Articles Posted in Construction Accidents

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Data provided by the Occupational Safety and Health Administration (OSHA) reveals that, of the 4,693 worker deaths in 2016, more than 20 percent (991 workers) occurred in the construction industry. The top four causes of construction worker deaths – dubbed the fatal four – were falls, being struck by an object, electrocutions and getting “caught in” or crushed by equipment. The fatal four accounted for 63.7 percent of the fatal accidents. The exact breakdown is as follows:

  • Falls – 384 fatalities
  • Struck by an object – 93 fatalities
  • Electrocutions – 82 fatalities
  • Caught in or between objects – 72 fatalities

The above data is proof that construction sites are one of the most dangerous workplaces in the United States today. Due to heavy equipment, electrical work, temporary structures and extreme heights, serious injuries and deaths are shockingly common in this industry.

It is the employer’s duty to take the necessary steps to eliminate hazards in the workplace that could cause serious injury and death. When employers fail to do so, and a worker is injured or killed, the employer may be liable. Although workers’ compensation often provides benefits for work-related injuries, you may be entitled to additional compensation if the employer was negligent?

Was My Employer Negligent?

The help of an experienced MA work injury lawyer is essential when determining whether employer negligence was a factor. Some common indicators of negligence at construction sites include:

  • Falls due to unstable, slippery or cluttered walkways or platforms;
  • Lack of protection around platform edges;
  • Unprotected holes in the floor and walls;
  • Improperly positioned ladders;
  • Inadequate fall protection equipment and training;
  • Trench collapse due to lack of, or improper, safety guards;
  • Lack of proper supervision;
  • Poor equipment maintenance; and
  • Overall lack of training.

Filing a Lawsuit

If you are injured in a work-related construction accident, an experienced Boston work injury lawyer can help you determine how to proceed. If you lost a loved one in a work-related construction accident, you may wish to file a wrongful death lawsuit. In order to bring a successful wrongful death suit, you should be able to show that:

  • Your loved one died as a result of the employer’s negligence;
  • You have suffered losses due to your loved one’s death; and
  • If your loved one had lived, he or she could have recovered damages for pain and suffering from the defendant.

Losses may include, but are not limited to:

  • financial support;
  • love;
  • emotional support;
  • consortium between spouses; and
  • quality of life.

If you are concerned that your workplace is unsafe, speak to a supervisor immediately. If your supervisor is unable, or unwilling, to address your concerns, you can always report the problem to OSHA, the agency tasked with establishing – and enforcing – workplace safety guidelines. Employers that violate OSHA guidelines will be required to remedy the situation within a specified time period and may face fines for the violation. Continue reading

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When workers are injured or become ill on the job, they may be eligible for workers’ compensation benefits. These benefits are paid out of an insurance policy held by the employer which protects both employer and employee. The employee is generally entitled to receive compensation for medical expenses and a portion of lost wages in exchange for agreeing not to sue the employer. Lost wages can be financially devastating for a family; the benefits provided by workers’ comp can be a life saver.

Fortunately, workers’ comp covers most work-related illnesses and injuries. Unfortunately, workers’ comp claims can be lengthy and complicated, and even a minor error can result in delayed or reduced benefits. Two of the most confusing aspects of workers’ comp are the waiting period and retroactive period. The information below will help you understand these two requirements, and how they may impact your claim. A MA workers’ comp lawyer can help you protect your rights if you’ve been injured in a work-related accident.

Waiting Period

The waiting period refers to the number of days the injured worker must miss work before he or she may begin to receive indemnity payments. Although the waiting period may seem unfair to a newly-injured worker, there are two important reasons for its existence. For one, waiting periods are intended to prevent workers with minor injuries from filing frivolous claims. Knowing that she is going to lose wages for at least the duration of the waiting period, an employee with a minor injury will be less likely to file a claim, knowing that the loss would almost certainly outweigh the gain.

In MA, the waiting period is five days. If you are injured and miss five or less days of work, you will receive no benefits. If you are injured and miss more than five days of work, you will receive benefits for the days that exceed the waiting period. In some cases, employers will allow injured workers to use sick or vacation days to cover the days missed during the waiting period.

