Articles Posted in Work Injury

Bostik Inc. reported yesterday that they had determined the cause of their plant´s explosion and 4-alarm fire at their adhesive manufacturing plant in Middleton on March 14. They asserted that the explosion which injured four of their workers was due to open valves that let flammable gas permeate throughout the building. In a press release, they reported that “Findings point to a single instance in which two internal valves in an open position appear to have allowed flammable vapors to escape into the building and ignite when exposed to an internal ignition source.”

However, after meeting with Bostik representatives yesterday, state officials and investigators are hesitant to accept this explanation as a definitive cause. State Fire Marshal Stephen D. Coan said Bostik’s explanation is not an official ruling and that the incident is still being investigated: “Our investigators met with the company and other agencies and were able to obtain additional information…But we are not commenting on nor are we confirming the cause as released by the company…”

The continuing investigation into the cause of the explosion and fire is led by State Fire Marshal Coan´s office and local fire officials. The Occupational Safety and Health Administration officials are investigating the plant´s workplace safety. OSHA requires such manufacturing companies to have specific procedures to control the accumulation of flammable and combustible material. OSHA also requires the regular maintenance and monitoring of any heat-producing equipment in order to prevent the accidental ignition of flammable material.

Residents nearby the plant complained of an earthquake-like boom due to the explosion and a strong chemical odor in the aftermath. State Fire Marshal Coan confirmed that shortly after the explosion, the haz-mat team had determined that there was no airborne environmental hazard. Local environmental officials were, however, concerned about the possible chemical contamination to the Ipswich River. The location of the plant is situated close to the Middleton, Peabody, and Lynn town lines.

Workplace explosions affect not only the workers but also the residents that surround the workplace facility. Injuries from explosions are not always limited to on the job site workers. When someone is injured on the job they are entitled to workers compensation benefits. These benefits vary depending on the severity of the injury. In addition, if someone happens to be injured on the job and the injury is caused by a third party, that worker may be able to make an additional claim for damages. If you are not sure if you have a third party negligence claim it may be in your best interest to contact a work injury attorney to fully understand your rights.

In addition as in the case above, when there is an explosion on the worksite often times OSHA is called in to see if there were any safety violations in the workplace. While we do not know what OSHA’s findings will be yet on, their findings can impact an injured worker’s injury claim.

If you have been injured in the workplace, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Sources:

State and company officials discuss Middleton blast, The Boston Globe, May 24, 2011
Bostik Provides Update on the March 13 Incident to Local Agencies, Bostik, Inc., Press Release
Fire Prevention Plans, Standard 1910.39, Occupational Safety and Health Administration
OSHA investigating Middleton plant blast, The Boston Globe, March 16, 2011
4 hurt in blast, fire at factory, The Boston Globe, March 14, 2011 Continue reading

On May 17, 2011, the U.S. Department of Labor’s Occupational Safety and Health Administration reopened the public record on the proposed rule to revise the Occupational Injury and Illness Recording and Reporting Requirements regulation on workers’ musculoskeletal disorders (MSDs). As reported in OSHA Withdraws Two Important Workplace Safety Proposals, OSHA recently in January withdrew the proposed regulation that would reinstate a column on work-related employer injury logs that would have required employers to record their workers’ MSDs.

The proposed regulation would require an employer to check-mark the MSD box on the column in the OSHA 300 log if an employee´s case meets the definition of an MSD and will not change how employers must record work-related injuries and illnesses. For the purpose of the injury logs, the proposed rule would define an MSD as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs that was not caused by a slip, trip, fall, motor vehicle accident or a similar accident.

OSHA met with the Small Business Administration’s Office of Advocacy over teleconference on April 11 and 12 due to their concerns over how this proposed rule would impact small businesses. OSHA has since decided to reopen the record to allow interested individuals to give feedback on the rule.

Dr. David Michaels , Assistant Secretary of Labor for Occupational Safety and Health said “OSHA is eager to hear from the public on this, and every, proposed rule…The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.” OSHA invites the public to submit comments by June 16, 2011.

OSHA expects an estimated 1.505 million MSDs to be recorded annually among 1.542 million affected businesses. They estimate that the combined costs of the proposed rule will be $1.7 million per year.

