Work Injury

September 1, 2016

Are Injured Workers More Likely to Get Fired?

A recent study of U.S. nursing home workers found that injured workers are more likely to lose their jobs within six months of an injury. In fact, when compared to workers without on-the-job injuries, the injured workers had more than double the risk of being fired. Workers with multiple injuries were also more than twice as likely to quit as their uninjured counterparts, making the job-loss figures for injured workers even higher. Contact a Massachusetts Work Injury Lawyer Today.

Most work injuries occur during the first months of a new job. If an injured worker quits or is fired, the risk of being injured again, in the first few months of the replacement job, is also high. This type of job turnover increases the chances of multiple injuries. There is a higher risk that the injured worker will find himself or herself in a similar situation again, within the first few months of the “new” job. Of course, worker protections are supposed to prevent job loss following a work-related injury, but federal and state regulations are not always followed.

Researchers from the Harvard T. H. Chan School of Public Health in Boston conducted a study of nursing home workers. The study analyzed data from over 1,300 workers who were interviewed at four intervals – at the commencement of the study, and again at six months, one year, and 18 months following the commencement of the study. The participants were asked if they had suffered on-the-job injuries within the past six months. Using administrative data from the nursing homes, the team was able to determine the number of workers who had lost their jobs and whether the job loss was voluntary or involuntary.

25 Percent of Workers Lost Job Within Six Months of Work-Related Injury

The study revealed that 30 percent of workers had suffered work-related injuries within the first year of employment, and that approximately 25 percent of those workers were no longer at that place of employment by 18 months. According to Peter Smith, a researcher at the University of Toronto’s Institute for Work and Health, the job loss may be due to several factors. Employers may fire workers because they think they will no longer be able to perform necessary job duties. Employers may also be concerned that the worker will get injured again. “In some situations an employer might not have put in place protections to reduce an injury occurring again, such as removing the hazards that lead to the injury,” said Smith. “While these situations should not be happening within the current workers’ compensation legislation, we do know that they sometimes do occur, in spite of the legislation in place,” Smith said. Continue reading

August 3, 2016

Heat a Serious Danger to Massachusetts Workers

by Altman & Altman

Although the recent heat wave we have experienced here in Massachusetts may not be a hindrance to individuals who work in air-conditioned office buildings, it has significantly affected those who must work outdoors. The National Oceanic and Atmospheric Administration (NOAA) predicts high temperatures and increased humidity to persist throughout the week, especially in the Southeastern region of the United States. The Southwest is expected to continue to have hot but dry conditions throughout the week. Globally, we have experienced record temperatures, with June being the fourteenth consecutive month of record heat, according to the NOAA. These high temperatures may be the perfect climate for a day at the beach, but they are not without consequence for workers. In 2014, there were 2,630 workers who experienced some sort of heat illness and 18 died from heat stroke while at work, according to the Occupational Safety and Health Administration (OSHA).

OSHA explains how hotter temperatures can be hazardous to workers outside. When the outdoor temperature is higher than the body temperature of workers, it becomes more difficult for them to cool off. Typically, the body sweats to in response to excessive heat in order to cool down, but this is only effective if the humidity level is low enough to allow the evaporation of the sweat. Sweating also depletes the body of fluid and salt, which needs to constantly be replenished. When the body cannot cool itself down, heat is stored in the body, thereby increasing the core temperature. As a result of this core increase, Massachusetts workers may experience increased heart rate, inability to focus, and irritability. Fainting and death can occur from heat stroke if the core temperature is not quickly cooled back to a normal degree. In addition to this risk, individuals who are regularly exposed to extreme heat can suffer other heat-related illnesses, such as heat rash and heat cramps, and incidental injuries due to clammy hands, dizziness and burns from hot surfaces. It is important to understand that it is not only the direct consequences of heat stroke that can be hazardous to workers, but also the indirect results. “Heat can kill. And it is especially tragic when someone dies of heat exposure because they’re simply doing their job,” noted Dr. David Michaels, assistant secretary of Labor for Occupational Safety and Health. “We see cases like this every year and every one of them is preventable. Last summer these included a tree care worker in Virginia, a landscaper in Kentucky, a temporary worker on his first day collecting garbage in Texas.” There have already been several deaths this summer that have been attributed to the heat, including a landscaper from Missouri. Extreme cases of heat exposure cause death; nonetheless, many workers become severely ill from the heat. Last summer, there were over 200 reports of workers who required hospitalization after exposure to the heat, and with this recent heat wave, a record number of people have contacted OSHA with questions regarding worker rights and how to respond to the effects of heat. Continue reading

