Articles Posted in Wrongful Death

As the legal cannabis industry continues to grow, so have concerns about workplace safety and health. Tragically, a work-related asthma death in the cannabis industry has brought attention to the potential respiratory hazards that workers may face.

According to the Massachusetts Department of Public Health (DPH) and the Occupational Safety and Health Administration (OSHA), the first known work-related asthma death in the cannabis industry occurred in Massachusetts last year.

In January 2022, a 27-year-old woman died from an asthma attack while working as a production technician in a MA cannabis cultivation and processing facility. She had been working for the facility for seven months and had spent three of those months processing and handling cannabis flower buds. Although this tragedy is the only reported asthma-related death in the cannabis industry to date, several cases of non-fatal respiratory disease among MA cannabis workers have also been reported.

Dangerous jobs continued to hurt and kill workers in “alarming numbers” last year, according to a report by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and the Massachusetts AFL-CIO. Specifically, the report found that 51 workers suffered job-related fatalities in 2022. Although this represented a drop from the Commonwealth’s 62 workplace deaths in 2021, the report noted that many such fatalities are preventable.

Workplace Injuries and Deaths in Massachusetts

Published in April, the report showed that 39 workers died of traumatic work injuries and 12 died of work-related disease in 2022. The true numbers may be much higher, however, because the data does not include all people who died after contracting COVID on the job. In addition, injuries and illnesses are not always reported or properly recorded.

Two common cleaning solutions – both safe when used individually – created a toxic cloud of fumes when unknowingly combined by an employee, which claimed the life of the general manager of the Buffalo Wild Wings restaurant in Burlington, Massachusetts and injured about a dozen others. In cases such as this, where you may have been wrongfully injured or a loved one wrongfully killed, attorneys from Altman & Altman LLP in Cambridge can help if you wish to pursue legal action.

How did this tragedy occur?

This sad incident, which occurred on Nov. 7, is a reminder that even otherwise relatively safe household chemicals can become deadly without proper knowledge or care in their use. The worker who cleaned the floors used a common solution called Super 8, which is a bleach-based cleaner that contains sodium hypochlorite. What the employee didn’t know is that another separate employee had spilled an acid-based cleaner called Scale Kleen on the same floor a little while earlier.

The two chemicals combined and created a substance (chlorine gas) that “turned green and started to bubble,” according to what Burlington Fire Chief Michael Patterson told the media following the incident. This substance produced a gas that caused the worker to suffer a burning sensation in their eyes and difficulty breathing.

It was then that the general manager, now identified as 32-year-old Ryan Baldera, attempted to use a floor squeegee to clean up the toxic mixture, but was quickly overtaken by the fumes and later died at a hospital. A GoFundMe page set up to help his family has since raised over $125,000 as the family has not wished to pursue any legal action against anyone for the incident at this time.

To put the science simply, mixing anything with a bleach-based product is a bad idea, and can often result in the creation of deadly chlorine gas – which is a gas so potently deadly that it was often utilized in World War 1 and later banned by the Geneva Protocol for being horrendously inhumane, but has still been utilized by modern dictators to purge large numbers of political and ethnic enemies.

Possible legal ramifications

The family of the killed general manager may still wish to pursue a wrongful death claim, although it would take some investigating to figure out who may be at fault for the death. It could be the fault of the employee who spilled the Scale Kleen, or the employee who then used the Super 8 cleaner, or it could be the fault of Buffalo Wild Wings for failing to adequately train employees in how these two readily available cleaners could potentially cause a fatal reaction if they were ever mixed.

The incident is still under investigation by the Occupational Safety and Health Administration (OSHA), as well as law enforcement officials, so it may come to pass that other factors contributed to the young man’s death. What is known for sure is that the workers who were tasked with cleaning the floors on the day of the incident were either unaware of the reaction caused by mixing bleach and acid, or they failed to properly communicate with one another about the chemical spill that had occurred prior to the regular use of the Super 8 cleaner.

Managers of restaurants are supposed to go through adequate ServSafe training in Massachusetts, which includes a portion on handling cleaning chemicals. If this training were not offered or not adequately carried out, the family of the victim and those who were injured as a result may have grounds for legal action. Continue reading

The widow of one of two workers who died in a 2016 explosion at a New York asphalt company has filed a wrongful death lawsuit against her husband’s employer. At the time of the accident, the workers were using a blow torch, which ignited vapors coming from liquid asphalt in the holding-tank they were heating.

