Having spent 10 years as a writer and editor for business and news publications, winning several journalism awards along the way, Daniel Bencivenga knew he wanted to make a more profound impact in helping people injured by corporate misconduct. He decided to do it through the law and attended Widener University School of Law in the evenings while writing for a series of medical magazines during the day.

After graduating from law school, Mr. Bencivenga began his career as a labor and employment attorney, representing both individuals and unions in complex cases. During this time, Mr. Bencivenga represented hundreds of steel workers in labor disputes resulting from the shutdown of Bethlehem Steel, where 10,000 people would ultimately be displaced as their jobs were moved overseas or to nonunion states. Working with individual clients, Mr. Bencivenga helped shape interpretations of key discrimination statutes including the Americans with Disabilities Act—establishing that the law protects those who have conventional disabilities as well as those who don’t, like burn survivors.

Several years into his career, Mr. Bencivenga began working with the firm’s Martin K. Brigham, representing individuals catastrophically injured both inside and outside the workplace. The two helped bring national attention to legal issues affecting the burn community—through successful representation of seriously burned individuals and through the publication of articles relating to the rights of burn survivors.

Practice Areas
  • Accidents at Work
  • Aviation Disasters
  • Burn Injuries
  • Civil Rights
  • Employment Law
  • Helicopter Crashes
  • Insurance
  • International Disasters
  • Professional Malpractice
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Bucknell University, 1984
  • Widener University Law School, 1994

Nursing Home Arbitration: Good News Bad News
Reprinted from PTL Verdict  |  Volume 2016-2017 Issue 4

September 28, 2016 was a whiplash-inducing day in the world of nursing home litigation. That day, the Centers for Medicare and Medicaid Services (“CMS”) issued regulations that prohibit facilities that receive Medicare and Medicaid funding from using binding arbitration clauses in long-term care contracts. CMS did not mince words: in its extended discussion of its reasoning, it shared its conclusion that “predispute arbitration clauses are by their very nature unconscionable.”

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Trumping Pollution Exclusions
Reprinted from Trial Magazine 

Mark’s life hasn’t been the same since his accident. A year ago, he was overcome by carboncmonoxide produced as a by-product of a machine at his workplace. He lay unconscious for several minutes before he was discovered by a coworker. Though Mark survived the accident, he sustained permanent brain damage.

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Third Party Liability for Workplace Injuries
Reprinted from Trial Magazine 

Careful investigation and creativity may reveal alternative sources of liability for workers who are seriously injured on the job.

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How Do You Spell Relief?
Reprinted from Trial Magazine 

ADA, FMLA, SSA … Lawyers representing injured workers sit down to an alphabet soup of possible legal remedies. Here’s how to spoon up the letters that will best protect your client.

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Confidential Settlement for Greek Landslide Fatality
While vacationing with his family in Santorini, Greece – one of the most visited tourist destinations in the world – a Massachusetts financial planner was killed when he was swept by a landslide from a cobblestone path leading from the water’s edge up to the cliffs formed by the volcanic eruption that created the island. The travel agency that arranged the trip is based in Pennsylvania and the family was referred to Raynes McCarty. As we would learn in the course of a year-long investigation, the location where the accident occurred presented the highest landslide risk in the Santorini island complex. Only a year before the accident, a major landslide – prompting news coverage on Greek national television – occurred at precisely the same location where our client would later be killed. Industry practice required the travel agency to keep abreast of safety conditions and warn their customers. Overcoming a defense that the accident was an Act of God that could not have been anticipated, Raynes McCarty achieved a confidential settlement that secured the family’s financial future.