Articles Posted in Work Injury

Attorney General Martha Coakley’s Office announced last week that an agreement has been reached that will prevent an increase in rates paid by businesses for workers’ compensation insurance in Massachusetts until September of 2012. The Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the organization that oversees workers’ compensation rates in Massachusetts, had proposed a 6.6 percent increase in premiums.

Coakley claims that by freezing these rates instead of increasing them, Massachusetts employers will save up to $65 million. Coakley said “The industry’s request to raise rates could not have come at a worse time for small businesses in Massachusetts…We told the industry that we believed the rate was unjustified and that we would litigate to stop it.” Although the agreement still needs approval from state regulators, President of WCRIBMA, Paul Meagher, said “with the economic recovery just beginning to gain traction, the workers’ compensation insurance industry is willing to assist Massachusetts employers by waiting another year before requesting a rate increase.”

These rates for workers’ compensation insurance are negotiated and set approximately every other year in a hearing before the Commissioner of Insurance. Coakley’s office will also be able to review this year’s insurance data before determining whether a further rate freeze will also be necessary in 2012. Businesses in Massachusetts are obligated to purchase workers’ compensation insurance to provide coverage for workers injured on the job and their lost wages.

If you have been injured at work or have a question regarding a workers’ compensation case, our experienced lawyers can help. Please do not hesitate to contact us for a free consultation.

Sources:

Deal will keep Mass. workers comp rates flat, BusinessWeek, The Associated Press, March 2, 2011
Agreement Leaves Massachusetts Workers’ Comp Rates Flat, Insurance Journal, March 2, 2011 Continue reading

The Philadelphia retail and car service company, Pep Boys, has been charged by the US Labor Department’s OSHA with repeat and serious citations. After an inspection at the company’s Hamden, Connecticut, facility, OSHA found that workers were exposed to numerous work safety hazards, including potential electric shock due to damaged power cords and laceration hazards due to the lack of a safety guard on a grinder. The company was previously charged with similar citations at their Orange facility in Connecticut, and were thus charged with $70,000 for these serious repeat violations. They were also charged with $5,000 for the lack of cover plates on electrical outlets and a snap switch box.

OSHA’s Area Director in Bridgeport, Robert Kowalski, said “The size of these fines reflects the fact that Pep Boys previously was cited for a number of similar hazards at its Orange, Conn., location…It would be to the benefit of its workers’ safety companywide for this employer to determine if similar hazards exist at other stores and to eliminate them if they do.” Here in Massachusetts, Pep Boys has facilities in Everett, Dedham, Salem, Springfield, and West Springfield.

OSHA issues a serious citation when there is a significant probability that death or physical harm could happen from a workplace safety hazard that the employer knew about and/or should have already fixed. OSHA issues a repeat citation when the employer was previously cited for the same or similar violations of workplace safety within the last five years.

If you have been injured at work, feel free to contact one of our experienced lawyers for a free consultation.

Source:

US Labor Department’s OSHA cites Pep Boys for machine guarding and electrical hazards at Hamden, Conn., location, OSHA Regional News Release, March 3, 2011 Continue reading

Paul Newcomb, a Rutland firefighter, was injured on the job while on ambulance duty. He ruptured a disc in his back when lifting a patient into an ambulance on February 2, 2010, and has since been out of work. After an operation to remove the disc and implant titanium rods in his back, his doctors told him that he could no longer work as a firefighter.

Because he was injured on the job while working on an ambulance, the town of Rutland is trying to switch the cost of his salary from the funds of the town to workers’ compensation insurance by arguing that he was working as a paramedic, not a firefighter. In Rutland, and a few other cities in Massachusetts, firefighters are required to work, without a difference in job titles or pay, as paramedics or emergency medical technicians.

Edward Kelly, Interim President of Professional Firefighters of Massachusetts, said that the Rutland officials are “maliciously interpreting the intent of the law which protects police and firefighters who are injured in the line of duty…And to victimize this firefighter and his family is an insult to the firefighters of Rutland and the people of the town.” Newcomb, who says that he would lose about 40 percent of his income before he eventually retires on disability, said that “Of course, I’m looking out for myself and my family first…But I also have to think about all the other firefighters who could be affected by this.”

The issue remains unresolved despite an executive session meeting between the City of Rutland and Newcomb. About 30 firefighters from Worcester, Shrewsbury, Holden, and Rutland, showed up to support Newcomb. Some of these firefighters voiced their opinions and are worried about how the law can be interpreted to mean that they are not covered if working in an ambulance.

With over 25 years of experience representing workers’ compensation clients who have suffered from injuries on the job, our experienced lawyers can help you. If you have a question in regards to a workers’ compensation case and would like a free consultation, please feel free to contact us.

Source:

Rutland firefighter’s injury case has wide-reaching implications, Telegram & Gazette, February 25, 2011 Continue reading

Winter continues to be a work hazard in Massachusetts. A young man who was hired to shovel snow off of the Antico Industrial Park roofs in Waltham, fell approximately 25 feet through a skylight at 108 Clematis Avenue. The young man who is in his early twenties remains unidentified. He survived the fall with only minor injuries and was conscious upon arrival of the emergency crew. He was taken to Beth Isreal Deaconess Hospital.

