Massachusetts Workers' Compensation Lawyer Blog

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

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

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

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

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

Continue reading "Families and Victims of Drilling Accident File Lawsuit" »

Our Massachusetts workplace injury lawyers recently read an editorial written by The Enterprise about the need for greater workplace safety precautions. The article calls for stiffer penalties against employers who violate safety guidelines, because in some cases it's cheaper for employers to simply pay the fines than actually fix the problem.

While the average OSHA fine in Massachusetts is $13,300, more than half the employers who were fined last year settled their cases for less than $10,000. A third paid only $5,000.

Many of the companies with workplace deaths last year had already received citations for safety violations. For instance, a 51-year-old Stoughton man died in a forklift accident at a Taunton warehouse last August, and OSHA records show that the company was cited for three forklift violations the previous year. These incidents underscore the sad economics involved with many fatal workplace accidents.

Source: OPINION: Accidents shine light on workplace safety, The Enterprise, May 5, 2010

Continue reading "Editorial Highlights the Importance of Workplace Safety" »

The Massachusetts Coalition for Occupational Safety and Health and the Massachusetts AFL-CIO recently released work-related death statistics for last year. According to the report, Massachusetts had 62 work-related deaths last year, among them car crashes, industrial accidents, and workplace falls. The average age of death was 46.

The statistics have decreased since 2004, when Massachusetts had 81 work-related deaths, but safety advocates worry that some employers are not taking workplace hazards seriously enough. In a few cases, the employer involved in the workplace accident had already been cited by OSHA for safety violations.

Advocates say that many of these deaths could have been prevented by following safety precautions, but some of these employers find it less expensive to pay the fines than to actually correct the safety issues.

Source: Study finds 62 work-related deaths last year in Massachusetts, EnterpriseNews.com, April 28, 2010

Continue reading "Massachusetts Had 62 Work-Related Deaths Last Year" »

Last week, a construction accident claimed the life of a Georgia machinery operator. The man was operating a bob-cat at a high school construction site when he was hit and killed by the machine's boom.

According to reports, the worker was partially out of the bob-cat when it killed him. He had apparently climbed out of the front of the driver's seat to adjust the machine or remove some debris when he caused the raised shovel arm to drop, pinning him head to the steel cage. The construction accident victim was pronounced dead at the scene of the accident by the coroner.

Sheriff's deputies and investigators from the Occupational Safety and Health Administration are investigating the fatal construction accident.

Source: One Killed In Construction Accident At High School, CBSAtlanta.com, April 21, 2010

Douglas County construction worker crushed to death, Atlanta-Journal Constitution, April 21, 2010

Continue reading "Bob-Cat Construction Accident Kills Worker" »

Last week, a trench collapse killed a 56-year-old worker in Hudson, Ohio. The workplace accident also injured a 58-year-old worker who remained in serious condition at a local hospital.

Officials from the Occupational Safety and Health Administration said the 15-foot-deep trench was unsafe and lacked safety protections in the area where the two workers were digging a sewer line at the time of the collapse. According to OSHA, trenches of that depth should be protected by sloping the walls or strengthening the sides with a shield or shoring materials to prevent a collapse.

OSHA is continuing to investigate the cause of the fatal construction accident.

Source: OSHA: Hudson trench lacked basic safety protections, Vindy.com, April 9, 2010

Continue reading "OSHA Says Trench Lacked Proper Safety Measures" »

Earlier this week, at least 25 workers died in an accident at a coal mine owned by Massey Energy, the country’s fourth largest coal company and the single largest coal producer in Central Appalachia. While the company’s website boasts that it has a safety record above the industry average, the Washington Post reports that the company has a history of safety violations, including roughly 50 citations last month alone.

The United States Mine Safety and Health Administration reportedly fined the company for a laundry list of safety hazards, including failure to maintain proper escape ways, the accumulation of combustible materials, and poor ventilation of dust and methane. MSHA records show that a miner died in an electrical accident in 2003 and another died in a 2001 roof fall.

Federal records show that from 2005 through Monday, the company had amassed 1,342 safety violations with a total of $1.89 million in proposed fines. Companies are permitted to contest such violations. According to federal officials, the company has contested about a third of the violations with over a million dollars in associated penalties.

Source: Massey Energy has litany of critics, violations, Washinton Post, April 6, 2010

Continue reading "Energy Company Had Long History of Safety Issues" »

On Tuesday morning, a contractor died in a scaffolding accident. According to police, the construction accident occurred around 11am after the scaffolding collapsed, causing the man to suffer massive head and body trauma that led to his death. He was reportedly installing a fourth floor window in a residential building when he fell.

