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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Continue reading "Easthampton Police Officer Faces Forced Retirement After Work Injury" »

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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The U.S. Department of Labor's Occupational Safety and Health Administration has recently cited Massachusetts Bay Commuter Railroad Co. LLC for 22 alleged serious workplace safety violationsin Somerville´s Inner Belt neighborhood. OSHA additionally proposed $130,800 in fines to the company for these violations.

Inspections carried out between April and October uncovered that employees in the facility’s diesel, carpentry, truck, pipe and coach workshops were exposed to potential electric shocks, fires, falls, chemical burns, lacerations, amputations and bloodborne pathogens, in addition to possible injuries from crushing, slipping and tripping hazards.

OSHA discovered that unqualified employees were working on energized electrical equipment without proper personal protective equipment. Additionally, the facility had numerous exposed electrical circuits, inadequately misused power cords, the lack of locking out electrical power sources during maintenance, incorrect and inadequately secured oxygen and acetylene cylinders in storage, and a blocked emergency exit by a storage unit of flammable materials. Employees were also allowed to work with corrosive chemicals without face masks, hand protection or protective clothing. The facility had unguarded saw blades and unlabeled containers of hazardous chemicals. The company also failed to offer hepatitis B vaccinations to employees who were potentially exposed to bloodborne pathogens while cleaning passenger cars.

OSHA issues a serious violation when there is substantial likelihood that death or serious physical harm could result from a hazard about which "the employer knew or should have known."

Jeffrey A. Erskine, OSHA’s area director for Middlesex and Essex counties said, "The sizable fines proposed here reflect the number and breadth of hazardous conditions found at this facility…While some violations were corrected during the course of the inspection, the railroad must correct all hazards and take effective steps to prevent their recurrence."

In a statement following the proposed fines and citations, the company stated: "MBCR treats safety with the utmost seriousness…MBCR has abated or is in the process of addressing all of the issues identified by OSHA. The company will continue to work closely with OSHA and the Federal Railroad Association to ensure the highest possible level of safety for employees and customers." The statement also said that MBCR has the second lowest rate of injuries in the industry and also that the company had reduced workplace injuries by 58 percent over the past year.

The railroad company has 15 business days to comply, meet with OSHA's area director or object to the inspection´s findings to the independent 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.

Sources:

US Labor Department's OSHA cites Massachusetts Bay Commuter Railroad for workplace safety hazards at Somerville maintenance facility, OSHA Regional News, November 1, 2011

OSHA: Train yard in Somerville cited for 22 serious safety violations, www.wickedlocal.com, November 2, 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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The Massachusetts State Auditor has revealed that a non-profit human services provider in Western Massachusetts that serves mentally ill and emotionally disturbed children has corruptly used over $1 million in state taxpayer money. They are additionally accused of paying an employee´s workers´ compensation insurance claim with state money during a time period in which their workers´ compensation had lapsed.

In a report released by the auditor´s office, the Easthampton-based Northeast Center for Youth and Families Inc. has allegedly misused funds over a five-year period. The organization serves approximately 600 mentally ill and emotionally disturbed children in Massachusetts. The organization also operates in Connecticut.

State Auditor Suzanne Bump said, “We want to ensure that human service providers like the Northeast Center are spending public funds legally, appropriately and wisely to maximize every dollar and help the greatest number of physical and emotionally needy children, adults and families.” She described that this situation was "another side of the coin of waste, fraud and abuse." In response to the audit´s findings, the organization responded, “It is possible that we will continue to disagree with one or more of the Auditor’s findings…In any event, we will cooperate with the Commonwealth in its prescribed process for the resolution of audits.”

Auditor Bump reported that the center sent higher cost information to the Department of Youth Services between 2006 and 2008, which resulted in an unfounded overpayment of more than $650,000 to the organization. They also allowed their workers´ compensation insurance to lapse for 21 days in 2007, during which time an employee was injured on the job and was paid $52,073 to cover medical expenses, lost wages and a settlement. In this case, the state auditors determined that the agency used over $7,000 of state funds to pay the claim. The center also reportedly improperly used $406,360 to cover out-of-state losses in Connecticut and the $1 million amount of bonuses that were given out over a three-year time period is now being reviewed by the Department of Youth Services.

A former bookkeeper for 27 years at the organization, Cecile Guilbault, commented "They've been doing unethical things for years…I'm glad that finally, after all these years, the state has finally caught up with them."

Auditor Bump requested that the organization return all fraudulently used funds to the state.

Sources:

State audit finds that Northeast Center for Youth and Families misspent money, Gazettenet.com, August 26, 2011

Audit: Human services provider misused $1m in taxpayer funds, Boston.com, August 25, 2011

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The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) has recently conducted an assessment of workplace safety at Angelica Textile Services, operating under the name of Royal Institutional Services, in Somerville, Massachusetts. The investigation was prompted by multiple worker complaints in regards to illnesses, injuries, and long-term health problems due to a dangerous and unhealthy working environment. MassCOSH´s findings were recently published in a >report that was compiled from this recent workplace safety assessment. As reported in OSHA Cites Somerville Commercial Laundry Service After Employee Injury, the company was also cited by the hand was compressed in a large iron. The company’s Somerville facility was also cited by OSHA in 2006 for hazardous waste and protective equipment safety hazards.

After OSHA´s findings in June, MassCOSH interviewed and observed 113 Angelica employees in July to document health problems and injuries thought to have been caused by working conditions. The majority of workers interviewed experienced health problems that they believed were due to their work in the laundry factory. Pain in the shoulders, back and wrist injuries were most common. Many other workers complained of neck, foot, leg, and knee pain. One unidentified worker said, “As a leader on my line I have to force my co-workers to perform more than what they can.”

When the workers were asked about working conditions that might have contributed to their health problems, workers repeatedly referred to the employer’s recent increase in work output quotas as a significant factor contributing to these injuries or chronic pain. Another unidentified employee was quoted: “I’ve been working at Angelica for more than 20 years. They gave me a written warning because I do not perform at 100% of [the newly implemented] production [quotas]. I’m in pain, my joints hurt. And, I’m very worried about my health.”

In addition to interviewing the workers, MassCOSH also conducted a review of tasks and protocol of cleaning soiled hospital linens and a chemical hazard review of cleaning products and relevant standards of manufacturers’ safety recommendations for the products and toxicology information.

MassCOSH found the following safety hazards during their investigation:

• Majority of employees are extremely physically fatigued while operating machinery. Workers seem to be experiencing an increase in pain and work-related injuries due to the increased production quota.

• Health and safety training is insufficient and not in the language of all of the workers.

• Poor maintenance and frequent breakdown of machinery exposes workers to chemical fumes and unnecessary chemical spills.

• Inadequate employee clothing to protect workers from soiled or contaminated laundry (such as blood-borne pathogens found in hospital laundry).

