Massachusetts Workers' Compensation Lawyer Blog

According to Easthampton city officials, a city police officer might be retiring from the Easthampton Police Department against his will. An injury that he sustained while on duty has prevented him from returning to work for over two years. Officer Anthony Covalli, 30, who has been with the Easthampton Police Department since 2004, broke his leg in November of 2009, when he jumped over a chain link fence while he was pursuing a suspect.

Although his expected date to return to work was in May 2010, Personnel Director Raisa Riggott confirmed that he remains out on paid leave. She said "It's tough because he really wants to get back to work, but he's had so many complications with his injury." According to Riggott, Police Chief Bruce McMahon is attempting to involuntarily retire Covalli because his paid leave is "costing the city money."

Massachusetts State Law mandates that police officers or firefighters who are injured while on duty must receive their full, untaxed wages while they are "incapacitated." Riggott confirmed that Covalli has been receiving his regular salary since his accident in 2009 and that the law does not currently state any limit on the length of time the officer is allowed to be on paid leave. The base annual salary for Covalli's position is $49,587; however, he may be receiving additional pay depending on his level of education or training.

A panel of doctors is scheduled to examine Covalli to determine whether or not he should retire due to the injury. Tina Schneider, administrator for the Easthampton Retirement Department, said that if the Retirement Board decides to retire Covalli, he will receive the same retirement package as any other officer who has had to retire because of an accidental disability.

The city´s Retirement Board accepted this request from Police Chief Bruce McMahon to begin involuntary retirement proceedings for Covalli and the department has commenced the paperwork that will be submitted to the state's Public Employee Retirement Administration Commission to start the involuntary retirement process. According to the retirement administration commission's guidelines, Covalli has the option to appeal the Retirement Board's decision in district court within 30 days.

Covalli grew up in and is still a resident of Easthampton. He became a full-time police officer when he was 23 years old after serving in Iraq as a member of the U.S. Marine Corps Reserves for six months in 2006.

If you or your loved one has been injured in the workplace or are facing complications over your workers´ compensation, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Easthampton moves to force retirement of injured police officer
, www.gazettenet.com, January 14, 2012

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The U.S. Labor Department's Occupational Safety and Health Administration has recently investigated a workplace accident in which an East Boston, Massachusetts, painting contractor´s employee suffered from paint fumes in a confined space while working at a job at the Senesco Marine LLC shipyard in North Kingstown, Rhode Island. The employee was spray-painting the interior of a tugboat and subsequently became unconscious in the confined space. The worker was rescued by the North Kingstown Fire Department.

The company, AMEX Inc., now faces $72,900 in proposed fines and was cited for 13 alleged violations of workplace and confined space safety violations. Working in a confined or enclosed space can result in a greater risk of fatalities, severe injuries, illnesses, and fume inhalation, such as the case here. During their investigation, OSHA found that AMEX did not abide by the required safety precautions for working in a confined space. The company did not properly check for hazardous conditions inside the confined space, did not test the atmosphere for toxic or flammable vapors before the worker entered, and did not provide confined space training for employees working in the space. The contractor also failed to supply the workers with sufficient respiratory protection or safe ventilation equipment.

Twelve of the violations were listed as serious and one was an other-than-serious violation due to an incomplete worker injury log. OSHA issues a serious violation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. An other-than-serious violation is issued when the violation has an impact on workplace safety and health, but would most likely not result in death or serious physical harm, such as a serious violation.

OSHA´s area director, Patrick Griffin, said "This could very easily have been a fatality…Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees working in those spaces. No worker should ever enter a confined space until the atmosphere has been tested, proper respiratory protection is supplied and used, and adequate rescue procedures are in place."

AMEX Inc. has 15 business days from the day that they received these citations and proposed monetary fines to agree with, or contest, these workplace safety violations with the Occupational Safety and Health Review Commission.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department's OSHA proposes $72,900 in fines for East Boston, Mass., painting contractor for violations at North Kingstown, RI, shipyard, OSHA Regional News Release, December 1, 2011

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Two roofers at a residential construction site in Bridgewater were recently electrocuted when the ladder they were moving touched an electrical wire overhead. After a fellow construction worker called 911, emergency crews arrived to find that one of the workers, Angel Caguana, 23, of Brockton, was unconscious. Bridgewater Fire Lieutenant, Robert Mancinelli, said that Caguana was in cardiac arrest upon their arrival and the other victim, Antonio Gomes, 22, had been shocked but did not have life-threatening injuries. Mancinelli said firefighters administered CPR and applied a defibrillator to Caguana. His heart rate soon increased from zero to 120 and he started to breathe on his own. He was flown to Massachusetts General Hospital by MedFlight and his injuries were listed as serious. As a safety measure, Gomes was taken by ambulance to the Good Samaritan Medical Center in Brockton with non-life-threatening injuries. Police reported that both men work for a Brockton construction company and were installing a roof on the residence at the time of the accident.

Electrocution accidents can result from a wide variety of circumstances. Many electrocution accidents occur in the workplace and most frequently occur at construction sites, as was the case here. Because the majority of construction work involves the use or installation of electricity, construction workers are in close proximity to live wires, circuit breakers, control panels, or power lines, such as above.

Electrocution accidents can also occur from faulty wiring, or involve a faulty product, such as a hair dryer or microwave. As a safety precaution for the general public, the Western Massachusetts Electric Company recommends never to touch any downed or sagging power lines. Because it is very difficult to tell the difference between a telephone line, cable television line or electrical line, it is recommended to consider any line to be energized and thus potentially dangerous.

If you have suffered an electrocution accident on the job or have been injured at work, it is advised to contact an experienced Massachusetts workers´ compensation lawyer.

Sources:

Worker shocked by overhead wire is revived in Bridgewater, www.boston.com, November 9, 2011

Safety, Security and Lighting, Community Safety, Western Massachusetts Electric Co.

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A city employee was killed when he was working on a traffic light in Quincy last week. An 18-wheeler truck reportedly hit the bucket truck that Robert DeCristofaro, 58, of Braintree, was working in. Authorities confirmed that it was the impact of the accident that caused him to fall out. He was quickly taken to the Boston Medical Center where he was shortly pronounced deceased.

The Quincy Police Department and the Norfolk District Attorney’s Office both confirmed that the victim was a city employee, but was working in a rented truck. The accident occured at the intersection of Washington and Chubbuck Streets at approximately 10 A.M. on Tuesday morning. The driver of the tractor trailer stopped his vehicle at the scene of the impact and remained in place. Details of the accident are yet to be uncovered and there is confusion over sequence of events. Quincy Police Lt. Jack Sullivan said “Who hit whom where is being determined,” and commented that it was unclear whether the worker was accompanied by another city employee or with a local police detail. He confirmed that a thorough investigation was under way.

District Attorney Michael W. Morrissey said “The chief of our motor vehicle homicide unit is on the scene, and we are working closely with the Quincy Police Department and investigators from the Massachusetts State Police…It is an active and ongoing investigation.” He also commented, “This is a terrible day for the city of Quincy and for his family.”

The accident is being thoroughly investigated by local police and state police. The Occupational Safety and Health Administration (OSHA) has also been called to investigate the scene of the accident to determine whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews of persons involved, review of records, and any necessary testing. No charges have been filed.

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber

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A repairman was rescued after passing out in a 14-foot deep septic pump chamber last Thursday, September 29, in West Bridgewater. The work-related accident happened just outside of a West Bridgewater car repair shop, where the repairman was fixing a broken valve. Although the sequence of events was at first confusing, officials confirmed that Williamson Electric Motor Service employee, Gus Futyma, 51, was repairing the broken valve in the septic pump chamber when he lost consciousness and became trapped. His co-worker, who is also his brother-in-law, said that he had been in the well for approximately ten minutes before complaining that he was having difficulty breathing. He then noticed that Futyma had fainted and immediately called for help.