The injured contractor was pronounced dead at the scene of the accident. The local newspaper reports that another man was injured by the scaffolding collapse, but his name and condition were not released.

Construction sites present numerous hazards to workers, including on-site explosions, defective tools, fires, falling objects, crane or scaffolding accidents, and other dangers. The repercussions of these accidents can be life-altering and may lead to long-term disability or casualties.

Source: Cullman man dies in construction accident, Cullman Times, March 23, 2010

Continue reading "Scaffolding Collapse Kills Contractor " »

Last year, a firetruck crash killed a Boston firefighter when Ladder 26 lost its brakes, lurched down a hill, and hit a Mission Hill apartment building. A report released earlier this week says the driving accident was the result of improper driver training and flawed brake adjustments by firefighters who had not been trained as mechanics.

Since the fatal accident and the investigation that followed, the fire department has hired licensed mechanics to service trucks and has created a preventive maintenance program. Mayor Menino and the fire commissioner support these safety measures, and Menino had initially ordered that licensed mechanics work on trucks rather than uniformed firefighters.

However, the report from earlier this week recommends that uniformed firefighters receive training and return to servicing the firetrucks. The debate continues, as critics argue that the panel was advancing a union agenda rather than putting safety first.

Source: Firetruck brakes faulted for crash, Boston Globe, March 9, 2010

Continue reading "Boston Firetruck Crash Attributed to Faulty Brakes " »

Our Massachusetts wrongful death lawyers have learned that a construction worker died on Friday afternoon when the walls of a 6-foot-deep trench collapsed and pushed him into the sewer main, killing him instantly.

The 25-year-old was working to install a storm sewer line roughly 10 feet underground when the construction accident occurred in the town of Alamo, Texas. Reports say there were four other construction workers nearby at the time.

Investigators from the Occupational Safety and Health Administration will examine the site of the construction accident to determine if any safety mandates were violated.

Source: Man dies in Alamo construction accident, The Monitor, March 5, 2010

Continue reading "Cave in Accident Kills Construction Worker" »

The Boston Globe reports that a construction worker was pronounced dead yesterday at the scene of an accident on Route 3 in Chelmsford. A driver hit two men at a cleanup site along the northbound lanes. The workmen were part of a crew cleaning up a fuel spill that occurred last week.

In addition to one fatality, another worker was seriously injured and the driver suffered serious injuries in the auto accident. The worker was taken by medical helicopter to Beth Israel Deaconess Medical Center in Boston, and the driver was transported to Lahey Clinic in Burlington. In order for the medical helicopter to land, authorities closed the road in both directions. They reopened the southbound lanes at 11:15am.

The names of the car accident victims were not released by Massachusetts police.

Source: One killed in crash on Route 3 in Chelmsford, Boston Globe, December 1, 2009

Continue reading "Construction Worker Killed in Chelmsford Car Accident" »

Last Tuesday morning, an accident involving a gravel truck killed a 54-year-old construction worker. Police say the worker died at the scene of the construction accident after the gravel truck accidentally drove over him.

Authorities are continuing to investigate the fatal accident.

In addition to motor vehicle accidents, construction workers face a number of other hazards on the job, including crane collapses, welding accidents, on-site explosions, fires, defective construction tools, and electrical shock. These types of accidents can result in serious injuries such as brain damage, spinal cord injuries, internal injuries, and severed limbs.

Sources: Fatal accident at Enbridge oil site north of Crookston: Driver, victim identified, Crookston Daily News, November 25, 2009

One killed in construction accident north of Crookston, Osakis Review, November 25, 2009

Continue reading "Gravel Travel Accident Kills Construction Worker " »

The United States Bureau of Labor Statistics reported that New England recorded fewer work-related deaths last year. They attribute this trend partly to the recession. Final statistics will be released in April, but preliminary data for Massachusetts, Connecticut, Rhode Island, Maine, Vermont, and New Hampshire showed only 136 workplace deaths in 2008, as opposed to 163 in 2007.

In Massachusetts, 61 workers died last year compared to 75 the previous year. Forty-five of those workplace fatalities were white, non-Hispanics. Thirty percent of those deaths were transportation accidents. Falls were the cause of death behind fifteen of those fatalities and ten workers died as a result of exposure to harmful substances or environment. Eight workers died as a result of violent assaults or self-inflicted injuries.

The majority of workers killed in New England last year were men between the ages of 25 and 64. For the purposes of this report, workers must have been engaged in a legal work activity or present as a requirement of this job. The report does not include deaths that occur while commuting.