• Overcrowded work areas which block emergency exits.

• Increased risk of musculoskeletal injuries due to maneuvering heavy carts of laundry.

• A demeaning and hostile work environment hinders employees from speaking up about unsafe work conditions.

If you or your loved one has been injured in the workplace or suffers from chronic pain due to work, it is advised that you contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Angelica Textile Services Assessment Report, Massachusetts Coalition for Occupational Safety and Health, August, 2011

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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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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The Walgreens Company (Walgreens) has agreed to pay the Commonwealth and approximately 75 Massachusetts cities and towns $2.8 Million in a settlement with Attorney General Coakley’s Office. An ongoing investigation by the Attorney General’s Insurance and Financial Services Division exposed that the pharmacy company was overcharging public entities for prescription drugs under the workers´ compensation insurance system. Attorney General Coakley accused Walgreens of billing and receiving payments from cities, towns and state agencies for filling prescriptions for workers compensation claimants at higher prices than what is allowed by Massachusetts laws.

In a statement released by Coakley´s office, she valued Walgreens excess charges at $1.4 million since 2002. Walgreens has agreed to pay these overcharges as well as an additional $1.4 million to the Commonwealth. Coakley stated: “Cities and towns are under a great deal of economic stress, and every dollar counts…Here, the cities and towns were overcharged for prescription drug purchases. Today’s action recovers nearly three million back for local communities, and works to prevent these kinds of overcharges from happening in the future.”

Under the settlement, which was filed in Suffolk Superior Court, the city of Boston will receive approximately $200,000 in restitution. Springfield, Holyoke, Fairhaven, Needham, Lowell, Auburn, New Bedford, Norwood, Revere, South Hadley, and Winchester will also each receive restitution of approximately $10,000. Towns will approximately receive $8,900 each in restitution. The Attorney General has reached settlements also with CVS, Shaws Supermarkets, and Stop & Shop for similarly filling prescriptions for workers´ compensation claimants at higher prices than what is permitted.

According to a Walgreens spokeswoman, the company “did not admit to any liability or wrongdoing and agreed to settle this issue to avoid further legal expense.”

Sources:

Walgreens to pay $2.8m to resolve allegations of overcharging, The Boston Globe, July 14, 2011

Walgreens to Pay $2.8 Million to Resolve Allegations of Prescription Overcharges, Office of Attorney General Martha Coakley Press Release, July 14, 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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Continue reading "Trash Collector Dies After Falling Underneath Truck in Methuen" »

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" »

An important decision has recently been made by a Massachusetts Chief Justice who has ruled that the wife of a deceased Massachusetts construction worker can sue the contractor who oversaw a construction site where her husband was killed and son was injured, despite the fact that the contractor has already paid workers’ compensation benefits.

In a 2005 Plum Island construction accident, Timothy Wentworth and his son were working for a subcontractor on a residential jobsite when the waterproofing material they were spraying exploded after a pilot light inside the house ignited. Timothy Wentworth died from his injuries sustained and his son, Ezekiel, sustained serious and disfiguring injuries.

The subcontractor they were working for was Great Green Barrier Co., a company from Maine that did not carry workers´ compensation insurance despite state requirements. The contractor who oversaw the job and subcontractor was Henry C. Becker Custom Building. Becker did carry workers´ compensation insurance and was thus obligated to pay benefits under Massachusetts law. Timothy Wentworth´s widow, Cheryl Wentworth, and Ezekiel, agreed to the settlements and were paid worker’s compensation by Becker in 2007.

Cheryl Wentworth also filed a civil lawsuit against Becker, accusing them of her husband´s death and son´s injuries due to the contractor´s negligence. Wentworth´s claim was initially refused as the court ruled that the accepted payment of worker´s compensation served as a release of all claims arising from the incident and that the contractor was immune from the family suing for a civil claim.

However, just this week, a Massachusetts Chief Justice has reversed the lower court´s decision and has enabled the Wentworths´ claim against the contractor to proceed in civil court. Chief Justice Roderick L. Ireland wrote in the court´s decision: “We conclude… that suits are not barred against general contractors that were obligated… to pay workers’ compensation benefits of the uninsured subcontractor’s employees… In sum, the immunity does not apply to the defendant (Becker).”

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

Source:

Massachusetts Court Allows Workers’ Suit Against Contractor, Claims Journal, May 23, 2011

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Salisbury Construction Contractor Cited by OSHA Following Explosion

Federal Officials Still Investigating Fatal Construction Accident

Continue reading "Massachusetts Court Decision Could Influence Contractor and Subcontractor Liability" »

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" »

Folan Waterproofing and Construction Co. Inc., of South Easton, has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for nine serious violations of workplace safety standards at a Lowell jobsite. In December of last year, an OSHA inspector found a Folan worker climbing onto the roof of Immaculate Conception Church, at 144 E. Merrimack Street, directly from his aerial lift without any form of employee fall protection. After this observation, OSHA quickly began an investigation into Folan´s jobsite safety.

OSHA found that the company´s workers lacked fall protection while in or exiting the aerial lift, a faulty wire rope that they used to haul up construction materials had not been noticed or removed from use, workers were not wearing helmets, they were exposed to electric shock risks from underground electrical equipment, and the crane they were using had not been inspected at least once a year. Employees had also not received training to recognize aerial lift hazards. The contractor now faces $48,510 in fines for these safety breeches.

OSHA´s Andover area director, Jeffrey A. Erskin, said "Left uncorrected, these conditions exposed workers to falls of up to 40 feet, electrocution and being struck by a falling load…While it is fortunate that none of these employees was injured or killed, workplace safety should never be a matter of fortune, good or bad. Ensuring the safety of workers means ensuring that proper and effective equipment and work practices are in place and in use every day at every job site."

OSHA issues a serious violation when there is a probable chance that death or serious injuries could result from a work hazard that the employer should have known about or fixed.

If you have been injured in a construction accident or work accident while on the job, it is best advised that you contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department's OSHA cites South Easton, Mass., contractor for fall, other hazards at Lowell, Mass., job site, OSHA Regional News Release, May 16, 2011

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Man Falls Through Skylight While Clearing Snow in Waltham

Construction Worker Dies from Head Injuries Sustained During Fall

Continue reading "OSHA Cites South Easton Contractor for Unprotected 40-foot Fall Hazard " »

According to a report released by the Massachusetts Department of Public Health, teen work injuries remain a major issue for Massachusetts despite a slight decline over the past few decades. The report is a part of the department´s "teens at work" project that tracks teenager hospital room visits and teenager workers´ compensation claims related to work accidents.

John Auerbach, the state’s public health commissioner, said “We’re trying to determine what type of injuries occur so we can prevent them in the future…Sometimes, what’s required is more training; sometimes, educating employers; and sometimes, changing laws.’’

