Massachusetts Workers' Compensation Lawyer Blog

A worker was injured Tuesday after falling from the Hingham Middle School construction site.

The 45-year-old man from New Bedford, MA, apparently fell from the third story scaffolding of the building around 1 p.m. on Tuesday afternoon. According to Hingham Police Sergeant Steven Dearth, the worker was conscious when paramedics arrived, and was taken to South Shore Hospital in Weymouth, MA.

Construction at the school has since stopped while officials from the Occupational Safety and Health Administration (OSHA) investigate the incident. The identity and injuries of the worker are still unknown.

While it is still unknown the reason to why the worker fell in the first place, there are factors that may have played a role into his fall. Scaffolding is a temporary platform that is often used on construction sites to reach areas that are not accessible by ladder. These types of accidents occur for a variety of reasons including incorrect assembly, manufacturing defects, collapse or failure, broken platform, slippery surfaces, and inadequate training or experience with the equipment. And because of the height of these structures, injuries are severe or fatal and may include fractures, broken bones, spinal cord and traumatic head injuries, and even death.

Scaffolding and general requirements on construction sites are the number one safety violation cited by OSHA officials. Construction falls are also the number one cause of death and injury in workplace settings in the United States, accounting for 251 deaths (35% of total workplace deaths) in 2011.

Safety Tips for Workers

All laborers who regularly work on scaffolding must be properly trained with suspension scaffolding and fall protection equipment. In most scaffolding fall cases, the accident was completely preventable.

When working on scaffolding, workers should take the following precautions:

-Learn the proper OSHA standards and regulations for working on scaffolds; such as weight capacity, construction, fall protection, proper scaffolding use.
-Ensure that the scaffolding being used is designed correctly and conforms to OSHA regulations.
-Shield all scaffold suspension ropes and body belt harness system droplines from abrasive or sharp edges to prevent them from being severed.
-Carefully inspect all scaffolds and their components, as well as personal fall protection equipment.
-Ensure that all workers are well equipped with proper fall protection equipment prior to stepping onto a scaffold.
-Properly anchor tiebacks of the scaffolding at different points.

Continue reading "Construction Worker Injured after Fall at Hingham Middle School" »

This week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new initiative to help protect temporary workers from workplace injuries. The memo and plan comes after a series of reports OSHA received about temporary workers suffering serious and fatal injuries during some of the first days on the job.

The most recent fatality report was in February when a 21-year old employee was crushed while on his first day at the Bacardi Bottling Corporation. The man was not a regular employee, and was hired as temporary. Bacardi Bottling received twelve safety violations, including nine serious violations which totaled fines of $192,000 after the incident.

The new memo and subsequent initiative, which OSHA has already begun implementing, acknowledged the often lack of training given to temporary workers because of their short-term status, and the need for more regular inspection of workplaces and enforcement of safety regulations on behalf of OSHA officials. The memo also acknowledged the need for regular interviewing of employees to ensure they have received the proper training in their native language, because temporary employees are often foreign and do not natively speak English.

The memo called for OSHA officials to:
1.) Do more regular inspections of workplaces to assess whether employers are complying with their responsibilities under OSHA laws.
2.) Use a new code to denote when temporary workers are exposed to safety and health violations.
3.) Assess if temporary workers have received required training in a language they understand.

Continue reading "OSHA Launches a New Plan to Keep Temporary Workers Safe on the Job" »

Each year thousands of workers are injured in workplace incidents around the Commonwealth. Last year alone, over 50,000 workers were injured and more than 30 were killed on Massachusetts job sites. A study published by The Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health found that construction is the most dangerous work industry and far surpasses any other industry in the amount of workplace injuries and fatalities.

Forklift accidents are one type of incident that most often occurs on construction sites, manufacturing and storage warehouses, and accounts for a great number of workplace injuries.
Accidents with forklifts can be caused by numerous factors such as unsafe workplace conditions, inexperience, or unsafe practices while operating the machinery. Accidents caused by those types of factors are almost 100% preventable if the proper safety precautions are taken.

Some of the most common physical conditions that contribute to forklift accidents include slippery or uneven surfaces, floor and load limits, and obstructions. Slippery and uneven surfaces pose hazards such as skidding and tip over, especially when a forklift is traveling over oil, grease, water, mud, gravel, and other uneven ground conditions. It is most advised to avoid these types of surfaces whenever possible and spread material, such as sand or other absorbent material, over slick areas you cannot avoid to prevent skidding. Workers should always report unsafe conditions, and warning signs should be implemented to warn others of danger, until the area can be properly cleaned.

Continue reading "Dangerous Workplace: MA Construction Site Accidents Are Most Serious and Most Fatal Study Recent Finds" »

A report published by The Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health found there were 32 work related deaths in Massachusetts in 2012. Though the number is lower than that of 2011 (58 deaths), the organizations are calling for change at both deferral and state levels to further prevent workplace injuries and deaths in the Commonwealth.

