Workers' Compensation

August 8, 2022

Is It Too Late to File a Workers’ Compensation Claim in Massachusetts?

If you thought you missed your chance to file a Massachusetts workers’ comp claim, you may be in luck: the Commonwealth has one of the longest workers’ compensation time limits in the nation. Unlike Michigan, where claims must be filed within two years of the injury, or Arizona, which has a one-year statute of limitations, Massachusetts allows you to file within four years of the date you learned your injury was job related. In the case of a fatal work injury, eligible dependents can file workers’ compensation death benefit claims within four years of the employee’s date of death.

What Causes Delayed Filings of Massachusetts Workers’ Compensation Claims?

In order to qualify for workers’ compensation benefits in Massachusetts, you must be disabled for five full or partial calendar days (not necessarily consecutive). At that point, your employer should notify the Department of Industrial Accidents (DIA) of your injury. If you are disabled for less than five days, your employer can file a “medical only” claim with their insurance company.

May 24, 2022

Amazon Warehouse Workplace Accidents Are A Common Occurrence – We Can Help.

by Altman & Altman

The Injury Machine? Workplace Accidents at Amazon Warehouses

Amazon is the largest online retailer in the world and the second-largest employer in the country. Unfortunately, it also leads the field in a less favorable category: warehouse injuries.

Amazon workers suffer serious injuries at over twice the rate of other warehouse employees, according to a report by the Strategic Organizing Center (SOC). While Amazon employs one-third of all the warehouse workers in the U.S., it is responsible for nearly half of all warehouse injuries.

May 4, 2022

Repetitive Movement Injuries at Work

by Altman & Altman

When you think about serious job-related injuries, what comes to mind? Transportation accidents? Trips and falls? Fires and explosions? While all of those do occur, one of the most common causes of workplace injury is much less dramatic: repetitive movement.

Simply performing the same task over and over can result in damaged nerves, tendons, muscles, and joints. And the impact on the U.S. workforce is considerable. Injuries caused by repetitive motions cost employers an estimated $20 billion annually in workers’ compensation.

Types of Repetitive Movement Injuries at Work

August 27, 2020

What are the major causes of excavator injuries at construction sites in Massachusetts?

by Altman & Altman

Excavator Injuries

Between 1992 and 2000, the National Institute for Occupation Safety and Health (NIOSH) identified 346 deaths caused by excavators or backhoe loaders in the united states. The data found that the most common causes of injury were

Being struck by the machine or parts of the machine while the machine was in motion; and

August 11, 2020

Hearing loss caused by a workers compensation injury

by Altman & Altman

Hearing loss can be detrimental to a person’s quality of life. According to the Occupational Safety and Health Administration (OSHA), around 30 million people are exposed to chemicals dangerous to their ears at work and another 22 million are exposed to dangerous levels of noise. When workers are exposed over a long period of time this can result in permanent hearing damage and tinnitus. OSHA limits exposure to loud noises in the workplace to curb its negative effects. Workers should be exposed to noise levels above 85 decibels for no more than eight hours. They should also use protective devices in their ears to curb any hearing damage at this noise level. The cost of an injury you endure while trying to get your job done should not fall on you. If you experience hearing loss or tinnitus that you believe is related to hazardous noise levels at work, you may be entitled to compensation.

Who is at risk?

As humans, we are all vulnerable to hearing loss in loud environments. Some professions carry greater risks than others.

July 17, 2020

On the job accidents caused from working on or near trees.

by Altman & Altman

Tree workers, whether they work on or near trees, experience a heightened risk of injury. Serious hazards in tree work include falling from trees, tree limbs or entire trees falling on workers, and injury from heavy duty machinery. The Occupational Safety and Health Administration (OSHA) takes safety precautions in tree work very seriously.

If an individual not working in any official capacity is injured by a falling tree branch, they may be able to sue the property owner if the injury occurs on private property. Property owners generally have a duty to make their property reasonably safe for those who are lawfully there. Similarly, if the injury occurred on public property you may be able to sue the local government under a theory of negligence.

The rules are a bit different when it comes to workers injured in a tree accident. Workers injured in an accident involving a tree have the same legal recourse as workers in other jobs. The primary remedy is a workers compensation claim. The system is set up as a no-fault system, meaning you do not have to prove that any of the regulations were not followed to get compensation. All you have to prove is that during the course of your work you were injured. This means even if you are partially at fault, you can be compensated for your injuries. We highly recommend contacting our experienced team of workers compensation attorneys, as insurance companies make a habit of denying valid claims and withholding money from injured parties. We know your rights, and we are here to get you what you deserve. Workers can be compensated for hospital costs and costs associates with long term damage, loss of productivity, and time way from work.