Futyma was extracted from the hole by emergency medical personnel and was taken to a Brockton hospital, where he spent the night in intensive care. Although he was wearing a full harness that was tethered to a winch, the rescue crew had difficulty hoisting him up and had to cut a pipe to get Futyma out of the hole. West Bridgewater Fire Chief Leonard Hunt said, "Tried to pull him up…but he was a pretty heavy guy…He was unconscious at that point." Police performed CPR on Futyma until an ambulance arrived.

Bob Tilden, Futyma´s boss and owner of the company, said that his employees continuously train for this type of an emergency. He said, "We never wanted it to happen but we train for it." The question of why Futyma lost consciousness remains a mystery. Tilden said, "You're in a confined space. You have no idea what's down there." Although Futyma was complaining that he was having difficulty breathing before he passed out and the lack of oxygen is one reason for loss of consciousness, the case continues to be investigated by authorities.

The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine exactly how the accident had occurred and whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews of persons involved, review of records, and any necessary testing.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

Repairman OK After Fainting 14 Feet Underground, TheBostonChannel.com, September 30, 2011

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The Occupational Safety and Health Administration has recently cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company's Middleton plant. The explosion injured four of their workers. As reported in Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation, the company claimed that the explosion was due to open valves that let flammable gas permeate throughout the building. The company, an adhesives manufacturer, faces a total of $917,000 in proposed fines and 50 citations.

OSHA's inspection identified numerous serious problems in the company's process safety management (PSM) program, safety requirements and procedures which employers must follow when dealing with chemical hazards. On the day of the explosion, a valve on a transfer line was accidentally left open, which led to the release of flammable acetone vapors. The vapors then exploded after they were ignited by an undetermined source.

Jeffrey A. Erskine, OSHA's area director for northeastern Massachusetts, said "In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions…Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life."

Dr. David Michaels, Assistant Secretary of Labor for OSHA, said "The requirements of OSHA's PSM standard are stringent and comprehensive because the stakes are so high…Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion."

OSHA issued Bostik with nine willful citations and with $630,000 in proposed fines because OSHA found that the company willfully knew that their process safety management program was incomplete. OSHA issues a willful violation when it is committed with intentional knowing or voluntary disregard for the law's requirements, or with disregard to worker safety and health.

OSHA also issued Bostik Inc. with 41 serious citations and $287,000 in fines, for numerous other safety violations ranging from an insufficient emergency response plan, inadequate training for employees required to respond to fires, obstructed exit access, and electrical hazards. OSHA issues a serious violation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Bostik´s workers´ compensation carrier is the Illinois National Insurance Company.

If you have been injured in the workplace, it is best advised that you contact an
experienced Massachusetts workers' compensation lawyer.

Sources:

US Labor Department's OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Mass., explosion, OSHA Regional News, September 13, 2011

Bostik Provides Update on the March 13 Incident to Local Agencies, Bostik, Inc., Press Release

Fire Prevention Plans, Standard 1910.39, Occupational Safety and Health Administration

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A Massachusetts Appeals Court has recently ruled that two employers can be held jointly responsible for an injured employee´s workers’ compensation benefits, despite them each having classified the worker as an independent contractor.

In Leo Whitman’s Case, No. 10-P-71, Sept. 6, 2011, the court affirmed an earlier decision by the Industrial Accident Reviewing Board within the Department of Industrial Accidents by ruling that the claimant was an employee, not an independent contractor, for both of the businesses he was working for at the time of his injury. Leo Whitman, a construction worker whose specialty was installing drywall, had been working for approximately three years for two redevelopers, Stephen Sarcia and John Citrano. Each purchased, refurbished, and resold delapidated residential properties. The two men also introduced Whitman to Anthony Pace, the owner of PPM, a redevelopment company that also hired Whitman to work on condominium residences.

During this time period, Whitman continued to work for Sarcia and Citrano, whom he thought of as partners, and from PPM. Whitman viewed them collectively as “a group” because of their continuous supply of full-time work for him, according to the court papers. Throughout 2004 and 2005, Whitman worked for PPM in addition to Sarcia and Citrano at 10 different building sites. According to court documents, Whitman thought of Sarcia and Citrano as partners and he thought of Sarcia, Citrano, and PPM, as “a group” because of their continuous supply of full-time work for him. At the rate of $250 per day for five to seven days per week, Whitman was given daily assignments and was paid weekly by checks addressed to him individually. The payments were his sole income and Whitman did not submit a bid or sign a contract related to his work.

On Dec. 20, 2006, while Whitman was working for both Sarcia and PPM on a project in Ipswich, Mass., a scaffold collapsed, and as a result Whitman fell approximately 16 feet. He had serious fractures in his left leg, had two surgeries and two plates implanted with multiple orthopedic screws. Whitman was completely debilitated for three months and has been partially disabled ever since the accident.

Whitman brought his claim for benefits as an employee of Sarcia and/or PPM; however, neither had statutory workers’ compensation coverage for him as they both named him as an independent contractor. The administrative judge concluded that Whitman was a covered employee of both entities. The judge described that the two entities were “a consortium for which [Whitman] worked exclusively during the two years prior to his industrial injury…Pace, Sarcia and Citran[o] worked cooperatively throughout the claimant’s tenure.” The employers disputed that they were joint employers by arguing that there was no evidence that they operated with common management, ownership, and financial controls. However, as noted by the appeals court, state law does not require that joint employers must be integrated or single by ownership, management, and finances. ‘Workers’ compensation law in Massachusetts allows separate entities to constitute joint employers,’ the court said.

If you or your loved one suffers from injuries due to a work accident, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

Mass. Court Rules on Joint Employers’ Responsibility for Workers’ Comp, Claims Journal, September 13, 2011

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A fire in which an employee was badly burned at Monro Muffler Brake Inc. in Hyannis on February 2nd prompted an investigation by the Occupational Safety and Health Administration (OSHA). OSHA has since charged Monro Muffler Brake Inc., a company from Rochester, N.Y., for 10 alleged violations of workplace safety and $184,000 in proposed fines.

The fire began after a spark from an acetylene torch caught fire to an open container of gasoline. OSHA's inspection revealed that the fire hazards which workers were exposed to included the open container of gasoline, combustibles within the area where the acetylene torch was being used, an unsafe light fixture in a hazardous location and an overall employee lack of training for fire extinguishers. In addition to these fire hazards, employees were found to be smoking inside the perimeter of the automobile service area where fuels were being drained and where auto parts with fuel were being replaced. OSHA also found that there was not enough lighting in the work area, there were exposed electrical wires, they did not have an eye flushing station or protective eye gear, and their employees lacked safety information about the types of chemicals in use at the workplace.

Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts, said, "This is exactly the type of incident and injury that results when an employer fails to comply with common-sense and legally required safeguards for workers…To prevent such occurrences and protect the safety and health of its workers, the employer must ensure that safety and health requirements are met and maintained at all times at all of its locations."

The Massachusetts work injuries of Altman and Altman have decades of experience in dealing with injuries caused in the workplace as a result of OSHA violations. These cases can sometimes become quite complex, we have access to the finest experts in the commonwealth, and often times have to use them on cases like this.

Monro Muffler Brake was fined a $70,000 fee and charged with one willful violation for the fire hazard of smoking. OSHA issues a willful violation if the employer has “voluntary disregard” for the law's requirements or for their workers´ safety and health. They were also issued three repeat violations and $80,000 in fines for the lack of fire extinguisher training, the lack of chemical and eye guards. OSHA issues a repeat violation exists when an employer previously has been cited for the same or similar violation within the past five years. In 2009 and 2010 the company was cited for similar safety hazards at their locations in Victor, N.Y., and Norwich, Conn., locations. For the remainder of the safety hazards found during their investigation, OSHA fined the company $34,000 and issued six serious violations. A serious violation is issued if it is likely that an employee could die or experience serious harm from a safety hazard which the employer knew about or should have known about.