Source: Feds Report Fewer Workplace Deaths in New England, InsuranceJournal.com, November 23, 2009

Continue reading "Report Shows Massachusetts Workplace Deaths Declining " »

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

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

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

The combined proposed penalties total $66,800.

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

Continue reading "OSHA Cites New Bedford Company After Fatal Machinery Accident" »

On Saturday night, an accident at the construction site of a soon-to-be Texas Roadhouse killed a subcontractor. The man was working as part of the painting crew when the construction site accident occurred around 5:30pm. Authorities believe the worker fell. When rescue crews arrived at the scene of the accident, they found the unconscious worker lying at the bottom of an interior staircase.

Firefighters performed CPR on the worker as they transported him the hospital. He was pronounced dead at the hospital. Police have not released the name of the worker pending notification of his family.

The Occupational Safety and Health Administration plans to investigate the fatal construction accident.

Construction Worker Dies At Texas Roadhouse Site, WDIO.com, November 2, 2009

Death at Texas Roadhouse construction site, Fox21online.com, November 2, 2009

Continue reading "Worker Dies After Falling at Construction Site" »

On Sunday evening, a construction worker was killed on Interstate 215 in Utah. Troopers say the worker was walking in a construction zone when a truck drifted into a barreled off construction area and hit the worker. According to police, the truck was traveling at more than 40 miles per hour when it hit and killed the worker from behind.

The truck continued south after hitting the 20-year-old construction worker and police have not located the driver or the vehicle, which they describe as a blue and white pickup. Troopers say the truck may have significant damage from the accident.

Following the construction accident, traffic was backed up for several hours Sunday evening.

Construction worker killed in hit-and-run accident, ABC4.com, October 26, 2009

Construction worker killed in hit-and-run on I-215, The Salt Lake Tribune, October 26, 2009

Continue reading "Hit-And-Run Accident Kills Construction Worker " »

Earlier this month, a Waste Management worker was killed in a garbage truck accident at Boston's Fenway Park. The workplace accident was reported at around 8:35am on the morning of September 4. Fire, police, and emergency medical services personnel reportedly responded to the call.

Emergency medical personnel found the truck accident victim near a loading dock staircase at Fenway Park. According to a report, the victim suffered severe injuries from being crushed. He also suffered from cardiac arrest and was taken to Beth Israel Deaconess Medical Center, where he was pronounced dead.

The fatal accident was being investigated by police and the Occupational Safety and Health Administration.

Man killed in garbage truck accident at Fenway Park, Boston Globe, September 4, 2009

Continue reading "Truck Accident at Fenway Park Kills Boston Worker" »

Our Massachusetts workplace accident lawyers recently read about a string of workplace fatalities in late August and early September. In the course of one week, there were three workplace deaths in Massachusetts. The first fatality involved a 34-year-old police officer who died in Weymouth while directing traffic at a utility site.

A few days later on August 31, an Attleboro water department employee died after being hit by a van while he was repairing a break in the water main. A few hours after that, a 51-year-old worker fell from a forklift and hit his head at a Super-Dog Pet Food Co. warehouse in Taunton. That warehouse accident marked the third workplace fatality in a week.

Authorities noted that one year ago, Super-Dog Pet Food Co. received eight safety violations from OSHA. Three of those were for violations of powered industrial trucks (forklifts). They also received a violation for failing to ensure that every operator had successfully completed the operator safety training.

In One Week, Three Workplace Deaths in Massachusetts, EHSToday.com, September 3, 2009

Continue reading "Three Massachusetts Workplace Deaths in One Week" »

Last week, a Massachusetts man sustained fatal injuries in an electrical accident while working on renovations to a supermarket in Stow. Police have not released the name of the 33-year-old electrical subcontractor, who is from Athol. He was not an employee of Shaw's Supermarket, which is based in West Bridgewater.

Police and fire departments were called to the scene of the construction accident at 2:50pm on Tuesday, September 1. The accident victim was taken to Emerson Hospital, where he was later pronounced dead.

According to a spokesperson, Shaw's is working with authorities and conducting an internal investigation of the construction accident. The federal Occupational Safety and Health Administration is also investigating to see if there any safety violations.

Accident kills worker at Stow supermarket construction site, WickedLocal.com, September 8, 2009

Continue reading "Stow Electrical Accident Kills Worker" »

Last Monday, a police officer from Weymouth, Massachusetts was hit and killed by a pick-up truck while he worked a construction detail. The 34-year-old husband and father of three served in Iraq before returning to his hometown and joining the police force.

