Articles Posted in Work Injury

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Yesterday afternoon, a wall collapsed at the former Wollaston Theatre in Quincy, trapping two workers under the debris.  The two workers were employees of Jamie McGuinness & Sons working on a demolition when the wall collapsed.  One worker, 40-years-old, was on a cherry picker and jumped down landing on the rocks below while the other worker, 38-years-old, was already on the ground and was then buried by debris for at least 15 minutes.  Quincy Fire Deputy Chief Jack Cadegan made a statement saying he “found the gentleman under three to four feet of bricks and [he] had a steel beam across his chest. The steel beam may have actually protected him somewhat.”  Both men were transported to Boston Medical Center with serious injuries but they are expected to recover.

Accidents like this occur somewhat commonly at construction sites due to the various hazards present.  The common accidents that occur at these sites include electrocutions, falls, equipment failure, and collapses of unsupported excavations.  Too often, injuries and deaths by such methods are preventable.  Unfortunately, construction workplace accidents tend to be caused by the sheer ignorance or negligence of construction workers or site developers.  One of the more common causes of injuries is structural collapse, most often when buildings or bridges are being erected or demolished.  Structural collapse during construction can be caused by excessive construction loading, improper sequencing, temporary material or system weaknesses, and temporary instabilities.  There are several warning signs that may indicate potential structural collapse that construction workers should be vigilant of.  These signs include: age of the building; cracks or bulges in walls; ability of water or smoke to push through walls that should have solid masonry; and sagging floors and roofs.  Construction workers should be aware of these warning signs as well as take addition safety precautions.  Most frequently, structural collapses occur in trenching, long and narrow ditches in the ground.  These collapses cause dozens of fatalities and hundreds of injuries annually.  Construction deaths as a result of trench collapses rose considerably in 2003.  OSHA provides some specific safety precautions to consider while working with trenches, including the following: Continue reading

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According to the Occupational Safety and Health Administration (OSHA), 4,821 workers were killed due to work-related accidents and illnesses in 2014. That is the equivalent to 13 deaths per day. Latino and Hispanic workers accounted for a disproportionately large number of those fatalities, with 804 on-the-job deaths. It is common knowledge that construction jobs are among the most dangerous in the country. But what other occupations carry a risk of serious injury and death? Contact a Massachusetts Workers’ Compensation Lawyer Today.

The “Fatal Four” of Construction Jobs

About one-fifth of all worker deaths occur in the construction industry. Within these occupations, the top causes of death are falls, electrocution, being struck by an object, and getting caught in or between an object, in that order. These four types of construction-related fatalities are ominously known as the “Fatal Four”. With so much construction in Boston and throughout Massachusetts it the number of work related accidents is higher here than in many other states.

Beyond Construction

Although construction workers account for the largest portion of on-the-job fatalities, other industries are actually more dangerous. Fishing and logging, for example, are associated with an extraordinarily high rate of death. .

Deadliest Occupations

Below is a list of the most dangerous occupations, in order of their risk of death.

  • Logging
  • Mining
  • Iron and Steel Workers
  • Roofers
  • Garbage Collectors
  • Farmers
  • Ranchers
  • Truck Drivers
  • Construction Laborers
  • Police Officers

 

Logging is particularly dangerous because it involves spending long days outside, sometimes in extreme weather, working with heavy machinery and falling trees, often at high altitudes. More than half of all logging injuries are the result of being struck by an object. Along with logging, many other jobs on the dangerous list, including mining, farming, and working with steel and iron, share many risks associated with construction – long hours spent outdoors, and working in close proximity with heavy machinery.

Law enforcement occupations and airline pilots also carry a higher-than-average risk of fatality, but not because of heavy machinery. Police officers have an increased risk of injury due to violent acts. Transportation accidents, including crashes, are a leading cause of fatality for airline pilots. The risk of being seriously injured or killed in a work-related accident is decreased dramatically by taking proper precautions before reporting to work every day. Employers have a duty to provide a safe working environment, appropriate safety gear and tools, and adequate training. Continue reading

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In recent years, group health insurers and Third Party Administrators (TPAs) have been looking for inventive ways to provide better and less expensive health services to their customers.  This comes at a time when the nation has been spending billions on medical and insurance expenses for employees injured at work.  Two Thought Leadership papers were published from PTPN, a national network for independent rehabilitation specialists, that study the positive effects of physical therapy in terms of collective health and workers’ compensation cases.  PTPN has led the rehabilitation business since 1985, innovating original payer contracting, quality assurance, outcomes measurement, and pay-for-outcomes (P40) programs.  The network includes hundreds of therapy office locations and thousands of physical, occupational, and speech therapists across the nation.