If you have been injured in a Massachusetts workplace, it is generally the best advice that you contact an experienced Massachusetts workers' compensation lawyer. Our attorneys have decades in handling workers compensation cases along with any third party component of the case. If you are not sure what to do about your case, give us a call for a free consultation.

Source:

US Labor Department's OSHA cites Monro Muffler Brake after worker injured in fire at Hyannis, Mass., location; proposed fines total $184,000, OSHA Regional News Release, August 1, 2011

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A trash collector has died after falling off the back of a trash truck and was run over by the vehicle in Methuen. On the morning of July 12, Keimani Bell, 28, from Dorchester, was working for F.W. Russell & Sons of Somerville, when he grabbed a trash bag from the street, lost his footing off the back of the truck, and fell underneath the vehicle. The truck was backing up at the time of his fall and Bell was subsequently run over. Spokesman for District Attorney Jonathan Blodgett, Steve O'Connell, confirmed that the worker was pronounced deceased at the scene of the work-related accident shortly before 11:30 a.m. O'Connell said the Bell "slipped off the back of the truck as it was going in reverse."

John Mariano, a witness who lives on the street, commented that he saw the worker at the rear of the truck grab a trash bag off the street, lose his footing, and then fall backwards underneath the trash vehicle. Mariano said, "The worst part was when I saw him roll under the truck ... The driver didn't know he was under the truck. If he had known he was there, he would have stopped."

The company has provided trash collection services in Methuen for the past six years. O'Connell said there was no indication that the accident was in any way intentional and that no charges have been filed. The name of the trash removal vehicle driver has not yet been released. The city's public works director, Raymond DiFiore, who oversees the city's trash collection, commented that he could not remember any accidents involving F.W. Russell & Sons trash trucks in the past six years since they had been employed by the city.

The accident is being thoroughly investigated by local police and state troopers who specialties are accident reconstruction and truck safety, in addition to troopers from District Attorney Blodgett's office. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Trash collector dies after being run over by truck in Methuen , The Boston Globe, Eagle Tribune, July 13, 2011

Trash collector dies after fall from truck, The Boston Globe, July 14, 2011

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In a July 5th work-related accident, a 58-year-old street sweeper from Penacook, New Hampshire, was killed in his street sweeping vehicle at an intersection in Norwood, Massachusetts. According to David Traub, spokesman from the Norfolk County District Attorney’s Office, the street cleaner, Patrick J. MacDonald, was killed after getting trapped in the street sweeping machinery. David Procopio, State Police spokesman, said that MacDonald appeared to have been doing repairs on the machine when he became entangled into the container that holds debri.

Norwood Fire Department spokesman George Morrice confirmed that paramedics who arrived at the scene pronounced MacDonald dead. The State Police Collision Analysis and Reconstruction team were called to the scene to investigate. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews, record reviews, and any required testing.

OSHA Spokesman Ted Fitzgerald said that if the administration did find that the accident occurred due to safety violations, then the company would be cited and likely fined. If a violation is cited as serious, the fine could be up to $7,000. OSHA issues a serious violation when death or serious physical harm could likely result from a hazard that the employer should have known about and failed to fix. If the violation is cited as a willful violation, the fine to the company could be up to $70,000. OSHA issues a willful violation, the most serious of violations, when the employer knows that a hazardous situation exists and intentionally makes no attempt to fix it. MacDonald was working for an Everett-based sweeping company called Bay State Sweeping.

Although this fatal accident is still under investigation, many questions arise from the circumstances of the accident as it could have occurred due to operational error or due to a hazard that the employer could have prevented, such as a lack of training. Another possibility is that the sweeping machine malfunctioned, entitling the deceased family to a Massachusetts Defective Products Liability Lawsuit. There are many unknowns about this case. From afar, there may be a defective product claim, but that would likely require the hiring of an expert or numerous experts. The issue of proper training is another avenue that an attorney will look at to see if that may have contributed to the accident. Additionally, knowing if that machine had similar problems in the past or any other operational issues in the past would be important, just as knowing when the last time that machine was inspected. These are just a few issues an attorney would look at. There may be many others that are not apparent right now but may be important as the investigation unfolds.

If you or your loved one has been injured in the workplace, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer soon after the accident.

Sources:

Worker killed in street sweeping accident in Norwood, The Boston Globe, July 5, 2011

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Royal Institutional Services Inc., a commercial laundry service in Somerville, has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration after a mechanic had his hand compressed by an ironing machine on January 26. The company faces four alleged violations of workplace safety standards and a proposed fine of $49,935.

After learning of the incident in which the employer was lubricating a chain on the iron that was not turned off, OSHA opened its inspection into the company´s workplace safety. They found that not only had the machine been powered at the time of the accident, but that it´s power source was not locked out before the mechanic began his maintenance. OSHA standards require "Lockout/Tagout (LOTO)" procedures which protect employees from the unexpected startup of machinery and equipment when a machine is being serviced or maintenanced by completely powering off the energy to the machine.

OSHA also found that employees who were authorized to work on the machine were not properly trained or monitored to make sure that they knew how to operate the machines and manage their energy.

OSHA's area director for Middlesex and Essex counties in Massachusetts, Jeffrey A. Erskine said, "It's not enough for an employer to have a hazardous energy control program in place. It must be effective, and authorized employees must be effectively trained so they will understand and safely utilize proper procedures…Failure to do so can result in serious injury, such as occurred here."

Because OSHA had previously cited the company for a lack of energy control procedures in March of 2006, Royal Institutional Services was given a repeat violation with a fine of $35,000 for this similar violation. They were also given two serious violations with $14,000 in fines for the lack of proper training and one violation for the lack of written lockout procedures for a machine with a fine of $935.

OSHA issues a repeat violation when an employer has previously been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA issues a serious violation when death or serious physical harm could likely result from a hazard about which the employer should have known about or knew about and failed to fix.

The inspection was conducted by OSHA´s Andover Area Office and the company has 15 business days to respond to OSHA or contest the charges to the Occupational Safety and Health Review Commission.

If you or your loved one has been injured in the workplace, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department's OSHA cites Somerville, Mass., commercial laundry for safety hazards following worker injury, OSHA Regional News Release, June 28, 2011

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Bostik Inc. reported yesterday that they had determined the cause of their plant´s explosion and 4-alarm fire at their adhesive manufacturing plant in Middleton on March 14. They asserted that the explosion which injured four of their workers was due to open valves that let flammable gas permeate throughout the building. In a press release, they reported that "Findings point to a single instance in which two internal valves in an open position appear to have allowed flammable vapors to escape into the building and ignite when exposed to an internal ignition source."

However, after meeting with Bostik representatives yesterday, state officials and investigators are hesitant to accept this explanation as a definitive cause. State Fire Marshal Stephen D. Coan said Bostik's explanation is not an official ruling and that the incident is still being investigated: "Our investigators met with the company and other agencies and were able to obtain additional information…But we are not commenting on nor are we confirming the cause as released by the company…"

The continuing investigation into the cause of the explosion and fire is led by State Fire Marshal Coan´s office and local fire officials. The Occupational Safety and Health Administration officials are investigating the plant´s workplace safety. OSHA requires such manufacturing companies to have specific procedures to control the accumulation of flammable and combustible material. OSHA also requires the regular maintenance and monitoring of any heat-producing equipment in order to prevent the accidental ignition of flammable material.

Residents nearby the plant complained of an earthquake-like boom due to the explosion and a strong chemical odor in the aftermath. State Fire Marshal Coan confirmed that shortly after the explosion, the haz-mat team had determined that there was no airborne environmental hazard. Local environmental officials were, however, concerned about the possible chemical contamination to the Ipswich River. The location of the plant is situated close to the Middleton, Peabody, and Lynn town lines.