Hundreds of people gathered at Saint Francis Xavier Church in Weymouth to mourn the loss of the fallen police officer. Rows of police officers mourned their colleague who died of injuries sustained on the job. Following the mass, Officer Davy was buried at Fairmont Cemetery.

The 79-year-old driver who reportedly caused the car accident after running a stop sign has been cited for motor vehicle homicide.

Mourners pay respects to Officer Davey, NECN.com, August 29, 2009

Continue reading "Weymouth Officer Hit and Killed While on Construction Detail " »

As of Thursday, two of the workers who survived a construction accident last week were still in the hospital. Jessis Dominguez was listed in fair condition, and Maria Lima was listed in serious condition and was still in the intensive care unit.

The workers were building a steel bridge pylon frame at the state Route 75 bridge replacement project last Wednesday when the structure broke, plunging three construction workers in the South Fork of the Holston River. The other worker, Frangel Garcia, died at the scene of the accident. Rescue divers discovered his body near the collapsed column roughly an hour after the incident. The company's compliance officer said all three were using safety equipment.

According to the findings from an initial investigation, the steel frame collapsed after a cable snapped. The Tennessee Department of Transportation and the Tennessee Occupational Safety and Health Administration are investigating the fatal accident.

Construction Accident Survivors Remain Hospitalized, TriCities.com, August 24, 2009

Continue reading "Bridge Collapse Kills One Worker, Injures Two Others" »

On Tuesday, a construction worker died after the front-end loader he was driving fell seven stories. Carlos Maryorga, 35, was pinned inside the Bobcat and rescue crews had to extricate him.

The construction accident occurred at a construction work site on Chicago's Near South Side around 9:40am. The work was part of a $3.1 million demolition project, which was scheduled to be completed in December. The construction accident victim was taken to a local hospital, where he was pronounced dead at 10:08am.

Police and detectives are investigating the fatal construction accident but not as a criminal case.

Construction worker killed in seven-story fall on Near South Side, Chicago Sun-Times, August 18, 2009

Man Dies After Construction Accident, CBS2Chicago.com, August 18, 2009

Continue reading "Construction Worker Dies After Falling Seven Stories " »

Last week, two brothers, ages 8 and 12, accompanied their father to work at a pool construction site. They climbed into the bed of a sand truck, and the older brother was tragically buried alive underneath a sand pile. The 8-year-old was half buried and holding on trying to keep himself from being sucked down.

Workers discovered the construction accident when they noticed the hose which pumps the sand mixture was clogged. Once they found the brothers, they grabbed shovels and began digging them out. The construction accident victims were transported to Cook Children's Medical Center in Forth Worth, Texas, where the 12-year-old accident victim died.

The 8-year-old suffered a broke leg and is recovering. According to the sheriff, the father will not face any charges for his sons to a dangerous worksite.

12-Year-Old Killed In Azle Construction Accident, CBS11tv.com, July 24, 2009

Continue reading "Construction Accident Kills Child, Injures Brother " »

Last Thursday, eight workers were injured when Madonna's stage collapsed in Marseille. Five of the injuries were serious. Two more workers were killed while constructing the stage for an upcoming Madonna concert. The concert was scheduled for Sunday, but it was cancelled after the construction accident.

A French worker, 52-year-old Charles Criscenzo, was killed when the roof of the stage collapsed. A 23-year-old British worker, Charles Prow, died on Friday after sustaining injuries in the accident. Madonna visited the family of one of the workers who was killed and visited the other injured workers in the hospital.

Madonna also issued a statement saying, "My prayers go out to those who were injured and their families along with my deepest sympathy to all those affected by this heartbreaking news."

The cause of the roof collapse is unknown, but authorities have launched a criminal investigation into the two deaths.

Madonna visits injured in stage collapse, CBSNews.ca, July 20, 2009

Continue reading "Two Workers Killed Constructing Stage for Madonna Concert" »

The parents of a worker who died in a construction site accident on I-495 in Lawrence, Massachusetts are campaigning for rules to improve workplace safety and prevent future accidents. The mother of Robert Augeri says that her son's death could have been prevented if the truck that ran him over had been outfitted with rear motion sensors and other safety devices.

The proposed law, called Rob's Law, would require trucks to have those and other safety device like day/night rearview cameras. Augeri is hoping to persuade lawmakers to pass the law in Massachusetts and New Hampshire. Eventually, the goal is to make it a federal mandate.

After the fatal construction site accident, OSHA cited two of the companies involved in the accident. Lewis Maynard Trucking, which was the subcontractor who employed the man the driving the truck, was cited for failing to start and maintain an effective safety program. Brox Industries, which employed Augeri, was cited for failing to ensure that its safety program dealt with directing traffic in areas where workers were on foot and for failing to make sure employees were properly trained.