July 28, 2016

OSHA Increases Penalties For First Time Violators

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) is the organization responsible for protecting the health and safety of workers in the United States. After the Occupational Safety and Health Act of 1970 was passed, Congress established OSHA in 1971 to ensure safe working conditions for U.S. workers. One method by which OSHA ensures businesses adhere to health and safety standards is by fining companies who violate these standards. OSHA has just announced that it will be increasing its monetary penalties for companies that violate health and safety standards for the first time in 25 years. Because these penalties have not been adjusted for a quarter of a century, they are expected to increase significantly. Many experts believe the increase could be as much as 80 percent. The new increases will be effective August 1, 2016.

Currently, the maximum penalty for any initial violation, whether considered serious or non-serious, is $7,000. Once the penalties are increased in August, the maximum penalty will rise to $12,471. If a company violates OSHA laws willfully or repeatedly, it can be responsible for maximum penalties of $124,709, up from $70,000. These increases are meant to adjust for the 25 years of inflation that has occurred since the last increase in 1990. In addition to the initial adjustment this year, OSHA now has the ability to regularly increase penalties every year to keep up with the rates of inflation. Unlike most statue violation penalties, which are adjusted for inflation every four years, OSHA and a handful of other federal agencies were not allowed to adjust fines as a result of the Federal Civil Penalties Inflation Adjustment Act. Businesses should now expect annual increases that take effect by January 15 of every year. The goal of these modifications to the act is to keep penalties as financially relevant as possible.

OSHA penalty increases will not go unnoticed by businesses. In the past, the relatively small OSHA fines were discounted as any other cost of normal business. Relative to other, more substantial costs and risks, these penalties have not successfully deterred companies from violating health and safety laws. The heftier fines are expected to be more successful, especially for smaller companies. Experts are hoping that the price hikes will force businesses to make employee safety and OSHA policies a priority. However, some argue that the fines are already high enough so the increase will not offer any more discouragement from violations. Regardless of the consequences of these penalties, businesses should use this time wisely to review and improve their safety procedures. A few tips that can make the revision process efficient and effective are as follows. Note common OSHA citations and determine if your company is at a greater risk for any listed hazards. Completing OSHA-Authorized Outreach training can also ensure your workers have understanding of basic safety. Lastly, complete compliance training for specific hazards and risks your employees in particular may be susceptible to. Continue reading

July 13, 2016

Wall Collapse in Quincy – A Reminder Of The Constant Dangers At Construction Sites

by Altman & Altman

Yesterday afternoon, a wall collapsed at the former Wollaston Theatre in Quincy, trapping two workers under the debris. The two workers were employees of Jamie McGuinness & Sons working on a demolition when the wall collapsed. One worker, 40-years-old, was on a cherry picker and jumped down landing on the rocks below while the other worker, 38-years-old, was already on the ground and was then buried by debris for at least 15 minutes. Quincy Fire Deputy Chief Jack Cadegan made a statement saying he “found the gentleman under three to four feet of bricks and [he] had a steel beam across his chest. The steel beam may have actually protected him somewhat.” Both men were transported to Boston Medical Center with serious injuries but they are expected to recover.