Workplace explosions affect not only the workers but also the residents that surround the workplace facility. Injuries from explosions are not always limited to on the job site workers. When someone is injured on the job they are entitled to workers compensation benefits. These benefits vary depending on the severity of the injury. In addition, if someone happens to be injured on the job and the injury is caused by a third party, that worker may be able to make an additional claim for damages. If you are not sure if you have a third party negligence claim it may be in your best interest to contact a work injury attorney to fully understand your rights.

In addition as in the case above, when there is an explosion on the worksite often times OSHA is called in to see if there were any safety violations in the workplace. While we do not know what OSHA’s findings will be yet on, their findings can impact an injured worker’s injury claim.

If you have been injured in the workplace, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

State and company officials discuss Middleton blast, The Boston Globe, May 24, 2011

Bostik Provides Update on the March 13 Incident to Local Agencies, Bostik, Inc., Press Release

Fire Prevention Plans, Standard 1910.39, Occupational Safety and Health Administration

OSHA investigating Middleton plant blast, The Boston Globe, March 16, 2011

4 hurt in blast, fire at factory, The Boston Globe, March 14, 2011

Continue reading "Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation" »

On May 17, 2011, the U.S. Department of Labor's Occupational Safety and Health Administration reopened the public record on the proposed rule to revise the Occupational Injury and Illness Recording and Reporting Requirements regulation on workers’ musculoskeletal disorders (MSDs). As reported in OSHA Withdraws Two Important Workplace Safety Proposals, OSHA recently in January withdrew the proposed regulation that would reinstate a column on work-related employer injury logs that would have required employers to record their workers’ MSDs.

The proposed regulation would require an employer to check-mark the MSD box on the column in the OSHA 300 log if an employee´s case meets the definition of an MSD and will not change how employers must record work-related injuries and illnesses. For the purpose of the injury logs, the proposed rule would define an MSD as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs that was not caused by a slip, trip, fall, motor vehicle accident or a similar accident.

OSHA met with the Small Business Administration's Office of Advocacy over teleconference on April 11 and 12 due to their concerns over how this proposed rule would impact small businesses. OSHA has since decided to reopen the record to allow interested individuals to give feedback on the rule.

Dr. David Michaels , Assistant Secretary of Labor for Occupational Safety and Health said "OSHA is eager to hear from the public on this, and every, proposed rule…The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers." OSHA invites the public to submit comments by June 16, 2011.

OSHA expects an estimated 1.505 million MSDs to be recorded annually among 1.542 million affected businesses. They estimate that the combined costs of the proposed rule will be $1.7 million per year.

If you suffer from injuries obtained at work, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department's OSHA reopens public record on proposed record-keeping rule to add work-related musculoskeletal disorders column, OSHA National News Release, May 16, 2011

Related Blog Post:

OSHA Withdraws Two Important Workplace Safety Proposals

Continue reading "OSHA Works On Withdrawn Work-Related Musculoskeletal Disorders Recording Regulation" »

Massachusetts Attorney General Martha Coakley has announced that a Lynnfield asbestos removal company has been charged with the improper removal and disposal of asbestos in Marblehead, Lynn, and Beverly. Authorities report that David Harder, Jr., age 47, and Julie Rosati, age 51, of Lynnfield, their company named AEI, and Luiz Dias, age 43, an employee of AEI, illegally removed asbestos at many different construction sites, in addition to public buildings and schools throughout Massachusetts.

Harder, Jr. and Rosati were both charged with 12 counts of violating the Massachusetts Clean Air Act, 2 counts of violating the Massachusetts Solid Waste Act, and 4 counts of Evasion of Unemployment Insurance. Harder and Dias were also charged with Filing False Statements for the Protection of the Environment, and Conspiracy to File False Environmental reports. Rosati was also charged with Filing False Statements for the Protection of the Environment.

The removal of asbestos must be performed by a licensed contractor according to the Massachusetts Department of Environmental Protection (MassDEP) rules; however, at the time of this removal, the defendants were not licensed to remove asbestos. In addition to this, they did not notify the MassDEP of the removal dates which contractors or asbestos removal companies are also required to do.

Asbestos is a natural but dangerous mineral fiber that has been commonly used for insulation and fire-retardant manufacturing because it is resistant to heat and decay. However, it can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body causing numerous lung diseases, cancers, and possibly death.

Workplace exposure to asbestos can often be found in the construction industry, the manufacturing of materials containing asbestos, and the car repair industry.

If you have been exposed to asbestos in the workplace or have become ill because of workplace exposure to asbestos, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.
.

Sources:

Owners and Employee of Lynnfield Company Arraigned on Illegal Asbestos Removal and Disposal Charges, News Release, Office of Attorney General Martha Coakley, May 3, 2011

Asbestos Resources, Massachusetts Department of Environmental Protection

Related Blog Posts:

Boston Real Estate Development and Property Development Company Guilty of Improper Asbestos Disposal

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

Construction Halts at Boston University School of Medicine After Asbestos Exposure

Continue reading "Lynnfield Company Charged With Improper Asbestos Removal" »

The Office of Attorney General Martha Coakley has recently announced that Maria Oliveira-Soares, a woman from Randolph, Massachusetts, has been charged with two counts of Workers’ Compensation Fraud.

After a referral instigated by the Massachusetts Insurance Fraud Bureau (IFB), AG Coakley’s office began an investigation into Oliveira-Soares’ fraudulent claims for workers’ compensation. According to the investigation, she filed a claim for workers’ compensation in March of 2004 while working for a cleaning company for an injury on the job. She then reported numerous times that she had debilitating pain from her injuries and testified to the Department of Industrial Accidents (DIA) in August 2005 that she was not working because of these injuries sustained. She then reportedly worked for five different employers while collecting compensation and then even filed a second workers’ compensation claim for injuries while working as a nurse’s assistant in October 2005.

During this time she fraudulently collected over $15,000 in claims. A Suffolk Superior Court has arraigned Oliveira-Soares and she is due in court on June 14 for a pre-trial hearing.

Attorney General Coakley commented, “Workers’ compensation fraud puts an undue strain on many businesses leading to higher premiums that ultimately get passed down to consumers.”

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers for legal advice and to find out if are entitled to workers' compensation.

Source:

Randolph Woman Arraigned in Connection with Fraudulently Collecting Over $15,000 in Disability Benefits While Working, Office of Attorney General Martha Coakley Press Release, April 15, 2011

Continue reading "Randolph Woman Charged With Workers' Compensation Fraud After Office of Attorney General Martha Coakley Investigation" »

Western Massachusetts Electric Company (WMECO) is investigating an accident in which one of their employees was electrocuted and burned while working on electrical lines in Pittsfield, Massachusetts. A WMECO spokesperson reported that the Berkshire County man, who remains unidentified, is recovering at Massachusetts General Hospital in Boston but would not provide further information on his condition.

The employee, who is in his mid-40s, was working late Friday morning on a pole behind an empty Patriot Suites Hotel on Dan Fox Drive in Pittsfield late on Friday morning when he was electrocuted by a live circuit. According to the Pittsfield Fire Department, the worker was knocked unconscious upon being shocked and was hanging from his safety belt before WMECO coworkers and the fire department were able to lower him to the ground with a bucket truck. An ambulance then took him to the Berkshire Medical Center before he was subsequently transferred to Massachusetts General Hospital.

As safety advice for the general public, the WMECO recommends never to touch any downed or sagging power lines. Because it is very difficult to tell the difference between a telephone line, cable television line, or electrical line, consider any line to be energized and dangerous.

If you have suffered an electrocution accident on the job or have been injured at work, contact one of our experienced Massachusetts workers’ compensation lawyers for a free consultation.

Sources:

'Fairly serious' burns for utility worker, The Berkshire Eagle, April 17, 2011

Safety, Security and Lighting, Western Massachusetts Electric Co.

