Massachusetts Workers' Compensation Lawyer Blog

Six Massachusetts men were working on a construction site in York, Maine when one fell from the roof of the American Legion building where they were working. Police arrived at the job site and discovered the workers, who told police they work for MQ Construction in Massachusetts and commute each morning from Revere.

The workers did not have United States identification, so the police contacted the U.S. Immigration and Customs Enforcement (ICE) and the federal Occupational Safety and Health Administration (OSHA). When officers tried to contact MQ Construction to report the accident, they discovered that there is no company listed under that name in Massachusetts.

After falling from the roof, the injured construction worker told police his name was Esterberto Urena. Urena suffered a broken rib and was transported to York Hospital for treatment. He was released from the hospital, but his whereabouts since then are unknown. The other five workers were taken into custody as they await hearings by an immigration court. The men’s Ford van was impounded and remains at Jack’s Towing.

As immigration officials examine the men’s case, OSHA is also investigating the circumstances surrounding the accident. As part of OSHA’s investigation, they took a harness and holding strap from the construction site.

If you were injured on the job, then contact our Massachusetts workers compensation lawyers. Our team of experienced attorneys handles cases throughout the Boston metro area. We will work with you to recover benefits and ensure that you receive the best medical treatment and care available.

Illegal workers are arrested after accident, Seacoastonline.com, June 17, 2008

Related Web Resources

Immigration and Cultural Diversity in Massachusetts, mass.gov

Worker Safety Series - Construction, osha.gov

Massachusetts Secretary of Labor and Workforce Development Suzanne M. Bump announced last month that the state is launching a new EOLWD website and toll-free hotline, 1-877-96-LABOR, so that workers can report suspected workplace fraud activity. Attorney Michael Bradley, formerly of the Norfolk County District Attorney’s Office and the Plymouth County Sheriff’s Office, has been appointed Executive Director of the Joint Task Force to handle operational issues likes investigating tips from the hotline and website.

The goal of this new initiative is to reduce the “underground economy,” meaning employers who misclassify employees as independent contractors, do not have a workers’ compensation policy, or pay their employees in cash “off-the-books” to conceal their business activities from local and federal government. It is also aimed at claimants who collect unemployment insurance or workers’ compensation while they are actually working.

"Stamping out such fraud is a high priority of the Patrick Administration,” said Secretary Bump. "The hotline and website are ways to report wrongdoing so that we can restore fairness in our state's economy and help those who go to work each day to earn an honest day's wage.”

If you suffered from an injury or accident on the job and you’re not receiving the medical treatment and monetary compensation to which you are entitled, then we can help. Our Boston workers’ compensation attorneys can negotiate for the highest possible injury settlements and verdicts as well as protect clients from insurance companies or employers that want to cut off benefits.

A new hotline for workplace fraud debuts, Boston.com, May 20, 2008

Massachusetts Governor Patrick Administration Announces New Hotline, Website for Public to Report Workplace Fraud Activity, CompNewsNetwork, May 23, 2008

Related Web Resource

Joint Task Force on the Underground Economy and Employee Misclassification

Last week in Lawrence, Massachusetts, a 10-wheel Mack truck killed Robert Augeri of Londonderry, Mass. Augeri died at 1:30 am on his 31st birthday while working for Brox Industries on a highway paving project on Interstate 495. The truck, which was driven by Robert McCann of Methuen, Mass., had backed into the closed left travel lane near Exit 44.

The Massachusetts State Police and the Occupational Safety and Health Administration (OSHA) are launching a dual investigation, examining the truck and construction job site to ensure that federal safety regulations were followed. According to the Highway Department, this was the first fatal accident in a Massachusetts Highway Department Construction Zone in more than a decade.

That news comes as little consolation to Augeri’s family. His parents, who reside in Lowell, Mass., told the Eagle Tribune that their son was so committed to giving his wife and four young children a good life that he held down three jobs. The father and husband also worked for Chunky’s Cinema and SPR in Milton.

Although no charges have been filed, Augeri’s parents want answers. Why wasn’t there a spotter to monitor moving equipment at the job site? Did the Mack truck use orange strobe lights to warn construction workers when it was backing up?

If you have a family member who died in a construction accident, then contact our Massachusetts wrongful death lawyers. Our team of experienced attorneys has access to a variety of experts, including forensic pathologists and accident reconstruction experts, to help represent your case. You pay no fees until recovery.

Father from Londonderry dies in construction accident, Eagle Tribune, June 4, 2008

Truck runs over man in highway construction zone, Boston.com, June 3, 2008

Massachusetts contractors Shawnlee Construction and James T. Lynch Contractors, Inc., potentially face over $100,000 in fines for violating federal safety standards, announced the Occupational Safety and Health Administration (OSHA) last week. OSHA says the construction site of a new McDonald’s restaurant in Concord, New Hampshire put construction workers and other employees at risk for injuries by not following safety standards.

Last November, OSHA compliance officers visited the McDonald’s construction site and found employees of Shawnlee Construction working on 15-foot high trusses without fall protection or properly anchored fall-protection lifelines. The officers also found that Shawnlee workers were not wearing eye protection while using nail guns nor did the company use fall protection harnesses and lanyards properly. OSHA has cited Shawnlee for similar work site violations in Massachusetts, Connecticut, and Rhode Island during the past three consecutive years. Because the Plainville, Mass.-based roofing company is a repeat offender, they received $96,500 in fines.

James T. Lynch Contractors, Inc., an excavation company based in Reading, Massachusetts, was also fined a total of $23,700 for using an access ladder that was too short, not having a hazard communication training program, and for putting construction workers at risk for cave-in accidents. The latter was considered a willful violation, which is the most serious violation, committed with "plain indifference to or intentional disregard for employee safety and health," according to a press release announcing OSHA’s findings. The excavation company had been sited for similar violations in the past.

Both companies have 15 days to meet with OSHA or contest their fines.

If you suffered injuries from a construction accident, an industrial accident, or another workplace accident, our Massachusetts construction accident attorneys can make sure that you receive the medical treatment you need and the worker’s compensation you deserve under the law. We can protect clients from employers or insurance companies that want to cut off benefits or help families collect compensation in workplace wrongful death cases.

NH officials say 2 Mass. contractors endangered workers at site, Boston Herald, June 10, 2008

Two firms fined for safety lapses, Concord Monitor, June 12, 2008

Related Web Resources:

Massachusetts Department of Industrial Accidents, mass.gov

Occupational Safety & Health Administration, osha.gov