Massachusetts Workers' Compensation Lawyer Blog

A recent article in the New York Times highlights the importance in seeking compensation following an accident or injury sustained on the job, even if the injured worker fears deportation. In the past month, three illegal immigrants injured in construction accidents in New York were awarded settlements totaling $3.85 million, reports the Times.

One workers' compensation lawyer who represented the workers pointed out that their immigration status is irrelevant to their injuries and does not mitigate their right to seek redress. The worker receiving the largest settlement of the three was a Mexican plumber who was scalded in an accident involving an exploding pipe in 2004. The worker settled hi damage claim for $2.5 million.

Another worker, a 52-year-old Mexican worker, received $750,000 after a steel beam fell on his foot in 2004. And a 36-year-old Ecuadorean worker settled for $600,000 after sustaining a fractured hip and other injuries when three 200-pound tresses collapsed on him. These cases should serve as a reminder to other undocumented workers that they do not need to suffer abusive employment practices in silence.

Payments for Injuries to Workers Here Illegally, New York Times, June 17, 2009

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Earlier this week, we blogged about a near collision between a truck and aircraft at Boston's Logan Airport. On Tuesday morning, a serious accident at McCarran International Airport in Las Vegas injured five construction workers. The workplace accident occurred when a rebar cage collapsed as they were building it, trapping the workers insider.

Another worker reportedly sprang into action, preventing a 30,000-pound rebar cage from crushing the five injured workers. All five workers were removed from the rebar cage and taken to the hospital. Two of the workers have already been released from the hospital, and the other three are listed in stable condition. In February, a paving company employee died, casting shadows over the $2.4 billion terminal project.

Construction resumed following the accident, and the incident remains under investigation by the Department of Aviation and OSHA.

5 hurt in Las Vegas airport construction accident, Associated Press, June 23, 2009

Unknown Man Saves 5 McCarran Airport Workers, Fox5Vegas.com, June 23, 2009

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In Rochester, Mass., Covanta has been cited for seven alleged "serious" violations of federal safety rules at its SEMASS waste incinerator by the Occupational Safety and Health Administration (OSHA). The citations include an accumulation of fly ash on energy 208-volt electrical equipment and exposing workers to electrical hazards such as arc flash and blast. The total proposed penalties add up to $13,500 against the company.

The citations were issued following an inspection requested by Utility Workers Union Local 369, which represents employees at the plant. A spokesperson for the company said it will not appeal OSHA's decision or fines on the June 1 citations and will drop its appeal of previous OSHA citations, because it is in the process of renewing its OSHA Voluntary Protection Program participation and needs the support of Local 369.

Four earlier citations were issued on April 2, 2009 and included alleged violations such as "maintaining" electrical equipment with duct tape and cardboard and storing combustible acetylene cylinders next to oxygen cylinders.

Covanta cited again for safety violations, WickedLocal.com, June 18, 2009

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A North Attleboro, Massachusetts metals refining company has been cited by the Occupational Safety and Health Administration for 10 alleged serious violations of safety standards. A November 7, 2008 gas lack at the plant prompted an inspection by OSHA's Boston South Area Office in Braintree. That inspection uncovered several alleged deficiencies in the plant's Process Safety Management (PSM) program.

According to the citations, the company had not compiled information on the chemicals, equipment, and technology used in the purifying process, and it had not developed and implemented written procedures outlining the process or posted a sign to indicate a confined space, among other safety issues.

OSHA issues serious citations when death or serious physical harm is likely to result from hazards about the employer knew or should have known. The North Attleboro company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA Area Director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA proposes more than $46,000 in fines against North Attleboro, Mass., metals plant following chlorine gas leak, HR.CCH.com, June 10, 2009

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Last Monday, a 42-year-old technician was airlifted to the intensive care unit at Massachusetts General Hospital in Boston following a wave soldering machine accident.

The machine reportedly caught fire and burned the worker from the chest up when he opened a service door on the machine to add an alcohol-based chemical, according to the fire marshal. A sprinkler above the machine put out the fire before the fire department arrived at the scene of the accident.

