Work Injury

October 11, 2012

Construction Worker Injured on Brighton Job Site

Construction workers have dangerous jobs. When these employees leave to go to work in the morning, they know that there is a significant chance that they may get hurt. A construction worker, who was filling in a trench for sewer pipes in the Boston area, was reminded of this dreadful fact on September 27th. Working on a site formerly known as a Volkswagen dealership, the 49-year old man became wedged in between a small Bobcat machine and a pipe when the Bobcat machine tipped over. It took thirty members of the technical rescue team from the Boston Fire Department to get him out of the property now owned by Harvard University. After forty minutes of being pinned in the trench, the worker was finally removed and may have a few broken bones according to the deputy of the fire department. He was taken to Beth Israel Hospital to be treated for his injuries.

Workers’ Compensation

Construction accidents, like the one mentioned above, occur frequently in the United States. The Occupational Safety and Health Administration (OSHA) indicates that there are a total of 4,206 worker fatalities in the private industry in the year 2010. Out of these fatalities, 774 or 18.7% are attributed to construction sites. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to “prevent workers from being killed or seriously harmed at work” and thereby created the Occupational Safety and Health Administration (OSHA) to set and enforce protective workplace safety and health hazards. According to OSHA, falls, electrocutions, struck by an object, and caught-in/between are the top four reasons why construction workers are injured and die every year.

Workers who are involved in construction accidents are burdened with extensive costs associated with their injuries. Workers’ compensation can pay for such costs in exchange for you promising not to sue your employer. In Massachusetts, workers’ compensation will usually cover your medical costs, disability payments, 60% of your average income (or greater if you become disabled due to your accident), and other compensation (including coverage for permanent disfigurement or scars and loss of function). If you are a construction worker and your injury prevents you from returning to work, you may be able to receive paid-for vocational training to get another job. Immediate family members can recover death benefits if the worker was killed on the job.
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September 10, 2012

Construction Worker injured by falling crane

by Altman & Altman

Just a little over a week ago, on a Friday morning, August 31, 2012, an unnamed construction worker was pinned down by a piece of a crane that rolled off a trailer at Cummings Center in Beverly, Massachusetts. The worker was taken to a nearby hospital at around 10am and released only a few hours later with, thankfully, relatively minor injuries that in no way threatened his life.

According to the account of Peter O’Connor, the Deputy Fire Chief, workers were loading a piece of equipment onto a trailer when it just rolled off and injured the one employee. The man was conscious and communicative when emergency personnel arrived on the scene, and his being taken to the hospital was described as being precautionary for the most part. O’Connor went on to assert that the man was fortunate that a corner of the equipment remained caught on the trailer, keeping it from fully reaching the ground as it fell, thus mitigating the potential harm it could have inflicted.

The crew of workers hails from North Shore Marine in Salem, Massachusetts. They had recently finished a new building at the Cummings Center and only returned on the day to retrieve and remove equipment. Kevin Pelletier, owner of North Shore Marine, averred that all of his employees “are OSHA-trained and certified, all up-to-date on safety training. We put a lot of emphasis on safety,” he continued. “Everyone we work with is our family and friends.”
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September 7, 2012

Papa John’s employees injured in scuffle with irate customer

by Altman & Altman

On Wednesday evening, September 5, 2012, two employees of a Taunton Papa John’s sat outside the front of their workplace, waiting for the police and nursing injuries. The attack on the coworkers, a man, Derek Lauber, and a woman, left the owner of the restaurant, Jonah Siegel, wondering if conducting business in the city of Taunton, with its rising crime rate, was worth the risk anymore.

Siegel owns four other Papa John’s restaurants. But after three years as proprietor of the one in Taunton, he’s beginning to question the true value of the site. Just a few weeks earlier, on August 11, a robber threatened a Papa John’s employee, a little after midnight, with a knife and made off with $1,900 of the restaurant’s money, according to Siegel. In previous months, and on the same street, a bank and a Rite Aid pharmacy were also robbed. But it was merely a small pizza and a soda that sparked the latest incident.

