Articles Posted in Wrongful Death

The parents of a worker who died in a construction site accident on I-495 in Lawrence, Massachusetts are campaigning for rules to improve workplace safety and prevent future accidents. The mother of Robert Augeri says that her son’s death could have been prevented if the truck that ran him over had been outfitted with rear motion sensors and other safety devices.

The proposed law, called Rob’s Law, would require trucks to have those and other safety device like day/night rearview cameras. Augeri is hoping to persuade lawmakers to pass the law in Massachusetts and New Hampshire. Eventually, the goal is to make it a federal mandate.

After the fatal construction site accident, OSHA cited two of the companies involved in the accident. Lewis Maynard Trucking, which was the subcontractor who employed the man the driving the truck, was cited for failing to start and maintain an effective safety program. Brox Industries, which employed Augeri, was cited for failing to ensure that its safety program dealt with directing traffic in areas where workers were on foot and for failing to make sure employees were properly trained.

Parents of I-495 victim seek tougher workplace safety rules, The Eagle-Tribune, June 3, 2009 Continue reading

Although the US Attorney’s Office dropped all 10 charges relating to the 2006 accident that killed a Jamaica Plain woman as she drove through the Big Dig construction project, Modern Continental Corp., the largest Big Dig contractor, still faces 39 federal charges of overbilling and construction defects on the project. The contractor pleaded guilty last week, and its lawyers added that the ceiling collapse was the result of another company supplying the wrong epoxy for ceiling panels.

In December, the epoxy vendor agreed to pay $16 million to Massachusetts and Boston to resolve the criminal charges. According to the Boston Globe, prosecutors were not available for comment.

Modern Continental faces criminal fines up to a half million dollars on each of the 39 counts; however, lawyers noted that the company sought the shelter of the US Bankruptcy Court three days after the criminal charges were filed last summer because they do not have the money to pay the fines.

Big Dig contractor Modern Continental pleads guilty, Boston Globe, May 8, 2009 Continue reading

One year after a tanker truck exploded on I-91 at the Chicopee Curve, killing the truck’s driver, the environmental clean-up of the truck accident is ending.

The Massachusetts Department of Environmental Protection oversaw the clean-up project, and their primary concern was preventing groundwater contamination and runoff from the thousands of gallons of gasoline that spilled from the exploding tank. Crews spent nearly a year working down the side of a highway bridge and removing contaminated soil from the site.

In addition to cleaning up debris and contaminated soil following the fatal truck accident, crews are also working to improve interstate 91 and prevent future accidents. The construction project includes replacing the guard rails at the Chicopee curve and repaving the road.

Environmental cleanup from tanker crash, WWLP.com, March 30, 2009
I-91 tanker crash, a year later, WWLP.com, March 27, 2009 Continue reading

Last September, a demolition worker died at the site of a Walmart in Walpole, Massachusetts. Originally from Brazil, the 47-year-old worker was killed around 1am when the lights went out and the worker touched a live wire.

The United States Occupational Safety and Health Administration has cited and fined the worker’s employer for seven serious violations. According to OSHA, the company failed to implement an accident prevention program that included regular inspections by a competent person. It also failed to educate its worker about potentially unsafe conditions.

The electrical company has also been cited for six serious violations of the OSH Act. According to the citations, the company allowed workers to work near electric power circuits but did not ensure the power circuits were properly deenergized and grounded. Fines for both companies total more than $15,000.

The executive director of the Massachusetts Coalition for Occupational Safety and Health said of the incident, “any company that employs workers in demolition work in the middle of the night with a comprehensive safety plan is asking for an accident.”

Walmart subcontractor fined $15,000 following Somerville worker’s death, WickedLocal.com, March 10, 2009 Continue reading

Following the death of a construction worker from Hidalgo, Mexico, an estimated three dozen people attended a vigil in front of the site of the construction accident to raise awareness about safety on-the-job. The worker was killed in January when a section of a concrete wall fell on him. An inspection revealed that the wall lacked metal supporting bars and proper footings, so all existing construction on the site was ordered to be demolished.

The wall collapse was one of three work-related deaths to occur in the area in recent months. In December, a sanitation worker was killed after a garbage truck backed into him, and in November, a seasonal worker at Wal-Mart was trampled by a crowd of shoppers on Black Friday.