Parents of I-495 victim seek tougher workplace safety rules, The Eagle-Tribune, June 3, 2009

Continue reading "Parents of Construction Accident Victim Seek Stricter Rules on Work Safety" »

Although the US Attorney's Office dropped all 10 charges relating to the 2006 accident that killed a Jamaica Plain woman as she drove through the Big Dig construction project, Modern Continental Corp., the largest Big Dig contractor, still faces 39 federal charges of overbilling and construction defects on the project. The contractor pleaded guilty last week, and its lawyers added that the ceiling collapse was the result of another company supplying the wrong epoxy for ceiling panels.

In December, the epoxy vendor agreed to pay $16 million to Massachusetts and Boston to resolve the criminal charges. According to the Boston Globe, prosecutors were not available for comment.

Modern Continental faces criminal fines up to a half million dollars on each of the 39 counts; however, lawyers noted that the company sought the shelter of the US Bankruptcy Court three days after the criminal charges were filed last summer because they do not have the money to pay the fines.

Big Dig contractor Modern Continental pleads guilty, Boston Globe, May 8, 2009

Continue reading "Big Dig Contractor Pleads Guilty to 39 Charges" »

One year after a tanker truck exploded on I-91 at the Chicopee Curve, killing the truck’s driver, the environmental clean-up of the truck accident is ending.

The Massachusetts Department of Environmental Protection oversaw the clean-up project, and their primary concern was preventing groundwater contamination and runoff from the thousands of gallons of gasoline that spilled from the exploding tank. Crews spent nearly a year working down the side of a highway bridge and removing contaminated soil from the site.

In addition to cleaning up debris and contaminated soil following the fatal truck accident, crews are also working to improve interstate 91 and prevent future accidents. The construction project includes replacing the guard rails at the Chicopee curve and repaving the road.

Environmental cleanup from tanker crash, WWLP.com, March 30, 2009

I-91 tanker crash, a year later, WWLP.com, March 27, 2009

Continue reading "Cleanup Crews Finish Work After Massachusetts Tanker Truck Explosion" »

Last September, a demolition worker died at the site of a Walmart in Walpole, Massachusetts. Originally from Brazil, the 47-year-old worker was killed around 1am when the lights went out and the worker touched a live wire.

The United States Occupational Safety and Health Administration has cited and fined the worker’s employer for seven serious violations. According to OSHA, the company failed to implement an accident prevention program that included regular inspections by a competent person. It also failed to educate its worker about potentially unsafe conditions.

The electrical company has also been cited for six serious violations of the OSH Act. According to the citations, the company allowed workers to work near electric power circuits but did not ensure the power circuits were properly deenergized and grounded. Fines for both companies total more than $15,000.

The executive director of the Massachusetts Coalition for Occupational Safety and Health said of the incident, “any company that employs workers in demolition work in the middle of the night with a comprehensive safety plan is asking for an accident.”

Walmart subcontractor fined $15,000 following Somerville worker's death, WickedLocal.com, March 10, 2009

Continue reading "OSHA Fines Subcontractor After Somerville Worker Dies" »

Following the death of a construction worker from Hidalgo, Mexico, an estimated three dozen people attended a vigil in front of the site of the construction accident to raise awareness about safety on-the-job. The worker was killed in January when a section of a concrete wall fell on him. An inspection revealed that the wall lacked metal supporting bars and proper footings, so all existing construction on the site was ordered to be demolished.

The wall collapse was one of three work-related deaths to occur in the area in recent months. In December, a sanitation worker was killed after a garbage truck backed into him, and in November, a seasonal worker at Wal-Mart was trampled by a crowd of shoppers on Black Friday.

The Immigrant Worker Occupational Health and Safety Committee of the Workplace Project and the New York Committee for Occupational Safety and Health sponsored the vigil to highlight the need for greater attention to workplace safety.

"Unless every worker can work safely, then no worker can work safely," Suffolk Legislature deputy presiding officer Vivian Viloria-Fisher said. "We have to be concerned that everyone who goes out to do a day's work, who also is a human being, is protected."

Federal officials from OSHA are investigating the January construction accident along with the Suffolk District Attorney’s office.

Vigil held for builder killed at construction site, Newsday.com, February 9, 2009

Continue reading "Construction Worker’s Death Raises Concerns Over Safety On-the-Job" »

A Massachusetts man stationed in Iraq died recently after someone in his unit backed over him with a forklift. Army officials told the family of Sergeant Kyle Harrington that the forklift accident was under investigation and that his death was “training duty-related” and “non-hostile.” The 24-year old Swansea native was on his second tour of duty in Iraq and was assigned to repair Humvees and other vehicles.