Accidents like this occur somewhat commonly at construction sites due to the various hazards present. The common accidents that occur at these sites include electrocutions, falls, equipment failure, and collapses of unsupported excavations. Too often, injuries and deaths by such methods are preventable. Unfortunately, construction workplace accidents tend to be caused by the sheer ignorance or negligence of construction workers or site developers. One of the more common causes of injuries is structural collapse, most often when buildings or bridges are being erected or demolished. Structural collapse during construction can be caused by excessive construction loading, improper sequencing, temporary material or system weaknesses, and temporary instabilities. There are several warning signs that may indicate potential structural collapse that construction workers should be vigilant of. These signs include: age of the building; cracks or bulges in walls; ability of water or smoke to push through walls that should have solid masonry; and sagging floors and roofs. Construction workers should be aware of these warning signs as well as take addition safety precautions. Most frequently, structural collapses occur in trenching, long and narrow ditches in the ground. These collapses cause dozens of fatalities and hundreds of injuries annually. Construction deaths as a result of trench collapses rose considerably in 2003. OSHA provides some specific safety precautions to consider while working with trenches, including the following: Continue reading

June 23, 2016

Most Dangerous Jobs in America

by Altman & Altman

According to the Occupational Safety and Health Administration (OSHA), 4,821 workers were killed due to work-related accidents and illnesses in 2014. That is the equivalent to 13 deaths per day. Latino and Hispanic workers accounted for a disproportionately large number of those fatalities, with 804 on-the-job deaths. It is common knowledge that construction jobs are among the most dangerous in the country. But what other occupations carry a risk of serious injury and death? Contact a Massachusetts Workers’ Compensation Lawyer Today.

The “Fatal Four” of Construction Jobs

About one-fifth of all worker deaths occur in the construction industry. Within these occupations, the top causes of death are falls, electrocution, being struck by an object, and getting caught in or between an object, in that order. These four types of construction-related fatalities are ominously known as the “Fatal Four”. With so much construction in Boston and throughout Massachusetts it the number of work related accidents is higher here than in many other states.

Beyond Construction

Although construction workers account for the largest portion of on-the-job fatalities, other industries are actually more dangerous. Fishing and logging, for example, are associated with an extraordinarily high rate of death. .

Deadliest Occupations

Below is a list of the most dangerous occupations, in order of their risk of death.

Logging
Mining
Iron and Steel Workers
Roofers
Garbage Collectors
Farmers
Ranchers
Truck Drivers
Construction Laborers
Police Officers

Logging is particularly dangerous because it involves spending long days outside, sometimes in extreme weather, working with heavy machinery and falling trees, often at high altitudes. More than half of all logging injuries are the result of being struck by an object. Along with logging, many other jobs on the dangerous list, including mining, farming, and working with steel and iron, share many risks associated with construction – long hours spent outdoors, and working in close proximity with heavy machinery.

Law enforcement occupations and airline pilots also carry a higher-than-average risk of fatality, but not because of heavy machinery. Police officers have an increased risk of injury due to violent acts. Transportation accidents, including crashes, are a leading cause of fatality for airline pilots. The risk of being seriously injured or killed in a work-related accident is decreased dramatically by taking proper precautions before reporting to work every day. Employers have a duty to provide a safe working environment, appropriate safety gear and tools, and adequate training. Continue reading

June 22, 2016

Massachusetts Work Injuries and the Value of Physical Therapy

by Altman & Altman

In recent years, group health insurers and Third Party Administrators (TPAs) have been looking for inventive ways to provide better and less expensive health services to their customers. This comes at a time when the nation has been spending billions on medical and insurance expenses for employees injured at work. Two Thought Leadership papers were published from PTPN, a national network for independent rehabilitation specialists, that study the positive effects of physical therapy in terms of collective health and workers’ compensation cases. PTPN has led the rehabilitation business since 1985, innovating original payer contracting, quality assurance, outcomes measurement, and pay-for-outcomes (P40) programs. The network includes hundreds of therapy office locations and thousands of physical, occupational, and speech therapists across the nation.