According to the report, three Massachusetts teenagers under the age of 18 were killed in the workplace and over 4,000 Massachusetts teenagers went to the hospital with an emergency due to work-related injuries from 2004 to 2008. Although the number of teenager injuries has decreased due to higher unemployment rates, the rate of injuries has only slightly declined since 2000. The injury rate, three out of every 100 teenagers, is twice as high as the injury rate for older employees.

Tish Davis, who manages the Massachusetts health surveillance program, said “What we see in our interviews with injured teens is that they’re often doing exactly what their employers are asking them to do…They want to prove themselves; they don’t want to look foolish by speaking up.’’

The findings reveal that employers are not following Federal and state rules and thus not providing a safe working environment for teenagers. Under Federal law, minors must not be put in dangerous work situations. Teenagers under 18 are not allowed to work with or use power-driven meat slicers, wood-working machines, bakery equipment and are completely prohibited from working in coal mines, meat packing plants, and saw mills. Massachusetts law prohibits most jobs, other than babysitting and yard work, for children under the age of 14. However, approximately one-fifth of Massachusetts middle school students admitted to having prohibited jobs in 2009.

If you or your teenager has been injured in the workplace, it is advised that you contact a Massachusetts workers' compensation lawyer.

Sources:

Teen work injuries in Mass. show only slight decline, The Boston Globe, April 22, 2011

Protecting Working Teens - A Public Health Resource Guide, Massachusetts Office of Health and Human Services

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Lakeville Teen Drowns While Working at Local Golf Course

Massachusetts Governor Declares May “Safe Jobs for Youth” Month

Continue reading "Teenage Work Injuries Remain Too Common in Massachusetts" »

As summer approaches, the Department of Labor's Occupational Safety and Health Administration recently announced a national initiative to educate workers and their employers about the hazards of working outdoors in the heat and ways in which employers can prevent heat-related illnesses for their employees.

Secretary of Labor Hilda L. Solis said, "If you're working outdoors, you're at risk for heat-related illnesses that can cause serious medical problems and even death…But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message – water, rest and shade."

Thousands of workers suffer from heat illness or heat exhaustion every year, which can quickly lead to heat stroke if not treated. Heat stroke killed over 30 workers nationwide last year. Jobs in agriculture, construction, landscaping, road-work, and airport baggage handling are some industries particularly at risk.

OSHA has taken many recent steps to ensure a cool and safe work environment for the upcoming summer. They have partnered with the National Oceanic and Atmospheric Administration (NOAA) to produce weather warnings that will issue heat alerts for workers across the U.S. OSHA has also created educational and training materials on heat illness in English and Spanish, along with their new heat illness web-page with information for employers and workers.

OSHA Assistant Secretary Dr. David Michaels said "As we move into the summer months, it is very important for workers and employers to take the steps necessary to stay safe in extreme heat…Drinking water often, taking breaks and limiting time in the heat are simple, effective ways to prevent heat illness."

As reported just last December, in Salisbury Construction Contractor Cited by OSHA Following Explosion, a Massachusetts contractor was penalized for a lack of heat guards that could lead to extensive heat exposure to their workers.

If you have been injured at work or have a question regarding a workers' compensation case, contact an experienced Massachusetts workers' compensation lawyer.

Source:

US Labor Department launches national outreach
campaign to protect workers from heat-related illnesses, OSHA National News Release, April 26, 2011

Related Blog Posts:

Salisbury Construction Contractor Cited by OSHA Following Explosion

Continue reading "OSHA Warns of Workers Overheating in Summer Months" »

Governor Deval Patrick has recently agreed to keep Massachusetts workers’ compensation rates at their current levels after an agreement was reached between the Massachusetts worker's compensation bureau, the state insurance division and the attorney general's office.

As earlier reported in Massachusetts Workers’ Compensation Rate Freeze, Massachusetts Attorney General Martha Coakley came to an agreement last month with the Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the organization that oversees workers’ compensation rates in Massachusetts.

The rate agreement will now be upheld and there will be no rate increase at least until September of 2012. Insurance Commissioner Joseph Murphy said that rates will remain at the current level under the agreement that the governor has reviewed and supports. The WCRIB originally proposed a 6.6 percent increase in premiums. Attorney General Coakley claimed that by freezing these rates instead of increasing them, Massachusetts employers and businesses will be able to save up to $65 million. Last year, state insurance regulators reached an agreement with the WCRIB to cut overall rates by 2.4 percent, despite the bureau’s request to increase them by 4.5 percent.

Paul Meagher, the President of the Massachusetts WCRIB, 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 established every two years in a hearing with the Commissioner of Insurance. This year's insurance data will be examined before a decision will be made if a further rate freeze will be necessary in 2012. Businesses in Massachusetts must purchase workers’ compensation insurance to provide coverage for workers who are injured on the job.

If you have been injured at work or have a question regarding a workers' compensation case, contact an experienced Massachusetts workers' compensation lawyer.

Sources:

Mass. rejects hike in workers' compensation rates, The Boston Globe,
April 12, 2011

Massachusetts workers comp rates to remain unchanged until Sept. 2012, Business Insurance, April 13, 2011

Related Blog Post:

Massachusetts Workers’ Compensation Rate Freeze

Continue reading "Massachusetts Governor Patrick Agrees to Workers' Compensation Rate Freeze" »

The Occupational Safety and Health Administration (OSHA) has recently released a campaign for a safer working environment for employees who drive while working. Following national awareness and campaigns on the dangers of texting while driving, OSHA is working together with the Department of Transportation and has released a ”no-texting while working” brochure and a new informational page on their website directed at employers and workers who drive on the job.

In the brochure, OSHA outlines that employers should ensure the safety of their driving employees by following these recommendations:

• Prohibit workers from texting while driving and declare work vehicles “text-free zones.”
• Establish procedures that do not require employees to text while driving.
• Establish safe procedures, locations, and times for safe communication with managers or customers.
• Train employees on safe communication practices.
• Remove any possible financial incentives or work incentives that would result in employees trying to text while driving on the job.

At a recent symposium focused on eliminating work-related driving distractions, the Symposium on Prevention of Occupationally-Related Distracted Driving, held on April 18 in Laurel, MD, OSHA Assistant Secretary David Michaels spoke on the importance of minimizing the need of employees to text their customers or employers while driving. In an October 2010 letter to employers whose employees work involves driving, he emphasized, “Year after year, the leading cause of worker fatalities is motor vehicle crashes. There’s no question that new communications technologies are helping business work smarter and faster. But getting work done faster does not justify the dramatically increased risk of injury and death that comes with texting while driving.”

Here in Massachusetts, bus drivers are forbidden from using any cellphone; however, there is no statewide-law forbidding cellphone use while driving, only local laws.

If you have been injured in a work-related vehicle accident, contact an experienced Massachusetts workers’ compensation lawyer for legal advice and to find out if are entitled to workers' compensation.