The Glenville, NY based Mohawk Asphalt Emulsions was cited for two safety violations that may have contributed to the tragic incident. As a result, Mohawk had to pay more than $17,000 in fines to the U.S. Occupational Safety and Health Administration (OSHA). Now Karen Nichols, the wife of Joseph Nichols—the 56-year-old worker who was killed on the job—is suing the asphalt company, alleging negligence.

According to the lawsuit, Nichols was told to use a blow torch to loosen a clog in the line of a holding tank. A work crew had added a mixture of asphalt and kerosene into the holding tank, but it had thickened and become clogged. Nichols was instructed to heat the clogged area in an effort to soften the mixture so that it could flow freely through the line.

The lawsuit alleges that Joseph Nichols was wearing flammable clothing at the time of the explosion, and that a broken fire extinguisher prevented his co-workers from quickly extinguishing the flames. Due to severe burns covering most of his body, and other related medical complications, Nichols died two days after the accident. Failure to provide appropriate protective gear was one of the violations Mohawk was cited for by OSHA. A MA wrongful death attorney can help you determine how to proceed if you’ve lost a loved one due to another’s negligence.

Wrongful Death or Workers’ Compensation?

Although the wrongful death lawsuit against Mohawk Asphalt Emulsions does not specify an exact dollar amount in damages, a lawyer working with Nichols’ widow says it “could be a substantial amount.” This case brings up an important question—when a worker dies as a result of an on-the-job accident, doesn’t workers’ compensation handle the claims of a surviving spouse? If the accident was the victim’s fault, workers’ compensation may indeed be the more appropriate solution. However, when another’s negligence was involved, the surviving spouse may be entitled to a far larger sum by filing a wrongful death claim against the negligent party or parties.

Was Negligence a Factor?

In order to prove that negligence caused another’s death, and that a surviving family member is entitled to damages, the following factors must have existed:

  • A person died;
  • due to the negligence of another; and
  • surviving family members have suffered damages as a result of the person’s death.

The fact that Mohawk had to settle with OSHA for safety violations will likely factor heavily into Nichols’ case. If you have lost a loved one to the negligence of another, a Boston wrongful death attorney can help you determine how to obtain compensation. Continue reading

Data provided by the Occupational Safety and Health Administration (OSHA) reveals that, of the 4,693 worker deaths in 2016, more than 20 percent (991 workers) occurred in the construction industry. The top four causes of construction worker deaths – dubbed the fatal four – were falls, being struck by an object, electrocutions and getting “caught in” or crushed by equipment. The fatal four accounted for 63.7 percent of the fatal accidents. The exact breakdown is as follows:

  • Falls – 384 fatalities
  • Struck by an object – 93 fatalities
  • Electrocutions – 82 fatalities
  • Caught in or between objects – 72 fatalities

The above data is proof that construction sites are one of the most dangerous workplaces in the United States today. Due to heavy equipment, electrical work, temporary structures and extreme heights, serious injuries and deaths are shockingly common in this industry.

It is the employer’s duty to take the necessary steps to eliminate hazards in the workplace that could cause serious injury and death. When employers fail to do so, and a worker is injured or killed, the employer may be liable. Although workers’ compensation often provides benefits for work-related injuries, you may be entitled to additional compensation if the employer was negligent?

Was My Employer Negligent?

The help of an experienced MA work injury lawyer is essential when determining whether employer negligence was a factor. Some common indicators of negligence at construction sites include:

  • Falls due to unstable, slippery or cluttered walkways or platforms;
  • Lack of protection around platform edges;
  • Unprotected holes in the floor and walls;
  • Improperly positioned ladders;
  • Inadequate fall protection equipment and training;
  • Trench collapse due to lack of, or improper, safety guards;
  • Lack of proper supervision;
  • Poor equipment maintenance; and
  • Overall lack of training.

Filing a Lawsuit

If you are injured in a work-related construction accident, an experienced Boston work injury lawyer can help you determine how to proceed. If you lost a loved one in a work-related construction accident, you may wish to file a wrongful death lawsuit. In order to bring a successful wrongful death suit, you should be able to show that:

  • Your loved one died as a result of the employer’s negligence;
  • You have suffered losses due to your loved one’s death; and
  • If your loved one had lived, he or she could have recovered damages for pain and suffering from the defendant.

