Wrongful Death

August 29, 2013

OSHA Proposes New Rule to Protect Workers from Toxic Silica Exposure

The U.S. Department of Labor’s Occupational Safety and Health Administration filed a petition last week intended to reduce the instance of chronic respiratory illness and cancer among U.S. workers. The plan seeks to lower worker exposure to crystalline silica, a toxic particle that kills hundreds of workers and sickens thousands each year. OSHA’s proposed rule includes two separate standards-one for general industry and maritime employees and one for employees in the construction industry.

Currently, OSHA enforces a rule dated 40 years to regulate permissible exposure limits (PEL) for silica exposure, which is inconsistent between different work industries. The proposed rule would bring these PELs up to workplace standards and into the 21st century; greatly lowering the amount of silica exposure to workers. OSHA predicts that this new mandated policy would save nearly 700 lives per year and prevent 1,600 new cases of silicosis annually.

What is Crystalline Silica and Where Is It Found?

Crystalline silica is a micro component of soil, sand, granite, and other types of materials. Quartz, cristobalite, and tridymite are three types of crystalline silica. When materials containing crystalline silica are grinded, cut, or drilled the particles become respirable-sized. Crystalline silica is considered a human carcinogen, and can cause a variety of respiratory issues including lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease. When inhaled, crystalline silica causes scar tissue formation on the lungs, and debilitates the lungs’ ability to absorb oxygen. Silicosis, aside from being incurable, can lead to other infectious diseases and debilitating conditions including tuberculosis.

Silica exposure is a threat to nearly 2 million workers in the United States and is most common in construction jobs including abrasive blasting, foundry work, stone cutting, rock drilling, quarry work, tunneling, as well as maritime work. The most common exposures to workers in construction occur during abrasive blasting with sand to remove rust and paint from bridges, and other surfaces, as well as concrete mixing, concrete drilling, brick cutting, and rock drilling.

General industry employees are often exposed to crystalline silica particles from asphalt paving jobs, painting industries, cement and ceramic manufacturing, as well as soap and glass manufacturing.
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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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October 25, 2011

Quincy City Employee Killed When Fixing Traffic Light

by Altman & Altman

A city employee was killed when he was working on a traffic light in Quincy last week. An 18-wheeler truck reportedly hit the bucket truck that Robert DeCristofaro, 58, of Braintree, was working in. Authorities confirmed that it was the impact of the accident that caused him to fall out. He was quickly taken to the Boston Medical Center where he was shortly pronounced deceased.

The Quincy Police Department and the Norfolk District Attorney’s Office both confirmed that the victim was a city employee, but was working in a rented truck. The accident occured at the intersection of Washington and Chubbuck Streets at approximately 10 A.M. on Tuesday morning. The driver of the tractor trailer stopped his vehicle at the scene of the impact and remained in place. Details of the accident are yet to be uncovered and there is confusion over sequence of events. Quincy Police Lt. Jack Sullivan said “Who hit whom where is being determined,” and commented that it was unclear whether the worker was accompanied by another city employee or with a local police detail. He confirmed that a thorough investigation was under way.

District Attorney Michael W. Morrissey said “The chief of our motor vehicle homicide unit is on the scene, and we are working closely with the Quincy Police Department and investigators from the Massachusetts State Police…It is an active and ongoing investigation.” He also commented, “This is a terrible day for the city of Quincy and for his family.”

July 15, 2011

Trash Collector Dies After Falling Underneath Truck in Methuen

by Altman & Altman

A trash collector has died after falling off the back of a trash truck and was run over by the vehicle in Methuen. On the morning of July 12, Keimani Bell, 28, from Dorchester, was working for F.W. Russell & Sons of Somerville, when he grabbed a trash bag from the street, lost his footing off the back of the truck, and fell underneath the vehicle. The truck was backing up at the time of his fall and Bell was subsequently run over. Spokesman for District Attorney Jonathan Blodgett, Steve O’Connell, confirmed that the worker was pronounced deceased at the scene of the work-related accident shortly before 11:30 a.m. O’Connell said the Bell “slipped off the back of the truck as it was going in reverse.”

John Mariano, a witness who lives on the street, commented that he saw the worker at the rear of the truck grab a trash bag off the street, lose his footing, and then fall backwards underneath the trash vehicle. Mariano said, “The worst part was when I saw him roll under the truck … The driver didn’t know he was under the truck. If he had known he was there, he would have stopped.”

The company has provided trash collection services in Methuen for the past six years. O’Connell said there was no indication that the accident was in any way intentional and that no charges have been filed. The name of the trash removal vehicle driver has not yet been released. The city’s public works director, Raymond DiFiore, who oversees the city’s trash collection, commented that he could not remember any accidents involving F.W. Russell & Sons trash trucks in the past six years since they had been employed by the city.

The accident is being thoroughly investigated by local police and state troopers who specialties are accident reconstruction and truck safety, in addition to troopers from District Attorney Blodgett’s office. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated.

