Massachusetts Workers' Compensation Lawyer Blog

Last Thursday, a North Andover Department of Public Works worker was injured. The explosion is under investigation; however, it is believed that the explosion may have been caused by fumes from a cutting torch.

Kenneth Wedge, 59, was using the acetylene torch to remove the top of a barrel. It exploded and surged 20 feet into the air, throwing Wedge about 5 feet. Wedge’s pants caught fire after the explosion, but he was able to snub out the flames by rolling on the ground. The accident victim endured second-degree burns and a broken right arm, but no internal injuries were found.

As a result of the accident, the DPW will institute new worker training to prevent future explosions and OSHA’s industrial accident division will examine reports and police photographs from the accident.

DPW explosion under investigation, WickedLocal.com November 19, 2008

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A Dracut, Massachusetts construction company has been fined $14,700 by the Occupational Safety and Health Administration following the death of a construction worker on June 3. Robert Augeri, 31, a worker employed by Brox Industries was working on an overnight highway paving project on Interstate 495 when he was killed by a Mack drump truck. It was the first fatal accident in a Massachusetts Highway Department construction zone in more than a decade.

According to regional director for public affairs with the US Department of Labor, OSHA is still investigating the company that owned the dump truck. It has six months from the time of the construction accident to conclude its investigation.

Brox was cited for three different safety violations: not properly training each employee on how to avoid unsafe conditions, not adequately illuminating the work areas, and not developing safety programs for directing trucks in areas where workers are on foot. OSHA considers these violations to be serious, according to the citation.

OSHA fines company in worker's death on I-495, The Eagle-Tribune, November 1, 2008

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A service technician who was working on a new high school wing suffered electrical burns as the result of a construction-related accident. Paramedics arrived at the school where the accident occurred around 8:35 am. The accident victim was alert and able to answer questions when they arrived. He had sustained injuries to his left arm.

Officials say the technician was working on a boiler trying to put it into temporary service. The boiler was not in use at the time of the accident, and the man was working alone. He is an employee of a mechanical contracting firm based in Kenosha, Wisconsin.

The severity of his injuries is unknown but authorities say that they range between first and third degree burns. The construction accident victim’s name has not been released.

Worker burned in RB construction accident, RBLandmark.com, October 28, 2008

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Last Friday around 3pm, the fire department responded after reports of a collapsed structure at a construction site on Hawaii’s North Shore near Chun’s Reef.

Initially, the firefighters had expected to free a trapped person, but when they arrived at the scene of the accident, they discovered that the victim, a man in his 60s, was already freed.

He was treated for minor injuries at a nearby hospital.

"The initial report was there was a person that had been trapped by some collapse during a building construction project of a residential nature," said a fire department representative. "But before we even got there he was freed — how, I don't know. But we assessed that no other companies were needed."

Minor injury from North Shore construction accident, Honolulu Advertiser, October 24, 2008

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Earlier this fall just, a crane fell on a new middle school under construction in Rhode Island. The crane operator was warming up the machine when the boom fell onto exposed steel beams.

Fortunately, no one else was in the structure and none of the construction workers were injured. In the weeks preceding this incident, the United States experienced several crane accidents that left nine construction workers dead. In response to those accident, New York City’s Buildings Department had just issued guidelines on crane safety.

According to a spokesperson from the school construction site, the 290,000 square-foot project is big enough that crews can continue working on other parts of the building while the damaged steel beams are replaced.

On the Monday following the construction accident, investigators from the Occupational Safety and Health Administration visited the job site.

Crane Falls on Rhode Island School under Construction, InsuranceJournal.com, October 2, 2008

Another crane topples on US building site, Building.co.uk, October 2, 2008

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In Westford, Massachusetts, a quarry worker died on the job after a giant metal plate pinned him underneath. The metal had been dropped by an excavator.

Manuel Neves, 62, of Pawtucket, Rhode Island, was using a machine that recycled large concrete blocks when the Massachusetts quarry accident occurred.

Neves was working for Boston Power and Crushing. He died from injuries sustained in the accident. Federal safety inspectors were called in to investigate the accident.

Pawtucket man killed in quarry accident, Eyewitnessnewstv.com, October 10, 2008

Metal Plate Crushes Westford Worker To Death, WBZTV.com, October 3, 2008

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Police are withholding the name of a fatally injured construction worker until they are able to notify his family. The 48-year old died last Monday because of a construction site accident at Mesilla Valley Mall in Las Cruces, New Mexico.

Police said the man was working on the roof of the building when he fell about 30 feet. He was pronounced dead at a local hospital. Officials from the Occupation Safety and Health Administration arrived at the scene of the construction accident to conduct an investigation.