Losses may include, but are not limited to:

  • financial support;
  • love;
  • emotional support;
  • consortium between spouses; and
  • quality of life.

If you are concerned that your workplace is unsafe, speak to a supervisor immediately. If your supervisor is unable, or unwilling, to address your concerns, you can always report the problem to OSHA, the agency tasked with establishing – and enforcing – workplace safety guidelines. Employers that violate OSHA guidelines will be required to remedy the situation within a specified time period and may face fines for the violation. Continue reading

The BLS recently released a workplace deaths report revealing shocking results; fatal workplace injuries and illnesses increased by seven percent from 2015 to 2016. In fact, the 5,190 workers who were killed in work-related accidents last year accounted for the highest rate of workplace deaths since 2008. With the efforts of OSHA, and countless workplace safety campaigns popping up nationwide each year, this substantial increase is sobering.

According to the BLS, traffic incidents were the number one cause of workplace deaths, accounting for about 40 percent of all fatal work accidents. The other top causes were violence (including suicides and homicides) at 17 percent, falls at 16 percent, contact with objects and equipment at 15 percent, and exposure to harmful substances at 10 percent. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Deadliest Industries

Not surprisingly, construction and industrial workplaces ranked highest for on-the-job fatalities. The breakdown of the most deaths by industry for 2016 is as follows:

  • Construction
  • Transportation
  • Agriculture (forestry, fishing, and hunting)
  • Government
  • Waste management
  • Manufacturing
  • Accommodation and food services
  • Mining
  • Oil and gas extraction

Jobs with Most Fatalities

According to the BLS report, logging may be the nation’s deadliest occupation. For every 100,000 workers, there are more than 135 fatalities. The other deadly jobs include:

  • Fishers
  • Pilots
  • Roofers
  • Garbage collectors
  • Steel workers
  • Truck drivers
  • Farmers

Any job can be hazardous, but the jobs above pose an increased risk of serious injury or death. A MA work injury lawyer can help you obtain the compensation you deserve if you’ve been injured in a work-related accident.

How to Stay Safe at Work

According to the National Safety Council (NSC), the most common work hazards include:

  • Working at high levels
  • Chemical exposure
  • Electrical hazards
  • Forklifts
  • Lockout / tagout
  • Confined spaces

Although the above hazards cannot be altogether eliminated from certain jobs, the risk to workers can be dramatically reduced when employees are provided with proper safety equipment and training. Continue reading

A total of 70 people died in work-related accidents in Massachusetts in 2016. That’s a 10 year high for on-the-job fatalities. In South Boston, a worker in a seafood warehouse died from exposure to ammonia fumes. A Braintree worker died from drowning while inspecting a municipal water tank. And a trench collapse killed two construction workers in the South End.

According to a recently released report by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), 62 of the 70 deaths occurred on the job. The remaining deaths were from occupational diseases, such as lung cancer, and all of those were firefighters. All but one of the workers who died were male. A Boston work injury lawyer can help you obtain the compensation you deserve if you’ve been injured on the job.

Since 2012, where a total of 32 work-related fatalities occurred in MA, the number of annual deaths has been rising. According to Marcy Goldstein-Gelb, the co-executive director for the National Council for Occupational safety and Health, the increase in fatalities is reflective of the increase in subcontractors and workers employed by staffing agencies. Goldstein-Gelb said that these employers are not as invested in overall worker safety.

Latino Workers are Most at Risk

In addition, Goldstein-Gelb believes the increase in work-related deaths is partly due to a decline in labor unions and an increase in undocumented workers, who rarely report unsafe working conditions out of fear of retaliation. The death rate among Latino workers is the highest of any ethnic group, with four out of every 100,000 workers dying on the job annually.

“When workers can’t speak up, then there is a greater risk that a hazard will not be identified and addressed and workers will suffer the consequences,” said Goldstein-Gelb. “The less people speak up, you will see an increase in deaths.”

And the problem isn’t just in Massachusetts. The number of people killed in work-related accidents hit a national seven-year high in 2015, at a total of 4,836 deaths. Deaths from occupational illnesses are estimated to cause a shocking 95,000 deaths in the United States every year. A MA work injury lawyer can help you determine how to proceed if you’ve been injured in a work-related accident.