The two papers, one focusing on workers’ compensation payers and one regarding group health organizations, emphasize how innovation can decrease costs of patients while delivering better outcomes for patients.  Michael Weinper PT, DPT, M.P.H., and president of PTPN says that these papers illustrate ways to “improve the delivery of health services, but also deliver better outcomes for a wide range of patients at a lower cost.”  However, there also needs to be ample providers of physical therapy.  Studies have shown that introducing physical therapy early on in a patient’s treatment program can greatly improve patient outcomes, reduce the use of pain medication, improve patient satisfaction, reduce the number of re-admissions and lower medical and insurance costs.  A few main key points should be taken away from the PTPN paper, including:

  • A 2015 Health and Service Research Journal study showed that treating patients first with physical therapy resulted having average costs $4,793 less than patients who were treated with imaging first.
  • A 2012 Spine study showed that swift recommendation of patients from primary care physicians to physical therapy resulted in reduced use of advanced imaging, surgery, injections, and prescription pain medications resulting in average savings of $2,736.23 less for those who received early physical therapy.
  • Workers’ Comp Research Institute reported that 65 to 85 percent of injured workers are prescribed an opioid for pain management. However, almost 90 percent of these injuries would be better treated with over-the-counter pain medication and physical therapy.

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A man was taken to a local hospital with non-life threatening injuries on Monday morning, following a small explosion at a Tewksbury work site. The Tewksbury Fire and Police departments responded immediately. According to the Tewksbury Fire Marshall, the explosion resulted from a fire in a box truck that contained two power washing units. Contact a Massachusetts Workers’ Compensation Lawyer Today.

The incident, which occurred around 8:30 a.m., was heard by parishioners in the nearby Church of St. William. According to St. William’s Rev. Dwight Hoeberechts, the distant explosion sounded like a “little loud boom.”

“It got my attention, it got all of our attentions that something happened,” Hoeberechts said, “One person thought it was a door that just slammed in the church, but I said it was more than just a door slamming.”

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In a 2015 study conducted by the U.S. Bureau of Labor Statistics (BLS), construction-related fatalities increased nearly six percent in 2014 compared to the previous year. In fact, at 874 reported deaths, 2014 had the highest total since 2008. Many of these fatalities occur in major cities, such as Boston and New York, due to the nature of building projects in these areas. Skyscrapers are being erected at staggering rates, and the heavy machinery and extreme heights inherent to these projects come with great risk. Contact a Massachusetts Workers’ Compensation Lawyer Today.

According to the BLS, Nearly One-Fifth of Workplace Fatalities Involve Construction Workers

Construction has long held the title of most dangerous occupation, but certain aspects of construction work are riskier than others. Excavating, for example, is one of the more dangerous types of construction due to the risk of ground collapse. Roofing and other high-elevation work always comes with a risk of falling, the most common cause of construction-related fatalities.

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If you live in Boston – or any city – construction cranes are a common sight. Unfortunately, crane collapses are also relatively common. According to the United States Department of Labor, there are approximately 90 crane-related fatalities in the US every year. The most recent occurred in February in Lower Manhattan, when a 565-foot crane collapsed, killing a man who was sitting in his parked car. In many of these accidents, high winds, inadequate training, or improperly erected cranes are a factor. Contact a Massachusetts Workers’ Compensation Lawyer Today.

OSHA’s 12-Point Safety Checklist for Crane Use

In addition to collapses related to high winds, crane fatalities can also occur when the crane’s boom comes in contact with power lines, when the crane is improperly assembled or disassembled, or when workers are struck by the boom or load. OSHA has created a 12-point safety checklist for construction workers who will be working on or around cranes.

  1. Only qualified and highly-trained employees should operate a crane.
  2. The crane must be inspected by a designated person prior to each use.
  3. The crane must always be placed on a stable, level surface.
  4. Pins should never be unlocked or removed during assembly and disassembly unless the sections are secure and blocked.
  5. The outriggers and barricade accessible areas must be completely extended if they are inside the swing radius of the crane.
  6. Always keep at least 10 feet of clearance between the crane and any electric power lines.
  7. Conduct a thorough inspection of rigging prior to use.
  8. Use the correct load chart based on the current configuration, load weight, and lift path of the crane.
  9. When making lifts, avoid exceeding the load chart capacity.
  10. Before delivering a load, raise it a few inches, hold, verify, and run tests of the entire brake system.
  11. Avoid moving loads over workers at all times.
  12. Follow instructions given by the manufacturer, and all signals.