When dealing with forklifts and other heavy equipment, it’s important to follow proper safety precautions to avoid death or serious injury. Accidents involving a forklift, scaffolding, welding equipment, on-site explosions, or other hazards can often result in permanent physical, emotional, and psychological damage to the victim. The impact of an accident can also take its toll on the family of the injured worker, who often must support the victim emotionally and financially after a serious accident.

Swansea soldier on duty in Iraq killed in accident, Providence Journal, January 26, 2009

Local soldier dies in forklift incident, WPRI.com, January 25, 2009

Continue reading "Swansea Man Killed in Forklift Accident " »

On Friday, a Boston construction worker was killed at a construction site in the Financial District. The worker, a 31-year-old male, was struck by a brick about 2 feet in size and died at the scene of the construction accident.

According to a spokesman for the Boston Fire Department, firefighters were called to the construction site at 270 Congress Street around 10:08am. Responders tried unsuccessfully to resuscitate the injured worker, who witnesses say was doing excavation work about 10 feet below the surface.

The construction project was 31-story office tower under development by Boston Properties and Moriarty Construction. Workers are also renovating the Tufts Graphic Art building, which is adjacent to the office tower. The construction accident is under investigation.

Construction worker killed in job site accident, Boston Herald, January 23, 2009

Construction worker killed in downtown Boston accident, Bosotn Globe, January 23, 2009

Continue reading "Boston Construction Accident Kills Worker" »

Earlier this year, Robert Augeri, 31, was killed by a Mack truck while working on a highway paving project on Interstate 495 in Lawrence, Massachusetts. Two companies involved with the fatal highway accident were cited for safety violations by OSHA.

Augeri’s employer, Brox Industries, of Dracut, was cited on October 30 for failure to make sure that its safety program covered directing traffic in areas where workers were on foot and failure to properly train employees. In November, Brox agreed to correct its violations, and OSHA reduced the fine from $15,000 to $10,000.

On November 7, OSHA cited Lewis Maynard Trucking, of Methuen, for a failure to start and maintain an effective safety program. The companies agreed to correct its violation on December 3 and will pay a reduced fine of $900.

Continue reading "Massachusetts Companies Reach Settlement Regarding Highway Worker’s Death" »

Investigators from the Occupational Safety and Health Administration are examining the cause of a construction accident that claimed the life of a 21-year old construction worker. The worker was killed when a concrete pipe rolled onto him in the ditch where he was working to put in a storm drain system for a new housing division.

A representative from the local fire department said the pipe had to be lifted off the worker with heavy equipment. The pipe reportedly measured 8 feet long with a diameter of 30 inches. The construction accident victim was taken the hospital, where he was pronounced dead.

Authorities have confirmed that the worker was not under the influence of drugs or alcohol at the time of the construction accident. The reason for the pipe’s movement is unknown.

Coroner: Man killed at job site not intoxicated, Denver Post, November 13, 2008

Grand Junction man dead in construction accident, KXRM.com, November 13, 2008

Continue reading "Construction Accident Claims Worker’s Life " »

Last week a construction accident killed one worker and injured another. Police said that the two workers were putting a roof on a home around 11am when the accident occurred. The placed an aluminum ladder against the house, and the ladder struck something electrically charged.

By the time police arrived at the scene of the construction accident, the victim had already died. Police would not release his name until they had notified next of kin. The injured worker was transported to Fairmont General Hospital for treatment.

The construction accident is still under investigation by engineers from Allegheny Energy and officers from the Fairmont Police Department.

One man killed, another injured in construction accident, TradingMarkets.com, November 5, 2008

Continue reading "Construction Accident Kills One, Injuries One" »

Last week, investigators identified the victim of a fatal construction accident in Clifton Park, New York. The accident victim was Brett Peck, 20, of Lennox, Massachusetts. Peck was installing a drainage pipe behind a home last Monday when the walls of a ditch collapsed, burying him alive.

Peck’s coworker, who had stepped from the work site for a moment, returned and discovered the drainage ditch accident. The Massachusetts construction worker was already dead by the time rescuers uncovered his head and shoulders. Unstable soil made it difficult for emergency crews to remove the victim’s body, but they were successful after several hours.

Federal safety regulations require construction workers to use a trench box to prevent a collapse. Representatives from the US Occupation Safety and Health Administration are investigating the construction accident to determine if these safety requirements were followed.