Retroactive Period

If the injured worker fulfills the requirements of the retroactive period, he or she will receive benefits for work days they missed during the waiting period. In MA, the retroactive period is 21 days.

Consider Laurie’s case. Laurie injures her back in a work-related accident and is temporarily unable to work. In all, Laurie misses 38 days of work. For the first five days, Laurie receives no pay due to the waiting period requirement. On the sixth day, Laurie begins receiving indemnity payments. On the 21st day, Laurie satisfies the retroactive period requirement, and thus, receives payment for the first five days of missed work.

If, on the other hand, Laurie had returned to work after only 20 days (before the 21-day retroactive period), she would not have received compensation for the first five days of work she missed. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job. Continue reading

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It’s cold outside. Really cold. For those who have to work outside in the elements, the cold can be more than just a nuisance. It can be deadly. Winter 2018 is expected to be one of the coldest in years. Even so, some people have no choice but to brave the elements. Many construction workers, for example, work outside year round, even during New England’s harshest winters.

Tips for Keeping Construction Employees and Contractors Safe When it’s Cold

If your employees work outside for extended periods during winter months, what can you do to protect their health and safety, and reduce your liability? The tips below can help.

 

  • When temperatures are extreme, limit outside work schedules so that workers are in the elements for shorter periods of time. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

 

  • Require workers to wear proper gear at all times. If they don’t have their own gear, supply it. Every worker should be equipped with a heavy coat, boots, gloves, and a hat. Gear should be water resistant, and shoes should have nonslip soles to prevent slipping on snow or ice.

 

  • Watch weather forecasts. If a blizzard is on the horizon, working outside could be dangerous. Even driving to and from the job site could put workers at unnecessary risk. If heavy snowfall and ice are in the forecast, consider taking the day off.

 

  • Ensure that workers have access to a warm area for breaks. When the weather outside is frightful, workers need a place to escape from the elements and warm themselves. A heated trailer or tent can do the trick.

 

  • Tell workers to limit their coffee intake. Although a cup of hot coffee might seem like the perfect winter warmer, caffeine can increase the heart rate, making someone feel warmer than they actually are. That being said, fluids are important when it’s cold outside. Workers should drink plenty of water throughout the day.

 

  • Inspect the work site before work begins, every Snow and ice accumulation and downed power lines can occur during the night, and pose serious risks to workers. Before work begins each morning, make sure that no hazards developed during the night.

 

  • Address any hazards. If snow and ice accumulated during the night, it should be removed or addressed before work begins. If it cannot be removed, sand or kitty litter should be put down to increase traction. A MA work injury lawyer can help you recover damages if you’ve been injured at work.

 

  • Work vehicles should be inspected at the start of the winter season. Ensure that each vehicle is in proper working order and that it is equipped with an emergency kit, including ice scraper, shovel, flashlight, emergency flares, tow chain, a blanket, sand or kitty litter, water, and snacks.

 

  • Train workers on what to do if they are involved in a motor vehicle accident or become stranded, both of which present added consequences during extreme weather.

 

  • Ensure that workers are trained on first aid, and how to recognize signs of hypothermia and frostbite.

Continue reading

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Serious construction accidents have been on the rise in recent years, especially in high-population areas, such as Boston, New York, and New Jersey. In response, safety advocates are pushing for increased training requirements for workers in the construction industry. New York City Mayor Bill de Blasio has announced his plan to implement additional construction worker training requirements, but the real estate industry has concerns. Why?

If de Blasio and New York union leaders achieve their goal and increase training requirements for the construction industry, workers will need to receive dozens of hours of additional training, which translates to higher real estate costs and less time to complete construction jobs. Politico reports that, “In response to a recent uptick in injuries and deaths, City Hall is proposing a requirement that all workers be trained between 54 and 71 hours.” And the extra training doesn’t stop there.

The “proposal would require an extra 30 hours of training for supervisors, and certain workers would have to undergo additional ‘task specific training,’ such as working in confined spaces and with scaffolding.” Extra training couldn’t be anything but positive for the safety and well-being of construction workers and the general public, but it’s evident why the real estate industry is concerned. Before the proposed deal is approved, however, it requires City Council approval. A MA work injury lawyer can help you determine how to proceed if you or a loved one has been injured in a work-related accident.

