Articles Posted in Workers’ Compensation

Although construction and other labor-intensive jobs have an especially high incidence of work-related accidents, injuries occur in every type of job. In Massachusetts, employees across all industries, from healthcare and education to manufacturing and technology, are typically protected by workers’ compensation insurance.

Coverage is Almost Universal

Workers’ compensation is a system designed to provide compensation for employees who suffer work-related injuries or illnesses. The beauty of this program is that it covers almost all workers in the state, whether you’re employed full-time, part-time, or seasonally. Even employees in small businesses and nonprofits are typically entitled to workers’ compensation benefits.

Of all the hazards employees face every day on the job, one regularly appears near the top of the list: falls. From defective ladders to uneven surfaces, dangerous work conditions can result in serious falls. In 2020, 805 employees in the United States died in slips, trips, and falls and 211,640 were hurt badly enough to need days off of work.

Falls are an even bigger danger in certain jobs. According to the U.S. Bureau of Labor Statistics, slips, trips, and falls are the leading cause of death in the construction industry, accounting for over a third (38%) of all fatalities from 2015 to 2019. In a typical year, around 300-400 construction workers fall to their deaths.

Frequently Cited OSHA Violations

While anyone can get hurt on the job, certain professions are significantly more hazardous than others. According to the Bureau of Labor Statistics (BLS), a total of 5,190 fatal work injuries occurred across industries and regions in the United States in 2021. The following jobs represent the 10 civilian occupations with the highest fatal work injury rates (out of 100,000 full-time equivalent workers).

Logging Workers

With a staggering fatal injury rate of 82 per 100,000, logging workers have the most dangerous job in America. Loggers tend to work on isolated sites with variable weather conditions, where they face falling debris and contact with heavy machinery. In fact, loggers died at a rate almost 23 times greater than the average across all professions in 2021 (3.6 out of 100,000).

Falls are a leading cause of workplace fatalities and serious injuries across industries in the US. In 2021, 850 workers died from accidents involving slips, trips, and falls, with 680 dying specifically from falls to lower elevations. In addition to being one of the most significant causes of workplace deaths, according to the Occupational Safety and Health Administration (OSHA), falls are also one of the most preventable.

As a result, OSHA recently announced a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls. NEPs are special temporary programs that target particular hazards or hazardous industries. To accomplish its fall prevention goals, OSHA will use a combination of enforcement, employer outreach, and compliance assistance.

Which Industries Will OSHA Target?

If you thought you missed your chance to file a Massachusetts workers’ comp claim, you may be in luck: the Commonwealth has one of the longest workers’ compensation time limits in the nation. Unlike Michigan, where claims must be filed within two years of the injury, or Arizona, which has a one-year statute of limitations, Massachusetts allows you to file within four years of the date you learned your injury was job related. In the case of a fatal work injury, eligible dependents can file workers’ compensation death benefit claims within four years of the employee’s date of death.

What Causes Delayed Filings of Massachusetts Workers’ Compensation Claims?

In order to qualify for workers’ compensation benefits in Massachusetts, you must be disabled for five full or partial calendar days (not necessarily consecutive). At that point, your employer should notify the Department of Industrial Accidents (DIA) of your injury. If you are disabled for less than five days, your employer can file a “medical only” claim with their insurance company.

The Injury Machine? Workplace Accidents at Amazon Warehouses

Amazon is the largest online retailer in the world and the second-largest employer in the country. Unfortunately, it also leads the field in a less favorable category: warehouse injuries.

Amazon workers suffer serious injuries at over twice the rate of other warehouse employees, according to a report by the Strategic Organizing Center (SOC). While Amazon employs one-third of all the warehouse workers in the U.S., it is responsible for nearly half of all warehouse injuries.

When you think about serious job-related injuries, what comes to mind? Transportation accidents? Trips and falls? Fires and explosions? While all of those do occur, one of the most common causes of workplace injury is much less dramatic: repetitive movement.   

Simply performing the same task over and over can result in damaged nerves, tendons, muscles, and joints. And the impact on the U.S. workforce is considerable. Injuries caused by repetitive motions cost employers an estimated $20 billion annually in workers’ compensation.  

Types of Repetitive Movement Injuries at Work 

Excavator Injuries

Between 1992 and 2000, the National Institute for Occupation Safety and Health (NIOSH) identified 346 deaths caused by excavators or backhoe loaders in the united states. The data found that the most common causes of injury were

  1. Being struck by the machine or parts of the machine while the machine was in motion; and

Hearing loss can be detrimental to a person’s quality of life. According to the Occupational Safety and Health Administration (OSHA), around 30 million people are exposed to chemicals dangerous to their ears at work and another 22 million are exposed to dangerous levels of noise. When workers are exposed over a long period of time this can result in permanent hearing damage and tinnitus. OSHA limits exposure to loud noises in the workplace to curb its negative effects. Workers should be exposed to noise levels above 85 decibels for no more than eight hours. They should also use protective devices in their ears to curb any hearing damage at this noise level. The cost of an injury you endure while trying to get your job done should not fall on you. If you experience hearing loss or tinnitus that you believe is related to hazardous noise levels at work, you may be entitled to compensation.

Who is at risk?

As humans, we are all vulnerable to hearing loss in loud environments. Some professions carry greater risks than others.

Tree workers, whether they work on or near trees, experience a heightened risk of injury. Serious hazards in tree work include falling from trees, tree limbs or entire trees falling on workers, and injury from heavy duty machinery. The Occupational Safety and Health Administration (OSHA) takes safety precautions in tree work very seriously.

If an individual not working in any official capacity is injured by a falling tree branch, they may be able to sue the property owner if the injury occurs on private property. Property owners generally have a duty to make their property reasonably safe for those who are lawfully there. Similarly, if the injury occurred on public property you may be able to sue the local government under a theory of negligence.

The rules are a bit different when it comes to workers injured in a tree accident. Workers injured in an accident involving a tree have the same legal recourse as workers in other jobs. The primary remedy is a workers compensation claim. The system is set up as a no-fault system, meaning you do not have to prove that any of the regulations were not followed to get compensation. All you have to prove is that during the course of your work you were injured. This means even if you are partially at fault, you can be compensated for your injuries. We highly recommend contacting our experienced team of workers compensation attorneys, as insurance companies make a habit of denying valid claims and withholding money from injured parties. We know your rights, and we are here to get you what you deserve. Workers can be compensated for hospital costs and costs associates with long term damage, loss of productivity, and time way from work.

OSHA Protocol:

  • Assess work site for fall and falling object hazards
  • Have an arborist assess likely risks
  • Determine if rigging is necessary
  • Determine if workers will need to use lift
  • Identify and provide the proper protective equipment
  • Only used approved climbing equipment
  • Ensure the training of all workers
  • Workers should remain 10 feet from power lines, or else have them de-energized
  • Take steps to protect workers from falling objects, including establishing a drop zone
  • Establish a communication system between workers
  • Provide traffic controls
  • Establish emergency procedures

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