Police responded to the reported assault at around 7:30pm, finding the two injured employees out front and a gaping hole in the store’s front window. Lauber was bleeding from both arms and hands. He was taken to Morton Hospital where he was treated and released.

Sarah Mosher, the restaurant’s general manager, said she arrived just under a half an hour after the police were called. But by the time she showed up, Lauber, who is twenty and works at the restaurant full time, had already been taken to the hospital. He later called Mosher and assured her that, despite all of the blood present, he only needed a few stitches. He was given the rest of the week off to heal.
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September 7, 2012

Fall from ladder leads to serious work injury

by Altman & Altman

Last Friday afternoon, August 31, 2012, a worker who had been doing repairs at Mill Pond Apartments in Littleton, Massachusetts was rushed to Massachusetts General Hospital by helicopter. According to the Fire Chief of Littleton, A. Steele McCordy, the worker, in his thirties, was executing repairs on the building when he fell from a ladder.

Fire and medical personal arrived at the scene at 50 Mill Road at around 1:30pm. The worker was discovered lying on the ground with serious injuries to his midsection. But, at least, he was conscious and communicating with the EMTs as they worked to stabilize him. Yet, because of the nature of the man’s wounds, he was initially transported to St. Anne’s Church. This was where a Boston medflight helicopter met the Littleton ambulance. By the time the worker arrived at Mass General Hospital, he was listed as being in serious condition.

The name and status of the worker is currently unknown. But what may be most disheartening about the work related injury was that it came at the close of Labor’s Rights Week. Secretary of Labor, Hilda L. Solis, issued a statement on OSHA’s website saying that “Making America’s workplaces safe and fair for everyone is the hallmark of Labor Rights Week.” Clearly, there is still much work to be done in the interest of providing safe environments for employees to work in, and the enforcement of those safety statutes.
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September 7, 2012

Employee injury may cost him his eyesight after nightclub scuffle

by Altman & Altman

Early this past Sunday, on September 2, 2012, two men were taken into custody by Springfield police, facing a bevy of charges following the serious injury of a doorman working at a strip club called Mardi Gras. Elvis Bastaldo, 33, was charged with assault and battery with serious bodily injury (done to an eye socket), assault and battery with a dangerous weapon, disorderly conduct, and mayhem. His brother, Juan Bastaldo, 24, was charged with assault and battery, disorderly conduct, and resisting arrest.

Springfield Police Sergeant John Delaney reported that prior to the arrest of the pair, the two men tried to escort a woman into the strip club on Taylor Street who was only eighteen years of age. The club was near to closing and the thirty-four year old Mardi Gras employee at the door refused to let the trio enter. Elvin and Juan Bastaldo also refused to pay the cover charge. After some discord, Juan, Elvin and the woman with them were ordered to leave by the three police officers who were working an extra-duty detail.

After Mardi Gras had closed, the doorman was preparing to escort one of the establishment’s female employees to her car. As soon as he opened the door to exit, the fist of Juan Bastaldo slammed into his face. Officer Thomas Liebel then struggled with Juan in the parking lot of the club while attempting to make arrest. The doorman intervened to assist the officer. During the fracas between the three, Elvin Bastaldo attacked from behind and punched the unsuspecting doorman in the eye several times with brass knuckles. More officers were then called to assist and Elvin Bastaldo was arrested after a brief chase.
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August 7, 2012

Workers with Paid Sick Leave Less Likely to be Injured on Job

by Altman & Altman

According to recent study of health survey data, private sector employees with paid sick leave are less likely to be hurt on the job. The research, which was conducted by the CDC’s National Institute for Occupational Safety and Health in Washington, D.C., found that these workers were “28% less likely to report an occupational injury that needed medical care.” The information was revealed in a statement from Dr. Abay Asfaw, PhD.