Worker killed when ditch collapses at NY job site, Associated Press, October 21, 2008

Worker killed in construction accident identified, CapitalNews9.com, October 21, 2008

Continue reading "Lennox Worker Identified in Construction Accident" »

In Waltham, Massachusetts at the campus of pharmaceutical company AstraZeneca, a hydraulic lift fell and killed a construction worker. The construction site accident seriously injured another worker, who was taken to Beth Israel Deaconess Medical Center.

Waltham police said the hydraulic lift accident occurred just after 11am on October 10, when the lift collapsed, plunging the men about 30 feet. Peter Marchese, 40, died at the scene of the job site accident. The other injured worker will not been identified until police notify the 30-year-old’s family.

According to a joint statement released by AstraZeneca and Bovis Lend Lease, a project management and construction company at the job site, the two men were working on the expansion of a research and design facility, which was scheduled for completion in 2009. The workers were employed by Lymo Construction Co. in Merrimack and had been installing metal plates on the side of the building when the construction accident occurred.

The Occupational Safety and Health Administration is leading an investigation with assistance from the Massachusetts State Police, the Waltham Police Department, and the Middlesex County District Attorney’s Office.

1 killed, 1 hurt in accident at job site, Boston Globe, October 11, 2008

Nashua man killed in construction accident, The Union Leader, October 11, 2008

Continue reading "Worker Killed at Waltham Job Site" »

The Boston Globe reported yesterday that the family of the Jamaica Plain woman crushed in the 2006 Big Dig ceiling collapse will receive over $28 million. Milena Del Valle was killed while driving down Interstate 90 with her husband on July 10, 200. Concrete panels weighing 26 tons fell from the ceiling of the connector tunnel and crushed the 38-year-old mother to death.

Investigations of the construction site accident revealed that it was the result of several failures, which some authorizes are calling deliberate negligence. The National Transportation Safety Board criticized the epoxy vendor, the firm which designed the tunnel’s ceiling, the company which installed the bolts, and the construction company for not taking steps to prevent the ceiling collapse.

Within two months of their mother’s death, the family had filed wrongful death suits in against 18 defendants in Suffolk Superior Court. Yesterday’s agreement with the last and largest of those defendants will bring the lawsuit to a close.

According to the family’s lawyers, Denner & Pellegrino, LLP, the Del Valle family accepted a settlement totaling $18.1 million from the Massachusetts Turnpike Authority, the construction contractor, the project manager, and six other companies associated with the Big Dig. Previously, they had settled with two other defendants for $10 million.

Family gets $28M in Big Dig settlement, Boston Globe, September 30, 2008

In Walpole, Massachusetts, a construction worker died after being electrocuted. Romulo Santoes, 47, was doing overnight construction work on a Wal-Mart when he was electrocuted while trying to re-attach electrical wires. The wires had been severed by a construction crew doing demolition work.

Santos was taken to Norwood Hospital where he was pronounced dead. He is a native of Brazil, and police are working to notify his family in Brazil, according to The Boston Globe.

This construction accident is currently under investigation. Experts say that this death could have been prevented had the construction company taken the right precautions.

The Massachusetts Coalition for Occupational Safety and Health has released a statement saying that swift action is required to ensure the safety of other construction workers on the job. According to OccupationalHazards.com, 20 building trades’ workers died on the job in Massachusetts last year and nearly half of those were immigrant workers. Between 1999 and 2007, 15 Brazilian-born workers died while at work in Massachusetts, eight from construction accidents.

Electrical Worker Death Could Have Been Prevented, Experts Say, OccupationalHazards.com, September 11, 2008

Man electrocuted while renovating Walpole Wal-Mart, Boston Globe, September 9, 2008

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On Friday morning around 9 am, four constructions workers died after a drainage trench they were working in collapsed. The four men were digging the trench when it collapsed on top of them. The construction accident occurred on state Highway 12 near the town of Verdal, Nebraska, which is 155 miles Northwest of Omaha.

Police have identified the four victims as 61-year-old Gary Forsh, 43-year-old Brad Kelly, 24-year-old Travis Lunn, and 35-year-old David Peterson.

According to the Bureau of Labor, more than five thousand construction workers were killed in construction accidents in 2006, while many other workers suffered serious injuries. This type of work environment is particularly hazardous because of threats from a number of different sources: defective tools, fires, explosives, crane collapses, and other dangers.

Neb. sheriff: 4 dead in construction accident, Associated Press, September 13, 2008

Four Killed In Construction Accident, WOWT.com, September 12, 2008

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A construction worker who had been pinned in a trench at a construction project last week was pronounced dead. Steven Dale Slee, 28, died from injuries to his trunk and the medical examiner’s office has pronounced the incident an accident.