If you suffer from injuries obtained at work, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Source:

US Labor Department’s OSHA reopens public record on proposed record-keeping rule to add work-related musculoskeletal disorders column, OSHA National News Release, May 16, 2011
Related Blog Post:

OSHA Withdraws Two Important Workplace Safety Proposals
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Massachusetts Attorney General Martha Coakley has announced that a Lynnfield asbestos removal company has been charged with the improper removal and disposal of asbestos in Marblehead, Lynn, and Beverly. Authorities report that David Harder, Jr., age 47, and Julie Rosati, age 51, of Lynnfield, their company named AEI, and Luiz Dias, age 43, an employee of AEI, illegally removed asbestos at many different construction sites, in addition to public buildings and schools throughout Massachusetts.

Harder, Jr. and Rosati were both charged with 12 counts of violating the Massachusetts Clean Air Act, 2 counts of violating the Massachusetts Solid Waste Act, and 4 counts of Evasion of Unemployment Insurance. Harder and Dias were also charged with Filing False Statements for the Protection of the Environment, and Conspiracy to File False Environmental reports. Rosati was also charged with Filing False Statements for the Protection of the Environment.

The removal of asbestos must be performed by a licensed contractor according to the Massachusetts Department of Environmental Protection (MassDEP) rules; however, at the time of this removal, the defendants were not licensed to remove asbestos. In addition to this, they did not notify the MassDEP of the removal dates which contractors or asbestos removal companies are also required to do.

Asbestos is a natural but dangerous mineral fiber that has been commonly used for insulation and fire-retardant manufacturing because it is resistant to heat and decay. However, it can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body causing numerous lung diseases, cancers, and possibly death.

Workplace exposure to asbestos can often be found in the construction industry, the manufacturing of materials containing asbestos, and the car repair industry.

If you have been exposed to asbestos in the workplace or have become ill because of workplace exposure to asbestos, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.
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Sources:

Owners and Employee of Lynnfield Company Arraigned on Illegal Asbestos Removal and Disposal Charges, News Release, Office of Attorney General Martha Coakley, May 3, 2011
Asbestos Resources, Massachusetts Department of Environmental Protection
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Boston Real Estate Development and Property Development Company Guilty of Improper Asbestos Disposal

Chemical Company Agrees to Clean Up and Pay $800,000 for Asbestos in Massachusetts

Construction Halts at Boston University School of Medicine After Asbestos Exposure
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The Office of Attorney General Martha Coakley has recently announced that Maria Oliveira-Soares, a woman from Randolph, Massachusetts, has been charged with two counts of Workers’ Compensation Fraud.

After a referral instigated by the Massachusetts Insurance Fraud Bureau (IFB), AG Coakley’s office began an investigation into Oliveira-Soares’ fraudulent claims for workers’ compensation. According to the investigation, she filed a claim for workers’ compensation in March of 2004 while working for a cleaning company for an injury on the job. She then reported numerous times that she had debilitating pain from her injuries and testified to the Department of Industrial Accidents (DIA) in August 2005 that she was not working because of these injuries sustained. She then reportedly worked for five different employers while collecting compensation and then even filed a second workers’ compensation claim for injuries while working as a nurse’s assistant in October 2005.

During this time she fraudulently collected over $15,000 in claims. A Suffolk Superior Court has arraigned Oliveira-Soares and she is due in court on June 14 for a pre-trial hearing.

Attorney General Coakley commented, “Workers’ compensation fraud puts an undue strain on many businesses leading to higher premiums that ultimately get passed down to consumers.”

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers for legal advice and to find out if are entitled to workers’ compensation.

Source:

Randolph Woman Arraigned in Connection with Fraudulently Collecting Over $15,000 in Disability Benefits While Working, Office of Attorney General Martha Coakley Press Release, April 15, 2011 Continue reading

Western Massachusetts Electric Company (WMECO) is investigating an accident in which one of their employees was electrocuted and burned while working on electrical lines in Pittsfield, Massachusetts. A WMECO spokesperson reported that the Berkshire County man, who remains unidentified, is recovering at Massachusetts General Hospital in Boston but would not provide further information on his condition.