Continue reading "Western Massachusetts Electric Company Employee Electrocuted in Pittsfield" »

The Massachusetts State Supreme Judicial Court ruled yesterday that the insurance company who fought a claim by a Boston Big Dig worker should not have been penalized for taking the matter to court.

Thirteen years ago, Dante DiFronzo was hit by a car at a Boston Big Dig jobsite when he was running between two work zones at the end of his shift. Although no one has ever denied that he was hit by a car, the thirteen-year-old question is whether or not DiFronzo was still working at the time of the accident. Because Massachusetts State law does not hold employers responsible for injuries while commuting, DiFronzo would only be entitled to workers’ compensation if he were still working and had not started his commute home. DiFronzo argued that he was running to a work vehicle to make a radio call that he was about to leave his jobsite. DiFronzo was able to convince authorities that he was still technically working.

DiFronzo’s insurer, National Union Fire Insurance, took the matter to court and argued that he was running to catch a bus home when he was hit by a car. DiFronzo in return tried to file additional penalties against the insurer and his lawyer contended that the insurer wrongfully tried to deny his claim. The Supreme Judicial Court ruled that the insurer was indeed justified in questioning whether DiFronzo was still on the job when he was injured and that they should not have to face additional penalties. The end result of Tuesday’s ruling was that DiFronzo received his workers’ compensation but no extra penalties were filed against the insurer for questioning his claim.

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers to find out if are entitled to workers' compensation.

Source:

Supreme Judicial Court rules against Big Dig worker, Boston Business Journal, April 12, 2011

Continue reading "Boston Big Dig Workers' Compensation Case Settled: Insurer Had Right To Question Whether Employee Was Still Working " »

A Massachusetts Department of Transportation worker fell into a 20-foot deep shaft in the Ted Williams Tunnel in Boston early on Friday morning. Officials have reported that either a ladder broke or the worker slipped just after 1 a.m. He was reported to have suffered from leg injuries from the fall and also hit his head. Because he fell into a water drainage system, officials were concerned that his wounds could be contaminated from the possible presence of natural gas and thus took necessary procedures to disinfect the worker. The worker was rescued from the hole after being stuck in the shaft for an hour. He has worked for the department for five years and his name was not released.

Firefighter Ronald Cook commented, “It’s like anything else, it’s time consuming, it takes a lot of guys to do, it’s manpower intensive…We had quite a few companies that turned out to do it and everybody did a great job.”

The state Department of Transportation is reviewing their safety protocol and investigating whether or not the 51-year-old electrician was following their set safety standards. Adam Hurtubise, a spokesman for the Department of Transportation, confirmed that they are "...conducting our own review, and if we determine we need to call in OSHA, we will."

As reported just last week, this work-related fall has happened a week after an MBTA employee fell 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station. He was walking on a plank of plywood that was covering the shaft when he fell through and was stuck for hours before Boston firefighters could rescue him.

If you have been injured in a work-related accident and to find out if are entitled to workers' compensation, contact one of our experienced Boston workers’ compensation lawyers for a free consultation.

Sources:

Worker rescued from shaft in Ted Williams Tunnel, 7-News, whdh.com, April 8, 2011

Department of Transportation worker’s fall in tunnel sparks probe, The Boston Herald, April 9, 2011

Continue reading "Department of Transportation Worker Falls Into Shaft in Ted Williams Tunnel in Boston" »

A contractor who was hired to take apart an above the ground pool at a residence in Windham has suffered severe injuries and is in critical condition. Fire Chief Thomas McPherson Jr. reported that, "Preliminary reports indicated that the patient was a contractor who was disassembling an above-ground pool, which had a large amount of ice and water in it, and was being drained…It is believed that, at some point, the metal sides of the pool gave way, striking the patient."

The victim, Steve Harriman, from Dover, New Hampshire, was reported to have a detached lower right limb just below the knee. He was transported to the Boston Medical Center by a medical helicopter and underwent surgery. He is now in critical condition. Other than the build-up of ice and water in the pool, the cause of this work-related accident has not been determined.

McPherson, who was on the team of responders said, “What we do is prepare the part that has been amputated and take care of that…Hopefully, we can get that person stabilized, get him over to the helicopter, to get him down to Boston, where, hopefully, that limb can be saved and reattached.”

As a victim of a work injury and amputation, an employee is entitled to wage benefits and can also possibly file a claim against the manufacturing company for a faulty product. Employers are obligated to protect their workers from workplace accidents and injuries.

If you have been injured in a work-related accident and to find out if are entitled to wage benefits, contact one of our highly experienced Massachusetts workers’ compensation lawyers for a free consultation.

Source:

Man severs leg in Windham work accident , Eagle Tribune, April 1, 2011

Continue reading "Contractor In Windham Suffers Amputated Leg On The Job" »

A Massachusetts Bay Transportation Authority employee fell down 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station in Boston early this morning. Identified as Edward Rowe, 46, of Haverhill, the employee has worked for MBTA since he was 18 years old.

According to officials, the accident happened around 4:30 a.m. this morning. Rowe, an electrician for MBTA, was shutting off the power to a Red Line rail at the station. He was walking on a plank of plywood that was being used to cover up the deep shaft and subsequently fell through the hole as the plywood gave way. Rowe was stuck for hours before Boston firefighters were able to lift him to the surface around 8 a.m.

A fire department spokesperson, Steve MacDonald, said that, “The only way to get him out was to hoist him straight up…It’s very tough, confined conditions.’’ Firefighters ended up rigging a pulley system and lowered a firefighter down to where Rowe was trapped so that he could evaluate Rowe and attach him to a safety harness in order to pull him out. After having to adjust the safety harness so that Rowe was not in too much pain, firefighters eventually were able to safely pull him out.

Rowe is now in critical condition at Massachusetts General Hospital where he is reported to have two broken legs. After this early-morning workplace accident, the MBTA General Manager, Richard A. Davey, requested that all plywood used as shaft covers be removed and replaced with metal shaft covers.

If you have been injured at work, our Boston workers’ compensation lawyers can help you explore your legal options with advice and a free consultation.

Source:

Boston firefighters save MBTA worker who fell 30 feet , Boston Globe, March 30, 2011

Continue reading "MBTA Worker Falls Down 30-Foot Concrete Shaft at Charles/ Massachusetts General Hospital Station in Boston" »

After citing a Danvers, Massachusetts, roofing contractor for inadequate guards to protect workers from falling, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has warned all construction employers in Essex and Middlesex counties to take safety precautions against falling hazards. OSHA cited A.C. Castle Construction Co. Inc. of Danvers for potential fall hazards at their residential job site located at 5 Collins Street, in Danvers.

Jeffrey A. Erskine, OSHA's area director for Essex and Middlesex counties, said, "These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines…Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards."

The company faces almost $61,000 in fines for 21 citations. They were charged with three repeat citations amounting to $15,200 in fines for falling hazards as high as 19 feet, along with the lack of head protection. Eighteen serious citations were issued with $45,600 in fines for numerous additional safety hazards including exposure to electric shock, frayed electrical lines, lack of head, eye, or foot protection, and for the lack of a competent person overseeing the site who should have been able to identify such hazards.

For all construction and roofing contractors, OSHA provides detailed online information on these mandatory and recommended fall hazard safety topics:

•Employers’ mandatory job to provide fall protection
•Criteria and practices of fall protection systems
•Training requirements for employers and employees
•Determining roof widths
•Guardrail systems
•Fall arrest systems and positioning device systems, such as lifelines that should be connected to the body-belt or harness and attached to anchorage

If you have been injured on a construction site due to your employers lack of safety measures, contact one of our experienced Massachusetts workers’ compensation lawyers for advise on your case and a free consultation.