Source:

Distracted Driving, Occupational Safety and Health Administration

Continue reading "OSHA Pushes for Safer Occupational Drivers, No Texting for Drivers on the Job" »

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" »

The Office of Attorney General Martha Coakley has announced that John Cloutier, 46, of East Freetown, Massachusetts, is guilty of Workers’ Compensation Fraud while working for the Department of Correction. From July 2008 to March 2010, Cloutier collected workers’ compensation for a work-related injury and told medical examiners that he could not stand for an extended period of time or take part in any activities that might stress or worsen his injuries. However, it was later discovered and proven that he ran a long-distance marathon and several half-marathons during this same time period.

In March of 2010, a workers’ compensation judge at the Department of Industrial Accidents decided that he was not eligible for any workers’ compensation after his first marathon as they were given evidence that he ran long-distance races from January 2009 to September 2009. Investigations into the matter found that he wrongfully collected over $56,000 after January 2009. The Department of Correction then handed the matter over to the Attorney General’s Office for prosecution in April of 2010.

Superior Court Judge Frances McIntyre charged Cloutier with two and a half years in the House of Correction and with a probation period of five years. During Cloutier’s probation, he is not allowed to work for a public entity, he must inform any employer of his sentence, and he also must repay the entire amount of compensation that he was not eligible for after January 2009 in the amount of $56,733.

To find out if you have grounds for a workers' compensation case or if you have been injured in the workplace, contact one of our experienced Massachusetts Workers' Compensation Lawyers for a free consultation.

Source:

Former Correction Officer Pleads Guilty, Sentenced for Fraudulently Collecting Workers’ Compensation Benefits, Office of Attorney General Martha Coakley Press Release, March 30, 2011

Continue reading "Former Massachusetts Department of Corrections Employee Guilty of Workers’ Compensation Fraud" »

Attorney General Martha Coakley has recently announced that the Boston real estate development and property management company, JM Realty Management, Inc., and President John McGrail, were found guilty of improper removal and disposal of asbestos. The Massachusetts Department of Environmental Protection (MassDEP) witnessed asbestos material at one of their construction sites and employees also complained that the company was working at three different properties containing asbestos in Lynn, Boston, and Worcester, and that the debris was later taken to dumpsters not permitted for the disposal of asbestos waste.

After these complaints to the District Attorney’s Office, an investigation was started by the Massachusetts Environmental Crimes Strike Force (ECSF), a collaboration overseen by the Attorney General, the MassDEP, and the Energy and Environmental Affairs Secretary. A serious violation of the Clean Air Act, asbestos removal and disposal is regulated by the government because breathing in the miniscule fibers can cause potentially fatal health problems and work-related illnesses, such as lung cancer and mesothelioma.

Suffolk Superior Court Judge Regina Quinlan ordered McGrail, age 44, of Boston and JM Realty to collectively pay $200,000 in fines. She also sentenced the defendants to three years probation under the condition that they do not violate federal, state or local environmental laws. The defendants were also ordered to provide all employees with asbestos training and must have an independent auditor to evaluate their environmental actions.

In addition to these environmental charges, the company also faces charges for a lack of proper tax, payroll, and unemployment insurance.

If you or you loved one has suffered from a work illness due to asbestos exposure, you may have grounds for legal action. Contact one of our experienced Boston workers' compensation lawyers for a free consultation.

Source:

Boston-Based Real Estate Company, President to Pay $200,000 for Illegal Asbestos Removal and Disposal, Office of Attorney General Press Release, March 24, 2011

Continue reading "Boston Real Estate Development and Property Development Company Guilty of Improper Asbestos Disposal" »

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" »

A company in Lawrence, Massachusetts, C.I.L. Inc., has been cited and charged with $49,289 in proposed fines carry out metal finishing and processes that increase metal corrosion resistance, such as anodizing and hard coat services. The U.S. Department of Labor's Occupational Safety and Health Administration found that the company had not fixed their prior hazards cited and that workers were exposed to high chances of electrocution or shock.

OSHA first inspected the company’s plant in 2005 and then in 2007 before their most recent inspection in December of 2010. Because the company has a “higher-than-average” injury or illness rate, OSHA inspected this company under their Site-Specific Targeting Program. This program is in place to target and monitor the most dangerous companies based on injury and illness rates, employee days away from work, and transfer rates. OSHA’s most recent inspection of C.I.L. Inc. revealed that the company had not fixed their previous electrocution hazards, such as the use of extension cords in place of what should have been permanent wires. They also cited them for a repeat violation of inadequate air-flow to a paint booth. These repeat violations amounted to $26,950 in fines.

The company’s five new serious violations, amounting to $22,330 in fines, were cited for the following reasons:

• Lack of ventilation in an area where flammable materials were stored
• Waste cans and other materials stored too close to paint spray booths
• Cleaning hose with dangerous amount of air pressure
• Electrical circuits that were not labelled
• Unapproved electrical equipment in an area with flammable paints and solvents

OSHA’s Jeffrey Erskine, the Area Director for Essex and Middlesex counties, warned that, "Left uncorrected, these conditions expose employees to the hazards of fire, electrocution and electric shock…It's imperative that the employer address these issues thoroughly to ensure their correction and prevent them from happening again."

A repeat violation is given when an employer previously has been cited for the same or a similar violation of a standard within the last five years. A serious citation is given when there is a high chance that injury or death can result from the safety hazard.

If you have been electrocuted or injured in the workplace, our experienced Massachusetts workers’ compensation lawyers can help. Please do not hesitate to contact us.

Source:

US Labor Department's OSHA proposes more than $49,000 in fines against
Lawrence, Mass., metal finishing plant for repeat and serious safety hazards, OSHA Regional News Release, March 24, 2011

Continue reading " C.I.L. Inc. Fined for Safety Hazards Amounting to $49,289 " »

The Occupational Safety and Health Administration has cited PEP Direct LLC, a mailing and printing company based out of Wilton, New Hampshire, with 17 willful and serious citations for violating workplace safety protocol, accompanied by fines of $170,000.

OSHA has cited and fined this company for the following serious safety breaches of workplace safety:

· Three of their four printing presses lacked guarding to protect operators and other workers against being caught or falling into the presses and despite the employer’s knowledge
· Workers were fixing electrical equipment without training, lack of protection equipment, and were fixing live electrical equipment without first turning off the power, all resulting in possible electrocution
· Untrained industrial truck operators

Rosemarie Ohar, OSHA's New Hampshire Area Director, said that "These conditions, left uncorrected, expose workers to potential death or serious injury from being caught in operating machinery, struck by powered industrial trucks and electrocuted. The employer must comprehensively address all these hazards to eliminate them and keep workers safe…The sizable fines proposed here reflect the breadth and gravity of the hazards found at this plant as well as the employer's knowledge of and failure to correct some of these conditions."