Construction Safety

It’s as-yet unknown whether the new proposal will pass. In the meantime, construction workers and employers can dramatically reduce the risk of serious injury or death by following the safety guidelines below:

  • Workers should always use personal protective equipment, such as safety goggles, foot protection, slip resistant, safety-toed boots, snug-fitting gloves, and a hard hat.
  • Scaffolds should meet all safety requirements established by the Occupational Safety and Health Administration (OSHA).
  • Where electrical work is being done, a lockout/tagout system should always be in place.
  • Extension cords should always have grounding prongs.
  • Multiple plug adapters should never be used at a construction site.
  • Where floor openings exist, a guardrail or appropriate cover should be used at all times.
  • Permanent floor openings should be framed with toeboards.
  • Where surfaces are elevated, post signs indicating a change in surface height.
  • Establish hazard communication protocol.
  • Only properly trained and qualified workers should operate cranes, and hoisting or rigging equipment.

In 2015, a total of 25 construction workers died on NYC construction sites, compared to 17 in 2011. Not surprisingly, undocumented immigrant workers have the greatest risk of serious injury or death on construction sites. A Boston work injury lawyer can help you recover damages if you’ve been injured in a work-related accident. Continue reading

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Long-term disability (LTD) insurance provides benefits if you are unable to work due to an injury or illness. Generally, LTD benefits are between 50 percent and 80 percent of your normal wages. Group policies can be purchased through an employer and individual policies can be purchased independently. But even the most straightforward LTD plans can be complex, and each one is different. If you are unable to work and considering filing an LTD claim, the following information will help you determine how to move forward.

A skilled Boston LTD lawyer can help you examine your group or individual LTD policy to see what benefits and limitations to expect. For starters, each policy has its own definition of the term “disability,” and your disability may or may not be covered. Further, some disabilities qualify, but with specific limitations. For instance, many insurance companies cap benefits for mental health conditions at 24 months. However, there may be exceptions for chronic and particularly severe conditions, such as schizophrenia.

Own Occupation vs. Any Occupation

Once you’ve determined that your disability is covered by your LTD policy, you must consider whether your policy falls under the category of “own occupation” or “any occupation.” Own occupation refers to an inability to perform the duties of your regular occupation, whereas any occupation refers to an inability to perform the duties of any job. Own occupation is less strict: you will receive benefits if you cannot do your current job, even if you can do another job in its place.

On the other hand, “any occupation” benefits will not be received unless you are unable to perform any job. For instance, if you can no longer deal with the physical strain of a construction job, but you can do a desk job, an any occupation policy would not provide benefits. Many policies switch from own occupation to any occupation after a set time period, typically 24 months.

Waiting Periods and Exclusions

Most policies exclude pre-existing conditions, which means that any medical condition for which you’ve been treated in the past 90 days will not be covered. LTD policies also generally contain something called an “elimination period,” during which you are disabled but no benefits are available. It usually lasts between 90 and 180 days. Short-term disability (STD) benefits are intended to bridge this gap.

As stated above, every LTD policy is different. Some pay benefits until retirement age, others pay for five or 10 years. In almost every circumstance, you will have to file for Social Security Disability Insurance (SSDI) before you can receive LTD benefits. SSDI is an income-based program intended to offset your LTD benefits if you qualify.

If your LTD is from a group policy (employer sponsored), you will likely have to pay taxes on any benefits you receive as group policies are usually purchased with pre-tax dollars. If, however, you have an individual plan, you may have purchased it with after-tax dollars, in which case your benefits will be tax free.

What if My Benefits are Denied?

Denials are actually quite common. If your initial application was denied, you can appeal the decision internally, before taking it to federal court. An experienced MA disability attorney can help you appeal a denial so that you may receive the full benefits to which you are entitled. Continue reading

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Work injuries rise during summer months for various reasons; long hours outside in the elements, dehydration, and a spike in “riskier” jobs such as road construction, to name a few. The good news is, the majority of these injuries are easily preventable. Read on for more information about the most common summer work injuries and how to avoid them.