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

Sources:

Trash collector dies after being run over by truck in Methuen , The Boston Globe, Eagle Tribune, July 13, 2011
Trash collector dies after fall from truck, The Boston Globe, July 14, 2011
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Mansfield Factory Worker Injured by Forklift
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July 11, 2011

Street Cleaning Machine Accident Leaves Operator Dead; OSHA and State Police Reconstruction Team Investigating

by Altman & Altman

In a July 5th work-related accident, a 58-year-old street sweeper from Penacook, New Hampshire, was killed in his street sweeping vehicle at an intersection in Norwood, Massachusetts. According to David Traub, spokesman from the Norfolk County District Attorney’s Office, the street cleaner, Patrick J. MacDonald, was killed after getting trapped in the street sweeping machinery. David Procopio, State Police spokesman, said that MacDonald appeared to have been doing repairs on the machine when he became entangled into the container that holds debri.

Norwood Fire Department spokesman George Morrice confirmed that paramedics who arrived at the scene pronounced MacDonald dead. The State Police Collision Analysis and Reconstruction team were called to the scene to investigate. The Occupational Safety and Health Administration (OSHA) is also investigating the accident to determine whether or not workplace safety standards were violated. OSHA inspections must be completed within 180 days, involve an onsite inspection, interviews, record reviews, and any required testing.

OSHA Spokesman Ted Fitzgerald said that if the administration did find that the accident occurred due to safety violations, then the company would be cited and likely fined. If a violation is cited as serious, the fine could be up to $7,000. OSHA issues a serious violation when death or serious physical harm could likely result from a hazard that the employer should have known about and failed to fix. If the violation is cited as a willful violation, the fine to the company could be up to $70,000. OSHA issues a willful violation, the most serious of violations, when the employer knows that a hazardous situation exists and intentionally makes no attempt to fix it. MacDonald was working for an Everett-based sweeping company called Bay State Sweeping.

Although this fatal accident is still under investigation, many questions arise from the circumstances of the accident as it could have occurred due to operational error or due to a hazard that the employer could have prevented, such as a lack of training. Another possibility is that the sweeping machine malfunctioned, entitling the deceased family to a Massachusetts Defective Products Liability Lawsuit. There are many unknowns about this case. From afar, there may be a defective product claim, but that would likely require the hiring of an expert or numerous experts. The issue of proper training is another avenue that an attorney will look at to see if that may have contributed to the accident. Additionally, knowing if that machine had similar problems in the past or any other operational issues in the past would be important, just as knowing when the last time that machine was inspected. These are just a few issues an attorney would look at. There may be many others that are not apparent right now but may be important as the investigation unfolds.

If you or your loved one has been injured in the workplace, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer soon after the accident.

Sources:

Worker killed in street sweeping accident in Norwood, The Boston Globe, July 5, 2011
Related Blog Posts:

OSHA Cites Somerville Commercial Laundry Service After Employee Injury

Bostik Inc. Provides Cause for Plant Explosion and Worker Injuries in Middleton, Officials Continue Investigation

Mansfield Factory Worker Injured by Forklift
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May 24, 2011

Massachusetts Court Decision Could Influence Contractor and Subcontractor Liability

by Altman & Altman

An important decision has recently been made by a Massachusetts Chief Justice who has ruled that the wife of a deceased Massachusetts construction worker can sue the contractor who oversaw a construction site where her husband was killed and son was injured, despite the fact that the contractor has already paid workers’ compensation benefits.

In a 2005 Plum Island construction accident, Timothy Wentworth and his son were working for a subcontractor on a residential jobsite when the waterproofing material they were spraying exploded after a pilot light inside the house ignited. Timothy Wentworth died from his injuries sustained and his son, Ezekiel, sustained serious and disfiguring injuries.

The subcontractor they were working for was Great Green Barrier Co., a company from Maine that did not carry workers´ compensation insurance despite state requirements. The contractor who oversaw the job and subcontractor was Henry C. Becker Custom Building. Becker did carry workers´ compensation insurance and was thus obligated to pay benefits under Massachusetts law. Timothy Wentworth´s widow, Cheryl Wentworth, and Ezekiel, agreed to the settlements and were paid worker’s compensation by Becker in 2007.

Cheryl Wentworth also filed a civil lawsuit against Becker, accusing them of her husband´s death and son´s injuries due to the contractor´s negligence. Wentworth´s claim was initially refused as the court ruled that the accepted payment of worker´s compensation served as a release of all claims arising from the incident and that the contractor was immune from the family suing for a civil claim.

However, just this week, a Massachusetts Chief Justice has reversed the lower court´s decision and has enabled the Wentworths´ claim against the contractor to proceed in civil court. Chief Justice Roderick L. Ireland wrote in the court´s decision: “We conclude… that suits are not barred against general contractors that were obligated… to pay workers’ compensation benefits of the uninsured subcontractor’s employees… In sum, the immunity does not apply to the defendant (Becker).”

If you or your loved one suffers from injuries or death due to a work accident, it is best advised that you contact an experienced Massachusetts workers’ compensation lawyer.