Here in Massachusetts, the US Postal Service was charged earlier this year with similar citations and $238,000 in fines for electrical hazards at their Shrewsbury mail processing facility, as previously reported in the Altman & Altman's Workers' Compensation Blog.

If you have been injured in the workplace, our experienced lawyers can help. Please do not hesitate to contact us for advice on a workers’ compensation case and a free consultation.

Source:

US Labor Department's OSHA cites Wilton, NH, direct mail printer and distributor for 17 willful and serious safety violations, OSHA Regional News, March 16, 2011

Continue reading "PEP Direct LLC Receives Citations for Electrical and Mechanical 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" »

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

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

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

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

Sources:

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

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

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

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

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

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

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

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

Sources:

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

Asbestos Information & Resource Guide, Massachusetts Department of Environmental Protection

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

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

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

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

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

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

Source:

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

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

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

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

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

Sources:

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

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

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

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

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

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

Source:

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

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

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

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

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

Source:

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

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

Here in the Bay State, authorities have recently updated the paperwork requirements for workers’ compensation for some out-of-state contractors doing business in Massachusetts. The Division of Industrial Accidents started requiring a Form 154 this summer to verify workers’ compensation insurance for businesses that had no physical location in the state.

However, the form reportedly subjected workers’ comp insurance agents, carriers, and their clients to fine and stop work orders, because it required a 10-day advance notice of cancellations, a requirement that many insurers are not able to issue. Safety regulators apparently agreed to drop the requirement last month.

According to the Massachusetts Department of Revenue website, out-of-state contractors undertaking a construction contract in Massachusetts are also required to deposit with the Commissioner of Revenue a sum equivalent to 6.25% of the total amount of the contract. Alternatively, they may provide the Commissioner with a Guarantee Bond equivalent to 6.25% of such total amount.

Source: Massachusetts Revises Workers' Comp Paperwork Snafu, Insurance Journal, November 5, 2010

Continue reading "Massachusetts Updates Workers’ Comp Requirements for Out-of-State Contractors" »

A Freetown man and former Massachusetts prison guard is accused of worker’s compensation fraud. Prosecutors allege that the 45-year-old man collected over $50,000 in worker’s comp benefits between January 2009 and Mach, during which time he ran a half-marathon and a full marathon.

He’d apparently sustained a work-related injury in July 2008.

The man has pleaded not guilty to the fraud charges and was released on personal recognizance at his arraignment several weeks ago in Suffolk Superior Court. The charges reportedly resulted from anonymous tip.

Source: Mass. prison guard accused of worker comp fraud, Boston Herald, October 27, 2010

Continue reading "Massachusetts Man Pleads Not Guilty to Worker’s Comp Fraud" »

Several towns in Massachusetts, including Brockton, Pittsfield, and New Bedford, will receive thousands of dollars in damages from CVS, which was found to have overcharged state residents for prescription drugs under the workers’ compensation insurance system. The Division of Health Care Finance and Policy uses the same methods to price prescription drugs for workers’ compensation claims as for Medicaid.

Massachusetts Attorney General Martha Coakley announced the payments last Thursday after investigating allegations that the pharmacies were overcharging residents. The Attorney General filed last month in Suffolk Superior Court.

CVS will pay $1.35 million of the Commonwealth of Massachusetts on top of $1.3 million to the towns and cities impacted. Boston will receive $60,000 in damages, while Brockton will get $52,000. The communities should get their checks later next month.

Source: Brockton to receive more than $50,000 in CVS overcharges, Enterprise News, October 1, 2010

Continue reading "Massachusetts Communities to Receive Damages from CVS for Workers’ Compensation Overcharges" »

A settlement has been reached with a Stoughton, Massachusetts strip club that allegedly misclassified dancers and massage therapists as independent contractors, denying them overtime pay and workers’ compensation protections.

According to reports, roughly 50 women have asked to share in the settlement, which set aside $400,000 for the women and $200,000 for the attorneys who litigated on their behalf. An additional 100 woman who worked in the club between December, 2006 and September, 2009 reportedly may be eligible to share in the settlement.

Several other Massachusetts clubs have been sued or are being sued over similar disputes. A Suffolk County judge reportedly ruled last year that plaintiffs could seek damages from a Chelsea, Massachusetts club. Some clubs have now reclassified dancers and massage therapists as employees and paid them minimum wage. Misclassifying workers to avoid paying workers' compensation is a common issue in other industries as well.

Source: Clubs strip dancers of worker rights, BusinessInsurance.com, September 20, 2010

If you have been denied workers’ compensation, please contact the Boston workers’ compensation lawyers at Altman & Altman for a free initial case evaluation.

This Friday, an 18-year-old golf course employee drowned while cutting grass at a Massachusetts golf course.

The victim, a college student, was operating a ride-on lawn mower at a Lakeville golf course when he drove into a manmade water hazard.

The worker was pinned by his ride-on lawn mower under approximately five feet of water. The young man was discovered about twenty minutes after being submerged. He was given CPR at the scene of the work accident and was rushed to Morton Hospital and Medical Center, where he was pronounced dead.

Continue reading "18-year-old Golf Course Employee Drowns in Water Hazard" »

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" »

Governor Deval Patrick recently passed an amendment to Massachusetts' workers’ compensation statute that allows any three private citizens to file a civil suit against employers who fail to follow workers’ compensation laws.

The amendment incentivizes plaintiffs with a monetary award, compensatory and liquidated damages, and costs and attorney’s fee. The plaintiffs will be required to provide the employer and any insurer with a notice of intent to sue 90 days prior to the start of the action.

The statute also provides for a six year statute of limitations, which is twice as long as most other wage-related claims. Experts predict that this will put additional pressure on Massachusetts employers to comply with workers’ compensation laws and correctly classify workers.

The amendment to the workers’ compensation statute takes effect on November 7, 2010.

Source: Workers' compensation private right of action bill creates new hazards for Massachusetts employers, Lexology.com, August 23, 2010

Contact the Massachusetts workers’ compensation law firm of Altman & Altman if you believe you have been wrongfully denied workers’ compensation. Our attorneys have over 50 years of experience in handling a variety of claims and cases.

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" »

A 24-year-old worker at the Yankee Candle Co. warehouse in Deerfield died after falling from a forklift. The man started his employment at the warehouse only a few months before the accident. He obtained the position through a local temp agency.

The man fell approximately 30 feet from the forklift. The police have stated that the worker may have been standing on a forklift extension at the time of the accident.

According to the local district attorney’s office, following the fall, the employee was taken by ambulance to Baystate Franklin Medical Center in Greenfield where he was pronounced dead.

