Articles Posted in Workers’ Compensation

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Every year, the Occupational Safety and Health Administration (OSHA) releases a report of the 10 most commonly cited violations for that year. The agency obtains this data from the tens of thousands of workplace inspections it conducts annually. Interestingly, the list remains fairly constant from year to year. Read on for more information about OSHA’s top ten safety and health violations and how you can avoid becoming a statistic in a serious, or fatal, workplace accident.

More than 4,500 workers are killed in a work-related accident annually, and about three million are injured. These numbers are staggering, especially considering that employers are responsible, by law, to provide and maintain safe work environments. The top 10 violations below contribute to the majority of these injuries and fatalities. If you have been injured on the job, contact a Boston work injury lawyer today.

  • Fall protection: Falls are the leading cause of work-related deaths in the United States, and most of these occur in the construction industry. Without proper protection, such as harnesses and anchors, fall-related deaths increase significantly.
  • Hazard communication: When hazardous chemicals are present, workers have a need and a right to know. Hazard communication refers to the process of identifying hazardous substances, notifying workers of the presence of hazardous substances, and informing workers of protective measures necessary to avoid injury or death when working with, or near, said hazardous substances.
  • Scaffolds: Scaffold violations are often a contributing factor in fatal falls. Considering that about 65 percent of the construction industry works on scaffolds, preventing scaffold violations would dramatically reduce annual injuries and deaths in this industry.
  • Respiratory protection: Exposure to asbestos, chemicals, and other toxic substances can result in long term health problems. Sudden chemical spills can even cause immediate death. Proper respiratory protection is essential to prevent long-term damage and sudden death in an emergency situation. Unfortunately, lack of adequate respiratory protection is one of the most commonly cited OSHA violations.
  • Lockout / tagout: These violations often result in gruesome injuries and deaths from machines that start up suddenly. Lockout / tagout refers to the process of turning machines off and ensuring they can’t be turned back on while being worked on.
  • Powered industrial trucks: Forklifts and powered industrial trucks are responsible for significant injuries and deaths every year. In nearly all fatal cases involving one of these machines, workers were not properly trained on safe operation, or other OSHA violations were a factor.
  • Ladders: Ladder violations often contribute to fall injuries and deaths.
  • Machine guarding: Similar to lockout / tagout, machine guarding refers to the installation of machine guards to protect arms, hands, legs, and feet from injury, amputation, or worse. Failure to properly guard machines is a common OSHA violation.
  • Electrical wiring: It isn’t difficult to understand why electrical violations can spell disaster. Electrocution can be immediately deadly. Therefore, proper precautions and safety training are essential for jobs involving electrical work.
  • Electrical, general: Ditto, above.

Most of the above violations occur in the construction industry. Unfortunately construction is an inherently dangerous field. However, risks and hazards can be dramatically reduced, along with your risk of serious injury and death, when OSHA regulations and standards are followed. If you notice an on-the-job hazard, report it to your supervisor immediately. If your supervisor doesn’t promptly respond to your concerns, you can always contact OSHA. If you have been injured in a work-related accident, contact a Boston work injury lawyer today. Continue reading

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Mayor of Boston, Marty Walsh, is calling for more stringent regulations regarding construction companies getting bids to perform work in the Massachusetts metropolitan center in the wake of two construction workers being killed while conducting routine work in a trench in October.  The two workers were killed after a water main break flooded the trench with water and debris and were unable to escape. An initial investigation revealed that the trench was not safeguarded against potentially catastrophic cave-ins or collapses because the contractor did not implement the use of a “trench wall,” which braces against both sides of the trench during work.

Subsequent investigations by WGBH showed that the construction contractor, Atlantic Drain Services (based out of Roslindale, MA), had been cited 13 times by the Occupational Safety and Health Administration (OSHA) in the past five years, including a citation for placing its workers underground without the proper safety and rescue precautions in place.

The tragic incident has led to outrage over the fact that Atlantic Drain Services was given the bid for construction despite their checkered past with safety violations, which are a part of the public record and available to anybody who requests the data. It is indeed alarming that city officials would not check out such a history before awarding a construction bid for potentially dangerous work.  The incident is still being investigated by the Suffolk County District Attorney’s Office and OSHA itself, and it is likely that serious fines will be levies onto Atlantic Drain Services for their negligent and ultimately deadly failings to provide a safe work environment for their employees.