Unfortunately, this is not the first industrial accident in the area to result in fatalities in the past year. Last December, a 22-year-old was killed after getting caught in a drilling rig’s auger. Another worker, 49, was killed last November while trying to clear a paper jam in a city-owned paper baler.

Construction worker falls to his death at mall, Las Cruces Sun-News, September 23, 2008

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The Eagle-Tribune in North Andover, Massachusetts reported on a Windham police officer who was recently injured on the job while directing traffic on Route 111. The incident occurred last Thursday while police Officer Bryan Smith was at a construction project at the corner of Range Road and Route 111.

Smith was struck in the back by the driver’s side mirror of a pick-up truck driven by Paul Norton, 45, of Manchester. Smith sustained back injuries and was transported to Parkland Medical Center.

This is the second time an officer has been hit by a car this summer in almost the same spot on this same construction project. In June, Officer Greg Malisos was hit by a sport utility vehicle which knocked him into a 4-foot ditch.

In the summer of 2007, Derry police Officer Robert Moore was seriously injured by a pickup truck. Moore was directing traffic on Route 28. The driver who struck him was charged with DWI.

Windham police officer struck while working Route 111 detail, The Eagle Tribune, September 12, 2008

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Two steel-and-concrete beams intended as part of the Route 1A bridge reconstruction failed a Massachusetts state safety inspection last week, resulting in a delay in installation.

One of the 120-foot-long beams was damaged during an accident and another sustained damage during loading. Both beams will need to be remanufactured, which Adam Hurtubise of MassHighway said will set back their installation about three weeks.

However, MassHighway says that with time built into the schedule for contingencies, the completion date should remain the same. They estimate that the bridge may reopen as soon as the spring of 2009. S & R Corp., of Lowell, is the general contractor on the project and has been working on an accelerated timetable.

Since September 27, the Route 1A bridge has been closed for what highway official estimated would be a two-year reconstruction project. The original plan was to keep one of the two lanes open to traffic, but severe deterioration of the bridge forced officials to reduce traffic to one lane in the center of the bridge.

Shutting down the bridge completely has negatively impacted businesses in both Rowley and Newbury, since these companies rely on Route 1A traffic to bring in business.

Giant beams damaged at Route 1A bridge, Newburyport News, August 26, 2008

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A subcontractor employee died recently after a five-story fall down an elevator shaft several weeks ago. The accident was reported just before 6:30 am on August 4. The construction worker, David Smith, 31, of Jackson, was an employee of Schindler Elevator Corp. The construction manager on the project was Gilbane-Clark.

Construction on the six-story, $145 million University of Michigan Stephen M. Ross School of Business halted immediately after the accident but was expected to resume soon afterwards.

Investigators have ruled out criminal activity, but, as of early this month, the Michigan Occupational Safety and Health Administration and the construction manager was continuing to examine the circumstances surrounding the construction accident.

Worker dies after fall at UM construction site, Crain's Detroit Business, August 4, 2008

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According to Massachusetts Lawyers Weekly, a jury recently found a forklift manufacturer not liable for a 1999 forklift accident in Wayland which resulted in severe injuries to the operator, leaving him with severe disabilities.

The operator was delivering trees to a construction site when he was thrown from the forklift. He was not wearing a seatbelt, but he lived for seven years after the accident. The plaintiff medical expert testified that the operator’s death from a brain hemorrhage was casually related to his spinal cord injury.

The trial stretched over five weeks, and at its conclusion, the jury returned its unanimous verdict on February 12, 2008. Using a single witness, the defense persuaded the jury that operator error caused the accident, not a defect in the forklift or a breach of warranty.

The worker’s own deposition testimony supported the defense’s assertion that it was operator error. Investigators for the Wayland Police Department and the federal Occupational Health and Safety Administration corroborated that conclusion.

Worker thrown from forklift rendered quadriplegic, MassLawyersWeekly.com, August 18, 2008

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Thomas Gehl, a 41-year-old construction worker, died recently after falling 14 feet from a metal beam and sustaining head injuries. He was working on an addition to Douglas Elementary School in Douglas, Michigan and had been employed by FCC Construction for over a decade. He had also volunteered as a firefighter in Caledonia, Michigan.

The construction worker was transported by ambulance to Spectrum Hospital and later died.

According to the Bureau of Labor, more than 5,700 construction workers died in construction accidents during 2006. Many others sustained injuries that prevented them from returning to work, which can take an emotional and financial toll on the worker and their families. Construction workers are in a high-risk profession due to the threat of hazardous substances, on-site explosions, faulty equipment, and other factors.

