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Bernard P. Healy

Bernard P. Healy

Largest Workers' compensation settlement in RI history.
  • Personal Injury, Employment Law, Workers' Compensation...
  • Rhode Island
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Summary

Attorney Healy graduated from Suffolk Law School Cum Laude. Attorney Healy worked in jewelry factories and as an iron worker while attending college and Law school. After working as a partner for a large insurance defense firm, he turned to solo practice protecting your rights. Attorney Healy makes his clients his first priority. You will always meet directly with him, not with a paralegal or a less experienced attorney. He will walk you step by step through all of your legal options, and gladly answer any questions that you have about your case. Attorney Healy will tell you how the Law works for you. “I want you as a client for life.”

Practice Areas
  • Personal Injury
  • Employment Law
  • Workers' Compensation
  • Construction Law
  • Insurance Claims
Additional Practice Areas
  • Insurance Bad Faith
  • General Civil
  • Employee's Rights
  • Car Accidents
Fees
  • Free Consultation
    Many issues can be resolved in a phone call. Please don't hesitate to call. I return all calls the same day. 721-2260
  • Contingent Fees
    You do not pay attorney's fees in Workers' Compensation cases. Personal injury and other forms of litigation are most often handled on a contingency fee basis. I am only paid a portion of the funds actually received.
Jurisdictions Admitted to Practice
Rhode Island
Professional Experience
Member
- Current
Education
Providence College
- present
Suffolk University Law School
LL.D. (1978)
Attorney Healy worked in jewelry factories and as an iron worker while attending college and Law school.
Honors: Cum Laude.
Professional Associations
Rhode Island State Bar
Member
Current
AMA Military Pro Bono Project
member
- Current
Activities: volunteer attorney
Military Pro Bono Project
Pro Bono Lawyer
- Current
Activities: The ABA Military Pro Bono Project accepts case referrals from military attorneys on behalf of junior-enlisted, active-duty military personnel and their families with civil legal problems, and it places these cases with pro bono attorneys where the legal assistance is needed. The Project is also the platform for Operation Stand-By, through which military attorneys may seek attorney-to-attorney advice to better assist their service member clients. If you are a service member, veteran, or military family member in need of legal assistance, visit ABA Home Front (http://www.americanbar.org/portals/public_resources/aba_home_front.html
The Rhode Island Bar Association United States Armed Forces Legal Services Project
Member
-
Activities: The Rhode Island Bar Association United States Armed Forces Legal Services Project is specifically designed to provide those serving in the military and their families with legal assistance. Coordinated with the Attorney-Advisor at the Office of the Staff Judge Advocate, volunteer attorneys directly represent military personnel by accepting civil law cases including family law, probate issues, landlord/tenant, real estate, contracts, consumer, bankruptcy, collections, employment, immigration/naturalization, and income tax. For additional information on this project, contact the Lawyer Referral Service at: (401) 421-7799 or by emaileking@ribar.com.
Certifications
All Rhode Island Courts
RI Bar Assoc
Legal Answers
8 Questions Answered

