Massachusetts Workers' Compensation Lawyer Blog

Paul Newcomb, a Rutland firefighter, was injured on the job while on ambulance duty. He ruptured a disc in his back when lifting a patient into an ambulance on February 2, 2010, and has since been out of work. After an operation to remove the disc and implant titanium rods in his back, his doctors told him that he could no longer work as a firefighter.

Because he was injured on the job while working on an ambulance, the town of Rutland is trying to switch the cost of his salary from the funds of the town to workers’ compensation insurance by arguing that he was working as a paramedic, not a firefighter. In Rutland, and a few other cities in Massachusetts, firefighters are required to work, without a difference in job titles or pay, as paramedics or emergency medical technicians.

Edward Kelly, Interim President of Professional Firefighters of Massachusetts, said that the Rutland officials are “maliciously interpreting the intent of the law which protects police and firefighters who are injured in the line of duty…And to victimize this firefighter and his family is an insult to the firefighters of Rutland and the people of the town.” Newcomb, who says that he would lose about 40 percent of his income before he eventually retires on disability, said that “Of course, I'm looking out for myself and my family first…But I also have to think about all the other firefighters who could be affected by this.”

The issue remains unresolved despite an executive session meeting between the City of Rutland and Newcomb. About 30 firefighters from Worcester, Shrewsbury, Holden, and Rutland, showed up to support Newcomb. Some of these firefighters voiced their opinions and are worried about how the law can be interpreted to mean that they are not covered if working in an ambulance.

With over 25 years of experience representing workers' compensation clients who have suffered from injuries on the job, our experienced lawyers can help you. If you have a question in regards to a workers' compensation case and would like a free consultation, please feel free to contact us.

Source:

Rutland firefighter's injury case has wide-reaching implications, Telegram & Gazette, February 25, 2011

Continue reading " Coverage Questioned for Rutland Firefighter Injured on Ambulance Duty " »

It was forty years ago that the Occupational Safety and Health Administration was founded on April 28, 1971. The Occupational Safety and Health Act was signed by President Nixon in December of the previous year, marking a starting point for healthier workplaces and a decrease in workplace deaths and injuries in the United States. The Occupational Safety and Health Act of 1970 requires that employers are responsible for providing a safe and healthy environment for their workers. OSHA's task is to establish these standards of workplace safety, enforce them, and provide the training and education needed for a safe workplace.

In honor of OSHA’s anniversary and as a commemoration of their progress over the past forty years, the public is invited to visit an online timeline of the organization’s history. Assistant Secretary of Labor for OSHA, Dr. David Michaels, said "We hope you will join us in this anniversary year as we recognize OSHA's accomplishments and reaffirm our dedication to the agency's mission," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America."

Here in Massachusetts, workers’ compensation acts and workplace safety standards were established as early 1911. Massachusetts has helped to pave the way for other states to adopt worker compensation laws and safer workplaces.

Throughout the Boston area and greater Massachusetts, our experienced Boston lawyers have represented workers' compensation clients who have suffered injuries due to workplace hazards. If you have a question in regards to a workers' compensation case and would like a free consultation, please feel free to contact us.

Sources:

OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America, OSHA Trade News Release, February 24, 2011

Continue reading " OSHA Celebrates 40 Years of Workplace Safety " »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has recently cited a Masssachusetts contractor currently working on the Hultman Aqueduct project in Weston for repeat and serious violations of workplace safety. The Barletta Heavy Division Inc., from Canton, has been charged with a $52,500 fine for these violations.

Barletta’s previous citations were from inspections in 2008 for potential fall hazards at their jobsites at Commonwealth Pier and Ashmont Station in Boston. When OSHA inspected the aqueduct tunnel, they found similar hazards, such as an unprotected 14-foot fall and an inadequate ladder that did not reach over the edge the required three feet, making the ladder unstable. The company is charged with $37,500 for these repeated safety violations.

Furthermore, OSHA cited Barletta with three serious violations for extremely high noise in the tunnel and their employees did not have hearing protection, a lack of fire extinguishers in the tunnel, and for a live electrical panel that was exposed. OSHA issues serious citations only when there is a serious possibility that death or injury could result from a workplace hazard that the employer could have fixed. These three serious citations resulted in $15,000.