Construction work requires exceedingly careful precautions

Construction work is consistently amongst the most dangerous work for American employees, causing 899 deaths in 2014. About 70 of those deaths happened as a direct result of trench work, which often puts workers in toxic, cramped, and potentially deadly environments where cave-ins, electrocution, and respiratory arrest is a common threat to safety.  OSHA has a lengthy list of regulations regarding trench work. Regulations include ensuring that the trench is properly protected against cave-ins by using various methods, that a competent supervisor watches all activity to ensure proper protocols are being used, and that there are rescue measures at the ready to save any workers who are suddenly put in danger.

In the case of the two Boston workers who perished, their deaths are on the hands of multiple parties, including the Boston officials who allowed Atlantic Drain Services to obtain the construction bid and the decision-making entities of the construction company who allowed the work to move forward despite proper safety precautions to not be in place.

Hold negligent construction firms accountable

New and serious regulations are absolutely an essential part to prevent future tragedies such as the one that occurred in October. The other part is to hold any firms who don’t take safety measures seriously enough accountable for their negligence.  The construction contractor is completely liable for any legal suits that come their way as the result of the deaths of two of their workers. A worker death does not just affect the deceased, but also any and all members of their families who depend on their income. The emotional trauma is bad enough without having to worry about how the money that they used to make will be replaced, if it can be at all. Continue reading

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Another Massachusetts construction worker has passed away following an accident during routine trench work in Duxbury, MA when a power saw kicked back and made lethal contact with his throat.  The Plymouth County District Attorney’s Office does not suspect foul play, and the incident is under investigation now by the Occupational Safety and Health Administration (OSHA) to determine what caused the saw to become “bound” and subsequently injure the worker.

The tragic accident occurred during routine trench work on Saturday, Nov. 19 in Duxbury when workers were excavating an underground water line. At least one other worker was involved in the activity but was not harmed.

Trench work is dangerous work

This event, and an incident in October that claimed the lives of two workers in Boston, puts an unfortunate emphasis on how dangerous construction work – and work in trenches, specifically – truly is. In 2014, 899 construction workers died while working on the job, and about 70 construction workers die each year from accidents involving trenches.  The Occupational Safety and Health Administration (OSHA) defines a trench as “a narrow underground excavation that is deeper than it is wide, and is no wider than 15 feet.” This means that some trenches can be much deeper than 15 feet, which poses a serious risk of fatal falls in, addition to the most common form of trench work deaths – cave-ins.

There are many health regulations put in place by OSHA and state agencies that regulate trench work, including always securing each side of the wall, providing fall protection, designing protective measures such as properly sloping at least one wall of the trench in the event workers have to get out quickly.  Additionally, foremen and workers on site must always be aware of changing conditions in the trench and in the surrounding soil. They must also be aware of any seismic activity, even from something as simple as traffic passing nearby.

Of course, in accidents such as this most recent and unfortunate one in Duxbury, no amount of cave-in prevention can prevent a tragic death involving a power saw. It is cases like these that must prompt construction companies to learn how to better protect their workers from each of the unique dangers that exist on a job site. Trenches are tight quarters to work in, so there should always be additional precautions when working with dangerous power tools. Continue reading

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If you suffered an on-the-job injury or illness, you may be eligible for Massachusetts workers’ compensation, a program that pays medical expenses and some wage replacement if you are unable to work for a period of time. Most work-related injuries are covered, but you must file for benefits in order to receive them. The application process can be complicated, but with the help of a skilled workers’ compensation lawyer, you can receive your full benefits in a timely manner. The information below provides instructions and a general timeline for filing a workers’ comp claim.

If your injury requires medical care, seek medical attention immediately. The next step is to notify your employer of the injury or illness. To be eligible for benefits, you must notify your employer within a limited period of time, so don’t delay. At this point, your employer will provide you with the necessary paperwork to proceed with filing a claim. If your employer refuses to provide you with this paperwork, for any reason, contact a Boston workers’ comp attorney right away.

What if My Employer Doesn’t Have WC Coverage?