Source:

US Labor Department's OSHA urges employers to guard against fall hazards after citing employer at Danvers, Mass., jobsite, OSHA Regional News, March 24, 2011

Continue reading "OSHA Warns Construction Industry in Essex and Middlesex Counties after Citing Danvers Roofing Company for Fall Hazards" »

Attorney General Martha Coakley's Office announced last week that an agreement has been reached that will prevent an increase in rates paid by businesses for workers’ compensation insurance in Massachusetts until September of 2012. The Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the organization that oversees workers’ compensation rates in Massachusetts, had proposed a 6.6 percent increase in premiums.

Coakley claims that by freezing these rates instead of increasing them, Massachusetts employers will save up to $65 million. Coakley said “The industry’s request to raise rates could not have come at a worse time for small businesses in Massachusetts…We told the industry that we believed the rate was unjustified and that we would litigate to stop it.” Although the agreement still needs approval from state regulators, President of WCRIBMA, Paul Meagher, said “with the economic recovery just beginning to gain traction, the workers’ compensation insurance industry is willing to assist Massachusetts employers by waiting another year before requesting a rate increase.”

These rates for workers’ compensation insurance are negotiated and set approximately every other year in a hearing before the Commissioner of Insurance. Coakley’s office will also be able to review this year's insurance data before determining whether a further rate freeze will also be necessary in 2012. Businesses in Massachusetts are obligated to purchase workers’ compensation insurance to provide coverage for workers injured on the job and their lost wages.

If you have been injured at work or have a question regarding a workers' compensation case, our experienced lawyers can help. Please do not hesitate to contact us for a free consultation.

Sources:

Deal will keep Mass. workers comp rates flat, BusinessWeek, The Associated Press, March 2, 2011

Agreement Leaves Massachusetts Workers’ Comp Rates Flat, Insurance Journal, March 2, 2011

Continue reading "Massachusetts Workers’ Compensation Rate Freeze" »

The Philadelphia retail and car service company, Pep Boys, has been charged by the US Labor Department’s OSHA with repeat and serious citations. After an inspection at the company’s Hamden, Connecticut, facility, OSHA found that workers were exposed to numerous work safety hazards, including potential electric shock due to damaged power cords and laceration hazards due to the lack of a safety guard on a grinder. The company was previously charged with similar citations at their Orange facility in Connecticut, and were thus charged with $70,000 for these serious repeat violations. They were also charged with $5,000 for the lack of cover plates on electrical outlets and a snap switch box.

OSHA’s Area Director in Bridgeport, Robert Kowalski, said "The size of these fines reflects the fact that Pep Boys previously was cited for a number of similar hazards at its Orange, Conn., location…It would be to the benefit of its workers' safety companywide for this employer to determine if similar hazards exist at other stores and to eliminate them if they do." Here in Massachusetts, Pep Boys has facilities in Everett, Dedham, Salem, Springfield, and West Springfield.

OSHA issues a serious citation when there is a significant probability that death or physical harm could happen from a workplace safety hazard that the employer knew about and/or should have already fixed. OSHA issues a repeat citation when the employer was previously cited for the same or similar violations of workplace safety within the last five years.

If you have been injured at work, feel free to contact one of our experienced lawyers for a free consultation.

Source:

US Labor Department's OSHA cites Pep Boys for machine guarding and electrical hazards at Hamden, Conn., location, OSHA Regional News Release, March 3, 2011

Continue reading "Pep Boys Charged With $75,000 for Workplace Safety Violations" »

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" »

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" »

On Saturday, January 22nd, the Friends of Jim Young fundraising committee will host an event on behalf of the Young Family at the Moose Lodge in Merrimac. The committee was formed after Mr. Young was severely injured in an electrical accident while working for Georgetown Electric last September.

He was injured after coming in contact with energized wires while working on a pole during scheduled maintenance near 36 Jackman Street in Georgetown. He lost both of his arms due to the accident.

Young spent eight weeks at Massachusetts General Hospital and Spaulding Rehabilitation. Currently, he is receiving physical therapy at Whittier Rehabilitation. Proceeds from the fundraiser will go to the Young family and aid in his recovery.

Young is very involved in the community, including holding a position as one of Merrimac’s Light Commissioners, volunteering for the Merrimac Little League and Merrimac Soccer Club, as well as serving as a Merrimack Valley umpire and basketball referee. He is 40 years old and is married and the father of two young children.

Source:
Georgetown Municipal Light employee seriously injured in electrical accident,Georgetown Record, September 27, 2010

Fundraiser to be held for injured Georgetown Electric employee, Georgetown Record, January 14, 2011

State fire investigators revealed on December 29, 2010, that a gas explosion which killed an electrician and injured three other workers and two firefighters last July at a Norfolk condominium building could have been prevented by the company in charge of filling the tank.

Workers at the site said they did not smell gas before the blast. That can occur when the chemical that gives propane its distinctive "rotten eggs" smell fades over time. Odorant fade can occur in new tanks or tanks that have run dry and are only partially filled. The 1,000-gallon tank at the condominium construction site had only 200 gallons of propane in it at the time of the explosion.

According to the report, the company that delivered the gas to the condominium project was Energy USA in Taunton. Records show a delivery of 200 gallons on April 29 despite a warning label on the side of the tank that clearly stated the tank should not be partially filled. Energy USA told investigators that only a small amount of gas was delivered because it was a construction area and the gas meters had not been installed.

The family of William Nichols, the 46-year-old electrician killed in the explosion, is planning to pursue a lawsuit against Energy USA.

Source: Report: Mass. blast not the fault of gas company, Boston Globe, December 29, 2010

Continue reading "Gas Explosion in Norfolk Result of 'Odorant Fade'" »

A Massachusetts state trooper sustained injuries earlier this week after being hit by a car. He was assisting a driver involved in a single-vehicle accident in Fall River and was taken to Charlton Memorial Hospital. The accident occurred on Wednesday at about 6:30am on Route 24 near the Route 79 on-ramp.

Although the driver the officer was helping was also hit by the moving vehicle, no other injuries were reported.

The motorist who hit the trooper has been charged with negligent operation of a motor vehicle. Here in Massachusetts, the penalty is a $250 fine. Negligent operation of a motor vehicle that results in property damage and personal injury in a car accident is a very common tort, and one that our Boston personal injury law firm can assist you with.

Source: Mass. trooper struck by car at accident scene, Boston Globe, December, 8, 2010

Continue reading "State Trooper Injured On the Job in Fall River" »

On Thursday evening, a state trooper suffered minor injuries after an alleged drink driver hit his cruiser. According to state police, this traffic accident marks the sixth time this year a trooper has been hit by an alleged drunk driver while in a cruiser.

The trooper was headed to work in a marked cruiser when he noticed cruisers with emergency lights heading towards him. He positioned his vehicle in the path of a driver who was fleeing from Milford police, and the driver collided with the cruiser. The driver reportedly jumped out of his pickup truck and was arrested after a brief chase. He refused chemical breath tests and was charged with drunk driving on the basis of his glassy eyes, unsteady feet, and the smell of alcohol.

According to a Milford police report, the driver was charged with operating under the influence (second offense), marked lanes violation, possession of alcohol in a car, failure to stop, and reckless operation of a motor vehicle. If the driver is found guilty of a second offense of OUI in Massachusetts, the penalty is jail time of 30 days to 2½ years, a fine of $600-$1,000, license suspension for up to two years, and a requirement to install your car with an interlock device. It could also result in probation and/or inpatient admission to an alcohol treatment program.

Source: State trooper is sixth hit this year by alleged drunk driver, Boston Globe, October 15, 2010

Continue reading "Massachusetts Police Officer Injured on His Way to Work" »

Last month, a traffic crash near the Thomas P. O’Neill Tunnel injured a Boston police officer while he was on duty. The accident occurred around 8:41am on I-93 northbound, according to a state police spokesperson.

The police offer’s injuries were not believed to be life-threatening. He was taken to Massachusetts General Hospital. No other injuries were reported in connection with the accident, and it was unclear if anyone would be charged.