Continue reading "Yankee Candle Worker Dies After Fall from Forklift " »

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 " »

A Worcester Superior Court has ordered a 35-year-old man and his company to pay $500,000 in restitution after the man pled guilty to over 60 charges of committing workers’ compensation insurance fraud and violating Massachusetts wage and hour laws. He has also been ordered to serve five years probation.

Labor Solutions, Inc. reportedly provided temporary labor services to manufacturing facilities around Worcester County. The company was charged with Willful Failure to Pay Minimum Wage (13 counts), Willful Failure to Pay Overtime (6 counts), Workers’ Compensation Insurance Fraud (5 counts), and Willful Failure to Furnish Employment Records to the Attorney General (5 counts), among other charges.

According to investigators, the business cheated their workers’ comp insurance carrier out of at least an estimated $509,000 in unpaid insurance premiums. Attorney General Martha Coakley said she hopes the plea and resulting sentence will discourage other employers from breaking the law.

Source: Worcester Company and Owner Plead Guilty, Ordered to Pay $500,000 in Restitution, Boston.CityBizList.com, August 21, 2010

Have you been denied workers’ compensation and other workplace rights? Our Boston workers’ comp lawyers have decades of experience in assisting workers get the medical coverage, workers’ compensation, and other benefits to which they are entitled.

Our Boston workplace injury lawyers have learned that a man from Acushnet, Massachusetts is the lead plaintiff in a suit filed in U.S. District Court in Boston against FedEx Corp.

Thirty-one current and former truck drivers are suing the delivery company over improperly classifying them as independent contractors. They allege that the degree of control which FedEx has over its drivers creates an employer-employee relationship and seek an injunction changing the classification and monetary damagers.

This is the latest of several similar lawsuits against FedEx. Among the issues related to misclassification of workers is the fact that companies who classify workers as contractors can often avoid paying workers’ compensation.

Source: UPDATE 2-Drivers sue FedEx over contractor status, Reuters, August 17, 2010

Contact a Massachusetts attorney if you have been denied workers’ compensation.

Our Boston worker’s compensation lawyers recently read about a study by the Cambridge-based Workers Compensation Research Institute (WCRI). The study found that there are dramatic differences among worker’s comp medical fee schedule levels in the 43 states which use them. It used each state’s Medicare fee schedule as a benchmark, although it also recognized that the optimum level of fee schedule rates may not be the same as Medicare.

Only three states, Massachusetts, California, and Florida, set workers’ comp fee schedule rates without 20% of the Medicare rates in those states. Massachusetts’ workers’ comp fee schedule rates were only 8% above Medicare, while Alaska’s rates were 215% above Medicare rates in the state. Five other states also set their rates at levels more than double Medicare rates in the state.

Creating a workers’ comp medical fee schedule is a delicate matter, because if rates are too high, the schedule may not meet the goal of cost containment. However, rates that are too low may jeopardize injured workers’ access to quality healthcare.

Source: WCRI Found Significant Differences in State Workers’ Compensation Medical Fee Schedule Levels When Compared to State Medicare Rates, BusinessWire.com, August 10, 2010

Contact a Boston workers’ comp lawyer if you have been injured on the job and are not receiving the medical attention to which you are entitled.

Our Boston workers’ compensation lawyers have learned that the average payment per claim for prescription drugs in the Massachusetts workers’ compensation system was 30% lower than the median of 16 other states studied. Titled Prescription Benchmarks for Massachusetts, the report found that the average payment per claim was $289.

Researchers say this discrepancy is due to Massachusetts’ lower pharmacy fee schedule.

Massachusetts is also one of only three states where physician dispensing of prescription medications is not allowed. In states where this practice is common, physician-dispensers often get even higher payouts than pharmacies for the same prescription. Doctors in Massachusetts were also less likely to prescribe brand name medications to injured workers and other patients.

Source: Massachusetts: WC prescription drug costs per claim lower than most states, RiskandInsurance.com, August 2, 2010

Continue reading "Study Finds Workers’ Comp Prescription Meds Cost Per Claim Significantly Lower in Massachusetts " »

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

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 workers’ compensation attorneys have learned that FedEx Ground has agreed to pay the Commonwealth of Massachusetts several million dollars to settle allegations that they misclassified drivers as independent contractors. According to the attorney general, FedEx’s classification of drivers denied the state workers’ compensation, payroll taxes, and unemployment assistance contributions, as well as gave the company an unfair competitive advantage.

The $3 million awarded will go to the state’s general fund and to the thirteen drivers named in the suit. There is another lawsuit on behalf of other drivers that is still pending.

The company denies liability in the settlement with the state.

Source: Mass. reaches $3M settlement with FedEx Ground, Bloomberg BusinessWeek, July 15, 2010

Continue reading "FedEx Ground and Massachusetts Reach Settlement in Alleged Misclassification of Drivers" »

Despite a request from the Worker’s Compensation Rating Inspection Bureau of Massachusetts to raise rates by 4.5 percent, Attorney General Martha Coakley has reviewed the industry’s proposed rates and determined that current rates will need to be reduced by 2.4 percent.

Coakley says the proposed rate hikes would have cost employers tens of millions in additional premium payments. In addition to this year’s rate reductions, Massachusetts workers’ compensation insurance companies will be subject to another rate review and possible rate cuts in 2011.

The settlement still needs final approval from the state’s commissioner of insurance. If approved, the lower workers' comp rates will be in effect next fall. The hope is that lower costs will spur job growth across the state and protect employers from overpaying.

Source: Massachusetts: Attorney general nixes insurers' request for increase, RiskAndInsurance.com, July 8, 2010

Continue reading "Massachusetts Workers’ Compensation Rates To Be Reduced by 2.4 Percent" »

A 34-year-old Belmont man faces charges of workers’ compensation fraud and larceny in excess of $250. He reportedly suffered a work injury in August, 2006 while working as a heavy machinery mechanic in Milford, Massachusetts. He had surgery for that injury the following year and collected workers’ compensation benefits of about $857 a week between April 2007 and August 2007.

However, the general contractor of the Milford work site discovered that the man was also allegedly employed as a subcontractor for another construction company and earned almost $10,000 while out on disability. Investigators alleged that the construction worker collected $14,000 in workers’ compensation benefits to which he was not entitled.

The man was arraigned and is due back in court later this month for a pretrial conference. His case is being investigated by the Insurance Fraud Bureau of Massachusetts (IFB).

Source: Belmont man facing fraud charges in Bay State, Citizen.com, June 23, 2010

Continue reading "Massachusetts Workers’ Comp Attorneys Discuss Fraud Case" »

The Massachusetts Appeals Court has ruled that Liberty Mutual was right to deny workers’ compensation benefits requested by a self-employed carpenter. The solo proprietor had severely injured his hand in 2005.

An administrative judge at the Industrial Accident Reviewing Board had earlier ruled in favor of Liberty Mutual, and the decision upholds that ruling. The carpenter had reportedly bought a workers’ compensation policy from Liberty Mutual in 2001, when Massachusetts sole proprietors could not cover themselves as employees under a workers’ compensation policy.