OSHA Protocol:

Assess work site for fall and falling object hazards
Have an arborist assess likely risks
Determine if rigging is necessary
Determine if workers will need to use lift
Identify and provide the proper protective equipment
Only used approved climbing equipment
Ensure the training of all workers
Workers should remain 10 feet from power lines, or else have them de-energized
Take steps to protect workers from falling objects, including establishing a drop zone
Establish a communication system between workers
Provide traffic controls
Establish emergency procedures

December 19, 2018

Fatigue Leads to Many Construction Worksite Accidents

by Altman & Altman

According to the National Safety Council (NSC), 69 percent of workers in the construction, transportation, and manufacturing industries say they suffer from on-the-job fatigue. The NSC recently released a report on this very serious problem, The Fatigue in Safety Critical Industries report, which delineates common causes and symptoms of fatigue, as well as the extensive associated costs.

It’s a well known fact that construction is one of the most dangerous occupations in the United States. Among the most deadly construction accidents are falls from high places (ladders and scaffolding), being struck by objects, electrocutions, and becoming caught in materials and equipment. The risk of every one of these serious accidents is dramatically increased by worker fatigue. A MA work injury attorney can help you determine how to proceed if you’ve been injured on the job.

Although nearly two-thirds of all construction workers admitted to working while fatigued, the group said they were well aware of the risks involved with doing so. The NSC is urging employers in these industries to assess the level of fatigue their workers are experiencing, and to initiate policies that reduce worker injuries and deaths related to fatigue. One fatigued worker can put an entire team at risk, and the costs associated with fatigue-related accidents are shockingly high.

Common Causes and Symptoms of Worker Fatigue

The Fatigue in Safety Critical Industries report outlined common causes of worker fatigue and the symptoms to look for in employees and co-workers:

Causes

Lifestyle-related sleep deprivation
Sleep deprivation related to medical conditions
Working too many consecutive days
Shift work
Demands of a physical job
Workplace and life stressors
Monotonous, repetitive tasks

Symptoms

General tiredness, sleepiness, or lethargy
Loss of energy
Slow reaction time
Impaired decision making and judgment
“Foggy” brain
Loss of short term memory
Reduction in productivity
Excessive absenteeism
Increased accidents and injuries

What Can Employers Do?

Obviously, employers are limited in their ability to improve the lifestyle and overall health of employees, but that doesn’t mean that it’s impossible for employers to reduce workplace fatigue. For starters, they can pay closer attention to the amount of consecutive hours and days their employees are on the clock. Double shifts, back-to-back night and day shifts, and too many days in a row can easily cause fatigue. As such, employers should limit fatigue-inducing schedules as much as possible. Also, employers can ensure that all workers (but especially those working challenging shifts/hours) have access to regular breaks during which they can rest, grab a snack, and drink plenty of water.

Workers with boring, repetitive tasks can also be plagued by fatigue. In order to reduce this risk, employers should rotate job responsibilities so that no worker is stuck with the same boring, repetitive task for too long. And any time a job is physically demanding, workers should receive frequent breaks. A Boston work injury lawyer can help you recover damages or obtain workers’ compensation if you’ve been injured in a workplace accident.

Finally, a safe work environment is key to reducing accidents, fatigued or not. Employers should ensure that all workers have access to well-maintained personal protective gear, and that everyone receives adequate training and supervision. Continue reading

October 24, 2018

How to Avoid The Three Most Common Work Injuries in Massachusetts

by Altman & Altman

Anyone in any occupation has the potential to get injured at work, but three particular work injuries are most common. If you have suffered one of these injuries, or have been involved in any type of workplace accident, you may be entitled to compensation. But, as they say, “an ounce of prevention is worth a pound of cure.” Being familiar with the most common types of injuries, and methods of avoiding them, might be the only prevention you need.

Slips & Falls

Slips and falls are among the most commonly experienced workplace accidents. In fact, injuries from slips and falls account for about 95 million missed work days each year. These accidents frequently occur on wet, dirty or uneven floors, or when a worker trips on something left on the floor. The consequences of slip and fall accidents can be severe: back injuries, head injuries, broken bones, and cuts and bruises…just to name a few. To avoid slips and falls:

Make sure your work area has adequate lighting so that you can spot hazards.
Wear proper shoes. Shoes with non slippery, thick heels and tightly tied laces are best for preventing slips and falls.
Watch for hazardous weather conditions, like rain, snow or wet leaves tracked on the floor. Make sure someone is assigned to check and remedy the condition of floors at regular intervals.
Use moisture absorbent mats in times of bad weather and make sure coworkers clean up spills immediately.
Look for warning signs.
Keep hallways free of clutter and avoid the use of electrical cords across common walk spaces.