The two papers, one focusing on workers’ compensation payers and one regarding group health organizations, emphasize how innovation can decrease costs of patients while delivering better outcomes for patients. Michael Weinper PT, DPT, M.P.H., and president of PTPN says that these papers illustrate ways to “improve the delivery of health services, but also deliver better outcomes for a wide range of patients at a lower cost.” However, there also needs to be ample providers of physical therapy. Studies have shown that introducing physical therapy early on in a patient’s treatment program can greatly improve patient outcomes, reduce the use of pain medication, improve patient satisfaction, reduce the number of re-admissions and lower medical and insurance costs. A few main key points should be taken away from the PTPN paper, including:

A 2015 Health and Service Research Journal study showed that treating patients first with physical therapy resulted having average costs $4,793 less than patients who were treated with imaging first.
A 2012 Spine study showed that swift recommendation of patients from primary care physicians to physical therapy resulted in reduced use of advanced imaging, surgery, injections, and prescription pain medications resulting in average savings of $2,736.23 less for those who received early physical therapy.
Workers’ Comp Research Institute reported that 65 to 85 percent of injured workers are prescribed an opioid for pain management. However, almost 90 percent of these injuries would be better treated with over-the-counter pain medication and physical therapy.

April 6, 2016

Tewksbury Worksite Explosion Sends One Man to the Hospital

by Altman & Altman

A man was taken to a local hospital with non-life threatening injuries on Monday morning, following a small explosion at a Tewksbury work site. The Tewksbury Fire and Police departments responded immediately. According to the Tewksbury Fire Marshall, the explosion resulted from a fire in a box truck that contained two power washing units. Contact a Massachusetts Workers’ Compensation Lawyer Today.

The incident, which occurred around 8:30 a.m., was heard by parishioners in the nearby Church of St. William. According to St. William’s Rev. Dwight Hoeberechts, the distant explosion sounded like a “little loud boom.”

“It got my attention, it got all of our attentions that something happened,” Hoeberechts said, “One person thought it was a door that just slammed in the church, but I said it was more than just a door slamming.”

April 5, 2016

Fatal Construction Accidents in Massachusetts are on the Rise

by Altman & Altman

In a 2015 study conducted by the U.S. Bureau of Labor Statistics (BLS), construction-related fatalities increased nearly six percent in 2014 compared to the previous year. In fact, at 874 reported deaths, 2014 had the highest total since 2008. Many of these fatalities occur in major cities, such as Boston and New York, due to the nature of building projects in these areas. Skyscrapers are being erected at staggering rates, and the heavy machinery and extreme heights inherent to these projects come with great risk. Contact a Massachusetts Workers’ Compensation Lawyer Today.

According to the BLS, Nearly One-Fifth of Workplace Fatalities Involve Construction Workers

Construction has long held the title of most dangerous occupation, but certain aspects of construction work are riskier than others. Excavating, for example, is one of the more dangerous types of construction due to the risk of ground collapse. Roofing and other high-elevation work always comes with a risk of falling, the most common cause of construction-related fatalities.

March 3, 2016

How to Avoid a Devastating Crane Accident

by Altman & Altman

If you live in Boston – or any city – construction cranes are a common sight. Unfortunately, crane collapses are also relatively common. According to the United States Department of Labor, there are approximately 90 crane-related fatalities in the US every year. The most recent occurred in February in Lower Manhattan, when a 565-foot crane collapsed, killing a man who was sitting in his parked car. In many of these accidents, high winds, inadequate training, or improperly erected cranes are a factor. Contact a Massachusetts Workers’ Compensation Lawyer Today.

OSHA’s 12-Point Safety Checklist for Crane Use

In addition to collapses related to high winds, crane fatalities can also occur when the crane’s boom comes in contact with power lines, when the crane is improperly assembled or disassembled, or when workers are struck by the boom or load. OSHA has created a 12-point safety checklist for construction workers who will be working on or around cranes.

Only qualified and highly-trained employees should operate a crane.
The crane must be inspected by a designated person prior to each use.
The crane must always be placed on a stable, level surface.
Pins should never be unlocked or removed during assembly and disassembly unless the sections are secure and blocked.
The outriggers and barricade accessible areas must be completely extended if they are inside the swing radius of the crane.
Always keep at least 10 feet of clearance between the crane and any electric power lines.
Conduct a thorough inspection of rigging prior to use.
Use the correct load chart based on the current configuration, load weight, and lift path of the crane.
When making lifts, avoid exceeding the load chart capacity.
Before delivering a load, raise it a few inches, hold, verify, and run tests of the entire brake system.
Avoid moving loads over workers at all times.
Follow instructions given by the manufacturer, and all signals.