Q. Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union
A: I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights. There are other reasons a supervisor might choose only 2 out of 3 employees for overtime. it may simply be the supervisor's opinion that those employees are the better workers. That is not some form of discrimination that can be barred. Have you discussed this issue with your union steward? it seems to me that a supervisor, whom I assume is a company man and not a union employee, pursuant to a union contract should not be able to discriminate against employees in reference to the award of overtime. This is an issue which is often addressed in union contracts. I do think you should pursue this matter through your union.
Q. Can police still issue citation after over a month of not contacting us about incident?
A: I do not have sufficient information to answer this question fully or accurately. I think the answer is not one you will want hear. The Police can issue a citation after over a month, despite not contacting you earlier. You mentioned that this was a single car collision. Did the police arrive at the scene ? Was a report initially filed ? Was there a question regarding insurance coverage ? It is not at all unusual for the police to issue a citation several months after a collision for failure to maintain insurance. The lack of insurance may not have been obvious at the time of the collision. Investigation may have revealed that lack later. There is not specific bar against a subsequent citation in regard to an automobile accident, particularly if the issue is lack of insurance.
Q. How can a member of a Laborers union fight against being wrongfully terminated due to nepotism by the union steward??
A: I do not have sufficient information to answer this question fully or accurately. Let me give you my initial impressions. I assume you are a member of a Laborers Union which has assigned you for many years to a specific business. You have apparently performed your job well and you are being forced out of your position because the union steward wants a relation of his to fill that position. While discrimination is barred under many State and Federal Laws, including Rhode Island's Fair Employment Practices Act, that bar does not extend to nepotism. You cannot be discriminated against because of your race, age, gender, sexual orientation, disability, perceived disability, etc. Unfortunately, discrimination based upon nepotism is not specifically barred. I think that you might have some rights under your Union Contract. Have you contacted your Union to complain that your steward is not fairly representing you? In my opinion, that is the best and most effective way to address the issue.
Q. i suffer from major depression, anxiety, bipolar, manic and so on i have hospitalized several times had ECT treatments
A: I do not have specific information to respond fully to your question. Since you have been receiving SSDI since 2006, I assume that you took your early pension at approximately that time. Since this was an employment related benefit, the governing Law was probably Federal, the Employee Retirement Income Security Act. At this point, more than 10 years later, the likelihood of your reversing that assignment is slim to none.
Q. as a plantif can i just end a civil suit
A: Yes. You can withdraw your application for disability benefits at any time.
Q. if someone was charged with a crime and went to court and everything was disposed of can employer hold it against you
A: You probably pled guilty or nolo contendere when you disposed of the case. You are probably an "employee at will" and your employer can discharge you for that long ago criminal conviction. While this can be very unfair your employer's actions are not illegal unless the real motivation was discriminatory.
Q. I've been out on comp for 2 months everything was fine but i got a call today from the case nurse manager and she wants
A: It is not unusual for the Workers Compensation Insurer to assign a nurse practitioner to an injury case like your. Sometimes the nurse practitioner can be helpful. Always keep in mind that she is an agent and probably an employee of the insurer. The practitioner's ultimate loyalty will be to the insurer. You dont have to agree to the practitioner's involvement in the case. The company has no right to have her involved in your case. If you initially agree to her involvement you can withdraw that agreement at any time.
Q. Can I sue for defamation and/or unlawful termination of employment?
A: Response: I do not think that you had a written contract of employment with the insurance company so you probably can not sue, under Rhode Island law, for unlawful termination. A defamation lawsuit is certainly possible. To prevail, the burden would be upon you to prove the insurance company libeled you when it sent correspondence to other states where you are licensed that you had fraudulently answered the question regarding criminal convictions. You state in your details that the charge was expunged more than ten years ago. Are you sure about that? Expungement of criminal records in Rhode Island is governed by Title 12, Chapter 1.3 Sections 1 through 4. If you have had your record expunged, you had to have filed a written Motion for its expungement in the Court where the conviction entered. Even if the case was filed upon a plea of nolo contendere, that filing is not the equivalent of an expungement and the conviction would remain on your record unless you actually filed a Motion to expunge. If you did file a Motion to expunge, Section 12-1.3-4 of the Act provides that, with certain limited exceptions which do not apply, a person whose conviction of a crime who has been expunged may state that he or she has never been convicted of the crime. If your record was indeed expunged, after Motion, the letter that the insurance company sent saying that you had fraudulently answered the question would be libelous. As a practical matter, since you had consulted the licensing department of the company and the personnel in that department advised you that you did not have to disclose an expunged conviction, even if there was no proper expungement, the statement that you fraudulently answered the question might be considered libelous. But, if the conviction actually remains on your record, such an argument would be extraordinarily weak and the case probably would not be worth pursuit. You should also be aware that if a law enforcement agency wrongfully disclosed an expunged conviction, you are also entitled to sue the agency. The statue which I referenced provides for civil liability for anyone who wrongfully discloses the information. I suspect that the conviction was not properly expunged. If it were, I can not imagine the insurance company learning of it three months later.
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Contact & Map
The Law Office of Bernard P. Healy
750 East Avenue
Pawtucket, RI 02860
USA
Telephone: (401) 721-2260
Fax: (401) 721-2230