However, that changed in 2002, when Massachusetts began allowing sole proprietors to buy coverage for themselves as employees through a policy endorsement. Because the carpenter did not request the change to his workers’ compensation policy, the insurance company denied his request for benefits and the Appeals Court upheld that decision.

Source: Liberty Mutual Wins Dismissal of Claim for Injured Mass. Carpenter, ClaimsJournal.com, June 25, 2010

Continue reading "Massachusetts Workers’ Comp Lawyer Discusses Liberty Mutual Ruling" »

A Framingham lawyer has filed a lawsuit against FedEx on behalf of a former FedEx driver from Brockton, Massachusetts. The former driver worked at the company’s West Bridgewater terminal and claims he was misclassified as an independent contractor instead of an employee so that the shipping company could avoid paying workers’ compensation and other benefits.

The attorney says he already filed a proposed class action lawsuit against FedEx in 2008, but he’s waiting for a judge to decide on that class action request.

He’s also filing a series of individual lawsuits so that the former multi-route FedEx Ground drivers don’t miss out due to statues of limitations. Two Boston lawyers are apparently representing single-route drivers in other cases.

Source: Former FedEx driver from Brockton sues over being classified as an independent contractor, Patriot Ledger, June 22, 2010

Continue reading "Brockton Man Suing FedEx for Misclassification of Workers" »

A former flight attendant for Delta Air Lines who sustained severe back injuries when an aircraft came to an abrupt stop on the runway attempted to file a personal injury suit against the airline. After several spinal surgeries, she was still unable to return to work as a flight attendant.

The 1st U.S. Circuit Court of Appeals upheld the dismissal of her personal injury suit. Massachusetts law states that an employer is entitled to immunity from personal liability when the injury occurs in the scope of employment.

The claimant asserted that while she had been employed by Delta, she ended her employment relationship when she went to work for Song Airlines. However, since Song Airlines is a Delta subsidiary, the court found that she was still under Delta’s control. Therefore, the former employee was provided workers’ compensation as the sole remedy for her back injuries.

Source: Employment relationship with airline derails personal injury suit, RiskandInsurance.com, June 3, 2010

Continue reading "Court Rules in Favor of Airline in Massachusetts Personal Injury Suit" »

The Occupational Safety and Health Administration has proposed $136,000 in fines against a Massachusetts contractor that was working on a project involving the removal of asbestos-containing material at Boston Beth Israel Hospital last fall. OSHA inspectors discover 19 alleged safety violations, among them a failure to conduct an initial asbestos exposure assessment, a lack of protective clothing, and several respirator-related deficiencies.

Asbestos exposure is a serious health hazard to workers. Research has shown that prolonged exposure without appropriate safeguards in place can lead to lung cancer and other diseases.

The Danvers-based company received one willful citation with a $55,000 proposed fine for not establishing a regulated work area. OSHA also issued the company 17 serious citations totaling $80,000 in fines for the other safety issues and one other-than-serious citation with a $1,000 fine for not providing injury and illness logs in a timely fashion. The company has 15 business days from receipt of the citations to comply, participate in an informal conference with the OSHA area director, or contest the findings.

Source: New England Contractor Fined for Asbestos Hazards, Respiratory Deficiencies, OHSOnline.com, March 3, 2010

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According to a new study by researchers at Massachusetts General Hospital, patients receiving workers' compensation who are treated for back pain related to a herniated disk experience better results with nonsurgical treatment. Depending on the individual case, nonsurgical treatment options can include pain-relieving drugs, home exercise, and/or physical therapy.

Overall, patients tend to experience better results from surgery up to two years after treatment, but those receiving workers' compensation received "no added benefit" from surgery. Those patients who underwent surgery had pain and physical function that was similar to those who'd had nonsurgical treatments. The percentage of patients returning to work or placed on disability was similar across the board, regardless of surgery or nonsurgical treatment and regardless of workers' compensation status.

Sciatica related to herniated disks is a common reason for workers' comp claims and it can be disabling.

Source: Workers' Compensation Patients Benefit Less from Back Surgery, ClaimsJournal.com, February 3, 2010

Continue reading "Study Examines Workers' Comp Recipients & Back Surgery" »

The Boston Globe reports that a 32-year-old former TJX employee and Massachusetts resident has pleaded guilty to charges he lied under oath and schemed to falsely collect workers' compensation benefits. The man has since moved to Florida.

According to a press release from the attorney general's office, he was arraigned last May and pleaded guilty in December to two counts of workers' compensation fraud.

The defendant received a one year prison sentence along with three years probation. He was also ordered to pay nearly four thousand dollars in workers' compensation benefits he allegedly collected but not entitled to.

Source: Man sentenced for falsely collecting workers' compensation, Boston Globe, December 17, 2009

Continue reading "Former Framingham Man Pleads Guilty to Workers' Compensation Fraud" »

The state’s highest court ruled that a Peabody High School teacher is entitled to receive workers’ compensation benefits for injuries she sustained while voluntarily chaperoning a school ski trip. The teacher sought workers’ comp coverage for her medical expenses following a 2004 injury on a ski trip to Vermont. Her employer denied that request, saying her injury occurred while the teacher participated in a voluntary recreational activity.

While two administrative judges uphold the denial of benefits, the state Department of Industrial Accidents and Massachusetts’ highest court awarded the teacher her workers’ compensation benefits on appeal. The judge concluded that a teacher who acts as a volunteer chaperone to students participating in a school-sponsored activity “is acting in the course of her employment” and in her capacity as a teacher, because she was overseeing the well being of students.

The injured teacher’s attorney said his client used sick time for surgeries and physical therapy, so she filed the claim to recover sick time and any co-payments not covered by her medical insurance.

Source: Massachusetts Court Upholds Workers' Compensation for Teacher On School Trip, ClaimsJournal.com, December 15, 2009

Continue reading "Massachusetts Teacher Will Receive Workers’ Comp for Ski Trip Injury, Rules Court" »

In 1999, a church custodian was injured falling off a ladder and later received a total knee replacement in 2003. By the summer of 2004, he was laid off and could no longer work. The custodian filed a workers' compensation claim in December of that year, roughly five years after the original accident.

Massachusetts law provides a four-year window for filing workers' compensation claims, though it's recommended that workers file claims as soon as possible after their workplace injury. The custodian appealed, arguing that he was not actually "disabled" until several years after the original accident.

However, a Massachusetts Appeals Court ruled that he will not be allowed to collect benefits, because the statute of limitations had expired. A review of medical records also revealed that there was no documentation of a work-related injury.