Source:

Massachusetts Court Allows Workers’ Suit Against Contractor, Claims Journal, May 23, 2011
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March 22, 2011

OSHA Cracks Down on Rise of Grain Equipment Deaths

by Altman & Altman

Following the death of a 20-year-old worker in Ohio last September, the U.S. Department of Labor’s Occupational Safety and Health Administration has drawn national attention to grain storage facility deaths. After inspecting Gavilon Grain LLC, OSHA charged this company with over forty citations and $465,500 in fines for safety violations at their three Ohio facilities in Morral, West Jefferson and Harpster .

OSHA’s Assistant Secretary of Labor, Dr. David Michaels, explained that this death, in which the employee got caught in a discharge auger when cleaning out a grain bin, should have been avoided: “This tragic death could have been prevented had the grain bin owner and operators followed occupational safety standards and learned from the tragedies that have occurred at other grain bins…Grain elevator owners and operators must implement well-known safety practices to prevent workers from being hurt or killed in a grain bin.” Purdue University researchers report that approximately 25 workers in the U.S. were killed in grain equipment last year and that 2010 saw the highest number of grain deaths since they started collecting this data in 1978.

Because the number of deaths related to grain processing is on the rise, OSHA sent a notification letter in February 2011 to grain storage facility operators warning them of grain equipment safety standards. OSHA explains that entrapment deaths occur due to employer negligence, poor safety practices, and non-compliance with OSHA standards. Michaels said that “OSHA will not tolerate noncompliance with the Grain Handling Facilities standard…We will continue to use our enforcement authority to the fullest extent possible.”

Although grain equipment deaths are not as frequent in Massachusetts as in other farming states, grain equipment can nonetheless pose a threat to workplace safety and employers should always take action for a safer workplace. Since 2009, OSHA has cited and fined numerous other grain operators nationwide in order to prevent further workplace injuries or deaths due to grain equipment.

If you have been injured in the workplace, please do not hesitate to contact one of our experienced Massachusetts Work Injury Lawyers for advice on a case and a free consultation.

Source:

US Labor Department’s OSHA cites Gavilon Grain for willful, other safety violations following death of 20-year-old worker at Morral facility, OSHA National News Release, March 16, 2011 Continue reading

December 15, 2010

Construction Worker Dies from Head Injuries Sustained During Fall

by Altman & Altman

A New England construction accident resulted in the death of a worker earlier this month. Authorities say the 29-year-old man fell off the Deer Isle Bridge in Maine while working on the bridge. He reportedly fell about 40 feet and sustained massive head trauma. While en route to the hospital, the worker died of those injuries sustained on the job.

The Occupational Safety and Health Administration (OSHA) will be investigating the cause of this workplace fatality.

Here in the Commonwealth, Massachusetts workers have recently been injured by collapsing roofs, falling objects, and other hazards. Those accidents are typically investigated by OSHA, which cites employers who fail to meet safety standards. However, in some cases, injured workers and their families may also be entitled to workers’ compensation, lost wages, and other forms of compensation when employers or other parties are responsible for the injuries.

Source: Man dies in construction accident, WCSH6.com, December 6, 2010 Continue reading

November 18, 2010

Freak Construction Accident Kills Lynn Man

by Altman & Altman

Earlier this month, an accident on a construction site in Salem, Massachusetts claimed the life of a 39-year-old man. He was killed when a bag filled with gravel fell four stories, landing on top of him. Three workers from a Beverly construction company were working on repairing a roof in downtown Salem when one of the bags fell roughly 60 feet.

According to NECN, emergency medical crews were able to briefly revive the construction accident victim before taking him to Salem hospital, where he was pronounced dead.

Firefighters say a bystander across the street saw the bag of gravel falling and tried to prevent the fatal accident. Here in Massachusetts, bystanders who make a good faith effort to assist in an accident, providing emergency care, are protected by Good Samaritan Laws.

Source: Man killed by falling bag filled with gravel in Salem, Mass., NECN.com, November 13, 2010 Continue reading

October 12, 2010

OSHA Fines Paper Mill Following Fatal Workplace Accident

by Altman & Altman

Our Massachusetts workplace injury lawyers have been following various accidents around the country. Last week, the U.S. Occupational Safety and Health Administration (OSHA) announced proposed fines of $75,000 after the death of a worker earlier this year. An investigation of the paper mill uncovered “repeat and serious violations” of workplace safety standards.

A 40-year-old worker died after being crushed between a metal wall and a 5,000-pound roll of paper on a conveyer belt. Inspectors found that the area lacked guards to prevent employees from getting caught between the two objects. In addition, investigators found a lack of eye and face protection for workers performing voltage testing on live electrical circuits, although this was unrelated to the fatal workplace accident.

OSHA requires employers to report deaths on the job within eight hours. Investigators from OSHA will then examine the circumstances surrounding the death to determine if any safety regulations were violated. The maximum penalty is $7,000 for each serious violation or $70,000 for a repeated or willful violation. These penalties do not factor in the cost of an injury or illness or the value of the worker’s life.

Here in Massachusetts, an Athol man was injured at a paper mill in Erving when a 900-pound roll of paper crushed his leg.

Source: Worker’s death to bring fine by OSHA, Buffalo News, October 8, 2010 Continue reading