Crane safety boils down to these three essentials; safe conditions, well-maintained equipment, and proper training. Unfortunately, site conditions that appear safe can actually be riddled with hidden dangers, such as unstable ground and power lines. According to Tom Barth, owner of Barth Crane Inspections of South Carolina, “Site conditions cannot be assumed. They must be verified by an engineer. However, it is the crane operator’s responsibility to ask the site superintendent about any hazards such as utilities, fresh un-compacted fill and more. They may not be recognizable to the eye but could pose a threat of ground failure.” Continue reading

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There’s no question that some jobs are more dangerous than others, but occupations that appear perfectly safe often have a higher percentage of injured employees. The top five workplace injuries can occur in almost any occupation, from factory jobs to desk jobs. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Overexertion

Overexertion, the number one cause of work-related injuries, is typically the result of ordinary tasks gone wrong.  Lifting, pulling, or pushing an object improperly can throw a worker’s body seriously out of whack, even leading to permanent disability. The best way to avoid overexertion injuries is by approaching the aforementioned movements carefully, and by learning the right way to perform these tasks. For example, always lift heavy objects by keeping a wide base of support and squatting down, bending only at the knees and hips. Don’t twist your back as you lift the object. More importantly, keep yourself fit and don’t take on tasks that you are physically unable to do.

Same Level Falls

Same level falls are the second most common workplace injury. These include trip and slip injuries, and can happen anywhere. The condition of the floor is the most important factor to consider, therefore, it’s exceedingly important to report unsafe conditions in the workplace. Same level falls may result from:

  • Loose carpeting
  • Uneven flooring
  • Wet or waxed floors
  • Cords and cables on the floor
  • Floor transition areas
  • Clutter or debris in walkways
  • Poor lighting

Employees can lower their risk of same level falls by wearing appropriate footwear and keeping shoelaces tied. Business owners should ensure that flooring is safe, and that traffic patterns in the workplace are free of clutter.

Struck by an Object

Getting hit or struck by something is the third most common workplace injury. If you work in construction or another industry with falling debris, such as factory work, it’s crucial to wear a hard hat at all times. Correct storage of items on shelves, proper material stacking, and keeping the workplace free of clutter can reduce the likelihood of falling objects.

Falls to Lower Level

For most workers, falls to a lower level generally involve falling down stairwells or off ladders. For construction jobs and similar occupations, high-level falls can involve falling off scaffolding. Many of these falls result in serious injury or death.

To mitigate the risk of falling from high places, stairwells should have good lighting and handrails should be installed. The stairs themselves should have non-slippery surfaces. Obviously, objects should not be stored on the stairs, and workers should take special precautions when carrying items up and down stairs. Check ladders for safety and stability before use. Workers using scaffolding should always wear personal fall arrest protection. Proper, industry specific training is also essential to the safety of workers in any given field.

Other Exertion and Bodily Reaction

Similar to overexertion, other exertion and bodily reaction injuries usually occur in non-impact accidents. Basically, this means that the worker was not harmed by direct contact with another object. Instead, the injury results from the way a person’s body reacts to a particular stimulus. Situations that can cause “other exertion and bodily reaction” injuries include:

  • Repetitive motions
  • Excessive physical effort
  • Remaining in one position for a long period of time
  • Unnatural body position.

Your risk of these injuries depends on the nature of your work and your willingness to utilize appropriate safety precautions. Many jobs require repetitive motions, for example, but by taking advantage of work breaks and learning exercises to combat the effect of repetitive motions on your body, you can reduce your risk. Sitting at a computer all day can result in negative bodily reactions as well, so get up at least every hour and take a brief walk around the office. Stretching and moving around as much as possible is helpful in any occupation. It keeps the body warm and flexible, which helps to eliminate many types of injuries. Continue reading

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Most Massachusetts workplace injuries are covered by workers’ compensation benefits. On-the-job accidents, such as chemical burns, falls from high places, inhalation of toxic fumes, being struck by an object, and work-vehicle accidents can result in serious physical injuries and even death. But what about emotional injuries? In Massachusetts, mental and emotional injuries are typically covered by workers’ compensation if they result from eligible workplace events. Contact a Boston Workers’ Compensation Lawyer Today.