Source: Massachusetts Court: No Workers' Comp for Custodian's 1999 Injury, ClaimsJournal.com, December 23, 2009

Continue reading " Massachusetts Rules No Workers' Compensation for Church Custodian" »

A former employee for Sears, Roebuck and Co. was injured on the job, took workers' compensation leave, and later learned that he'd been terminated when his wife's discount card was denied. That incident resulted in a lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC) in 2004.

The suit accused the company of illegally firing a disabled worker and failing to make reasonable accommodations that would have allowed the injured service technician to return to work. In response, Sears Holdings Corp. has agreed to pay $6.2 to settle the lawsuit.

The three-year consent decree requires the company to abide by the Americans with Disabilities Act (ADA), amend its workers' compensation leave policy, provide reports to the EEOC outlining its workers compensation practices, and train employees on the ADA.

Sears settles lawsuit with disabled former worker for $6.2M, Chicago Sun-Times, September 29, 2009

Continue reading "Sears Settles With Former Disabled Worker for $6.2M" »

Our Massachusetts workers' compensation attorneys have recently learned about a new website that gives the public the ability to check if a business has workers' compensation insurance. According to the Division of Industrial Accident, over $53 million has been paid out of the Workers' Compensation Trust Fund in the past decade to pay injury claims of workers who were employed by businesses that did not have workers' compensation.

The goals on the new online database are to give homeowners the ability to verify that hired contractors have workers' compensation insurance, allow medical providers to check coverage when treating an injured worker, and let general contractors check that all subcontractors are adequately insured. In addition, state and municipal officials can ensure worker's compensation compliance with licensing, permitting, and awarding public contracts. The site also helps protect employers from agent and broker fraud because they can ensure their own cover.

In addition to Massachusetts, 36 other states have similar databases.

Massachusetts Allows Public to Verify Workers' Comp Coverage, InsuranceJournal.com, September 17, 2009

Web Resource
Massachusetts Department of Industrial Accidents’ (DIA) online Proof of Coverage Verification Application

Continue reading "Massachusetts Introduces Website for Verifying Workers' Comp Coverage" »

A Roxbury man has filed a proposed class-action lawsuit against RCN Corp., claiming the broadband company misclassified him and as many as 1,000 other United States installers. According to the lawsuit filed in Boston last week, Fritz Elienberg was employed as an "independent contractor" from 2005 until he was fired in February.

Elienberg claims he and the other "independent contractors" were misclassified so that the company could deny them insurance benefits, overtime, and other benefits. He was also denied compensation to cover medical bills for an injury he sustained on the job.

The lawsuit claims that his employer violated the federal Fair Labor Standards Act and Massachusetts' independent contractor and overtime laws. RCN provides cable TV, internet, and phone services in Boston and in 16 other Massachusetts communities. Elienberg's attorney says that an increasing number of companies are misclassifying workers as independent contractors to avoid paying workers compensation, Social Security taxes, and other expenses.

Man sues RCN for ‘abuse’ of contract workers, Boston Herald, June 2, 2009

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In Suffolk Superior Court, a 39-year-old man pled guilty to workers' compensation fraud, 23 counts of unemployment fraud, and two counts of larceny over $250. Rigoberto Tellez was sentenced to two years probation and ordered to pay restitution in the amount of $14,398.

Tellez suffered injuries after he fell at work on December 10, 2005. He received workers' compensation benefits from December 2005 to May 2006, when he was cleared for light duty work following an independent medical examination (IME). His employer offered him work that met the IME's criteria, but he refused and filed an employee claim through the Department of Industrial Accidents, which ordered his employer's insurance company to pay Tellez benefits retroactively from June 2006.

At the same time, Tellez filed an Employee Earning Report stating that he was entitled to workers' compensation and did not have any other income coming in. However, he was also collecting unemployment benefits in addition to workers' compensation for part of this time.

MA Man Sentenced For Fraudulently Collecting WC Benefits, WorkersCompensation.com, April 15, 2009

Continue reading "Lawrence Man Pleads Guilty to Workers' Compensation Fraud" »

IndustryWeek recently compared workers’ compensation costs and benefits across the United States and listed Massachusetts in its top 20 states for workers’ compensation. Massachusetts was the only New England state to appear in the top 20, while several western and Midwestern states made the cut.

IndustryWeek’s rankings included the workers’ compensation premium per worker, based on the Insurance Information Institute, the average benefit payment per capita-total state workforce, among other factors.

According to Deborah Talbot, president and CEO of Health Resources Corporation in Woburn, Massachusetts, the rates, benefits, and awards vary widely according to state, a statement that was consistent with the findings of IndustryWeek’s workers' compensation analysis.

Workers' Compensation: Expenses & Awards ARE an Important Consideration for Manufacturers, IndustryWeek, December 9, 208

Continue reading "Massachusetts Among Top 20 States for Workers’ Compensation " »

The Massachusetts Appeals Court upheld a discrimination award to a man who had worked as a firefighter in Hull but says he was not allowed back to work after an injury. Donald A. Gillis injured his neck when he fell off a truck in 1985.

He was 58 when asked for his job back in 1994. Now at 72, Gillis is too old to work as a firefighter per Massachusetts state law. The mandatory retirement age for Massachusetts firefighters is 65.

In 2000, the Massachusetts Commission Against Discrimination awarded Gillis $174,318.75 in lost wages, damages for emotional distress, and legal fees. The town of Hull appealed that decision, which the appeal court upheld earlier this month. A lawyer for the town of Hull said it plans to appeal the judgment again.

Fireman who tried to keep job wins in court; town to appeal, Hull Times, September 11, 2008

Continue reading "Hull Fireman Fights for His Job Back After Injury" »

In Framingham, Massachusetts a new organization called the MetroWest Immigrant Worker Center has opened its doors on Union Avenue. The local group formed last fall and has been conducting outreach work through local churches attended by immigrants. Director Diego Low says the organization hopes to assist workers in pursuing their rights and navigating Massachusetts’ legal system.

For instance, the employer of a group of local immigrant workers denied the workers their right to workers’ compensation and another refused to pay overtime for extra hours worked. In one case, a worker was severely injured on the job but did not challenge his employer for fear of repercussions. These are the types of cases that the MetroWest Immigrant Worker Center will take on.

The Center for Immigration Studies estimates that about 5% of the United State’s workforce is in the country illegally. Despite what many people believe, illegal workers are still entitled to be paid for their work and any overtime. They are also entitled to workers’ compensation if they are injured on the job.

The MetroWest Immigrant Worker Center recently received a $40,000 grant from The Boston Foundation, which the Center hopes to use for education and advocacy work.

If you or a family member were denied workers’ compensation, then our Massachusetts workers’ compensation lawyers can help. Our team of experienced attorneys will help you navigate the legal system and ensure that you get appropriate medical treatment.

New group aims to protect immigrant workers, WickedLocal.com, July 24, 2008

Related Web Resource

Compliance Assistance: Hispanic Employers and Workers, osha.gov