The Facts

According to the study, motor vehicle accidents and falls were among the leading causes of workplace death, with 5 deaths being related to transportation accidents, and 6 deaths caused by falls. Construction site fatalities accounted for 19% of the total number of work related deaths, and remained the most dangerous work industry. The average age of death was 50 years old, but individuals ranged from ages 17 years to 73 years old. Of the total number deaths, 7 individuals were firefighters, and 4 were fishermen.

Though the number of fatalities over the past several years is “relatively low by historical standards,” there were significantly high numbers of non-fatal work injuries and occupational disease diagnoses. According to the study, 50,000 people sustained serious injuries at work. More than 300 workers died from occupational disease and 1,800 workers were diagnosed with cancer or other diseases related to workplace exposure.

The major contributing factor in the number of workplace fatalities in Massachusetts, according to the report, is a lack of funding for OSHA regulators and lack of adherence by both employees and employers to exercise necessary safety precautions on job sites. There is, according to the organizations, little enforcement of safety policies by OSHA as well as ramifications for businesses that fail to institute proper safety measures. OSHA still remains seriously underfunded and understaffed, and lacks the ability to inspect each worksite and enforce protocols at every business.

Continue reading "Report Shows 32 Workers Died in Massachusetts Workplace Accidents in 2012" »

Two workers were hospitalized after sustaining injuries at a construction site in Kingston, MA this morning. The men, whose injuries were classified as non-life threatening, were taken to Jordan Hospital after a wall that was being moved into place fell.

The men were working at a house being built on Country Club way in Kingston. According to public records, the property is owned by High Pines Corporation.

Regardless of the severity of the injuries, both workers are entitled to workers’ compensation benefits to pay for any medical costs directly related to the incident. In Massachusetts these benefits should guarantee, in addition to covering initial medical costs, coverage of disability payments, and compensation for any permanent bodily damage (disfigurement, scars, loss of function, etc.)

The injured workers are entitled to worker compensation benefits, which include:

• Immediate payment of all lost wages
• Ensuring that all necessary medical care is provided for in a timely fashion
• Having all bills processed and paid by the workers’ compensation insurance carrier

Continue reading "Workers Hospitalized after Kingston, MA Construction Site Accident " »

A steelworker working at the new Duxbury High School was rushed to the hospital on Wednesday afternoon, after a 20-foot fall from the building's roof.

According to emergency officials, two workers fell from the building’s roof decking around 3 p.m. One of the workers was caught by the safety harness he was wearing, but the other worker’s harness cable snapped, causing him to fall two stories to the ground. Construction workers were able to free the suspended worker before emergency crews arrived.

Duxbury Fire Chief Kevin Nord, said the worker who fell suffered non-life threatening injuries to his neck, back, and torso, and was taken by ambulance to South Shore Hospital in Weymouth, MA. Occupational Safety and Health Administration (OSHA) officials immediately responded to the construction site after the incident.

The injured worker is entitled to his worker compensation benefits, which include:

• Immediate payment of all lost wages
• Ensuring that all necessary medical care is provided for in a timely fashion
• Having all bills processed and paid by the workers’ compensation insurance carrier

Continue reading "Steelworker Rushed to Hospital After Falling Off Roof at Duxbury, MA High School" »

An employee at a glass bottling plant in Milford was hospitalized with first-degree burns to his face after a propane tank explosion on Sunday morning.

According to Milford Fire Lieutenant Frank Ferrante, the employee, 55, was filling up a forklift’s tank at Saint-Gobain Containers Inc. when the one-thousand gallon propane tank exploded. It took firefighters nearly an hour to control the fire because the main tank was still spewing fuel when crews arrived at the scene.

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A Framingham, MA Public Works employee was seriously hurt in an accident with a 14-inch circular blade chop saw, said Framingham Police Lt. Ron Brandolini.

The unidentified DPW water department employee, in his 20s, was working on the sewer on Woodlawn Drive when the gas-powered saw he was using kicked back and cut his left shoulder, said Framingham Town Manager Bob Halpin. He “severely cut an artery in his arm” as he was working in the trenches, said Halpin. He was conscious and communicative at the scene of the accident.

The employee climbed out of the trench on his own, and then his co-workers treated him until emergency responders arrived, using a belt as a tourniquet. “It was a harrowing experience,” Halpin said. “They basically saved his life.” Halpin described the incident to Framingham Selectmen as a “serious workplace” accident.

A medical helicopter brought the employee to Beth Israel Deaconess Medical Center in Boston for treatment. The employee was in stable condition.

Kevin Franck, Director of Communications for the Massachusetts Office of Labor and Workforce Development, said “Framingham Police Department notified the (Massachusetts) Department of Labor Standards that a worker for the Framingham Water Authority received serious injuries while working in a trench with a circular saw," He added that "A DLS employee was immediately directed to the scene to conduct a survey of the worksite and interview witnesses and other public employees present. Our investigation will focus on whether common industry standards for safety were in place, why the accident happened and how similar accidents can be prevented in the future. DLS is tasked with looking into public sector occupational accidents and helping employers to ensure the safety of public workers.”

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Natural gas producer J.R. Resources was issued eight citations by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), for safety violations at its Ringgold well site. OSHA launched the investigation last August after a worker died from injuries he suffered at a flash fire. Officials determined J.R. Resources failed to maintain a safe work environment and failed to require and provide flame-resistant clothing that may have saved the worker.