If you have been injured on the job, then the Boston workplace injury law firm of Altman & Altman may be able to help. Our attorneys can help you recover compensation for lost wages and medical costs. We may also be able to file a secondary claim so that you can recover additional compensation. Contact us to discuss your legal options.

Source: Boston police officer suffers minor injuries in collision with car near O'Neill tunnel, Boston Globe, August 21, 2010

According to the Star Gazette, railroad companies often ship deadly chemicals across the country on a daily basis, yet the companies refuse to publicly disclose exactly what those substances are or how frequently they are transported through certain areas.

A spokesman for the Federal Railroad Administration (FRA) reported that only railroad companies know what cargo is held within the cars. As a result, HAZMAT crews that are tasked with responding to the scene of an accident have no knowledge of the contents of the railway cars.

The spokesperson defended the railroad company’s lack of disclosure, stating that the information must remain undisclosed since it is a “matter of national security.”

Continue reading "HAZMAT Crews are Unaware of the Specific Contents of Railroad Cars, Including Deadly Chemicals" »

The head flight instructor for the Beverly Flight Center was killed this past week after being struck by a moving propeller. The victim, a Weymouth resident, had been an instructor for the past ten years at the Beverly Airport.

The Essex District Attorney’s Office stated that the pilot’s death appears to be accidental. The accident occurred at approximately 12:15 p.m. on August 27th. The DA’s office further stated that the victim exited his plane on the runway in order to assist another instructor that was in the process of helping a student with a canopy. It was the propeller on his own plane which struck him.

The victim was pronounced dead upon the arrival of rescue workers at the scene of the accident. The Office of the Chief Medical Examiner in Boston will be conducting an autopsy.

Continue reading "Propeller Accident Kills Weymouth Pilot Instructor in Beverly" »

Recently, the Bureau of Labor Statistics released its annual report on fatalities in the workplace. While the final figures will not be released until April of 2010, the preliminary report states that there were 4,340 fatal work injuries in 2009. The number of fatal work injuries has decreased 17 percent since the 2008 report released by the Bureau of Labor Statistics.

Interestingly, the report states that 90 percent of all fatal work injuries in 2009 involved workers in the private industry.

The construction industry incurred the most fatal injuries of any industry in the private sector, with 816 deaths in 2009. Private construction fatalities have dropped by more than a third since reaching its highest numbers in 2006. The report suggests that the current economic condition of the country may explain this decline.

Continue reading "Most Dangerous Jobs In America According to the Bureau of Labor Statistics " »

This past week, two construction workers were working below street level in Bellingham Square in Chelsea when their equipment contacted an electrical line, causing an explosion. The explosion, which is currently under investigation by the Federal Occupation Safety and Health Administration (OSHA), injured two workers.

One of the injured workers, a 50-year-old resident of Everett, was transported to Massachusetts General Hospital for treatment of the injuries he sustained from the construction accident. The other construction worker injured by the blast received medical treatment at the scene.

The workers' compensation and personal injury attorneys at Altman & Altman have successfully represented injured workers and their families throughout Massachusetts for over 50 years. If you have been injured on the job, please contact our office for an initial consultation free of charge.

Source: OSHA is investigating Bellingham Square Accident, The Chelsea Record, August 4, 2010

Our Boston workers’ compensation attorneys have learned that a workplace accident injured a Massachusetts man earlier this week. The accident occurred at a gas pipeline work site when the man lost control of the bulldozer he was operating and it went down a steep embankment with a grade of about 1,800 or 1,900 feet.

The worker was found about 1,100 feet from where the bulldozer initially went out of control and was taken to a local hospital. He was listed in stable condition and his injuries were not believed to be life-threatening.

Police say it’s unclear whether the fall was the result of mechanical failure or operator error. Federal workplace safety investigators plan to look into what caused the bulldozer accident.

Source: LaFayette bulldozer crash sends Mass. man to hospital, Syracuse.com, August 4, 2010

Have you been injured on the job? Our Massachusetts workplace accident attorneys have years of experience and can help ensure that you get the medical attention and compensation to which you are entitled.

William Nichols, a 58 year old electrician, passed away Friday night as a result of injuries he sustained from a Norfolk home explosion. William Nichols was working in his capacity as an electrician when the Norfolk home suddenly exploded, injuring Nichols and seven others.

Nichols was airlifted to Brigham and Women’s Hospital where he was subsequently pronounced dead. The explosion also injured four other construction workers, two firefighters and a resident who lives in an adjoining unit.

The blast occurred around 12:30 pm as a construction crew was working on the heating and air conditioning system in the unfinished section of a Duplex at the Village at River’s Edge in Norfolk. The explosion caused the ceiling of the home to collapse which trapped Nichols in the basement for over 90 minutes before rescue workers were able to remove him from the rubble.

Continue reading "Seven Injured, One Dead Following a Propane Explosion in Norfolk Home Under Construction" »

Our Massachusetts workplace accident attorneys have learned that the Department Industrial Accidents has changed its policy on missed appointments for impartial workers’ compensation medical examinations.

Now when an administrative judge or the judge’s administrative assistant receives notice of a cancelation at least 48 hours in advance, the department shall reschedule the exam without charging the $100 missed appointment fee. Missed appointments or appointments canceled less than 24 hours in advance will not be rescheduled until the unit manager receives the miss appointment penalty.

However, if the injured worker misses an exam due to an unavoidable emergency, the worker may be eligible for a fee waiver.

Source: Massachusetts: Department cancels missed appointment fees, RiskandInsurance.com, July 29, 2010

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On Monday evening, a three-alarm fire at an Everett triple-decker home injured two firefighters and left a dozen people homeless. An estimated 70 firefighters were called the scene of the fire, and fire authorities originally closed off a section of Route 99 in Everett. They later reopened that stretch of road.

Firefighters saved four residents, among them a 10-year-old fire victim, from a third floor apartment. The left side of the building later collapsed. All 12 people who were living there had been accounted for, but they are now homeless.

Two injured firefighters were taken to Massachusetts General Hospital with non-life threatening injuries.

Source: 2 firefighters hurt while battling blaze at Everett home, WHDH.com, May 25, 2010

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According to MassCOSH (the Massachusetts Coalition of Occupational Safety and Health), eight Massachsuetts teens have been killed at work since 2000. Many of them were performing jobs that were in violation of Child Labor Laws. On top of that, an estimated one thousand minors are treated for work-related injuries in Massachusetts emergency rooms each year.

Just in time for young people beginning summer jobs, Governor Deval Patrick has dubbed May “Safe Jobs for Youth Month” to raise awareness about the increased risk of workplace accidents among young workers who may not be aware of their rights or may be asked perform tasks which they lack the strength or experience to perform safely.

Governor Patrick’s proclamation was announced recently at a three-day youth leadership conference. Students from across Massachusetts gathered to discuss ways of decreasing Child Labor Law violations, workplace deaths, and injuries.

Source: "Safe Jobs for Youth" month, Boston.com, May 13, 2010

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Following the April 20 explosion off the coast of Louisiana that killed several oil rig workers, families of the deceased and some of the workers who survived the accident have filed wrongful death or personal injury lawsuits against companies involved in the offshore drilling operation. An electronics technician who was seriously injured is seeking $6 million in damages. He filed a lawsuit in Louisiana federal court.

On Tuesday, three workers who escaped the explosion on lifeboats have filed a suit claiming they were kept floating at sea for hours as they watched the rig burn, knowing their friends were inside. That lawsuit was filed in county court in Galveston, Texas, and seeks unspecified damages on behalf of the three workers and the family of a worker who is missing and presumed dead.

Working on an oil rig is among the most dangerous jobs in the world, so this incident may lead to new legislation regarding safety standards for offshore drilling operations.