Hyperthermia

Most of us have heard of hypothermia, but what about hyperthermia? This condition occurs when the body heats up too quickly and is unable to cool down as efficiently. Left untreated, hyperthermia can lead to heat stroke and other heat-related illnesses. Although spending hours in the hot sun increases your chances of heat stroke, even short periods in direct sunlight can have serious health implications. According to the Centers for Disease Control and Prevention (CDC), more than 7,000 people died of heat-related illnesses in the U.S. between 1999 and 2010. That’s an average of more than 600 deaths annually.

Heat Stroke

If you work in direct sunlight or high temperatures for any period of time, you increase your chances of suffering from heat stroke. Listen to what your body is telling you; if you develop symptoms of a heat-related illness, take immediate action. Get out of the direct sunlight, drink water, and seek medical attention. Symptoms of heat stroke may include:

 

  • Increased body temperature
  • Nausea
  • Headaches
  • Confusion
  • Weakness
  • Dizziness
  • Muscle cramping
  • Seizures
  • Fainting
  • Coma
  • Death

Dehydration

When the body loses significant amounts of water, dehydration can occur. Excessive sweating is a leading cause of dehydration. The body sweats in an attempt to cool itself; if you sweat out more water than you take in, you risk becoming severely dehydrated. The best way to combat this potential work injury is to avoid working in direct sunlight for extended periods, and to consume plenty of liquids when working outside for any length of time. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Skin Cancer

When most people think of work-related illnesses and injuries, they think of conditions with immediate symptoms. However, some work-related injuries don’t become apparent for weeks, months, or even years. Workers who spend extended periods of time working outside are susceptible to complications from exposure to direct sunlight, including skin cancer. Even severe sun burns can be classified as a work injury. To prevent skin cancer and serious sun burns, wear protective clothing and a hat, work in the shade when possible, use sun block on exposed skin, and try to limit outdoor work hours to before 10 am and after 2 pm.

Construction Accidents

Construction and road work peak during summer months. As such, so do injuries common to these work environments. In summer, motor vehicle accidents involving road workers increase, as do injuries from on-site machinery at construction and road construction sites. A MA work injury lawyer can help you get the compensation you deserve if you’ve been injured in a work-related accident.

Slips, Trips, and Falls

Of course, slips, trips, and falls can happen in any season, but they tend to occur more frequently during summer months. This is likely due to an increase in work that involves high places during summer, such as construction, roofing, road construction, painting, and tree climbing. Broken bones, head injuries, and traumatic brain injuries can result from work-related slips, trips, and falls. To prevent serious injury or death, always use fall protection when working at high elevations. Continue reading

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More than four million people suffer a work-related injury or illness in the United States annually. Of those injuries, more than two million are severe enough to result in missed work and the need for ongoing medical treatment. For about 1,000 of these workers, injuries are fatal. The good news is, most of these injuries are preventable. Read on for more information about the most commonly-filed workers’ compensation claims, and how to avoid being injured at work.

Leading Work-Related Injuries

Workers’ compensation is a type of insurance intended to protect workers, both financially and medically, if they are injured on the job. The on-the-job injuries that result in the most workers’ comp claims include:

  • Slips, trips and falls: Wet floors, icy walkways, and uneven flooring can all cause slips, trips and falls in the workplace. Sometimes falls are just embarrassing…sometimes they are deadly. Falls account for 15 percent of all accidental fatalities, and they are second only to car accidents as a cause of death.
  • Overexertion: Lifting, pulling, or pushing a heavy object can lead to overexertion. If a worker extends a joint beyond its normal range of motion, it can result in immediate pain and a long recovery period. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured in a work-related accident.
  • Struck by an object: These injuries are especially common in occupations that involve mass storage of inventory or supplies. If an employee attempts to reach an item on a high shelf and it falls, the employee may be struck by the item. Such injuries range widely in severity, from minor to fatal.
  • Roadway accidents: Most common among truck drivers, roadway accidents can occur for various reasons, including inclement weather, driver fatigue or distraction, OUI, and other road hazards. On or off the clock, roadway accidents are a leading cause of accidental death in the United States.
  • Repetitive Motion: Construction sites and factories may be inherently dangerous places to work, but even a corporate office can cause debilitating injuries. In fact, repetitive motion injuries from typing and using the computer are among the most common workers’ compensation claims. Injuries such as carpal tunnel and tendonitis can make performing even the most routine office tasks extremely painful.
  • Falls to a lower level: When a worker falls off a roof, ladder, or down a flight of stairs, life-threatening injuries can occur. These injuries are most common in the construction industry, but any person in any occupation can suffer from fall-related injuries. A MA personal injury attorney can help you recover damages if you’ve been injured on the job.
  • Electrocution: These accidents account for about 1,000 deaths in the United States annually. Faulty wiring, power lines, and malfunctioning appliances are the most common causes of work-related electrocutions. Electricians, construction workers, and utility employees have the highest risk for electrocution accidents.