Slee was taken to the hospital after 7,000 pounds of compacted dirt fell on him. After a slab of compacted fill broke, the dirt fell from the side of the trench. A second construction worker escaped from the trench with non-life threatening injuries.

The construction accident is under investigation with the state Department of Labor and Industries.

Construction worker dies from burial injuries, Seattle PI, September 6, 2008

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Do the parents of a murdered high school student have the right to file a wrongful death suit against their son’s part time employer when their son was killed during a shift? That’s the question that the Supreme Judicial Court is slated to examine on September 3.

In Saab, et al. v. CVS Pharmacy, the court will decide if a lower court judge made the proper decision that the exclusivity provision of the Workers’ Compensation Act prevents the Superior Court from accepting subject matter jurisdiction.

Christian Ribeiro Giambrone, a senior at Boston Latin Academy, was working part time at a CVS Pharmacy in Boston’s Longwood medical area. In February, 2004, Giambrone and the store manager confronted a thief outside the store. Giambrone bled to death after being stabbed in the neck. His killer was convicted of first-degree murder and sentenced to life in prison.

CVS paid the victim’s funeral bills, and in February, 2007, the family filed a wrongful death lawsuit in Suffolk Superior Court. CVS moved to dismiss the lawsuit, claiming that the workers’ compensation exclusivity clause mandates that all claims be brought before the Board of Industrial Accidents.

Court to weigh right of parents to sue employer, MassLawyersWeekly.com, August 25, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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One worker was killed and another injured in a recent crane collapse in Oklahoma City. The Occupational Safety and Health Administration (OSHA) and the coroner’s office are investigating the July 23 accident and say it could take over a month to determine the cause.

Meanwhile, the family of 33-year-old ironworker Joshua Dawe has filed a wrongful death lawsuit again Johnston Contractors, Inc. Dawe was in the basket of an aerial lift when the crane’s boom collapsed onto the baset, killing his instantly. His family is seeking over $50,000 in damages. John Contractors, Inc. was in charge of coordinating and inspecting work at the construction site, but the company claimed it does not own, operate, or maintain the crane or aerial lift.

Attorneys for Dawe’s estate had until yesterday to inspect the site of the accident. The Country Associate Judge has issued an order preventing OSHA from altering or repairing the crane and a 4-foot boom cable. However, work may continue in other areas of the construction project.

In Massachusetts, the deceased person’s estate has three from year from the time of death or from the time that wrongful death is discovered to file a lawsuit. If you believe your relative has died as the result of someone’s carelessness or negligence, then our Boston wrongful death attorneys can help. We will interview witnesses and liable parties to gather evidence and examine the circumstances surrounding your family member’s death. You pay noting until we recover your compensation.

Worker's family files wrongful death lawsuit over crane collapse, Pantagraph.com, August 1, 2008

Investigation, construction continue after deadly crane collapse, TMCNet.com, July 24, 2008

Health researchers in Massachusetts and New Jersey discovered that Latinos have the highest rate of death from on-the-job injuries, according to a study published in the CDC Morbidity and Mortality Report on June 5. A third of those deaths occurred in the construction industry. In recent years, the most common causes of death for workers were falls and highway-related accidents.

One possible explanation for this discrepancy is that Latinos tend to work in high-risk industries as compared to other ethnic groups. However, language barriers and lack of training or supervision may also play a role.

The researchers calculated that the the annual death rate for Latino workers in 2006 was 5 per 100,000. That number was evening higher for Latino immigrants: 6 per 100,000 Caucasian workers had a rate of 4 per 100,000 and for African-Americans, that number was 3.7.

The influx of Latino workers is driven by both a desire for inexpensive labor and poor working conditions in immigrant’s home countries. Undocumented workers are often the most susceptible to potentially fatal injuries, because they fail to report safety violations or injuries that seem “routine.” Even those Latinos working outside of the construction industry may be vulnerable. Slipping on a greasy floor at restaurant or slicing out a finger at a deli may go unreported because of immigration concerns.

If you or someone you know has suffered an injury or death on the job, then contact our Boston workers’ compensation lawyers. Our team of experienced lawyers can ensure that you get the medical treatment you need and workers’ compensation are you owed.

Latinos suffer higher rate of job-related deaths, Los Angeles Times, June 6, 2008

Latino workers die on the job at higher rates than others, People’s Weekly World, June 17, 2008

Related Web Resource
Compliance Assistance: Hispanic Employers and Workers, osha.gov