Our experienced lawyers have represented clients throughout Massachusetts who have suffered injuries due to workplace hazards for over 25 years. If you have a question in regards to a workers' compensation case and would like a free consultation, please do not hesitate to contact us.

Source:
US Department of Labor's OSHA cites Canton, Mass., contractor on Hultman Aqueduct project in Weston, Mass., for repeat and serious violations, OSHA Regional News Release, February 22, 2011

Continue reading " Massachusetts Contractor Fined for Safety Hazards at Hultman Aqueduct Project " »

W.R. Grace, the chemical company that is accused of asbestos contamination throughout the United States, will pay over $800,000 and will continue cleaning their nine contaminated sites in Massachusetts. Attorney General Martha Coakley’s Office, who made the claims on behalf of the Massachusetts Department of Environmental Protection (MassDEP), has recently approved the settlement with W.R. Grace. The company will have to pay MassDEP $700,298, including 4.19% interest, and $105,582.97 with 4.19% interest for past clean-up costs.

After hundreds of thousands of lawsuits involving past employees and people living near their plants who were exposed to asbestos, W.R. Grace filed for bankruptcy in 2001. Attorney General Coakley said: “W.R. Grace has the means to pay its environmental liability to the Commonwealth and perform cleanup actions at its contaminated properties…We are gratified that the bankruptcy court agreed it would be wrong to allow Grace to walk away from its responsibilities.”

The nine contaminated sites throughout the state are: the former Zonolite Plant in Easthampton, the Daramic Plant in Acton, the Cambridge Plant in Cambridge, the Knox Trail site in Acton and Concord, a pipeline alongside the Massachusetts Military Reservation in Sandwich, the Acton Superfund site in Acton and Concord, the Wells G&H Superfund site in Woburn, the Blackburn & Union Privileges Superfund site in Walpole, and the Sutton Brook Superfund site in Tewksbury.

Asbestos is a natural mineral fiber that has been commonly used in manufactured products such as building construction materials for insulation and as a fire-retardant. Asbestos is resistance to heat and decay but can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body for years causing numerous lung diseases, cancers, and possibly death.

Workplace exposure of asbestos can be common among people who work in mining industries, and industries that make or use asbestos products on a regular basis. Asbestos exposure at work is most often found in the construction industry (especially when building demolition or renovation jobs are involved), the manufacturing of materials containing asbestos (such as insulation or tiles), and the car repair industry, especially if repairing brakes or clutches.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or illnesses because of unsafe work conditions. If you have a question in regards to a workers' compensation case and would like a free consultation, please do not hesitate to contact us.

Sources:

AG Coakley’s Office Will Recover Over $800,000 From W.R. Grace in Bankruptcy Proceedings, W.R. Grace Also Commits to Perform Ongoing Cleanup of Contaminated Sites, Office of Attorney General Coakley Press Release, February 15, 2011

Asbestos Information & Resource Guide, Massachusetts Department of Environmental Protection

Continue reading " Chemical Company Agrees to Clean Up and Pay $800,000 for Asbestos in Massachusetts " »

The Beverly facility of the Northeast Hospital Corporation faces up to $63,000 in fines for serious and repeat violations of electrical hazards. After a hospital employee brought the workplace hazards to the attention of authorities, the Andover Area Office of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) conducted an inspection in which they found that there was a high potential for employee electric shock, resulting in four serious citations and $28,000 in fines.

Reasons for OSHA's citations included:
• Employees lacked protective guards while working on energized electrical equipment
• Electrical protective equipment was not tested regularly
• Electrical safety practices were not used
• Procedures not implemented to control hazardous energy while replacing breakers

Additionally, OSHA issued a repeat citation and a fine of $35,000 for dormant openings in electrical panels and cabinet motor control centers that should have been closed, as previously cited in May of 2010, but were not yet fixed. Jeffrey Erskine, OSHA's Area Director for Essex and Middlesex Counties said, "Electricity can kill or severely injure workers, literally in a flash. There is no margin for error here…it is vitally important for the safety and well-being of employees working with electricity that they be properly trained and equipped with effective protective equipment."