Source: Suit: Workers kept at sea hours after explosion, Associated Press, May 4, 2010

Lawsuit filed in Gulf oil rig blast, The Galveston County Daily News, May 5, 2010

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Our Massachusetts work injury attorneys have learned that a construction worker was injured when the ceiling of a church collapsed in Rockland, Massachusetts. According to fire officials, the ceiling collapse occurred in the lower level of the Holy Family Church last Thursday morning while workers were performing demolition work on the plaster ceiling of the church's lower sanctuary. A 20-by-30 foot section of the ceiling reportedly collapsed.

The unidentified worker was flown by medical helicopter to Boston's Beth Israel Hospital. The injured worker's condition is unknown. A second person suffered minor injuries but did not require hospitalization, according to officials.

The demolition accident is still being investigated to determine the cause.

Source: Worker Hurt in Ceiling Collapse at Massachusetts Church, ClaimsJournal.com, March 16, 2010

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The widow of a Massachusetts police officer says the stress of the job led her husband to take his own life in 2006. The police officer had been injured during an overtime shift in 1993 and was diagnosed with post-traumatic stress disorder the following year. Despite signs that the officer was crumbling under the stress, he was cleared for duty after a psychiatric evaluation.

His widow took her case to the state retirement board, which ruled that her husband's death was "accidental," meaning she would get 72% of his pension. Had he been killed in the line of duty, she would have gotten 100% of his pension, plus a one-time payment of almost $100,000. While the ruling does create a connection between the officer's on-the-job injuries and his eventual suicide, his widow wants her husband's death to be ruled "line of duty." She would also like his name to be added to the National Law Enforcement Officers Memorial.

Suicide among police officers is a major issue that results in more deaths than homicides or accidents at work.

Source: The police suicide problem, Boston Sunday Globe Magazine, January 24, 2010

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Earlier this year, a worker died after he became caught in the moving parts of an industrial ice-making machine. The machine activated as the worker performed maintenance work inside it. When officials from Occupational Safety and Health Administration investigated the New Bedford company, a seafood processor, they discovered 23 alleged safety violations.

Following the fatal machinery accident, the company received 19 serious citations and four other-than-serious hazards. OSHA found that the company's seafood processing plant did not have specific steps and procedures to power down and lock out the ice machine's power source before workers entered it.

Investigators also found that employees were not trained to deal with the hazard of the machine's operating without warning. The plant was also missing a program to train employees to work in confined spaces such as the ice machine. OSHA regulations aimed at preventing serious injuries require that machinery be powered down and power sources locked out before employees enter the machine to perform maintenance.

The combined proposed penalties total $66,800.

Source: Seafood Processor Cited for Worker's Death in Ice Machine, OHSonline.com, November 9, 2009

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On Monday morning, a work-related accident at a Taunton warehouse killed a worker. The 51-year-old Stoughton resident was operating a stand-up forklift when it slammed into one of the building supporting beams and threw him to the concrete floor. The impact of the fall accident caused massive bleeding after the worker's temple hit the floor.

Taunton police arrived at the scene of the accident at 10:30am. The worker was pronounced dead an hour after the workplace accident after being transported to Morton Hospital and Medical Center.

The workplace fatality is under investigation by the Occupational Safety and Health Administration, but a statement from the Taunton Police Department reports that the incident has already been deemed an accident.

Worker dies after fall in Taunton warehouse, Taunton Daily Gazette, August 31, 2009

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Following an investigation into a fatal fall accident in Lincoln, Nebraska, the Occupational Safety and Health Administration (OSHA) has issued two serious citations to a Kansas construction firm. The alleged violations come with $13,300 in proposed penalties.

When OSHA inspectors visited the construction work site, they discovered that employer had altered equipment to accommodate personnel lifting, but it had not evaluated the equipment's ability to support the alteration. A worker died after falling from an elevated platform that was attached to a skid steer loader to the concrete below. One of the serious citations was for altering the equipment and the other was for a lack of employee safety training.

OSHA issues serious citations when death or serious injury is likely to result from a hazard that an employer know or should have known about. The company has 15 business days from receipt of the citations to comply, request an informal conference with their OSHA area director, or contest the findings.

Kansas Construction Firm Fined $13,300 Following Fatality, OHSonline.com, August 3, 2009

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Earlier today, a construction accident in Kansas City's West Bottoms killed a worker. The crew was trying to adjust scaffolding when one of the metal attachment used to hold the scaffolding together reportedly came apart and fell five stories, striking the worker in the head. The fatal accident occurred around 10am.

According to a police report, the workers yelled to the men on the ground to get out of the way and one man was not able to move in time. Police said the scaffolding accident victim was not wearing a hard hat when he hit in the head.

The accident is being investigated by police and officials from OSHA.

Worker Killed In Construction Accident, KCTV5.com, July 8, 2009

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A Summerhill couple is seeking more than $150,000 from Siemans AG, because they say the German conglomerate is liable for the husband's catastrophic brain injuries, which were sustained in an industrial accident.

According to the suit, Morgan Construction Co. of Massachusetts (part of Siemans) sold Bethlehem Steel a wire drawing machine it made. Joseph Jarvie was working for Johnstown Wire Technologies (which took over the Bethlehem operation) when a wire recoiled and allegedly penetrated Jarvie's brain. The suit also says that Jarvie suffered gait dysfunction, balance disorder, depression, and nervous system damage as a result of the brain injuries sustained during the accident.

The couple is suing Siemans for failure to provide a mechanical clamping device and to provide breaking device for the die to spool to keep restraint wire under tension after it had been cut, as well as designing a machine was in an unsafe and dangerous condition.

Worker’s injury prompts lawsuit, The Tribune-Democrat, June 19, 2009

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Earlier this week, we blogged about a near collision between a truck and aircraft at Boston's Logan Airport. On Tuesday morning, a serious accident at McCarran International Airport in Las Vegas injured five construction workers. The workplace accident occurred when a rebar cage collapsed as they were building it, trapping the workers insider.

Another worker reportedly sprang into action, preventing a 30,000-pound rebar cage from crushing the five injured workers. All five workers were removed from the rebar cage and taken to the hospital. Two of the workers have already been released from the hospital, and the other three are listed in stable condition. In February, a paving company employee died, casting shadows over the $2.4 billion terminal project.

Construction resumed following the accident, and the incident remains under investigation by the Department of Aviation and OSHA.

5 hurt in Las Vegas airport construction accident, Associated Press, June 23, 2009

Unknown Man Saves 5 McCarran Airport Workers, Fox5Vegas.com, June 23, 2009

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Last Monday, a 42-year-old technician was airlifted to the intensive care unit at Massachusetts General Hospital in Boston following a wave soldering machine accident.

The machine reportedly caught fire and burned the worker from the chest up when he opened a service door on the machine to add an alcohol-based chemical, according to the fire marshal. A sprinkler above the machine put out the fire before the fire department arrived at the scene of the accident.

The worker, who was identified only by the first name of Scott, was conscious and alert when emergency responders arrived. Officials said his injuries are not life-threatening. Representatives from the Occupational Safety and Health Administration are planning an accident investigation to determine if any safety standards were violated. The company released other workers early on the day of the accident.

Man burned in accident on the job in Salem, Eagle-Tribune, June 9, 2009

NH EMS Worker Burned in Wave Accident, CircuitAssembly.com, June 12, 2009

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In Peabody, Massachusetts, a transfer machine crushed the legs of a worker who was part of a highway repaving project on Route 128 south. According to Phil Jodoin, the resident engineer for MassHighway who was on the scene to oversee the project, the construction accident occurred at 10:30 on Monday evening when the worker was run over by a machine that transfers asphalt dumped by trucks into a paving machine that puts it on the road.

Work stopped temporarily while the work crew waited for a safety officer from the Dracut-based heavy construction company to arrive at the scene of the machinery accident, along with a representative from the Occupational Safety and Health Administration.

The injured worker was not identified, but the Peabody Deputy fire Chief told the media he was taken by ambulance to Massachusetts General Hospital in Boston.

Machine crushes worker's legs, Salem News, May 27, 2009

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