Crane safety boils down to these three essentials; safe conditions, well-maintained equipment, and proper training. Unfortunately, site conditions that appear safe can actually be riddled with hidden dangers, such as unstable ground and power lines. According to Tom Barth, owner of Barth Crane Inspections of South Carolina, “Site conditions cannot be assumed. They must be verified by an engineer. However, it is the crane operator’s responsibility to ask the site superintendent about any hazards such as utilities, fresh un-compacted fill and more. They may not be recognizable to the eye but could pose a threat of ground failure.” Continue reading

January 28, 2016

Top 5 Massachusetts Work Injuries and How to Avoid Them

by Altman & Altman

There’s no question that some jobs are more dangerous than others, but occupations that appear perfectly safe often have a higher percentage of injured employees. The top five workplace injuries can occur in almost any occupation, from factory jobs to desk jobs. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Overexertion

Overexertion, the number one cause of work-related injuries, is typically the result of ordinary tasks gone wrong. Lifting, pulling, or pushing an object improperly can throw a worker’s body seriously out of whack, even leading to permanent disability. The best way to avoid overexertion injuries is by approaching the aforementioned movements carefully, and by learning the right way to perform these tasks. For example, always lift heavy objects by keeping a wide base of support and squatting down, bending only at the knees and hips. Don’t twist your back as you lift the object. More importantly, keep yourself fit and don’t take on tasks that you are physically unable to do.

Same Level Falls

Same level falls are the second most common workplace injury. These include trip and slip injuries, and can happen anywhere. The condition of the floor is the most important factor to consider, therefore, it’s exceedingly important to report unsafe conditions in the workplace. Same level falls may result from:

Loose carpeting
Uneven flooring
Wet or waxed floors
Cords and cables on the floor
Floor transition areas
Clutter or debris in walkways
Poor lighting

Employees can lower their risk of same level falls by wearing appropriate footwear and keeping shoelaces tied. Business owners should ensure that flooring is safe, and that traffic patterns in the workplace are free of clutter.

Struck by an Object

Getting hit or struck by something is the third most common workplace injury. If you work in construction or another industry with falling debris, such as factory work, it’s crucial to wear a hard hat at all times. Correct storage of items on shelves, proper material stacking, and keeping the workplace free of clutter can reduce the likelihood of falling objects.

Falls to Lower Level

For most workers, falls to a lower level generally involve falling down stairwells or off ladders. For construction jobs and similar occupations, high-level falls can involve falling off scaffolding. Many of these falls result in serious injury or death.

To mitigate the risk of falling from high places, stairwells should have good lighting and handrails should be installed. The stairs themselves should have non-slippery surfaces. Obviously, objects should not be stored on the stairs, and workers should take special precautions when carrying items up and down stairs. Check ladders for safety and stability before use. Workers using scaffolding should always wear personal fall arrest protection. Proper, industry specific training is also essential to the safety of workers in any given field.

Other Exertion and Bodily Reaction

Similar to overexertion, other exertion and bodily reaction injuries usually occur in non-impact accidents. Basically, this means that the worker was not harmed by direct contact with another object. Instead, the injury results from the way a person’s body reacts to a particular stimulus. Situations that can cause “other exertion and bodily reaction” injuries include:

Repetitive motions
Excessive physical effort
Remaining in one position for a long period of time
Unnatural body position.

Your risk of these injuries depends on the nature of your work and your willingness to utilize appropriate safety precautions. Many jobs require repetitive motions, for example, but by taking advantage of work breaks and learning exercises to combat the effect of repetitive motions on your body, you can reduce your risk. Sitting at a computer all day can result in negative bodily reactions as well, so get up at least every hour and take a brief walk around the office. Stretching and moving around as much as possible is helpful in any occupation. It keeps the body warm and flexible, which helps to eliminate many types of injuries. Continue reading