OSHA issues such citations when it is likely that death or a serious physical injury could result from a hazard that the employer knew about or should have known about. Under the Occupational Safety and Health Act of 1970, employers are responsible for ensuring safe and healthy workplaces for their employees.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries because of inadequate workplace safety. If you have a question in regards to an electric shock or workers' compensation case and would like a free consultation, please do not hesitate to contact us.

Source:

US Department of Labor's OSHA cites Northeast Hospital Corp. for failing to protect workers against electrical hazards at Beverly, Mass., facility, OSHA Regional News Release, February 14, 2011

Continue reading " OSHA Charges Beverly Northeast Hospital Corporation $63,000 for Electrical Hazards " »

Winter continues to be a work hazard in Massachusetts. A young man who was hired to shovel snow off of the Antico Industrial Park roofs in Waltham, fell approximately 25 feet through a skylight at 108 Clematis Avenue. The young man who is in his early twenties remains unidentified. He survived the fall with only minor injuries and was conscious upon arrival of the emergency crew. He was taken to Beth Isreal Deaconess Hospital.

According to Waltham Fire Deputy Chief, Thomas MacInnis, “Halfway down, he hit a sprinkler pipe, which broke his fall a little, and then he landed on boxes half-full of printed material. That definitely broke his fall, so he was kind of lucky.”

Our experienced attorneys have been working with personal injury and workers’ compensation victims for over 40 years. If you have a question or would like a free consultation, feel free to contact us and speak to one of our attorneys.

Sources:

Man Clearing Snow Falls Through Window in Waltham, WalthamPatch, February 10, 2011

Man falls through skylight while clearing Waltham roof of snow, Wicked Local Waltham, February 11, 2011

Continue reading " Man Falls Through Skylight While Clearing Snow in Waltham " »

Administrative Law Judge Covette Rooney has recently ruled to uphold the U.S. Department of Labor’s eight citations for excavation violations, numerous construction hazards, and $91,200 in fines issued to a Boston contractor for insufficient work safety at a jobsite in Newton, Massachusetts. Shawn Telsi, doing business as Life Time Homes, Green Pines and/or Telsi Builders contested the citations and fines brought against him by the Occupational Safety and Health Administration (OSHA). Telsi subsequently had the case heard by Rooney, a commission administrative law judge, who found all four willful and four serious citations against the company to be valid. The citations were issued due to the lack of head protection, the deficiency of cave-in protection in a pit that was at least 14-feet deep, for not having a safe exit from the excavation, soil that was in multiple piles at the edges of the trench, and because of the risk of impalement due to protruding and unguarded steel rebar. Marthe Kent, OSHA's New England regional administrator, said "Serious, life-threatening hazards remained uncorrected even after they were brought to this employer's attention…had the unprotected 14-foot-high excavation wall collapsed, it would have engulfed workers who were pouring concrete formwork and crushed them beneath tons of concrete, soil and debris."

Michael Felsen, the Labor Department's regional solicitor for New England, said "Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences." Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthy workplaces for their employees.

For over 40 years, our attorneys have been representing personal injury and workers’ compensation victims. If you have a question or would like a free consultation, feel free to contact us and speak to one of our experienced attorneys.

Source:

US Labor Department secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor, OSHA Regional News Release, February 7, 2011

Continue reading " Judge Confirms OSHA's Citations Against Boston Contractor " »

Failure to carry workers’ compensation coverage for employees in Massachusetts is currently only a misdemeanor. Massachusetts Attorney General Martha Coakley has recently pushed for more serious punishment against employers who do not provide workers’ compensation for their employees. Under Coakley’s proposed bill, failure to carry workers’ compensation will be a felony in Massachusetts, which is the same charge for workers’ compensation fraud. Sponsored by Senator Katherine Clark (D-Melrose) and Majority Whip Ronald Mariano (D-Quincy), this new bill would not only make the punishment consistent with workers’ compensation fraud, but would also penalize the employer with the same punitive measures as workers’ compensation fraud, which is currently five years of prison or a fine of $10,000.