The 1993 Family and Medical Leave Act does necessitate that public and private-sector establishments allow for up to twelve weeks of leave to all eligible employees, but it does not specify whether that time must be paid or unpaid. The result of this policy is that employees who are not allotted paid sick leave feel pressured to work through illness because they do not want to lose any income. According to Asfaw’s statement, this could lead to an “increased risk of injury.” The study thus concluded that if fewer people work while they are sick, it could lead to a safer workplace.

The researchers did not that their data was “cross-sectional” and could not effectively establish a cause-and-effect relationship between paid sick leave and workplace safety. However, it is notable for being the first such effort to analyze information representing the non-institutionalized U.S. population. The study used data from the National Health Interview Surveys between 2005 and 2008. The surveys included questions regarding workplace injuries requiring medical care. However, the data was collected only from private-sector employees, as most public-sector workers have paid sick leave.
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April 18, 2012

Massachusetts Senate to Consider Greater Penalty for Failure to Purchase Workers’ Compensation

by Altman & Altman

Under current Massachusetts law, the failure of a business owner to purchase workers’ compensation for their employees is considered a misdemeanor-which carries a fine of up to $1500 or a year in prison. However, some believe the penalty is too light and hope to raise the penalty. According to reports, this week, the Massachusetts Senate will consider a bill that would raise the violation to a felony-which is already the fine for workers’ compensation fraud and carries a fine of up to $10,000, 5 years in prison or 2.5 years in jail. Currently, if a business owner does not purchase workers’ compensation, the state must pay for the compensation from a state trust fund-which comes from employers who do pay for workers’ comp and which reports indicate cost $26 million from the fund in the last 5 years.

As with all changes, however, there is opposition from those who believe the penalty is already high enough. We will update you with the progression (or lack thereof) of the bill. If you have any questions about the bill, its progress, or how it may affect you, feel free to contact an attorney.

Workers’ compensation failure a felony under bill before Senate, BostonHerald.com, April 15, 2012

March 22, 2012

MA Supreme Court makes Positive Decision for Workers’ Comp Disability Benefits

by Altman & Altman

In a recent decision, the Massachusetts Supreme Court found that workers’ compensation disability benefits could, in some cases, be calculated based on the worker’s current weekly earnings at his most recent job-even if that job is not in Massachusetts.

The controlling precedent for the lower court’s decision in this case was Letteney’s Case, where the court held that wages earned outside of Massachusetts could NOT be used to determine current workers’ compensation benefits. In the case at bar, the court reined in that holding-limiting it to cases involving “out-of-State wages earned after suffering latent injuries (such as from exposure to asbestos) that do not result in eligibility for incapacity benefits for at least 5 years.”

Scott Wadsworth, the plaintiff in the case, was certainly pleased. Wadsworth was injured in a metal rolling machine accident (his right hand was crushed) in 1980 while on the job at a Massachusetts corporation. He received benefits for incapacity from 1980-1988. He then started a job in Connecticut. He underwent a procedure to help the pain in his previously injured hand, which only caused further pain, then applied for permanent disability in 2003, arguing that his benefits should be calculated based on his wage rate in 2003 at his Connecticut job. Wadsworth’s rationale was that “he was permanently disabled from a subsequent injury that was a recurrence of his 1980 injury after having returned to work for a period of at least two months.”

February 29, 2012

New England Grocery Store Faces Company-Wide Workplace Safety Violations

by Altman & Altman

A recent complaint filed by the U.S. Department of Labor’s regional solicitor’s office in Boston requests that the Occupational Safety and Health Review Commission orders DeMoulas Super Markets Inc., doing business as Market Basket, to adhere to workplace safety measures. The Tewksbury, Massachusetts-based grocery store chain has more than 60 stores in Massachusetts and New Hampshire.

