Massachusetts Workers' Compensation Lawyer Blog

November 9, 2016

Post-death benefits in a work related tragedy – and availability of Social Security benefits

Prematurely losing a loved one to an accident at work is a tragedy simply unparalleled. If that person also happened to be the primary breadwinner in a family, the shockwaves extend well beyond the personal turmoil that will follow. In addition to the pain of loss, you must now figure out how to continue to support yourself and the remaining members of your family that depend on you. Although nothing will replace the loss of a loved one, there are certain safety nets set up through the government that are specifically meant to address this horrific ordeal. Through the Social Security system, widowers and children of deceased family members are entitled to certain rights, including monetary compensation to account for lost income. Visit www.socialsecurity.gov/survivorplan for more information.

Here are some of the summarized benefits available through Social Security:

General benefits

As you work and pay into Social Security, you earn credits towards post-death benefits. The younger you are when you die, the fewer years you need to have paid into the system. Nobody needs to work for more than 10 years to be eligible for these benefits.
If you have only worked for one and a half years, and you die within three years of starting that job, benefits will be available to your spouse and your children.
A one-time payment of $255 may be available to the surviving spouse. If there is no surviving spouse, a surviving child may be eligible for this payment.

Widows and widowers

Any widow or widower may be eligible for full monthly benefits once they reach retirement age. The retirement age for people born in 1945-1956 is 66. People born after 1962 reach retirement age at 67.
A widow or widower can get reduced benefits as early as age 60
If your surviving spouse is disabled, they may receive benefits as early as age 50.
If a widow or widower is caring for a child of the deceased under the age of 16, or if the child is of any age and disabled, they may be eligible for monthly benefits.
In certain circumstances, a surviving divorced spouse may be eligible for benefits as well.

Children of the deceased

An unmarried child of the deceased may be eligible for benefits is they are younger than 18 (and up to age 19 if they attend school full-time)
A child of the deceased may receive monthly benefits if they are age 18 or older and have a disability that was diagnosed before they turn 22.
In certain cases, a stepchild, grandchild, stepgrandchild or adopted child may be eligible for benefits.

November 4, 2016

Dangers of walk-in freezers in the workplace

by Altman & Altman

Considering the possibility of perishing inside the subzero conditions of a walk-in freezer may be the last thing anybody ever considers, until they’re inside one, alone, and the safety latch that has always worked in the past is not working. While certainly not a common occurrence, people do die from walk-in freezer accidents. Usually, they are alone and unable to summon help when a safety mechanism fails, trapping them inside the unforgiving cold with no way of getting anybody’s attention and nobody coming to help them until the place of business opens the following morning.

The conditions inside a walk-in freezer are obviously dangerous, but for more reasons than just the cold. Some freezer units utilize dry ice, which gives off carbon dioxide. If the exposure lasts long enough, breathing in too much carbon dioxide can be fatal. It is always possible, though, for a slow and torturous freezing death to occur.

How can this happen in today’s safety-conscious society?

The most recent walk-in freezer incident occurred in March of 2016, when a 61-year-old employee of a hotel in Atlanta found herself trapped and unable to get anyone’s attention. She was found frozen solid the next morning. Since this tragedy is such an inconsistent and rare occurrence, there is no serious dialogue about how to better prevent these events. The Occupational Safety and Health Administration (OSHA) does mention two standards on the subject:

Provide a panic bar or other means of exit inside the freezer in the event that an employee is inadvertently trapped.
Always have an accessible exit from a walk-in freezer besides the main door.

Despite these common sense measures, accidents and malfunctions happen. Safety latches can fail and notification systems such as bells, electronic alarms and closed-circuit telephones can go unheard. More comprehensive safety systems might cost a lot of money, so smaller businesses won’t shell out the money to protect against such an unlikely event.