Report Your Concerns

Work-related injuries and deaths cost about $155.5 billion annually. You can dramatically reduce your risk of serious injury or death by making sure that your work space is clean, safe, and that you have received adequate training. If you feel that your workplace is unsafe, speak with a supervisor. If your supervisor fails to address your concerns, you can always contact the Occupational Safety and Health Administration (OSHA). The agency assesses work environments to ensure that they follow specific health and safety standards at all times. Continue reading

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Workplace-related burns are most common in occupations that involve working in close proximity to chemicals, high temperatures, electrical currents and machinery. Workplace burns can be thermal (high temperature), chemical, or electrical. Burns can result in serious, potentially life-threatening injuries. But they can also cause permanent scarring, which may be accompanied by emotional pain and suffering if the scars are located on a highly-visible part of the body, such as the face.

Facts About Scar Compensation in MA

In MA, workers’ compensation covers most work-related injuries. But what about scarring? What if you suffer from severe facial scarring, but your ability to perform your job duties isn’t affected at all? Can you still obtain workers’ comp benefits? A MA work injury lawyer can help you determine how to obtain compensation if you’ve been injured on the job. The facts below provide some pertinent facts about how workers’ comp handles on-the-job scarring.

  • The location of the scar is important. In order to be compensated for a scar, it must appear on your face, neck or hands. Under Section 36 of the MA Workers’ Compensation Statute, any scar on these parts of your body is compensable.
  • If you have a compensable scar, you do not need to miss work to receive workers’ comp payments. For example, if you are burned while working as a chef, you do not need to miss a single day of work to receive benefits, assuming that the scar is on the face, hands or neck.
  • The scar does not have to meet a minimum length or size to be covered. If you have a scar on your face, hands or neck, the size and length will certainly impact the amount of benefits you are eligible to receive, but a small scar does not disqualify you from receiving benefits.

How to Avoid Workplace Burns

Burns in the workplace are actually very common, but nearly all of these accidents are easily preventable. By following the tips below, you can dramatically reduce your risk of serious injury, disfigurement and death:

  • Familiarize yourself with workplace safety rules. It is your employer’s responsibility to ensure that you are aware of this information at all times, and that you receive adequate safety training on a regular basis. Talk to your employer if you are unaware of company safety policies. If your employer isn’t receptive to your concerns, you can always contact OSHA.
  • Use extra caution around hot surfaces and hot substances (oil or grease), chemicals, and electrical wiring. A Boston work injury lawyer can help you determine how to proceed if you’ve been burned on the job.
  • Wear appropriate safety clothing and gear. Depending on your occupation, protective clothing may include fire-resistant fabrics and materials, gloves and eye protection.
  • Know what to do if an accident occurs. No matter how careful you are, accidents can happen. Before beginning any high-risk job, ensure that there are easily-accessible fire extinguishers (and that they are functioning), eyewash stations and first aid kits on hand.
  • Stay focused. In this day and age, it’s not hard to get distracted. But distractions can be deadly when you’re working with electricity, high temps and toxic chemicals. Avoid taking shortcuts, and keep your mind clear and focused. If you’re having a bad day or you’re ill, it may be best to ask for a lower-risk task that day.

Continue reading

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A total of 70 people died in work-related accidents in Massachusetts in 2016. That’s a 10 year high for on-the-job fatalities. In South Boston, a worker in a seafood warehouse died from exposure to ammonia fumes. A Braintree worker died from drowning while inspecting a municipal water tank. And a trench collapse killed two construction workers in the South End.

According to a recently released report by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), 62 of the 70 deaths occurred on the job. The remaining deaths were from occupational diseases, such as lung cancer, and all of those were firefighters. All but one of the workers who died were male. A Boston work injury lawyer can help you obtain the compensation you deserve if you’ve been injured on the job.