The Immigrant Worker Occupational Health and Safety Committee of the Workplace Project and the New York Committee for Occupational Safety and Health sponsored the vigil to highlight the need for greater attention to workplace safety.

“Unless every worker can work safely, then no worker can work safely,” Suffolk Legislature deputy presiding officer Vivian Viloria-Fisher said. “We have to be concerned that everyone who goes out to do a day’s work, who also is a human being, is protected.”

Federal officials from OSHA are investigating the January construction accident along with the Suffolk District Attorney’s office.

Vigil held for builder killed at construction site, Newsday.com, February 9, 2009 Continue reading

A Massachusetts man stationed in Iraq died recently after someone in his unit backed over him with a forklift. Army officials told the family of Sergeant Kyle Harrington that the forklift accident was under investigation and that his death was “training duty-related” and “non-hostile.” The 24-year old Swansea native was on his second tour of duty in Iraq and was assigned to repair Humvees and other vehicles.

When dealing with forklifts and other heavy equipment, it’s important to follow proper safety precautions to avoid death or serious injury. Accidents involving a forklift, scaffolding, welding equipment, on-site explosions, or other hazards can often result in permanent physical, emotional, and psychological damage to the victim. The impact of an accident can also take its toll on the family of the injured worker, who often must support the victim emotionally and financially after a serious accident.

Swansea soldier on duty in Iraq killed in accident, Providence Journal, January 26, 2009
Local soldier dies in forklift incident, WPRI.com, January 25, 2009 Continue reading

On Friday, a Boston construction worker was killed at a construction site in the Financial District. The worker, a 31-year-old male, was struck by a brick about 2 feet in size and died at the scene of the construction accident.

According to a spokesman for the Boston Fire Department, firefighters were called to the construction site at 270 Congress Street around 10:08am. Responders tried unsuccessfully to resuscitate the injured worker, who witnesses say was doing excavation work about 10 feet below the surface.

The construction project was 31-story office tower under development by Boston Properties and Moriarty Construction. Workers are also renovating the Tufts Graphic Art building, which is adjacent to the office tower. The construction accident is under investigation.

Construction worker killed in job site accident, Boston Herald, January 23, 2009
Construction worker killed in downtown Boston accident, Bosotn Globe, January 23, 2009 Continue reading

Earlier this year, Robert Augeri, 31, was killed by a Mack truck while working on a highway paving project on Interstate 495 in Lawrence, Massachusetts. Two companies involved with the fatal highway accident were cited for safety violations by OSHA.

Augeri’s employer, Brox Industries, of Dracut, was cited on October 30 for failure to make sure that its safety program covered directing traffic in areas where workers were on foot and failure to properly train employees. In November, Brox agreed to correct its violations, and OSHA reduced the fine from $15,000 to $10,000.

On November 7, OSHA cited Lewis Maynard Trucking, of Methuen, for a failure to start and maintain an effective safety program. The companies agreed to correct its violation on December 3 and will pay a reduced fine of $900.
Continue reading

Investigators from the Occupational Safety and Health Administration are examining the cause of a construction accident that claimed the life of a 21-year old construction worker. The worker was killed when a concrete pipe rolled onto him in the ditch where he was working to put in a storm drain system for a new housing division.

A representative from the local fire department said the pipe had to be lifted off the worker with heavy equipment. The pipe reportedly measured 8 feet long with a diameter of 30 inches. The construction accident victim was taken the hospital, where he was pronounced dead.

Authorities have confirmed that the worker was not under the influence of drugs or alcohol at the time of the construction accident. The reason for the pipe’s movement is unknown.

Coroner: Man killed at job site not intoxicated, Denver Post, November 13, 2008
Grand Junction man dead in construction accident, KXRM.com, November 13, 2008 Continue reading

Last week a construction accident killed one worker and injured another. Police said that the two workers were putting a roof on a home around 11am when the accident occurred. The placed an aluminum ladder against the house, and the ladder struck something electrically charged.

By the time police arrived at the scene of the construction accident, the victim had already died. Police would not release his name until they had notified next of kin. The injured worker was transported to Fairmont General Hospital for treatment.

The construction accident is still under investigation by engineers from Allegheny Energy and officers from the Fairmont Police Department.

One man killed, another injured in construction accident, TradingMarkets.com, November 5, 2008 Continue reading