The best way to protect yourself, if you are an employee that must spend time in a walk-in freezer, is to always let somebody know when you’re going to be inside of one, and have them check up on you with a text message or phone call when you’re supposed to be clocked out of work. Alternatively, if cell service isn’t an issue, always keep your phone on you when going into a freezer, so you may call somebody for help. Continue reading

November 3, 2016

How Long Do I Have to Wait for Workers’ Comp Benefits After My Work Injury?

by Altman & Altman

If you’ve been injured on the job, you’re probably wondering if you’ll be eligible for workers’ compensation and when those payments will begin. Missing even one week of work can be financially devastating for some people. Although workers’ comp is there to protect workers from catastrophic losses following a work-related injury, benefits may not begin for weeks following the injury. In some cases, benefits are delayed for months due to application errors and missing information. Contact a Boston workers’ compensation lawyer to ensure you get the benefits you deserve in a timely manner.

Workers’ Comp Timeline

All workers’ comp cases are unique, but the timeline below will give you a general idea of what to expect after filing a claim for workers’ comp.

The injury: This is when the workers’ comp timeline officially begins. The first step is to seek medical attention for your injury. Don’t avoid this step because you can’t afford medical treatment. Without medical evidence, your chance of a successful claim is limited.

Report the injury to your employer: Do this verbally and in writing, and keep a copy of the written report for your personal records. At this point, your employer should provide you with a claim form. Fill out the claim form in its entirety and file it immediately.

The employer notifies their insurance company: Once you’ve returned the claim form to your employer, they must notify the insurance company of the claim. This will begin the process of arranging medical care and compensation for you.

The insurer accepts or denies your claim: The insurance company has 30 days to notify you of its decision. Payments should begin almost immediately following the approval. If your claim is denied, however, you have the option of requesting a hearing to review the insurer’s decision. This is a time sensitive request; you typically have about 60 days after receiving a denial to request a review. The hearing date will generally occur within 30 days of your request, and the hearing officer will make a final decision within 15 days of that hearing.

As you can see, workers’ compensation benefits can be delayed for an extended period of time due to various circumstances. Some of these situations can be avoided with proper planning and attention to detail, other situations require the assistance of an attorney experienced in this complex area of the law. Contact a Boston work injury lawyer today. Continue reading

October 25, 2016

Over 100 Hospitalized in Workplace Chemical Spill

by Altman & Altman

Last week, an accidental chemical spill released toxic gases at a food and beverage manufacturer based in Kansas. The mixture of sulfuric acid and sodium hypochlorite sent more than 100 people to the hospital. Fortunately, none of the injuries were life-threatening. However, two workers were hospitalized due to their injuries.

MGP Ingredients, the manufacturing company responsible for the spill, immediately reported the accident to the EPA. So far, the manufacturer has been cooperating with the investigation and is taking additional precautions by hiring experts to assess their current situation. MGP’s cooperation does not, however, absolve them from any wrongdoing. In this particular case, many workers were harmed. Those workers may have potential claims and lawsuits against MGP. The extent of those claims will vary widely, based on severity of injuries, time off work, and emotional distress.

Symptoms of Toxic Gas Exposure

Exposure to toxic gases is a common hazard in manufacturing plants. Although most incidents are not fatal, exposure to certain toxins can be deadly. When the air we breathe is compromised by the release of dangerous chemicals, health problems can be immediately present, or they can develop over long periods of time. Individuals with pre-existing respiratory conditions, such as asthma or COPD will likely experience more severe symptoms. Common symptoms of exposure to toxic chemicals include:

Trouble breathing, shortness of breath
Dizziness, light-headedness, or faintness
Sudden headache, or prolonged headache that won’t go away
Nausea and vomiting

Of course, all of the above symptoms can be mild or severe, and they can all be related to something other than exposure to toxic chemicals. If, however, you work in a manufacturing or chemical plant and you develop any of these symptoms, seek medical attention immediately. More serious complications from chemical spills include blindness, burns, corneal scarring, cancer, organ failure, neurological disorders, respiratory disorders, and death. If you’ve been harmed on-the-job, contact a Massachusetts work injury lawyer today.