The request for the entire company to adhere to the department’s Occupational Safety and Health Administration’s safety standards comes after multiple inspections at various store locations in which similar safety hazards were discovered. An inspection of Market Baskets stores in Rindge and Concord, New Hampshire, resulted in citations and fines up to $589,200. An employee of the Market Basket store in Billerica, Massachusetts, was seriously injured in 2007 after an unguarded fall and an employee of the Rindge, New Hampshire store was similarly seriously injured in April 2011 when he fell 11 feet onto a concrete floor from a poorly guarded storage mezzanine.

In addition to multiple fall hazards and recorded fall injuries, employees at the Rindge and Concord stores alone sustained at least 40 recorded hand lacerations between 2008 and 2011. OSHA has found that the company also failed to protect employees in produce, deli, and bakery departments against laceration dangers by not identifying the need for employee hand protection and by not providing any hand protection to employees working with knives, sharp objects, or cutting machines. The company agreed to complete job hazard analyses in all of their stores after being cited by OSHA in 2006, which they have failed to carry out.

Dr. David Michaels, Assistant Secretary of Labor for OSHA, said “Hazardous conditions at multiple locations that expose employees to serious injuries demand a swift and comprehensive corrective response at the corporate level…OSHA insists that this employer completely and effectively eliminate the hazards it never should have allowed to exist in the first place.” He continued to say, “Worker safety is not optional, and it cannot be addressed in a piecemeal fashion. It must be addressed across the board…This employer has the responsibility to safeguard all its employees at all its locations, something it has failed to do.”

If you or your loved one has been injured in the workplace, it is in your best interest to contact an experienced Massachusetts workers’ compensation lawyer.

Source:

US Labor Department files complaint to require DeMoulas Super Markets to address hazards at Market Basket stores in Massachusetts and New Hampshire, OSHA Regional News Release, January 18, 2012
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January 17, 2012

Easthampton Police Officer Faces Forced Retirement After Work Injury

by Altman & Altman

According to Easthampton city officials, a city police officer might be retiring from the Easthampton Police Department against his will. An injury that he sustained while on duty has prevented him from returning to work for over two years. Officer Anthony Covalli, 30, who has been with the Easthampton Police Department since 2004, broke his leg in November of 2009, when he jumped over a chain link fence while he was pursuing a suspect.

Although his expected date to return to work was in May 2010, Personnel Director Raisa Riggott confirmed that he remains out on paid leave. She said “It’s tough because he really wants to get back to work, but he’s had so many complications with his injury.” According to Riggott, Police Chief Bruce McMahon is attempting to involuntarily retire Covalli because his paid leave is “costing the city money.”

Massachusetts State Law mandates that police officers or firefighters who are injured while on duty must receive their full, untaxed wages while they are “incapacitated.” Riggott confirmed that Covalli has been receiving his regular salary since his accident in 2009 and that the law does not currently state any limit on the length of time the officer is allowed to be on paid leave. The base annual salary for Covalli’s position is $49,587; however, he may be receiving additional pay depending on his level of education or training.

A panel of doctors is scheduled to examine Covalli to determine whether or not he should retire due to the injury. Tina Schneider, administrator for the Easthampton Retirement Department, said that if the Retirement Board decides to retire Covalli, he will receive the same retirement package as any other officer who has had to retire because of an accidental disability.

The city´s Retirement Board accepted this request from Police Chief Bruce McMahon to begin involuntary retirement proceedings for Covalli and the department has commenced the paperwork that will be submitted to the state’s Public Employee Retirement Administration Commission to start the involuntary retirement process. According to the retirement administration commission’s guidelines, Covalli has the option to appeal the Retirement Board’s decision in district court within 30 days.

Covalli grew up in and is still a resident of Easthampton. He became a full-time police officer when he was 23 years old after serving in Iraq as a member of the U.S. Marine Corps Reserves for six months in 2006.

If you or your loved one has been injured in the workplace or are facing complications over your workers´ compensation, it is advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Sources:

Easthampton moves to force retirement of injured police officer , www.gazettenet.com, January 14, 2012
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