The employee, who is in his mid-40s, was working late Friday morning on a pole behind an empty Patriot Suites Hotel on Dan Fox Drive in Pittsfield late on Friday morning when he was electrocuted by a live circuit. According to the Pittsfield Fire Department, the worker was knocked unconscious upon being shocked and was hanging from his safety belt before WMECO coworkers and the fire department were able to lower him to the ground with a bucket truck. An ambulance then took him to the Berkshire Medical Center before he was subsequently transferred to Massachusetts General Hospital.

As safety advice for the general public, the WMECO recommends never to touch any downed or sagging power lines. Because it is very difficult to tell the difference between a telephone line, cable television line, or electrical line, consider any line to be energized and dangerous.

If you have suffered an electrocution accident on the job or have been injured at work, contact one of our experienced Massachusetts workers’ compensation lawyers for a free consultation.

Sources:

‘Fairly serious’ burns for utility worker, The Berkshire Eagle, April 17, 2011

Safety, Security and Lighting, Western Massachusetts Electric Co.
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The Massachusetts State Supreme Judicial Court ruled yesterday that the insurance company who fought a claim by a Boston Big Dig worker should not have been penalized for taking the matter to court.

Thirteen years ago, Dante DiFronzo was hit by a car at a Boston Big Dig jobsite when he was running between two work zones at the end of his shift. Although no one has ever denied that he was hit by a car, the thirteen-year-old question is whether or not DiFronzo was still working at the time of the accident. Because Massachusetts State law does not hold employers responsible for injuries while commuting, DiFronzo would only be entitled to workers’ compensation if he were still working and had not started his commute home. DiFronzo argued that he was running to a work vehicle to make a radio call that he was about to leave his jobsite. DiFronzo was able to convince authorities that he was still technically working.

DiFronzo’s insurer, National Union Fire Insurance, took the matter to court and argued that he was running to catch a bus home when he was hit by a car. DiFronzo in return tried to file additional penalties against the insurer and his lawyer contended that the insurer wrongfully tried to deny his claim. The Supreme Judicial Court ruled that the insurer was indeed justified in questioning whether DiFronzo was still on the job when he was injured and that they should not have to face additional penalties. The end result of Tuesday’s ruling was that DiFronzo received his workers’ compensation but no extra penalties were filed against the insurer for questioning his claim.

If you have been injured in a work-related accident, contact one of our experienced Boston workers’ compensation lawyers to find out if are entitled to workers’ compensation.

Source:

Supreme Judicial Court rules against Big Dig worker, Boston Business Journal, April 12, 2011 Continue reading

A Massachusetts Department of Transportation worker fell into a 20-foot deep shaft in the Ted Williams Tunnel in Boston early on Friday morning. Officials have reported that either a ladder broke or the worker slipped just after 1 a.m. He was reported to have suffered from leg injuries from the fall and also hit his head. Because he fell into a water drainage system, officials were concerned that his wounds could be contaminated from the possible presence of natural gas and thus took necessary procedures to disinfect the worker. The worker was rescued from the hole after being stuck in the shaft for an hour. He has worked for the department for five years and his name was not released.

Firefighter Ronald Cook commented, “It’s like anything else, it’s time consuming, it takes a lot of guys to do, it’s manpower intensive…We had quite a few companies that turned out to do it and everybody did a great job.”

The state Department of Transportation is reviewing their safety protocol and investigating whether or not the 51-year-old electrician was following their set safety standards. Adam Hurtubise, a spokesman for the Department of Transportation, confirmed that they are “…conducting our own review, and if we determine we need to call in OSHA, we will.”

As reported just last week, this work-related fall has happened a week after an MBTA employee fell 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station. He was walking on a plank of plywood that was covering the shaft when he fell through and was stuck for hours before Boston firefighters could rescue him.

If you have been injured in a work-related accident and to find out if are entitled to workers’ compensation, contact one of our experienced Boston workers’ compensation lawyers for a free consultation.

Sources:

Worker rescued from shaft in Ted Williams Tunnel, 7-News, whdh.com, April 8, 2011
Department of Transportation worker’s fall in tunnel sparks probe, The Boston Herald, April 9, 2011 Continue reading

A contractor who was hired to take apart an above the ground pool at a residence in Windham has suffered severe injuries and is in critical condition. Fire Chief Thomas McPherson Jr. reported that, “Preliminary reports indicated that the patient was a contractor who was disassembling an above-ground pool, which had a large amount of ice and water in it, and was being drained…It is believed that, at some point, the metal sides of the pool gave way, striking the patient.”