Common Causes of Chemical Spills

Chemical spills can occur for numerous reasons. Some of the most common include:

Improper storage of chemicals
Unsafe handling of chemicals
Ruptures of chemical storage tanks
Improper disposal of chemicals
Failure to comply with regulations set forth by the Occupational Safety and Health Administration (OSHA)

If you work in a manufacturing or chemical plant and notice any of the above hazards, report the problem to a supervisor immediately. If the supervisor does not respond to your concerns right away, contact a Boston workers’ compensation attorney today. Serious chemical spills can affect the environment as well, polluting air, nearby lakes, fish populations, and local water sources. Continue reading

October 21, 2016

Workers’ compensation benefits in Massachusetts, is a right, not a privilege

by Altman & Altman

Some of the most important jobs that bolster our economy and continue our growth here in Massachusetts and across the country also happen to be the most dangerous. Construction workers, line workers, industrial engineers, miners, farmers, and a thousand different variants of manual laborers all put their bodies into harm’s way in order to perform their important duties and make money for them and their loved ones. Getting injured while on the job is an unavoidable part of working in a dangerous field. Despite being careful, and despite long lists of safety regulations that are required for employers to follow, accidents will happen. When they do, having mandatory workers’ compensation programs is what separates the United States from less-developed nations, where injured workers may simply be on their own financially.

Employers are required to offer workers’ compensation, and for good reason. If someone is unable to work and collect a paycheck due to an injury sustained at work, that place of employment should take responsibility and step up to help their employee. It’s not just a sign of good faith and morals, it’s the law.

Mucking the gears of workers’ compensation is wrong

October 19, 2016

The Four Types of Burns in the Workplace –

by Altman & Altman

Anybody who has experienced a mild to severe burn can attest to the fact that the pain from a burn is unlike any other kind of pain. You can run it under a cold tap or press an ice pack to it, but you know this is only a tiny and temporary relief. For the most serious of burns, pain may not be an issue due to the nerves being permanently destroyed, but amputation of the burned area is almost certain. In the United States, unlike some developing parts of the world, burns are easily preventable and survivable. According to the American Burn Association, over 96 percent of burn victims admitted to burn trauma units in 2015 survived their injuries. Of these burns, the vast majority (73 percent) occurred at home. The next leading place of occurrence was at their workplace (8 percent).

Workplace burns can happen from multiple causes, from something as simple as a boiling liquid splashing or spilling to something less expected like maintaining contact with something severely cold or doing work outside – even on a cloudy day – without any protective clothing or sunscreen. Burns can range in severity, from non-serious superficial burns to life-threatening, full-thickness burns that cause permanent bodily damage.

Types of workplace burns

Thermal burns

Thermal burns are what most people think of when they imagine a typical burn. They can happen from hot or boiling liquids (known as being scalded), open flames or areas of severely high temperature (such as heat escaping from an oven), hot surfaces and explosions. Thermal burns are normally entirely controllable, and can be prevented by wearing protective clothing when near the potentially-dangerous area.

Chemical burns

A chemical burn occurs when a human makes contact with a strong acid, alkaloid, corrosive or caustic material. Chemical burns are notoriously nasty since they can cause permanent and severe damage to soft tissue, especially if the material makes contact with a human eye. Workers most at risk for chemical burns are those that work in industrial fields, especially ones that work with high-strength cleaners or chemicals. All potentially-dangerous materials should always be properly identified and workers should always wear proper protection when dealing with these types of materials.

Electrical burns

Electrocution from high-voltage sources causes electricity to travel through the body. As the electricity experiences resistant from the tissue, it causes heat and results in electrical burns. Areas of high electricity should always be properly-identified.

Sun exposure burns

Though workers who often work outside may scoff at the notion, repeated and prolonged sun exposure can result in serious burns. Employees working outside should always wear clothing, sunglasses, and headwear that cuts down on direct contact with the sun. Continue reading

October 18, 2016

Welding Carries Higher Than Average Risk of Injury, Even for Construction Jobs

by Altman & Altman

Welding is an occupation with a higher-than-average risk of serious injury. Welding accidents in Massachusetts can result in burns, loss of vision, respiratory problems, and even death. According to the Occupational Safety Health Administration (OSHA), four out of every one-thousand welders will die from a welding-related injury. Most welding accidents occur at automotive, marine, and construction job sites. These industries are much more likely to use welding than others. If you’ve suffered a welding-related injury, the skilled workers’ compensation team at Altman & Altman, LLP can help.