Once you have returned the paperwork to your employer, it is your employer’s responsibility to report the injury to the insurance company, and to provide you with a copy of the report. The insurance carrier has 14 days from receipt of the initial report to determine if it will accept your claim. If your employer does not have workers’ comp coverage, you may be able to apply for benefits through the Massachusetts State Special Trust Fund. Alternatively, you may be able to sue your employer in a civil action if they are not insured. Both scenarios are highly dependent on the unique circumstances of your case.

If your application for workers’ comp benefits is accepted, you will receive payment for the first 180 days following your injury. This is known as the Pay-Without-Prejudice period, which occurs while the insurance carrier is making the final decision on your claim. If the insurer does not accept liability of your claim, your payments will likely stop after the 180-day period has expired.

Workers’ Comp Payment Schemes

If your application is approved, you will begin receiving payment based on the extent of your injury and several other factors. Various payment schemes exist, including:

  • Temporary Total Incapacity
  • Partial Incapacity
  • Permanent and Total Incapacity
  • Permanent Loss of Function and Disfigurement

How Long Do I Have to File a Claim?

Following your injury or illness you have four years to file a claim for workers’ comp benefits. Similarly, if your application for benefits is denied, you have four years to appeal. If your application is approved, you will be contacted by an adjuster for the insurance company who will instruct you on how to submit medical bills for reimbursement.  Remember, it is not in the employer’s best interest that your application is accepted; it can result in a significant increase in their workers’ comp rates. Don’t assume your employer is on your side. The best way to ensure your claim is approved is to collect and document as much information as possible. Detailed medical records are immensely helpful. Continue reading

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The workplace is the backbone of American society and where millions of Americans earn their livings. Unfortunately, many careers and employers subject their workers to dangerous environments, tools of trade and procedures in order to get work done.  It can be as simple as a fall from a platform during construction, or something more complex like developing tinnitus after frequenting a loud work environment with inadequate or deficient ear protection. Regardless of the type of injury or severity, as a worker, you have rights.

Workers’ compensation is right to continue earning money despite being unable to perform your work duties. Employees and their loved ones have the right to workman’s compensation for injuries sustained while on the job that cause death, partial or total disability, and disfigurement or loss of function (such as permanent scars). In Massachusetts, workers are entitled to 60% of their weekly wage in disability payments.

Expectation of safety

In addition to providing proper compensation for workers injured while on the job, employers – big or small – are required to upkeep a safe working environment and to implement adequate safety protocols when performing dangerous work is unavoidable.  Overseen and enforced by the Occupational Safety and Health Administration (OSHA), a branch of the U.S. Department of Labor, these strictly-enforced regulations help ensure that employers keep the safety of their employees paramount, and do everything possible to prevent avoidable deaths on the job site.

A recent example of negligence leading to a serious work injury happened on Oct. 31 in Wareham. An employee for HiWay Safety Systems was trapped between a docking bay and the bumper of a tractor trailer truck, causing severe head trauma and his eventual death. The incident has since been labeled as a tragic, avoidable death by the Massachusetts Coalition for Occupational Safety & Health (MassCOSH).  The victim left behind a wife and two sons, who will have to deal with the emotional turmoil and financial distress of losing a husband, a father, and a breadwinner. The tragic event is now under investigation by OSHA, state, and local authorities.

It should be known that any worker asked to perform a duty that can be reasonably, in good faith, seen as overly hazardous maintains the right to refuse that work. In such a situation, employees should alert their employers of their concern and either ask for different work or ask that the hazards be adequately corrected. If the hazard is not corrected or the employer threatens retaliatory action for not performing the work, the employer should contact OSHA immediately. The worker would also have the right to legal representation. Continue reading

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Prematurely losing a loved one to an accident at work is a tragedy simply unparalleled. If that person also happened to be the primary breadwinner in a family, the shockwaves extend well beyond the personal turmoil that will follow. In addition to the pain of loss, you must now figure out how to continue to support yourself and the remaining members of your family that depend on you. Although nothing will replace the loss of a loved one, there are certain safety nets set up through the government that are specifically meant to address this horrific ordeal. Through the Social Security system, widowers and children of deceased family members are entitled to certain rights, including monetary compensation to account for lost income. Visit www.socialsecurity.gov/survivorplan for more information.

