION 2026-03-21

tolling

Insurance companies and defense lawyers sometimes talk about a filing deadline as if it were fixed in stone: miss it, and the case is over. That framing leaves out tolling,...

DEFINITION 2026-04-03

verdict

Insurance companies and defense lawyers often throw around "verdict" to scare injured people into settling cheap. They may hint that juries are unpredictable, that a courtroom...

DEFINITION 2026-03-30

victim impact panel

You just got a letter that says you must attend a victim impact panel before your next court date or as a condition of probation. That usually means a court, probation...

DEFINITION 2026-03-22

whistleblower protection

Legal safeguards that protect a worker from retaliation after reporting illegal, unsafe, fraudulent, or harmful conduct by an employer, coworker, contractor, or public agency....

DEFINITION 2026-03-28

willful violation

Not a simple mistake, oversight, or ordinary carelessness. A willful violation involves a person or company knowingly breaking a legal duty, rule, or safety requirement, or...

DEFINITION 2026-03-25

wrongful termination

Like being forced off Route 3 just before the Sagamore Bridge, a firing can feel abrupt and unfair - but not every bad exit is illegal. Wrongful termination means an employee...

DEFINITION 2026-03-26