Machine Injuries

If you work in construction or at a plant or factory, you are at special risk for a machine injury. These injuries often occur when fingers, limbs, hair, jewelry or clothing becomes entangled in a machine. To avoid machine injuries:

Do not work on a machine without proper machine guards.
Always wear required safety equipment.
Never interfere with a moving machine; always shut it down first.
Avoid operating machines for which you have not had proper training.
Make sure all loose clothing and accessories are secured.
Secure long hair behind your head and off your shoulders.
Inspect machines regularly to make sure they are working properly.

A MA work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Lifting Injuries

Most jobs involve some type of lifting. Improper lifting can lead to serious injuries, including damage to vertebrae, pulled, strained or torn muscles, nerve damage, and joint damage. These types of injuries are most common in construction, with almost 100,000 employees suffering lifting-related injuries each year. To avoid becoming one of them:

Be cognizant of your strength and fitness, and avoid lifting things that are too heavy. Ask for assistance when needed.
Never lift with your back! We often hear this advice, but the reasons aren’t always clear. Back muscles are much less powerful and strong than leg muscles. For this reason, heavy weight should be borne by the leg muscles instead. To do this, keep your back straight and your feet hip-width apart. Bend your knees and lift at the same time that you extend your knees straight.
Never twist or bend the back while holding or moving heavy objects; keep heavy loads close to the body between your knees and shoulders
Take frequent breaks when lifting or moving heavy objects.
Use mechanical aids such as conveyors, slides, chutes, hoists, adjustable lift tables, and hand trucks to help you with a heavy lift.

A Boston work injury lawyer can help you recover damages if you’ve been injured in a work-related accident. Continue reading

September 11, 2018

How Much Can I Expect to Get in Workers’ Compensation Benefits?

by Altman & Altman

Most workers are entitled to benefits through a program called workers’ compensation if they become injured or ill on the job. But how long does it take to begin receiving benefits, and what exactly can an injured worker expect to receive?

If you’ve been injured on the job, you may be entitled to workers’ comp benefits, which generally include a percentage of your lost wages, medical expenses, vocational rehab, and benefits for permanent impairment, should this become necessary. A Boston workers’ comp attorney can help you determine how to proceed if you’ve been injured in a work-related accident.

No Pain and Suffering

August 31, 2018

Most Common Work Injuries In Massachusetts

by Altman & Altman

Each year in the United States, thousands of workers are killed and millions suffer non-fatal injuries. Among those injured, more than three million subsequently develop chronic medical conditions as a result. It’s common knowledge that certain industries—such as construction and logging—rank at the top of the “dangerous jobs” list, but no occupation is immune. In fact, some of the most common injuries—such as carpal tunnel syndrome and back problems—occur in office jobs. The data below, collected by the nation’s leading insurance companies, has revealed the top most commonly-reported work injuries and their causes.

Repetitive Motion Injuries

Continuously engaging in the same motions day in and day out over the course of several months or years can lead to injuries. Common repetitive motion injuries include eye problems, strained muscles, tendonitis, and carpal tunnel syndrome. To prevent these injuries, employees should receive adequate training on proper postures and should be provided with ergonomic equipment to reduce the incidence of injuries.

Entanglement

Factory workers often use heavy machinery to perform their jobs. When fingers, hair, or clothing become entangled in these machines, the worker can be pulled into the machine and become entangled. These injuries often result in the loss of one or more fingers or toes. They can also be deadly. To prevent machine entanglement injuries, protective equipment and training are essential, as are lockout/tagout mechanisms to prevent machines from starting unexpectedly.

Falls from Heights

Anytime someone is working from an elevated area—including roofs, ladders, and scaffolding—there is the potential for a deadly fall. Although falls from heights can occur in any industry, they are most common in construction. In addition to faulty equipment and lack of training and personal protection gear, falls from heights can also be caused due to slippery surfaces. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Reaction Injuries

Typically caused when someone slips and trips but does not fall, reaction injuries can result in trauma to various parts of the body. Preventing these types of incidents can be difficult, but ensuring that walkways are kept dry and clutter-free goes a long way toward reducing the prevalence of reaction injuries. This is another area in which employee training and awareness are of paramount importance.

Slip and Fall Injuries

The number two cause of work-related injuries is slip and fall accidents. In fact, slip and fall accidents are one of the leading causes of accidental death and injury overall, not just in the workplace. To prevent slip and fall injuries, ensure that spills are promptly cleaned up, and keep walkways well-lit and free of clutter and debris.

Overexertion Injuries

The number one workplace injury is also the most costly. Overexertion injuries include those related to lifting, holding, pushing, pulling, and carrying. A MA work injury attorney can help you obtain the compensation you deserve if you’ve been injured on the job. Continue reading