Workers' Compensation

February 6, 2013

Bubble Wrap Saves Falling Boston Construction Worker

A construction worker fell 30 feet off a building but escaped serious injury when he landed on bubble wrap, said a spokesman for the Boston Fire Department.

The 38-year-old-man, whose name hasn’t been released, lost his balance while working on the building at 1959 Commonwealth Avenue in Boston, falling through the wooden planking of the scaffolding, said Boston Fire Department spokesperson, Steve MacDonald.

Firefighters had to cut him free from the bubble wrap. He then went to the hospital to receive treatment for back and shoulder injuries.

The building is currently under construction, and covered in bubble wrap to keep in heat and dust and block winds. “The plastic was covering the entire side of the building and engulfed him,” MacDonald said. “We had to slice the plastic away so the medics could treat him.”

One area resident reported hearing the man fall. “I heard like a crash, sort of, but I didn’t hear any voices after that. I guess it sounded like a rustling of this and a little boom,” said Karli Sultzbaugh.

Sultzbaugh said construction had been going on at the building for a while. “So, I just expected they had been knocking on something. I don’t know if he got tangled up in the plastic and that pretty much saved him from falling onto the concrete, so that’s really good.”

Federal safety officials are now investigating the incident. Representatives of OSHA, the federal agency that oversees workplace safety, arrived at the construction site later that day to inspect the building. At the moment, investigators aren’t sure where the man was standing before he fell, and don’t have much information about the company responsible for the construction.
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December 5, 2012

Research Indicates Older MA Workers Not a Drain on Workers’ Compensation

by Altman & Altman

Research shows that older Massachusetts employees are not necessarily more of a drain on the workers’ compensation system than younger employees.

A recent report from the National Council on Compensation Insurance stated “there is growing evidence that an aging workforce has a far less negative impact on workers compensation claim costs than might have been thought.”

The study found that costs for workers age 35 to 65 tend are be quite similar. Duration, treatments per claim, benefits per day, and costs per treatment are all similar for people in this age range. Costs for people age 35 and younger are lower, but older employees’ higher wages and in turn, higher premiums, offset this difference. Older workers have more costly injuries, but those injuries are becoming more prominent for younger workers.

NCCI explains that our physical and mental performance deteriorates as we age, but at a much slower rate than many assume. The report cited an earlier study that looked at three measures of performance: long-distance running, sprinting, and chess. For individuals age 35 to 65, the deterioration rate is 27% for a long-distance run, 19% for a sprint, and only 6% for chess.

Employers are also taking extra measures to keep their employees safe on the job site. Vulcan Materials Company changed the location of water tanks in delivery trucks, moving them from the top to the side, to make them easier to fill. It has also decreased the weight of chutes used for dispensing concrete. Harley Davidson provides trainers to treat aches and pains between shifts, and Duke Energy Corporation has a stretching program for its employees.
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December 3, 2012

Whistleblowers Protected Under New Legislation

by Altman & Altman

President Barack Obama enacted legislation last week that gives protection to federal employees who expose fraudulent operations, wastefulness, and abuse in federal government operations. This new law has been the end result of a thirteen-year push by advocates of whistleblower rights, who sought to eliminate loopholes created by various court rulings which stripped protections for federal whistleblowers. One of the loopholes eliminated by the law said that whistleblowers were only protected by the law when they were the first to report misconduct.

The new law expands the rights of whistleblowers and brings ease and clarity to certain protections, making the process of punishing supervisors who attempt to retaliate against government employees easier. It also allows whistleblowers to challenge the consequences of government policy decisions which was never allowed before. Additionally, the law will clarify that whistleblowers have the right to communicate with Congress, a question that was formerly unresolved.

The law also gives specific protection to some employees, like government scientists and researchers who are the victims of censorship restrictions. The employees of the Transportation Security Administration would also be protected under this law as they were not previously.
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November 28, 2012

Office Injuries May Warrant Massachusetts Workers’ Compensation

by Altman & Altman

While working at an office may sound like one of the safest places to have a job-free from the dangerous hazards faced by someone working in construction or another type of employment that exposes him/her to unsafe conditions on a daily basis-serious work injuries can still result. Unfortunately, many injured office employees don’t realize that they may be entitled to Massachusetts workers’ compensation benefits. Rather than avail of these benefits, they end up unnecessarily spending from their own pockets for medical care and rehab.

Examples of Common Office Accidents:

Fall accidents: These may range from Boston slip and fall accidents on wet floors to trip and fall accidents over a power cord, an open desk drawer, or loose carpeting. Step and fall and stump and fall accidents can also happen.

October 19, 2012

Physician Dispensing in Massachusetts Impacts Workers’ Compensation System

by Altman & Altman

Does your doctor ever try to provide you with your prescription medication right in his office, saving you the time and hassle of going to the pharmacy? Many doctors today offer their patients the convenience of buying their medications directly after their visit and patients tend to appreciate this additional service. This process is known as physician dispensing, and is not highly regulated in Massachusetts. Doctors and outside companies are benefiting from this lack of regulation, as they can charge insurance providers more than the normal rate for these prescriptions and create more debt for these insurance carriers.

Patients may be unaware of the effect that this additional service will have on their insurance providers, however. So for example, a woman who complains of heartburn may go to her doctor and her doctor may prescribe Zantac. The doctor will then provide Zantac directly to this woman, and send the bill to the company that provided him with the medication. This company will then pay the doctor about 70% and then file a claim with the insurance carrier to obtain the full amount charged, which in this instance might be about $3.25 per pill. If the woman had chosen to go to the pharmacy and get her prescription filled there instead, the insurance company would have paid a claim for about 35 cents per pill. The doctor is not the only one who will benefit from the woman buying Zantac at his office. The company that help him set up his in-office pharmacy as well as the drug provider will also profit from this one sale.

