Massachusetts Workers' Compensation Lawyer Blog

Last Tuesday morning, an accident involving a gravel truck killed a 54-year-old construction worker. Police say the worker died at the scene of the construction accident after the gravel truck accidentally drove over him.

Authorities are continuing to investigate the fatal accident.

In addition to motor vehicle accidents, construction workers face a number of other hazards on the job, including crane collapses, welding accidents, on-site explosions, fires, defective construction tools, and electrical shock. These types of accidents can result in serious injuries such as brain damage, spinal cord injuries, internal injuries, and severed limbs.

Sources: Fatal accident at Enbridge oil site north of Crookston: Driver, victim identified, Crookston Daily News, November 25, 2009

One killed in construction accident north of Crookston, Osakis Review, November 25, 2009

Continue reading " Gravel Travel Accident Kills Construction Worker " »

The United States Bureau of Labor Statistics reported that New England recorded fewer work-related deaths last year. They attribute this trend partly to the recession. Final statistics will be released in April, but preliminary data for Massachusetts, Connecticut, Rhode Island, Maine, Vermont, and New Hampshire showed only 136 workplace deaths in 2008, as opposed to 163 in 2007.

In Massachusetts, 61 workers died last year compared to 75 the previous year. Forty-five of those workplace fatalities were white, non-Hispanics. Thirty percent of those deaths were transportation accidents. Falls were the cause of death behind fifteen of those fatalities and ten workers died as a result of exposure to harmful substances or environment. Eight workers died as a result of violent assaults or self-inflicted injuries.

The majority of workers killed in New England last year were men between the ages of 25 and 64. For the purposes of this report, workers must have been engaged in a legal work activity or present as a requirement of this job. The report does not include deaths that occur while commuting.

Source: Feds Report Fewer Workplace Deaths in New England, InsuranceJournal.com, November 23, 2009

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A Massachusetts contractor has received several citations from the Occupational Health and Safety Administration for alleged repeat and serious violations of excavation safety standards. An OSHA inspector watched as three employees worked in an unprotected trench in Boston.

The trench was nearly 6 feet deep and was not sloped at a shallow angle or otherwise protected against a potential collapse of its sidewalls. According to OSHA standards, all trenches and excavations five feet or deeper must be protected against collapse.

As a result, OSHA has proposed $33,700 in total fines. $28,000 of that is a repeat citation due to a similar hazard in the past. Another $5,700 in fines is two serious citations for not having a ladder or other safe means to exit the trench and not having the trench inspected by a competent person. The contractor has 15 business days from receipt of its citations and proposed penalties to comply, contest the findings, or participate in an informal conference.

Source: Cave-In Hazard Leads to $33,700 in OSHA Fines for Hyde Park, Mass., Contractor, EHSToday.com, November 18, 2009

Continue reading " OSHA Fines Hyde Par Contractor for Excavation Safety Issues " »

A construction accident at a performing arts center killed one construction worker and seriously injured another earlier this month. The fatal construction accident occurred at the site of the future Kauffman Center for the Performing Arts in Kansas.

According to police, a 35-year-old worker died, and a 30-year-old worker was in serious but stable condition after the lift carrying the two tipped over. They were about 50 feet off the ground at the time fo the accident, and construction was temporarily halted following the incident.

Investigators from the Occupational Safety and Health Administration are looking into what caused the lift to tip over and whether proper safety protocol was followed.

Source: Fatal construction accident at arts center is under investigation, Kansas City Star, November 11, 2009

Continue reading " Authorities Investigating Fatal Construction Accident " »

A New England contractor with worksites in Massachusetts, Connecticut, and Rhode Island, was recently cited by the Occupational Health and Safety Administration (OSHA) and faces a total of $308,500 in new proposed fines.

Two recent inspections of the company's worksites in Methuen and Plymouth uncovered numerous hazards, including untrained fork truck operators, lack of fall protection for workers at heights greater than six feet, improperly constructed and uninspected scaffolds, and a lack of fire extinguishers.

Since 2003, OSHA has cited this company eight times. This time, OSHA issued the company one willful, six repeat, and 13 serious citations. According to OSHA, a willful violation occurs when the violation is committed with plain indifference to or intentional disregard for employee safety and health. A serious citation results when death or a serious accident is likely to result from safety hazards which the employer knew or should have known about.

Safety: Fall Hazards at Massachusetts Sites Net $308,500 in OSHA Fines, OHSonline.com, November 7, 2009

Continue reading " Alleged Safety Violations At Massachusetts Worksites Lead to OSHA Fines " »

Earlier this year, a worker died after he became caught in the moving parts of an industrial ice-making machine. The machine activated as the worker performed maintenance work inside it. When officials from Occupational Safety and Health Administration investigated the New Bedford company, a seafood processor, they discovered 23 alleged safety violations.

Following the fatal machinery accident, the company received 19 serious citations and four other-than-serious hazards. OSHA found that the company's seafood processing plant did not have specific steps and procedures to power down and lock out the ice machine's power source before workers entered it.

Investigators also found that employees were not trained to deal with the hazard of the machine's operating without warning. The plant was also missing a program to train employees to work in confined spaces such as the ice machine. OSHA regulations aimed at preventing serious injuries require that machinery be powered down and power sources locked out before employees enter the machine to perform maintenance.

The combined proposed penalties total $66,800.

Source: Seafood Processor Cited for Worker's Death in Ice Machine, OHSonline.com, November 9, 2009

Continue reading " OSHA Cites New Bedford Company After Fatal Machinery Accident " »

On Saturday night, an accident at the construction site of a soon-to-be Texas Roadhouse killed a subcontractor. The man was working as part of the painting crew when the construction site accident occurred around 5:30pm. Authorities believe the worker fell. When rescue crews arrived at the scene of the accident, they found the unconscious worker lying at the bottom of an interior staircase.

Firefighters performed CPR on the worker as they transported him the hospital. He was pronounced dead at the hospital. Police have not released the name of the worker pending notification of his family.

The Occupational Safety and Health Administration plans to investigate the fatal construction accident.

Construction Worker Dies At Texas Roadhouse Site, WDIO.com, November 2, 2009

Death at Texas Roadhouse construction site, Fox21online.com, November 2, 2009

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On Friday morning, a construction worker suffered multiple fractures to both legs when a steamroller ran over his legs. The construction accident occurred around 3:30am when the worker was measuring part of the roadway.

Following the steamroller accident, the worker was taken to Robert Wood Johnson University Hospital in New Brunswick, New Jersey, where he underwent a lengthy surgical procedure.

A spokeswoman for the hospital said he was listed in critical condition as of late Friday afternoon. The injured worker's age and hometown were not released to the media.

Steamroller accident on I-287 in Edison leaves worker critically hurt, MyCentralJersey.com, October 30, 2009

Continue reading " Construction Worker Seriously Injured in Steamroller Accident " »