The victim, Steve Harriman, from Dover, New Hampshire, was reported to have a detached lower right limb just below the knee. He was transported to the Boston Medical Center by a medical helicopter and underwent surgery. He is now in critical condition. Other than the build-up of ice and water in the pool, the cause of this work-related accident has not been determined.

McPherson, who was on the team of responders said, “What we do is prepare the part that has been amputated and take care of that…Hopefully, we can get that person stabilized, get him over to the helicopter, to get him down to Boston, where, hopefully, that limb can be saved and reattached.”

As a victim of a work injury and amputation, an employee is entitled to wage benefits and can also possibly file a claim against the manufacturing company for a faulty product. Employers are obligated to protect their workers from workplace accidents and injuries.

If you have been injured in a work-related accident and to find out if are entitled to wage benefits, contact one of our highly experienced Massachusetts workers’ compensation lawyers for a free consultation.

Source:

Man severs leg in Windham work accident , Eagle Tribune, April 1, 2011 Continue reading

A Massachusetts Bay Transportation Authority employee fell down 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station in Boston early this morning. Identified as Edward Rowe, 46, of Haverhill, the employee has worked for MBTA since he was 18 years old.

According to officials, the accident happened around 4:30 a.m. this morning. Rowe, an electrician for MBTA, was shutting off the power to a Red Line rail at the station. He was walking on a plank of plywood that was being used to cover up the deep shaft and subsequently fell through the hole as the plywood gave way. Rowe was stuck for hours before Boston firefighters were able to lift him to the surface around 8 a.m.

A fire department spokesperson, Steve MacDonald, said that, “The only way to get him out was to hoist him straight up…It’s very tough, confined conditions.” Firefighters ended up rigging a pulley system and lowered a firefighter down to where Rowe was trapped so that he could evaluate Rowe and attach him to a safety harness in order to pull him out. After having to adjust the safety harness so that Rowe was not in too much pain, firefighters eventually were able to safely pull him out.

Rowe is now in critical condition at Massachusetts General Hospital where he is reported to have two broken legs. After this early-morning workplace accident, the MBTA General Manager, Richard A. Davey, requested that all plywood used as shaft covers be removed and replaced with metal shaft covers.

If you have been injured at work, our Boston workers’ compensation lawyers can help you explore your legal options with advice and a free consultation.

Source:

Boston firefighters save MBTA worker who fell 30 feet , Boston Globe, March 30, 2011 Continue reading

After citing a Danvers, Massachusetts, roofing contractor for inadequate guards to protect workers from falling, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has warned all construction employers in Essex and Middlesex counties to take safety precautions against falling hazards. OSHA cited A.C. Castle Construction Co. Inc. of Danvers for potential fall hazards at their residential job site located at 5 Collins Street, in Danvers.

Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties, said, “These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines…Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards.”

The company faces almost $61,000 in fines for 21 citations. They were charged with three repeat citations amounting to $15,200 in fines for falling hazards as high as 19 feet, along with the lack of head protection. Eighteen serious citations were issued with $45,600 in fines for numerous additional safety hazards including exposure to electric shock, frayed electrical lines, lack of head, eye, or foot protection, and for the lack of a competent person overseeing the site who should have been able to identify such hazards.

For all construction and roofing contractors, OSHA provides detailed online information on these mandatory and recommended fall hazard safety topics:

•Employers’ mandatory job to provide fall protection •Criteria and practices of fall protection systems
•Training requirements for employers and employees •Determining roof widths •Guardrail systems
•Fall arrest systems and positioning device systems, such as lifelines that should be connected to the body-belt or harness and attached to anchorage

If you have been injured on a construction site due to your employers lack of safety measures, contact one of our experienced Massachusetts workers’ compensation lawyers for advise on your case and a free consultation.

Source:

US Labor Department’s OSHA urges employers to guard against fall hazards after citing employer at Danvers, Mass., jobsite, OSHA Regional News, March 24, 2011 Continue reading

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