Construction worker severely injured by falling beam, WoodTV.com, July 28, 2008

Mich. man dies after school construction accident, MLive.com, August 13, 2008

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Last Friday in Titusville, Florida, a construction worker was killed when he was run over by a road-grader at around 4:40 pm. The construction project was intended to add two additional lanes to Grissom Parkway.

As of this writing, 48-year-old construction worker had been indentified so that police could notify his next of kin. He was an employee of KCF Site Construction, which was completing the work on Grissom Parkway.

No charges were filed against the driver of the road-grader; however, police said the driver is 47 years old and is employed by the same construction company. The accident is still under investigation.

With heavy-duty equipment and often treacherous conditions, construction sites are among the most dangerous places to work. Potential injuries include fires, welding accidents, motor vehicle accident, and on-site explosions.

Worker Killed In Construction Accident in Titusville, MyFox.com, August 15, 2008

Road-grader cited in death at Titusville construction site, FloridaToday.com, August 15, 2008

Worker Run Over By Road-Grader, Killed, Local6.com, August 15, 2008

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As longtime Boston residents may recall, a crane accident injured a construction worker 1999 during the Big Dig. More recently, fatal crane accidents in New York City, Texas, and Oklahoma have brought crane safety back into the public interest.

In response to the deaths of these construction workers following crane accidents and growing public concern over crane safety, the New York Times recently published an editorial calling for the current administration to take action and approve new standards for crane safety. The last time the federal safety rules had a significant update was in 1971.

According to the editorial, OSHA estimates that crane accidents take the lives of approximately 80 workers per year. The article also points out that concerned construction workers in Las Vegas have actually walked off the job to protest the lack of crane safety regulations.

Long Overdue Crane Safety, New York Times, August 2, 2008

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The Occupational Safety and Health Administration (OSHA) has proposed fines totaling $135,200 for twelve alleged safety violations at New England Wood Pellet, LLC’s manufacturing plant in New Hampshire.

These citations come in response to an incident on January 23 where an employee was found in an unguarded conveyer. The list of alleged safety violations also includes two willful citations for combustible dust hazards and unguarded pulleys, which accounts for over $100,000 in fines.

The company also received fines for not having adequate fall protection for employees working on conveyors or employee training about working in confined spaces. In addition, they were cited for their lack of personal protective equipment for employees working on electrical equipment and for their incomplete injury and illness log.

According to Rosemarie Ohar, OSHA's area director in Concord, "The sizable fines proposed here reflect the breadth and severity of the hazards identified during this inspection, including unguarded conveyors and exposure to fire and explosion hazards due to the design, construction and location of systems used to collect combustible wood dust generated during the manufacturing process.”

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Brian Millet, 54, died last week at Baystate Medical Center in Massachusetts after falling four stories down an elevator shaft in a Hampton Inn under construction in Enfield, Connecticut. Millet was still conscious when medical personnel arrived at the scene of the accident, but he later died of injuries sustained during the fall.

The Occupational Safety and Health Administration (OSHA) is investigating the construction site accident but has no information about Millet’s employment status. When the construction site was inspected back in March, no violations were found, according to OSHA’s inspection data.

However, the construction company did have a serious safety violation on record from 2005. They also received a serious citation in 2003 because they did not have fall hazards over 15 feet secured by guard rails or other protection. After an appeal, the company settled the case and paid $5,000 for the safety violation.

OSHA Investigating Construction Worker's Fatal Fall In Enfield, Courant.com, August 2, 2008

Killingly man identified as victim in Enfield construction accident, Norwich Bulletin, August 1, 2008

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In Dorchester, Massachusetts at the site of a new commuter rail stop under construction, an eight-ton piece of equipment injured a construction worker when it began swinging through the air last week. The worker sustained non-life threatening chest injuries and was transported to Boston Medical Center for treatment.

Construction sites are among the most dangerous working conditions, and construction hazards can include welding accidents, fires, crane collapses, explosions, and other dangerous circumstances. As a result, injured workers may sustain spinal cord injuries, disfigurement, or brain trauma. Some injuries some be so severe that they prevent the victim from returning to work. The Occupational Safety and Health Administration (OSHA) monitors safety conditions at construction work sites and other sites to ensure that appropriate safety precautions are followed.

In the event of an injury on the job in Massachusetts, you need a lawyer who understands OSHA regulations and will work with you, your employer, and your insurer to make sure you receive all of benefits you are owed. Contact a Massachusetts construction accident lawyer for information on your right to workers’ compensation. We have represented seriously injuries workers in cities throughout Massachusetts, so ask about your free consultation.

Construction Accident in Dorchester Injures 1, WHDH.com, July 31, 2008