A recent MA workers’ comp claim filed by a Suffolk County Sheriff’s Department employee highlights a notable exception in the Massachusetts workers’ comp statute. Joseph Upton, a jail officer who started working at the sheriff’s department in 1991, was terminated after a jail assault investigation revealed that he had filed false reports about the incident. However, upon following a grievance, his job was reinstated in 2001. Upton was scheduled to receive back pay, minus any unemployment benefits he received while not working. Although the sheriff’s department appealed the award of back pay, the MA Supreme Court upheld the award in 2008.

Upon reinstatement, Upton was required to submit a signed document that detailed his unemployment earnings while off work. However, after learning that the jail officer may have underreported outside earnings, the sheriff’s department requested that Upton meet with investigators to discuss his signed statement. Immediately following the meeting, Upton went to the hospital, complaining of chest pains and shortness of breath. Shortly after, Upton filed a workers’ comp claim, requesting benefits for emotional injuries suffered as a result of the stressful investigation.

Injuries Resulting from ‘Personnel Action’ are Not Covered

Upton’s claim for benefits was denied by the administrative law judge because his disability was the result of a “bona fide personnel action.” Chapter 152 of the Massachusetts workers’ comp statute specifically states, “No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.” As Upton’s meeting with investigators was deemed a “personnel action,” his injuries weren’t eligible for benefits. This case serves as a reminder that Massachusetts employees are not eligible to receive workers’ comp benefits for injuries that occurred due to a normal personnel action, including investigative procedures. This is even true for physical injuries, such as chest pains or shortness of breath. Continue reading

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Massachusetts provides benefits for five types of workers’ compensation disability claims. These are 1) temporary total disability, 2) temporary partial disability, 3) permanent partial disability, 4) permanent and total disability, and 5) death. Total disability is paid for up to three years when an injury prohibits any ability to work. Benefits for permanent and total disability typically pay a percentage of an injured worker’s wages, on a permanent basis. Workers’ Compensation death benefits are designed to help families of workers who have died from a work-related injury or illness. However, the majority of workers’ compensation claims in the United States are permanent partial disability (PPD).

What is Permanent Partial Disability?

If an employee’s work-related injury has lessened his or her ability to work to some degree, but not entirely, PPD benefits may be available. This reduced earning capacity may be triggered by a necessity to change jobs, work less hours, or work for decreased wages. The injured worker’s physician uses American Medical Association (AMA) guidelines to determine the level of disability. In addition to injuries from falls, burns, or fallen objects, these AMA guidelines also cover occupational diseases, such as respiratory conditions from allergen exposure, neurological disorders from metals or pesticides, and even carpal tunnel syndrome. PPD standard coverage can last no more than 5 years (260 weeks). However, coverage may be extended to 520 weeks if there is a 75% permanent loss of body function or a diagnosis of a perpetual life-threatening condition such as:

  • Spinal cord damage
  • Loss of organ functioning, such as lungs, kidney, urinary, or bowel function
  • Damaged equilibrium
  • Loss of mental functioning, such as short term memory loss or language comprehension
  • Cancer
  • Autoimmune disease

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The Occupational Safety and Health Administration (OSHA) is calling for a reform that would provide temporary employees with the same benefits and training that permanent employees hold within a company. An agency that provides temporary workers to various businesses committed a serious violation in 2014 and has since been called upon to improve their conditions for all employees. Marathon Staffing Services Inc. was called into question when it became evident that they did not administer hearing tests for their employees who were consistently exposed to elevated noise levels while working for Concrete Systems Inc. based out of Hudson, New Hampshire.

According to reports detailing the new agreement that has since been put into place, Marathon Staffing Services is required to have a qualified health and safety professional review a checklist that details possible safety and health concerns present in the work environment. Once the health and safety professional has acquired a direct list of concerns, they will then be able to move forward in the process in terms of conducting an initial inspection. From there, they will also hold periodic inspections and audits to ensure that the conditions displayed at these workplaces are meeting each of the standards OSHA has in place.

In addition to the mandated inspections, Marathon will also be required to provide necessary training to account executives and sales representatives to ensure that their health and safety knowledge is comprehensive. Marathon is also asked to develop written contracts that are specific to each individual client that works with them—an initiative that will detail what the respective requirements will be for each workplace that will be supplied with temporary employees via Marathon Staffing Services Inc. These contracts will ensure that each client is fully complying with the health and safety standards being put into place by OSHA in hopes of protecting all employees in the future. Kim Stille, the New England regional administrator for OSHA, has said that “Both host employers and staffing agencies have critical roles in complying with workplace health and safety requirements.” Continue reading

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