Proposed within a legislative agenda of nine new bills, Coakley commented that: "These bills tackle a number of important challenges in our Commonwealth, including protecting public safety…and more effectively combating fraud and corruption…Our office is working to address these challenges in a comprehensive way, and these new laws would assist our efforts and others across the Commonwealth."

Other bills within her agenda include legislation to prevent unnecessary foreclosures, human trafficking legislation, economic crime legislation, corporate manslaughter, metals dealing, and legislation against methamphetamine drug trafficking. For a complete list of the proposed legislation, visit the press page released by Coakley's office: AG Coakley Announces Legislative Agenda.

Source:

Massachusetts Attorney General Wants Tougher Workers’ Comp Penalties, Insurance Journal, January 31, 2011

Continue reading " Massachusetts Attorney General Proposes More Serious Charges Against Failure to Provide Workers' Compensation " »

The Occupational Safety and Health Administration (OSHA) at the U.S. Department of Labor recently withdrew two separate proposals that are key to safety at the workplace. On January 25, the agency temporarily withdrew a proposed regulation that would have reinstated a column on work-related employer logs that would have required employers to record their workers’ musculoskeletal disorders (MSDs). Likewise, a proposal to rehabilitate the workplace standard of loud noise hazards, possibly resulting in hearing loss, was also withdrawn earlier in the month.

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health,
stressed that although MSDs are the most common amongst workplace injuries, "it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community." OSHA and the U.S. Small Business Administration's Office of Advocacy are scheduled to hold a meeting with small businesses from across the country via telephone and/or a Web forum about this proposal.

In regards to the withdrawn noise standard proposal, Michaels commented that although hearing loss caused by loud noise in the workplace is a significant problem, he stated, “it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated…and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards." The Bureau of Labor Statistics reports that in 2008, noise hazards in the workplace caused over 22,000 workers to have partial or permanent hearing loss.

Michaels has confirmed that OSHA is committed to each of these issues and continues to investigate ways to prevent hearing loss for workers in addition to having workplace injuries reported in a more detailed and thorough manner.

Sources:

US Labor Department's OSHA temporarily withdraws proposed column for work-related musculoskeletal disorders, reaches out to small businesses, OSHA Trade News Release, January 25, 2011

US Department of Labor's OSHA withdraws proposed interpretation on occupational noise, Agency examines other approaches to prevent work-related hearing loss, OSHA Trade News Release, January 19, 2011

Continue reading " OSHA Withdraws Two Important Workplace Safety Proposals " »

Multiple roofs in Massachusetts have recently collapsed with the downpour of snow over the past few days. In Easton on Wednesday, the roof of a commercial building collapsed with workers inside the structure. All of the workers in the building escaped unscathed. Also on Wednesday, at the Norwood Airport, a hangar partially collapsed at Swift Aviation Services. Several aircrafts were damaged and one worker was trapped inside the hangar for a short time.

On January 28th, in Stoughton, the roof of an empty commercial building collapsed, damaging also four neighboring commercial buildings. Although the building was already scheduled for repairs due to an earlier fire, the heavy accumulation of snow on the roof was the partial reason for this collapse.

With more snow and freezing rain forecasted over the next few days, the State is taking measures to ensure the safety of all workers, and the Massachusetts Emergency Management Agency is recommending that all property managers and building owners safely clear the snow off of their commercial roofs as soon as possible. MEMA Acting Director, Kurt Schwartz, warns that “Flat, commercial roofs are most susceptible if they are not draining properly.” Because the snow is now turning into freezing rain throughout New England, the rain and ice will soak into the existing snow, making a roof even heavier and more vulnerable to a structural collapse.

Sources:

Workers Escape Ahead of Mass. Building Collapse, The Boston Globe (www.boston.com), February 2, 2011

MEMA warns people to clear snow off their roofs, New England Cable News (www.necn.com), February 2, 2010

Roof Collapse & Storm Drain Safety Information, Massachusetts Emergency Management Agency

Continue reading " Roof Dangers Affecting Many in Massachusetts " »