Massachusetts Workers' Compensation Lawyer Blog

On Friday morning, a sub-contractor working on upgrades to a power plant at a college in Virginia was injured by a falling pipe. The iron and insulation pipe reportedly measured 40 feet long with a one foot diameter.

Firefighters from a nearby city responded to the construction accident.

The unidentified construction accident victim suffered a laceration and bruises on one leg. He was taken to a local elementary school, where he was airlifted to the hospital. A spokesperson for the college said the sub-contractor’s injuries were non-life-threatening.

Source: Worker at W&M hurt by falling pipe, The Virginia Gazette, June 25, 2010

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A Framingham lawyer has filed a lawsuit against FedEx on behalf of a former FedEx driver from Brockton, Massachusetts. The former driver worked at the company’s West Bridgewater terminal and claims he was misclassified as an independent contractor instead of an employee so that the shipping company could avoid paying workers’ compensation and other benefits.

The attorney says he already filed a proposed class action lawsuit against FedEx in 2008, but he’s waiting for a judge to decide on that class action request.

He’s also filing a series of individual lawsuits so that the former multi-route FedEx Ground drivers don’t miss out due to statues of limitations. Two Boston lawyers are apparently representing single-route drivers in other cases.

Source: Former FedEx driver from Brockton sues over being classified as an independent contractor, Patriot Ledger, June 22, 2010

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CBS 3 Springfield News reports that this is shaping up to be a busy summer for Massachusetts construction crews. With federal stimulus dollars backing new construction projects, crews are out in full force drilling, digging, and working. While this is good news for many of the workers employed in these projects, it also means increased risk of workplace accidents. Among those hazards are explosions or cave-in accidents.

That’s why Westfield firefighters and firefighters from Holyoke, Pittsfield, and Boston are learning how to save someone who’s been buried alive. Trench rescues require different equipment and expertise from fires and other types of accidents. Often, it can take four to six hours compared to the hour and a half that it might take to put out a fire.

It can also be dangerous for the rescuers, because of the risk of unstable ground. Fire officials remind the public that bystanders should not rush in and help at a construction accident, because they could get injured themselves.

Source: Danger in the Trenches, CBS 3 Springfield News, June 9, 2010

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Earlier this week, a Massachusetts worker was injured during his morning coffee break when pieces of a 500-poud panel fell on him. The 34-year-old man was working at the J. Michael Ruane Judicial Center, a new court facility being constructed on Salem’s Federal Street. Construction on the facility began in 2008.

The accident occurred at 9:37am on Tuesday and reportedly caused serious injuries to both of the worker’s legs and one of his arms. When emergency responders arrived at the scene of the accident, they found broken chunks of the panel scattered around the victim, a Stoneham resident.

He was transported by ambulance to Massachusetts General Hospital in Boston. OSHA is investigating the construction accident.

Source: Court project worker hurt as 500 pounds of rock falls, Gloucester Times, June 15, 2010

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Our Massachusetts workers’ compensation attorneys have learned that a New England seafood processor has been cited by the Occupational Safety and Health Administration for 17 alleged safety violations. Inspectors from OSHA found that the company did not adequately inspect and test the ammonia piping system. Previously identified issues had also not been fixed.

These issues led to the issuing of two willful citations with $140,000 in proposed fines. According to an OSHA area director, the company’s failure to inspect and test the ammonia piping system exposes workers to potential ammonia leaks or similarly hazardous incidents.

In addition to the willful citations, OSHA also discovered that the plant failed to label and identify piping systems, provide workers with hand protection, and perform other safety-related tasks. As a result, the company received nine serious citations with a total of $44,500 in fines.

The company also received one repeat citation for not properly calibrating equipment that inspects and tests compressors and cryolators. That citation carried a proposed fine of $25,000. OSHA discovered an identical hazard at the company’s Danvers, Massachusetts plant last year. An incomplete or inadequate illness and injury log led to five other-than-serious citations with $5,000 in fines for a total of $214,500 in proposed fines.

Source: Seafood processor fined USD 214,500 for violations, FIS.com, June 3, 2010

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On Monday afternoon around 1pm, a construction worker was injured when a 10-by-13 foot concrete slab fell on his arm, pining it between the concrete and a pipe.

The large slab was dislodged while crews performed maintenance work of the ceiling of an underground parking garage. The construction accident occurred on the lowest floor of a three-level garage in New York City’s Upper Eat Side.

The injured worker was taken to a local hospital. Fire and police officials at the scene of the construction accident said his injuries were non-life-threatening.

Source: Worker Injured in Upper East Side Construction Accident, DNAInfo.com, June 7, 2010

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A former flight attendant for Delta Air Lines who sustained severe back injuries when an aircraft came to an abrupt stop on the runway attempted to file a personal injury suit against the airline. After several spinal surgeries, she was still unable to return to work as a flight attendant.

The 1st U.S. Circuit Court of Appeals upheld the dismissal of her personal injury suit. Massachusetts law states that an employer is entitled to immunity from personal liability when the injury occurs in the scope of employment.

The claimant asserted that while she had been employed by Delta, she ended her employment relationship when she went to work for Song Airlines. However, since Song Airlines is a Delta subsidiary, the court found that she was still under Delta’s control. Therefore, the former employee was provided workers’ compensation as the sole remedy for her back injuries.

Source: Employment relationship with airline derails personal injury suit, RiskandInsurance.com, June 3, 2010

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The Cambridge, Massachusetts-based Workers Compensation Research Institute (WCRI) has released data from a new study that examined payment per claim for drugs prescribed to injured workers. The study covered 16 states, and found that the average number of pills per claim with prescriptions in Texas was 41% higher than the study’s median. The average number of prescriptions per workers’ compensation claim was 34% higher.

While injured employees in Texas received the same types of medications as workers in other states, Texas physicians more frequently prescribed muscle relaxants and anti-infectives. WCRI attributed this discrepancy to regional differences in medical training or practice norms.

The average price per pill paid to Texas pharmacies was comparable to the median in the 16 states studies, but doctors in Texas had a slightly higher incidence of using brand name medications. This study is part of an annual series that will benchmark the cost, price, and utilization of pharmaceuticals in workers’ compensation.

Source: Payment Per Claim For Drugs Prescribed To TX Injured Workers Nearly 30 Percent Higher Than Study Median, WorkersCompensation.com, May 11, 2010

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While climbing a scaffold at a Brookline, Massachusetts job site, an employee of a masonry contractor fell 30 feet. After the fall accident, when OSHA inspectors visited the job site, they found that it lacked a ladder or other safe means of accessing its upper levels. They also discovered that the contracting company had not provided workers with fall protection while working on the scaffold. Safety regulations require employers to provide fall protection for each employees on a scaffold that is higher than 10 feet above a lower level.

As a result of these alleged unsafe conditions, OSHA issued two willful citations against the masonry company, totaling $56,000 in proposed fines. OSHA also determined that the scaffold was not fully planked and that workers were at risk for electrocution, because the scaffold was located less than 18 inches from uninsulated and energized power lines. The company also received two serious citations in $5,600 in proposed fines.

The Weymouth-based company faces $61,600 total in proposed fines and has fifteen business days from receipt of the citations to comply, contest the findings, or take part in an informal conference with OSHA's area director.

Source: OSHA Fines Contractor $61,000 Following Worker's 30-Foot Fall, OHSonline.com, May 27, 2010

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