Common Welding-Related Injuries

Welding injuries can range from minor burns to death. Below are some of the most common injuries reported by Massachusetts welders.

Burns: Welding involves the melting of metals and, therefore, requires the use of extremely high temperatures. For this reason, burns are common injuries suffered by welders. Minor burns are quite common, but severe burns can result in disfigurement, debilitating pain, time off work, and even death. In addition to direct burns to the skin, welding can also lead to widespread fires when sparks created during the welding process cause workshop fires. This is especially dangerous when flammable materials, such as oil soaked rags, are present. There are two types of welding: arc welding and traditional welding. Both have a high risk of fire and burn injuries.

Injuries from toxic fumes: When metal is exposed to extreme heat, it begins to melt. During the conversion process from solid to liquid, gasses are released into the air. These gasses can be damaging if inhaled; injuries can be suffered immediately or over a prolonged period of time. In addition to causing respiratory problems, the gasses can also cause severe damage to the eyes. Eye injuries can still occur when protective eyewear is worn.

Injuries to the eyes: Many welders who have been in the industry for a long period of time begin to develop vision problems. Maintaining a steady focus on the bright lights and sparks emitted during the welding process can cause severe damage to the eyes.

Respiratory complications: Gasses emitted during the welding process can be toxic, and many of these gasses have the potential to cause short term and long term damage.

In addition to the above injuries, welding also comes with the risk of electric shock and hearing loss. Protective gear and adequate training can dramatically reduce the risk of serious injury and death from welding-related accidents. However, this occupation comes with inherent risks. If you have developed any of these injuries or health complications as a result of welding, contact a Boston work injury lawyer today.

October 17, 2016

Massachusetts Scaffolding accidents – Regulations and liability

by Altman & Altman

Constructing a rapidly-expanding modern world requires millions of construction workers performing potentially dangerous work. According to OSHA, around 2.3 million construction workers (65 percent of the entire industry) work on scaffolding in limited or high-frequency capacities. Scaffolding is required to temporarily reach high places while construction is ongoing. Workers must be able to safely construct and navigate scaffolding in order to complete their work duties. As always, the Occupational Safety and Health Administration (OSHA) has a long list of requirements and regulations regarding the implementation, use and safety of construction scaffolding.

The most common cause of death for construction workers in the United States is falls from great heights. Out of 899 construction worker deaths reported in 2014, 359 were caused by falls. A total of 54 deaths were reported specifically as a result of scaffolding accidents in 2009. Protection from falls and scaffolding violations are number 1 and number 3 respectively on OSHA’s list of top 10 most frequently cited violations in 2015.

Scaffolding requirements

October 6, 2016

Boston Seafood Company Sued Following Worker’s Death

by Altman & Altman

Stavis Seafood received 20 safety violations Friday, several months after the death of one of its workers. Brian Caron, a Peabody man and father of two, was fatally injured by an ammonia leak at Stavis’ South Boston plant. According to the Occupational Safety and Health Administration (OSHA), the accident was caused by improper design, operation and maintenance of ammonia equipment. Due to these safety violations, Caron and other employees were exposed to a deadly amount of ammonia.

The fatal accident occurred on March 23 when a pipe on the plant’s second floor burst, sending toxic fumes into the work area. According to a statement released by OSHA, the seafood company failed to properly label ammonia piping, properly ventilate the building to prevent the risk of explosion caused by an ammonia leak, routinely inspect pressure canisters, test ammonia sensors, and ensure that ammonia was properly contained at all times. If you are concerned that your work environment is unsafe, contact a Massachusetts work injury lawyer today.

