Massachusetts Workers' Compensation Lawyer Blog

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

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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

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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

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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

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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

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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

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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

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