Of the eight violations, J.R. Resources was issued seven serious violations, including failing to require and provide flame-resistant clothing to be worn when working around natural gas; failing to provide fall protection from stairs on brine tanks; failing to provide a written hazard communication program and training; and improperly labeling tanks and failing to prevent workers from riding in the bucket of a backhoe. They were also given a fire hazard citation for an electrical pump that was placed near flammable materials. OSHA issued the citations because the violations posed substantial probability of death or serious physical harm to workers, and J.R. Resources knew or should have known about the hazards.

Continue reading "PA Natural Gas Producer Issued Citations after Failing OSHA Safety Inspection" »

A truck weighing close to 140,000 pounds rolled or slid backwards, crushing the legs of an employee of a Stoughton, MA company.

The unidentified man was working for J.F. White Contracting Co., repairing commuter rail tracks and the Shawsheen River bridges by the Lupine Road. He was attempting to attach a heavy equipment trailer to the truck. The piece of equipment was a Caterpillar 330D and low-drill attachment that was en route to another construction site about 2 miles away, said Fire Chief Michael Mansfield in a press release.

Police received a 911 call about the accident at around 11:38 a.m., Mansfield said. When police and firefighters arrived at the scene, they found the worker pinned under the tractor-trailer’s two rear tires. It took about 25 minutes to free the victim, said Mansfield. He said firefighters lifted the tractor-trailer and machinery off the man using rescue air bags.

Andover Police Lt. James Hashem said the man sustained “a severe crushing injury to his lower extremities." Police are waiting to notify the man’s family before releasing his identity, Hashem said.

Andover Fire Rescue personnel and Lawrence General Hospital paramedics took the man from the scene of the accident to Beth Israel Hospital in Boston via Med-Flight. Mansfield said the man suffered “life-threatening injuries,” but was conscious and alert. The Med-Flight helicopter landed in the parking lot of Hewlett-Packard off Dascomb Road.

Massachusetts State Police, the Occupational Safety and Health Administration, and Andover Police are investigating the accident.

F.J. White did not comment on the incident. The company has performed substantial work on railroad tracks around Massachusetts, having rebuilt the bridge over the Merrimack River from Haverhill to Bradford.

Continue reading "Employee of Stoughton, MA Company Severely Injured at Work" »

A construction worker fell 30 feet off a building but escaped serious injury when he landed on bubble wrap, said a spokesman for the Boston Fire Department.

The 38-year-old-man, whose name hasn’t been released, lost his balance while working on the building at 1959 Commonwealth Avenue in Boston, falling through the wooden planking of the scaffolding, said Boston Fire Department spokesperson, Steve MacDonald.

Firefighters had to cut him free from the bubble wrap. He then went to the hospital to receive treatment for back and shoulder injuries.

The building is currently under construction, and covered in bubble wrap to keep in heat and dust and block winds. “The plastic was covering the entire side of the building and engulfed him,” MacDonald said. “We had to slice the plastic away so the medics could treat him.”

One area resident reported hearing the man fall. “I heard like a crash, sort of, but I didn't hear any voices after that. I guess it sounded like a rustling of this and a little boom,” said Karli Sultzbaugh.

Sultzbaugh said construction had been going on at the building for a while. "So, I just expected they had been knocking on something. I don’t know if he got tangled up in the plastic and that pretty much saved him from falling onto the concrete, so that's really good.”

Federal safety officials are now investigating the incident. Representatives of OSHA, the federal agency that oversees workplace safety, arrived at the construction site later that day to inspect the building. At the moment, investigators aren’t sure where the man was standing before he fell, and don’t have much information about the company responsible for the construction.

Continue reading "Bubble Wrap Saves Falling Boston Construction Worker" »

Research shows that older Massachusetts employees are not necessarily more of a drain on the workers’ compensation system than younger employees.

A recent report from the National Council on Compensation Insurance stated “there is growing evidence that an aging workforce has a far less negative impact on workers compensation claim costs than might have been thought.”

The study found that costs for workers age 35 to 65 tend are be quite similar. Duration, treatments per claim, benefits per day, and costs per treatment are all similar for people in this age range. Costs for people age 35 and younger are lower, but older employees’ higher wages and in turn, higher premiums, offset this difference. Older workers have more costly injuries, but those injuries are becoming more prominent for younger workers.

NCCI explains that our physical and mental performance deteriorates as we age, but at a much slower rate than many assume. The report cited an earlier study that looked at three measures of performance: long-distance running, sprinting, and chess. For individuals age 35 to 65, the deterioration rate is 27% for a long-distance run, 19% for a sprint, and only 6% for chess.

Employers are also taking extra measures to keep their employees safe on the job site. Vulcan Materials Company changed the location of water tanks in delivery trucks, moving them from the top to the side, to make them easier to fill. It has also decreased the weight of chutes used for dispensing concrete. Harley Davidson provides trainers to treat aches and pains between shifts, and Duke Energy Corporation has a stretching program for its employees.

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