MA Company Facing Manslaughter Charges in Worker Deaths

The MassCOSH report listed 12 employers that put workers at an increased risk. Among them was Atlantic Drain Services, which is currently facing manslaughter charges for the deaths of Robert Higgins and Kelvin Mattocks, the two workers who drowned in the South End trench collapse last fall. According to the Suffolk district attorney, the company had multiple safety violations prior to this tragedy, and forged documents stating that workers had attended safety training in an attempt to mislead investigators. In response to those deaths, the Boston City Council passed an ordinance requiring the submission of safety records prior to receipt of a work permit. Continue reading

In October 2016, two employees of Atlantic Drain Service Co. Inc. died when the trench they were working in collapsed. The trench was adjacent to a fire hydrant supply line, which broke in the collapse, filling the trench with water and killing Robert Higgins and Kelvin Mattocks.

The Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, and found that Atlantic Drain had failed in its duty to provide safety training and safeguards against collapse. A MA work injury lawyer can help you determine how to proceed if you have been injured in a work-related accident.

“The deaths of these two men could have and should have been prevented. Their employer, which previously had been cited by OSHA for the same hazardous conditions, knew what safeguards were needed to protect its employees but chose to ignore that responsibility,” said OSHA’s New England regional administrator, Galen Blanton.

A 54-year-old heating/ventilation/air conditioning (HVAC) worker died Tuesday after he fell 30 to 35 feet from the roof of the Blackstone Valley Cinema De Lux. John B. Folkes of Canton worked for Medford-Wellington Service Co., a heating/ventilation/air conditioning vendor contracted by the cinema.

According to police, the 911 call came in at 12:22 p.m. on Tuesday afternoon. The caller reported that a man had fallen from the cinema’s roof. When emergency responders arrived to the scene, another worker was performing CPR, but Folkes was unresponsive. Emergency medical services personnel rushed the victim to Mass Memorial Medical Center – University Campus in Worcester, where he was pronounced dead.

Folkes was alone on the roof when the incident occurred. He was working with a four-foot square aluminum heat exchanger at the time. There were no witnesses or video of the 30 to 35-foot fall. State police and the Occupational Safety and Health Administration (OSHA) are investigating the incident. According to police, the fall appears to be an accident and no foul play is suspected.

Work-Related Falls

Same-level falls are more common than falls from high places, but elevated falls are more likely to result in serious injuries and death. The following statistics about elevated falls illustrate how serious this type of accident can be. A MA work injury lawyer can help you determine if negligence contributed to your work-related accident.

  • More than 60 percent of elevated falls occur at less than 10 feet.
  • Slips, trips, and falls account for about 15 percent of all work-related accidental deaths.
  • Slips, trips, and falls also account for between 12 and 15 percent of annual workers’ comp costs.
  • Each slip, trip, and fall accident costs employers about $40,000.

According to OSHA, the hazards that most commonly lead to fatal falls from high places are:

  • Unprotected roof edges
  • Roof and floor openings or holes
  • Improper construction of scaffolds
  • Unsafe ladders or improper ladder use

H0w to Prevent Falls

The best way to dramatically reduce the risk of serious injury or death in a work-related fall is through proper safety training and the use of safety equipment. If you are working at heights of six feet or higher, your employer should provide you with the appropriate fall protection equipment, such as personal fall arrest systems (PFAS), and the appropriate ladders and scaffolds for the particular job. Training programs should be required for new workers, and ongoing training should be regularly provided to anyone who is working at heights of six feet or higher. A Boston work injury lawyer can evaluate the details of your case to determine if employer negligence played a role in your injuries.  Continue reading

Criminal charges have been filed against the owner of Atlantic Drain Services, a Hyde Park drain cleaning company, following the October death of two workers. Kevin Otto, the company’s owner, is facing two counts of manslaughter, as well as charges that he misled investigators and concealed records after the trench collapse that killed Kevin Mattocks, 53, and Robert Higgins, 47.

The two Atlantic Services employees were killed when a water main broke, flooding the 15-foot-deep trench they were working in. According to the Boston Fire Department, the trench lacked necessary safety protections, including a trench box. A trench box is a steel or aluminum structure that protects workers in a trench, and the Occupational Safety and Health Administration (OSHA), strictly requires trench boxes for trenches deeper than five feet.

According to Suffolk County District Attorney Dan Conley, “The evidence has established that the defendants were well aware of this shoring requirement, as well as the grave danger that workers would be exposed to without it, because they’d incurred two separate OSHA violations in the past 10 years for failing to follow it.”

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