Since 2012, where a total of 32 work-related fatalities occurred in MA, the number of annual deaths has been rising. According to Marcy Goldstein-Gelb, the co-executive director for the National Council for Occupational safety and Health, the increase in fatalities is reflective of the increase in subcontractors and workers employed by staffing agencies. Goldstein-Gelb said that these employers are not as invested in overall worker safety.

Latino Workers are Most at Risk

In addition, Goldstein-Gelb believes the increase in work-related deaths is partly due to a decline in labor unions and an increase in undocumented workers, who rarely report unsafe working conditions out of fear of retaliation. The death rate among Latino workers is the highest of any ethnic group, with four out of every 100,000 workers dying on the job annually.

“When workers can’t speak up, then there is a greater risk that a hazard will not be identified and addressed and workers will suffer the consequences,” said Goldstein-Gelb. “The less people speak up, you will see an increase in deaths.”

And the problem isn’t just in Massachusetts. The number of people killed in work-related accidents hit a national seven-year high in 2015, at a total of 4,836 deaths. Deaths from occupational illnesses are estimated to cause a shocking 95,000 deaths in the United States every year. A MA work injury lawyer can help you determine how to proceed if you’ve been injured in a work-related accident.

MA Company Facing Manslaughter Charges in Worker Deaths

The MassCOSH report listed 12 employers that put workers at an increased risk. Among them was Atlantic Drain Services, which is currently facing manslaughter charges for the deaths of Robert Higgins and Kelvin Mattocks, the two workers who drowned in the South End trench collapse last fall. According to the Suffolk district attorney, the company had multiple safety violations prior to this tragedy, and forged documents stating that workers had attended safety training in an attempt to mislead investigators. In response to those deaths, the Boston City Council passed an ordinance requiring the submission of safety records prior to receipt of a work permit. Continue reading

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A 54-year-old heating/ventilation/air conditioning (HVAC) worker died Tuesday after he fell 30 to 35 feet from the roof of the Blackstone Valley Cinema De Lux. John B. Folkes of Canton worked for Medford-Wellington Service Co., a heating/ventilation/air conditioning vendor contracted by the cinema.

According to police, the 911 call came in at 12:22 p.m. on Tuesday afternoon. The caller reported that a man had fallen from the cinema’s roof. When emergency responders arrived to the scene, another worker was performing CPR, but Folkes was unresponsive. Emergency medical services personnel rushed the victim to Mass Memorial Medical Center – University Campus in Worcester, where he was pronounced dead.

Folkes was alone on the roof when the incident occurred. He was working with a four-foot square aluminum heat exchanger at the time. There were no witnesses or video of the 30 to 35-foot fall. State police and the Occupational Safety and Health Administration (OSHA) are investigating the incident. According to police, the fall appears to be an accident and no foul play is suspected.

Work-Related Falls

Same-level falls are more common than falls from high places, but elevated falls are more likely to result in serious injuries and death. The following statistics about elevated falls illustrate how serious this type of accident can be. A MA work injury lawyer can help you determine if negligence contributed to your work-related accident.

  • More than 60 percent of elevated falls occur at less than 10 feet.
  • Slips, trips, and falls account for about 15 percent of all work-related accidental deaths.
  • Slips, trips, and falls also account for between 12 and 15 percent of annual workers’ comp costs.
  • Each slip, trip, and fall accident costs employers about $40,000.

According to OSHA, the hazards that most commonly lead to fatal falls from high places are:

  • Unprotected roof edges
  • Roof and floor openings or holes
  • Improper construction of scaffolds
  • Unsafe ladders or improper ladder use

H0w to Prevent Falls

The best way to dramatically reduce the risk of serious injury or death in a work-related fall is through proper safety training and the use of safety equipment. If you are working at heights of six feet or higher, your employer should provide you with the appropriate fall protection equipment, such as personal fall arrest systems (PFAS), and the appropriate ladders and scaffolds for the particular job. Training programs should be required for new workers, and ongoing training should be regularly provided to anyone who is working at heights of six feet or higher. A Boston work injury lawyer can evaluate the details of your case to determine if employer negligence played a role in your injuries.  Continue reading

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