Here are some of the summarized benefits available through Social Security:

General benefits

  • As you work and pay into Social Security, you earn credits towards post-death benefits. The younger you are when you die, the fewer years you need to have paid into the system. Nobody needs to work for more than 10 years to be eligible for these benefits.
  • If you have only worked for one and a half years, and you die within three years of starting that job, benefits will be available to your spouse and your children.
  • A one-time payment of $255 may be available to the surviving spouse. If there is no surviving spouse, a surviving child may be eligible for this payment.

Widows and widowers

  • Any widow or widower may be eligible for full monthly benefits once they reach retirement age. The retirement age for people born in 1945-1956 is 66. People born after 1962 reach retirement age at 67.
  • A widow or widower can get reduced benefits as early as age 60
  • If your surviving spouse is disabled, they may receive benefits as early as age 50.
  • If a widow or widower is caring for a child of the deceased under the age of 16, or if the child is of any age and disabled, they may be eligible for monthly benefits.
  • In certain circumstances, a surviving divorced spouse may be eligible for benefits as well.

Children of the deceased

  • An unmarried child of the deceased may be eligible for benefits is they are younger than 18 (and up to age 19 if they attend school full-time)
  • A child of the deceased may receive monthly benefits if they are age 18 or older and have a disability that was diagnosed before they turn 22.
  • In certain cases, a stepchild, grandchild, stepgrandchild or adopted child may be eligible for benefits.

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Considering the possibility of perishing inside the subzero conditions of a walk-in freezer may be the last thing anybody ever considers, until they’re inside one, alone, and the safety latch that has always worked in the past is not working.  While certainly not a common occurrence, people do die from walk-in freezer accidents. Usually, they are alone and unable to summon help when a safety mechanism fails, trapping them inside the unforgiving cold with no way of getting anybody’s attention and nobody coming to help them until the place of business opens the following morning.

The conditions inside a walk-in freezer are obviously dangerous, but for more reasons than just the cold. Some freezer units utilize dry ice, which gives off carbon dioxide. If the exposure lasts long enough, breathing in too much carbon dioxide can be fatal. It is always possible, though, for a slow and torturous freezing death to occur.

How can this happen in today’s safety-conscious society?

The most recent walk-in freezer incident occurred in March of 2016, when a 61-year-old employee of a hotel in Atlanta found herself trapped and unable to get anyone’s attention. She was found frozen solid the next morning.  Since this tragedy is such an inconsistent and rare occurrence, there is no serious dialogue about how to better prevent these events. The Occupational Safety and Health Administration (OSHA) does mention two standards on the subject:

  • Provide a panic bar or other means of exit inside the freezer in the event that an employee is inadvertently trapped.
  • Always have an accessible exit from a walk-in freezer besides the main door.

Despite these common sense measures, accidents and malfunctions happen. Safety latches can fail and notification systems such as bells, electronic alarms and closed-circuit telephones can go unheard. More comprehensive safety systems might cost a lot of money, so smaller businesses won’t shell out the money to protect against such an unlikely event.

The best way to protect yourself, if you are an employee that must spend time in a walk-in freezer, is to always let somebody know when you’re going to be inside of one, and have them check up on you with a text message or phone call when you’re supposed to be clocked out of work. Alternatively, if cell service isn’t an issue, always keep your phone on you when going into a freezer, so you may call somebody for help. Continue reading

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If you’ve been injured on the job, you’re probably wondering if you’ll be eligible for workers’ compensation and when those payments will begin. Missing even one week of work can be financially devastating for some people. Although workers’ comp is there to protect workers from catastrophic losses following a work-related injury, benefits may not begin for weeks following the injury. In some cases, benefits are delayed for months due to application errors and missing information. Contact a Boston workers’ compensation lawyer to ensure you get the benefits you deserve in a timely manner.

Workers’ Comp Timeline

All workers’ comp cases are unique, but the timeline below will give you a general idea of what to expect after filing a claim for workers’ comp.