Stavis Seafood Facing $173,168 in Fines

The OSHA investigation has found that the machine room where workers were stationed and the storage room used to store ammonia were not properly separated. In addition to the lack of a door to separate the two rooms, there were also large holes in the plant’s floor. “The company’s failure to follow industry and OSHA standards exposed its employees to the hazards of an ammonia release as well as falls, electric shock, hazardous chemicals and delayed or obstructed exit from the facility during a leak or other emergency,” reported James Mulligan, OSHA’s acting area director for Boston and southeastern Massachusetts. “It’s clear that Stavis Seafoods must take effective action to correct these hazards and prevent their recurrence so that no other employees are harmed on the job.” And the violations don’t stop there. Stavis was also cited for improper chemical storage and labeling, multiple electrical hazards, and infrastructure issues. As a result, Stavis is facing OSHA-proposed fines of up to $173,168.

Types of Chemical Exposure and Associated Injuries

Chemical-related work injuries can be extremely harmful, even deadly. Ammonia isn’t the only dangerous workplace chemical. Others include benzene, mercury, pesticides, solvents, lead, acids, and paint. Injuries can be suffered due to contact with the skin, inhalation of toxic fumes, and even accidental ingestion. Injuries due to work-related chemical exposure include burns to the skin, eyes, lung or throat, and rashes. Chemical exposure can also cause neurological damage, including nerve damage and brain injuries. Although excessive inhalation is most often linked to brain damage, even skin exposure can have neurological consequences. If you have been harmed on-the-job due to the inhalation of toxic fumes, contact a MA injury lawyer today. Continue reading

October 6, 2016

Construction “High Season” Isn’t Over Yet in Massachusetts

by Altman & Altman

The temperatures might be getting cooler, but it’s still high season for construction work. In fact, with winter weather quickly approaching, many construction projects are kicking into high gear. Construction remains one of the most dangerous industries in the country, but you can dramatically reduce the risk of serious injury and death by utilizing safe practices at all times. It is an employer’s duty to provide a safe work environment. If your employer is failing to do so, discuss your concerns with them. If they refuse to take action, contact a Boston work injury lawyer to discuss your options.

Avoid the most common, and dangerous, construction-related accidents by following the safety tips below.

Construction Safety Tips

Hold routine safety meetings. Depending on the nature of your work, routine can mean weekly or daily. Avoid making safety information too general. The information should be practical and job-specific.

Ensure that workers on the ground are always wearing highly-visible clothing. The brighter, the better.

Hydration is important, even in cooler months. When properly hydrated, we are more alert and have better focus and concentration. Energy drinks and sugary sodas are not a substitute for healthy beverages, such as water, citrus drinks and electrolyte-rich Gatorade.

Don’t let the crisp fall weather fool you; direct sunlight can still be dangerous. If you’re outside all day, exposed skin should be protected. Use sunblock, wide brim hats, long-sleeved shirts, nape protectors, and umbrellas when necessary. In addition to being dangerous, too much sun exposure can also cause fatigue.

Use extra caution during night work. The graveyard shift can be especially dangerous when heavy machinery is involved. Humans are naturally predisposed to lose alertness when the clock strikes twelve. And night crews on road-construction projects have an even greater risk; drunk and fatigued drivers on the road can be deadly. High-visibility gear and reflective fabric and equipment is essential for night work. Vehicle warning strobes and police presence can dramatically reduce the risk of deadly accidents. Make sure adequate buffer zones and cones are in place, and equip spotters with air horns and whistles. If you’ve been injured while doing night work or any other construction-related activity, contact a Boston work injury lawyer today.

Drive and park defensively. All vehicles should be equipped with daytime running lights. When it comes to “following distance”, always adhere to the four-second rule. Before approaching intersections, always slow down. Tell drivers to always look before pulling out, and avoid the need to back out if possible. Remind drivers to never text, talk, or adjust the GPS while driving; distracted driving is deadly. And instruct drivers to set out a warning cone when parking a rig or another large vehicle. The cone lets people know your rig is an attended work vehicle, and they’ll typically park far away to give you extra space.