According to Waltham Fire Deputy Chief, Thomas MacInnis, “Halfway down, he hit a sprinkler pipe, which broke his fall a little, and then he landed on boxes half-full of printed material. That definitely broke his fall, so he was kind of lucky.”

Our experienced attorneys have been working with personal injury and workers’ compensation victims for over 40 years. If you have a question or would like a free consultation, feel free to contact us and speak to one of our attorneys.

Sources:

Man Clearing Snow Falls Through Window in Waltham, WalthamPatch, February 10, 2011
Man falls through skylight while clearing Waltham roof of snow, Wicked Local Waltham, February 11, 2011 Continue reading

On Saturday, January 22nd, the Friends of Jim Young fundraising committee will host an event on behalf of the Young Family at the Moose Lodge in Merrimac. The committee was formed after Mr. Young was severely injured in an electrical accident while working for Georgetown Electric last September.

He was injured after coming in contact with energized wires while working on a pole during scheduled maintenance near 36 Jackman Street in Georgetown. He lost both of his arms due to the accident.

Young spent eight weeks at Massachusetts General Hospital and Spaulding Rehabilitation. Currently, he is receiving physical therapy at Whittier Rehabilitation. Proceeds from the fundraiser will go to the Young family and aid in his recovery.

State fire investigators revealed on December 29, 2010, that a gas explosion which killed an electrician and injured three other workers and two firefighters last July at a Norfolk condominium building could have been prevented by the company in charge of filling the tank.

Workers at the site said they did not smell gas before the blast. That can occur when the chemical that gives propane its distinctive “rotten eggs” smell fades over time. Odorant fade can occur in new tanks or tanks that have run dry and are only partially filled. The 1,000-gallon tank at the condominium construction site had only 200 gallons of propane in it at the time of the explosion.

According to the report, the company that delivered the gas to the condominium project was Energy USA in Taunton. Records show a delivery of 200 gallons on April 29 despite a warning label on the side of the tank that clearly stated the tank should not be partially filled. Energy USA told investigators that only a small amount of gas was delivered because it was a construction area and the gas meters had not been installed.

The family of William Nichols, the 46-year-old electrician killed in the explosion, is planning to pursue a lawsuit against Energy USA.

Source: Report: Mass. blast not the fault of gas company, Boston Globe, December 29, 2010 Continue reading

A Massachusetts state trooper sustained injuries earlier this week after being hit by a car. He was assisting a driver involved in a single-vehicle accident in Fall River and was taken to Charlton Memorial Hospital. The accident occurred on Wednesday at about 6:30am on Route 24 near the Route 79 on-ramp.

Although the driver the officer was helping was also hit by the moving vehicle, no other injuries were reported.

The motorist who hit the trooper has been charged with negligent operation of a motor vehicle. Here in Massachusetts, the penalty is a $250 fine. Negligent operation of a motor vehicle that results in property damage and personal injury in a car accident is a very common tort, and one that our Boston personal injury law firm can assist you with.

Source: Mass. trooper struck by car at accident scene, Boston Globe, December, 8, 2010 Continue reading

On Thursday evening, a state trooper suffered minor injuries after an alleged drink driver hit his cruiser. According to state police, this traffic accident marks the sixth time this year a trooper has been hit by an alleged drunk driver while in a cruiser.

The trooper was headed to work in a marked cruiser when he noticed cruisers with emergency lights heading towards him. He positioned his vehicle in the path of a driver who was fleeing from Milford police, and the driver collided with the cruiser. The driver reportedly jumped out of his pickup truck and was arrested after a brief chase. He refused chemical breath tests and was charged with drunk driving on the basis of his glassy eyes, unsteady feet, and the smell of alcohol.

According to a Milford police report, the driver was charged with operating under the influence (second offense), marked lanes violation, possession of alcohol in a car, failure to stop, and reckless operation of a motor vehicle. If the driver is found guilty of a second offense of OUI in Massachusetts, the penalty is jail time of 30 days to 2½ years, a fine of $600-$1,000, license suspension for up to two years, and a requirement to install your car with an interlock device. It could also result in probation and/or inpatient admission to an alcohol treatment program.

Source: State trooper is sixth hit this year by alleged drunk driver, Boston Globe, October 15, 2010 Continue reading

Last month, a traffic crash near the Thomas P. O’Neill Tunnel injured a Boston police officer while he was on duty. The accident occurred around 8:41am on I-93 northbound, according to a state police spokesperson.

The police offer’s injuries were not believed to be life-threatening. He was taken to Massachusetts General Hospital. No other injuries were reported in connection with the accident, and it was unclear if anyone would be charged.

If you have been injured on the job, then the Boston workplace injury law firm of Altman & Altman may be able to help. Our attorneys can help you recover compensation for lost wages and medical costs. We may also be able to file a secondary claim so that you can recover additional compensation. Contact us to discuss your legal options.

According to the Star Gazette, railroad companies often ship deadly chemicals across the country on a daily basis, yet the companies refuse to publicly disclose exactly what those substances are or how frequently they are transported through certain areas.

A spokesman for the Federal Railroad Administration (FRA) reported that only railroad companies know what cargo is held within the cars. As a result, HAZMAT crews that are tasked with responding to the scene of an accident have no knowledge of the contents of the railway cars.

The spokesperson defended the railroad company’s lack of disclosure, stating that the information must remain undisclosed since it is a “matter of national security.”
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