  • The injury: This is when the workers’ comp timeline officially begins. The first step is to seek medical attention for your injury. Don’t avoid this step because you can’t afford medical treatment. Without medical evidence, your chance of a successful claim is limited.
  • Report the injury to your employer: Do this verbally and in writing, and keep a copy of the written report for your personal records. At this point, your employer should provide you with a claim form. Fill out the claim form in its entirety and file it immediately.
  • The employer notifies their insurance company: Once you’ve returned the claim form to your employer, they must notify the insurance company of the claim. This will begin the process of arranging medical care and compensation for you.
  • The insurer accepts or denies your claim: The insurance company has 30 days to notify you of its decision. Payments should begin almost immediately following the approval. If your claim is denied, however, you have the option of requesting a hearing to review the insurer’s decision. This is a time sensitive request; you typically have about 60 days after receiving a denial to request a review. The hearing date will generally occur within 30 days of your request, and the hearing officer will make a final decision within 15 days of that hearing.

As you can see, workers’ compensation benefits can be delayed for an extended period of time due to various circumstances. Some of these situations can be avoided with proper planning and attention to detail, other situations require the assistance of an attorney experienced in this complex area of the law. Contact a Boston work injury lawyer today. Continue reading

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Some of the most important jobs that bolster our economy and continue our growth here in Massachusetts and across the country also happen to be the most dangerous. Construction workers, line workers, industrial engineers, miners, farmers, and a thousand different variants of manual laborers all put their bodies into harm’s way in order to perform their important duties and make money for them and their loved ones.  Getting injured while on the job is an unavoidable part of working in a dangerous field. Despite being careful, and despite long lists of safety regulations that are required for employers to follow, accidents will happen. When they do, having mandatory workers’ compensation programs is what separates the United States from less-developed nations, where injured workers may simply be on their own financially.

Employers are required to offer workers’ compensation, and for good reason. If someone is unable to work and collect a paycheck due to an injury sustained at work, that place of employment should take responsibility and step up to help their employee. It’s not just a sign of good faith and morals, it’s the law.

Mucking the gears of workers’ compensation is wrong

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Anybody who has experienced a mild to severe burn can attest to the fact that the pain from a burn is unlike any other kind of pain. You can run it under a cold tap or press an ice pack to it, but you know this is only a tiny and temporary relief. For the most serious of burns, pain may not be an issue due to the nerves being permanently destroyed, but amputation of the burned area is almost certain.  In the United States, unlike some developing parts of the world, burns are easily preventable and survivable. According to the American Burn Association, over 96 percent of burn victims admitted to burn trauma units in 2015 survived their injuries. Of these burns, the vast majority (73 percent) occurred at home. The next leading place of occurrence was at their workplace (8 percent).

Workplace burns can happen from multiple causes, from something as simple as a boiling liquid splashing or spilling to something less expected like maintaining contact with something severely cold or doing work outside – even on a cloudy day – without any protective clothing or sunscreen. Burns can range in severity, from non-serious superficial burns to life-threatening, full-thickness burns that cause permanent bodily damage.

Types of workplace burns

Thermal burns

 Thermal burns are what most people think of when they imagine a typical burn. They can happen from hot or boiling liquids (known as being scalded), open flames or areas of severely high temperature (such as heat escaping from an oven), hot surfaces and explosions. Thermal burns are normally entirely controllable, and can be prevented by wearing protective clothing when near the potentially-dangerous area.

Chemical burns

A chemical burn occurs when a human makes contact with a strong acid, alkaloid, corrosive or caustic material. Chemical burns are notoriously nasty since they can cause permanent and severe damage to soft tissue, especially if the material makes contact with a human eye. Workers most at risk for chemical burns are those that work in industrial fields, especially ones that work with high-strength cleaners or chemicals.  All potentially-dangerous materials should always be properly identified and workers should always wear proper protection when dealing with these types of materials.

Electrical burns

Electrocution from high-voltage sources causes electricity to travel through the body. As the electricity experiences resistant from the tissue, it causes heat and results in electrical burns. Areas of high electricity should always be properly-identified.

Sun exposure burns

Though workers who often work outside may scoff at the notion, repeated and prolonged sun exposure can result in serious burns. Employees working outside should always wear clothing, sunglasses, and headwear that cuts down on direct contact with the sun. Continue reading

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