Massachusetts Workers' Compensation Lawyer Blog

In 1999, a church custodian was injured falling off a ladder and later received a total knee replacement in 2003. By the summer of 2004, he was laid off and could no longer work. The custodian filed a workers' compensation claim in December of that year, roughly five years after the original accident.

Massachusetts law provides a four-year window for filing workers' compensation claims, though it's recommended that workers file claims as soon as possible after their workplace injury. The custodian appealed, arguing that he was not actually "disabled" until several years after the original accident.

However, a Massachusetts Appeals Court ruled that he will not be allowed to collect benefits, because the statute of limitations had expired. A review of medical records also revealed that there was no documentation of a work-related injury.

Source: Massachusetts Court: No Workers' Comp for Custodian's 1999 Injury, ClaimsJournal.com, December 23, 2009

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A new study of work-related injuries presented at a recent American Public Health Association meeting found that overall, female hotel workers are 1.5 times more likely to suffer injuries than their male counterparts. However, Hispanic women working in hotels were almost twice as prone to injury compared to white women. The study also found that Hispanic and Asian male employees were 1.5 times more likely to be injured than whites.

The study examined data from the Occupational Safety and Health Administration on close to 3,000 worker injuries at 50 unionized hotels. The injuries occurred between 2003 and 2005. The most common areas of injury were to the upper extremity, followed by back and lower extremities.

Among the first to look at injury incidence, rate, and risk ratios by gender, employer, ethnicity, and race in the United States hotel industry, the study does not pinpoint possible causes for the disparities in injury rates. Future studies might examine injury prevention strategies for this group of workers.

Source: Women Hotel Workers Suffer High Injury Rates, NewAmericaMedia.org, December 6, 2009

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Last week, a construction worker died after being crushed by a house. The 57-year-old worker was part of a crew that was lowering the house on to a new foundation to comply with building codes, because the house was apparently too tall for its original foundation.

The house reportedly fell off its foundation and trapped the worker between two beams as it collapsed on top of him. All but one of the workers was able to escape the construction accident.

The fatal accident is under investigation by the state Department of Labor.

Sources: Worker killed in construction accident on island, SeattlePI.com, December 12, 2009

1 killed as house collapses on Guemes Island, KomoNews.com, December 12, 2009

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The Occupational Safety and Health Administration (OSHA) has recently revealed their list of top 10 safety violations for 2009. The agency says the number of top 10 violations increased almost 30 percent compared to the same period last year.

Topping the list were scaffolding and fall protection violations. Scaffolding accidents generally result when planning or support gives way, according to OSHA. So far in 2009, OSHA reports more than nine thousand scaffolding violations and more than six thousand fall protection violations. OSHA guidelines require that workers at a height of four feet in general industry must have fall protection.

Further down on the list were violations such as hazard communication, respiratory protection, and lockout/tagout. The list underscores the important role that employers play in preventing construction accidents or other work injuries.

Source: Scaffolding, fall protection top safety violations for 2009, RiskandInsurance.com, December 17, 2009

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Earlier this month, a construction accident in Dallas, Texas injured two workers after the construction workers fell about 70 feet from the roof and ledge of the Dallas Cowboys Stadium. The men were reportedly performing maintenance on the roof when the accident occurred around 7am. Police say ice may have been a contributing factor.

Neither of the workers were safety harnesses as required by state and federal safety mandates. The workers spent nearly an hour stuck on the roof before rescue crews were able to bring them down using ladders and rappelling equipment. One worker who suffered a broken leg, chest injuries, and potential traumatic brain injury (TBI) was taken to a local trauma center. The other worker suffered back injuries and was taken to Parkland Hospital in Dallas.

The construction accident remains under investigation by police and officials from the Occupational Health and Safety Administration.

Source: 2 workers injured after fall from Dallas Cowboys Stadium roof, JusticeNewsFlash.com, December 4, 2009

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Earlier this week, two men sustained injuries after being temporarily pinned between two vehicles at a construction site in downtown San Diego. According to the city's Fire-Rescue Department, the accident was reported around 12:20pm.

Apparently the two men were perched atop the tailgate of a truck eating lunch when a car backed up, hitting the vehicle parked in front of the truck and pushing the truck into the other vehicle. Construction crews noticed the accident and worked quickly to push the vehicles apart.

The motor vehicle accident victims, ages 25 and 35 years, were found lying on the ground when rescue crews arrived at the scene. They were both taken to a local hospital and their names have not been released.

Source: Two injured in accident by construction site, SignonSanDiego.com, December 8, 2009

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Last month, a construction accident in Staten Island, New York killed a 53-year-old construction worker. He was standing behind a white Mack dump truck when it crushed him, first with the rear and then with the front tires. Police said the construction worker was out of view of either mirror.

Emergency response crews tried to revive the injured worker before taking him to a local hospital where he was pronounced dead. There were no charges filed, and the police called the incident a tragic accident.

The fatal construction accident occurred before 2:30pm in the afternoon. Police closed the southbound lanes of Richmond Avenue for accident investigation.

Source: 53-year-old worker dies in New Springville construction accident, SILive.com, November 20, 2009

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A Plainville, Massachusetts manufacturer and packager of medical equipment has received two citations from the Occupational Safety and Health Administration (OSHA) following a machinery accident. A worker's finger was pinched by a heat seal bar used to seal plastic bags, and the worker lost the tip of that finger as a result.

When inspectors investigated the plant, they identified three packaging machines that lacked required safeguards to prevent such accidents, exposing workers to amputation and laceration injuries. As a result, OSHA has issued one willful citation for the lack of machine guarding. That citation has a proposed fine of $56,000. In addition, the company received two serious citations for not providing a hazard communication program and training for employees working with hazardous chemicals in the workplace. Those citations carry $2,100 in proposed fines.

The company faces $58,100 in total proposed fines.

Source: OSHA cites Mass. manufacturer after amputation accident, ReliablePlant.com, December 2, 2009

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The Boston Globe reports that a construction worker was pronounced dead yesterday at the scene of an accident on Route 3 in Chelmsford. A driver hit two men at a cleanup site along the northbound lanes. The workmen were part of a crew cleaning up a fuel spill that occurred last week.

In addition to one fatality, another worker was seriously injured and the driver suffered serious injuries in the auto accident. The worker was taken by medical helicopter to Beth Israel Deaconess Medical Center in Boston, and the driver was transported to Lahey Clinic in Burlington. In order for the medical helicopter to land, authorities closed the road in both directions. They reopened the southbound lanes at 11:15am.

The names of the car accident victims were not released by Massachusetts police.

Source: One killed in crash on Route 3 in Chelmsford, Boston Globe, December 1, 2009

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