How Does This Affect Workers’ Compensation?

Workers’ compensation is not very different from insurance companies, as it provides insurance for injured workers. Since there are no laws in Massachusetts to tightly control physician dispensing, companies who provide medications to doctors can file claims for medications at any rate and these rates are much higher than what a pharmacy would charge. Not only will pharmacies lose business but funds from the workers’ compensation system will be drained by such practices. As health care bills continue to rise, it is every day people who will be hit with the higher insurance premiums and related costs. Employers will feel payment increase to drug providers as well, as they pay into the workers’ compensation system.
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October 17, 2012

Recently Published CompScope Report on Workers’ Comp includes Massachusetts

by Altman & Altman

Considering the dangerous work environment, labor-intensive workers often wonder if going to the job is worth it. Workers can get injured easily in places such as construction sites and warehouses. Many states recognize the efforts of their laborers and work hard to make sure that the workers’ compensation systems that they have in place are effective enough to help injured workers get back on their feet.

What are Workers’ Compensation CompScope Reports?

Workers’ compensation is a form of insurance which provides “benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence.” Benefits can cover lost wages, medical expenses and compensation for economic loss for family members as well as other benefits for loved ones if death of a worker occurs. Massachusetts is the home of the Worker’s Compensation Research Institute (“WCRI”), a not-for-profit research organization, provides information about public policy issues involving workers’ compensation to assist others in improving the existing systems.

The WRCI periodically issues CompScope reports to compare the performance of 16 different state’s systems for workers’ compensation to “help policymakers and other benchmark system performance and “provide an excellent baseline for tracking the effectiveness of policy changes and identifying important trends.” Reports generally track responsiveness to a claim, average total cost per claim, average payment per claim for certain categories and duration of temporary disability. Payments per claim can be made for temporary disability benefits, permanent partial disability benefits, lump sum settlements, vocational rehabilitation use and costs, and benefit delivery expenses. The most recent published report compares the performance of the following states: California, Florida, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, Pennsylvania, Texas, Virginia, Wisconsin
These states “represent nearly 60 percent of the nation’s workers’ compensation benefit payments.” With the recession, this report is useful by policymakers to see how the economic climate has impacted workers’ compensation systems across the United States. Even the workers’ compensation system in Massachusetts has been affected by the recession and their data is included in the report. Analysis of the report shows that the average costs of workers’ compensation claims has lowered in Massachusetts.
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October 11, 2012

Construction Worker Injured on Brighton Job Site

by Altman & Altman

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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October 8, 2012

Worker’s Compensation Benefits for Families of Deceased Workers

by Altman & Altman

Being injured at work is an event that can dramatically change someone’s life, as well as the lives of their loved ones. Workers’ compensation provides benefits to workers who are injured on the job, which helps them pay for medical expenses and other financial burdens associated with not being able to make an income.

Learning about the death of a loved one is a traumatic experience, but what is even less comforting is knowing that you will not be able to manage the bills on your own during this difficult time. Fortunately, the government offers benefits to the family members of a deceased employee through Massachusetts’ workers’ compensation and social security programs.

Worker’s Compensation for the Deceased?

The state of Massachusetts recognizes that receiving compensation at a time when you are emotionally and financially distraught is essential to help you through this ordeal. By law, employers are required to provide workers’ compensation survivor benefits to the significant others and children of workers who died due to an injury that occurred within the workplace. Workers’ compensation will also provide $4,000 to cover burial costs for the deceased. Benefits can also include weekly compensation, equal to two-thirds of the deceased employee’s average weekly wage, at a maximum amount of $1,135.82. This maximum amount was determined to be the state’s average weekly wage for October 1, 2011 to September 20, 2012. The spouse of a deceased employee will continue to get this benefit until they remarry, and can be eligible to receive a yearly cost-of-living adjustment two years after they have begun to receive benefits.

The Occupational Safety and Health Administration (OSHA) is also here to support families during this difficult time. As of September 30, 2012, OSHA has set forward initiatives to keep families informed while it investigates fatal workplace incidents. OSHA representatives will reach out to families as early as possible in their investigation to “establish relationships with them and give families a point of contact throughout the investigation.” Should the worst occur with respect to a family member at work, it is important to keep in touch periodically with your designated OSHA representative so that you completely understand the process and ensure that you are receiving what is owed to you.
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May 25, 2012

Settlement Reached in Mass. Plant Explosion

by Altman & Altman

The adhesives manufacturer Bostik Inc. has agreed to pay $600,000 in fines as a result of workplace safety citations stemming from a March 2011 explosion at its Boston Road plant in West Peabody, MA. Investigators from the Department of Labor reported that the accident, which was the result of a valve being left open, damaged two nearby buildings and caused nonlife-threatening injuries to four workers at the plant.

The Department of Labor’s Occupational Safety and Health Administration (OSHA), after an initial six-month investigation, had cited Bostik for a number of violations of federal safety requirements and procedures. It concluded that the most worrisome of these were the “serious deficiencies” in the company’s process safety management program-a comprehensive document required of companies that have more than 10,000 pounds of hazardous materials on-site. Bostik has said it is now taking steps to correct these deficiencies.
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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