The worker, who was identified only by the first name of Scott, was conscious and alert when emergency responders arrived. Officials said his injuries are not life-threatening. Representatives from the Occupational Safety and Health Administration are planning an accident investigation to determine if any safety standards were violated. The company released other workers early on the day of the accident.

Man burned in accident on the job in Salem, Eagle-Tribune, June 9, 2009

NH EMS Worker Burned in Wave Accident, CircuitAssembly.com, June 12, 2009

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A Roxbury man has filed a proposed class-action lawsuit against RCN Corp., claiming the broadband company misclassified him and as many as 1,000 other United States installers. According to the lawsuit filed in Boston last week, Fritz Elienberg was employed as an "independent contractor" from 2005 until he was fired in February.

Elienberg claims he and the other "independent contractors" were misclassified so that the company could deny them insurance benefits, overtime, and other benefits. He was also denied compensation to cover medical bills for an injury he sustained on the job.

The lawsuit claims that his employer violated the federal Fair Labor Standards Act and Massachusetts' independent contractor and overtime laws. RCN provides cable TV, internet, and phone services in Boston and in 16 other Massachusetts communities. Elienberg's attorney says that an increasing number of companies are misclassifying workers as independent contractors to avoid paying workers compensation, Social Security taxes, and other expenses.

Man sues RCN for ‘abuse’ of contract workers, Boston Herald, June 2, 2009

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Last week, a construction accident claimed the life of a subcontractor who was doing HVAC work for a Wal-Mart Supercenter. The 54-year-old worker was applying sealant to a ceiling duct when he apparently fell off the ladder, hitting his head on the concrete floor. There were no witnesses to the fatal accident; however, another worker found the victim lying on the floor bleeding from the head.

Following the accident, the subcontractor was rushed to a local hospital, where he was pronounced dead. An EMS crew reportedly told police he had suffered a severe brain bleed.

Falling from a ladder is just one of the possible hazards that workers face. Other risks include on-site explosions, fires, welding accidents, electrical shock accidents, and motor vehicle accidents. These can result in death or serious, life-altering injuries.

Fatal Construction Accident at North Springfield Walmart, KSPR.com, June 4, 2009

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The parents of a worker who died in a construction site accident on I-495 in Lawrence, Massachusetts are campaigning for rules to improve workplace safety and prevent future accidents. The mother of Robert Augeri says that her son's death could have been prevented if the truck that ran him over had been outfitted with rear motion sensors and other safety devices.

The proposed law, called Rob's Law, would require trucks to have those and other safety device like day/night rearview cameras. Augeri is hoping to persuade lawmakers to pass the law in Massachusetts and New Hampshire. Eventually, the goal is to make it a federal mandate.

After the fatal construction site accident, OSHA cited two of the companies involved in the accident. Lewis Maynard Trucking, which was the subcontractor who employed the man the driving the truck, was cited for failing to start and maintain an effective safety program. Brox Industries, which employed Augeri, was cited for failing to ensure that its safety program dealt with directing traffic in areas where workers were on foot and for failing to make sure employees were properly trained.

Parents of I-495 victim seek tougher workplace safety rules, The Eagle-Tribune, June 3, 2009

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Last Thursday, the owner of a construction company was crushed and killed when a large metal silo collapsed on top of him. Ron Samford, 50, was tearing down the silo with two of his employees, according to the county sheriff's chief.

The company was hired to demolish a facility that had produced lime. The facility had been inactive for at least 15 years and had several 100,000 pound metal silos.

According to Tooele County deputy Duke North, "They were just using torches and cutting the metal and the bracing down and they had just completed their cutting and were moving out of the way when it just came down on them."

The business owner died around 1:30pm. Three hours later, rescue crews were still working to lift the silo off of him. Another worker sustained minor injuries in the industrial accident but did not require a trip to the hospital, and the third worker was not injured.

Construction Business Owner Killed in Industrial Accident, Fox13Now.com, May 28, 2009

Business owner crushed to death by silo, Salt Lake Tribune, May 28, 2009

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