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The workplace is where millions of Americans earn their livings and is the backbone of American society. Unfortunately, many careers and employers subject their workers to dangerous environments, techniques and tools in order to get the job done.

It can be something as simple yet tragic as a fall from a high platform during the construction of a new office building, or something more complex like tinnitus caused by inadequate or deficient ear protection. Regardless of the injury or severity, as a worker, you have rights.

One of those rights is workers’ compensation, the right to continue earning money despite being unable to perform your work duties. Employees and their loved ones have the right to workman’s compensation for injuries sustained while on the job that cause death, partial or total disability, and disfigurement or loss of function (such as permanent scars). In Massachusetts, workers are entitled to 60% of their weekly wage in disability payments.  In addition to providing proper compensation for workers injured while on the job, employers – big or small – are required to implement a safe working environment and provide adequate safety protocols when performing dangerous work is unavoidable.  Overseen and enforced by the Occupational Safety and Health Administration (OSHA), a branch of the U.S. Department of Labor, these strictly-enforced regulations help ensure that employers keep the safety of their employees paramount.

A recent example of negligence leading to a serious work injury happened on Jan 6th, 2016 in Cambridge, Massachusetts.  A temporary worker was hired through Snelling Staffing Services and placed in employment at the Cambridge Brands Inc. candy factory, which is a subsidiary of Tootsie Roll Industries Inc. The worker had a piece of his left index finger amputated by a candy-wrapping machine.

An investigation by OSHA revealed that: (1) Neither the staffing agency nor Cambridge Brands properly trained the worker with the machinery; (2) That the moving parts of the machine were not properly equipped with safety precautions; (3) That Cambridge Brands did not perform regular inspections to ensure the machine would not run unintentionally and; (4) That Cambridge Brands did not report the amputation within 24 hours of its occurrence, as is now required by OSHA for all hospitalizations and amputations.

As a result, Cambridge Brands was fined $46,000 and Snelling Staffing Services was fined $9,000. Tootsie Roll Industries Inc. was cited for similar violations in 2010 and 2014 in its Chicago location, according to OSHA.

It should be known that any worker asked to perform a duty that can be reasonably, in good faith, seen as overly hazardous maintains the right to refuse that work. In such a situation, employees should alert their employers of their concern and either ask for different work or ask that the hazards be adequately corrected. If the hazard is not corrected or the employer threatens retaliatory action for not performing the work, the employer should contact OSHA immediately. The worker would also have the right to legal representation.  After all, utilizing OSHA to ensure an employer takes responsibility for their negligence is only one part of the story. For somebody injured while on the job, it is essential that they are able to pay their bills and continue to support their loved ones while being unable to work. Continue reading

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Carpal tunnel syndrome is a repetitive stress injury (RSI) caused by the compression of nerves and tendons in the “carpal tunnel” of your wrist. These nerves and tendons allow your fingers to flex. Swelling around the carpal tunnel can result in severe pain, numbness and weakness when performing activities that require the flexing of the fingers and wrist. As with other RSIs, these injuries can become progressively worse over time. Occupations that require extensive typing and writing, for example, can exacerbate symptoms of carpal tunnel syndrome. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Repetitive Stress Injuries and Workers’ Comp

Massachusetts Workers who spend hours at a desk every day, typing on a keyboard and clicking a mouse, have an especially high risk of RSIs, including carpal tunnel syndrome. Although this type of job is often the cause of an RSI, you most likely won’t sue your employer for these kinds of injuries; they are rarely due to negligence. That’s what workers’ compensation is for. Workers’ comp exists to protect employers from being sued for on-the-job injuries they are not responsible for, and to protect employees from loss of income when injuries prevent them from working.

As with most RSIs, carpal tunnel syndrome is generally covered by workers’ comp. However, the burden of proving the injury is work-related falls on the employee. It’s easier to prove that some injuries were suffered on-the-job. For example, if a worker slips and falls off a roof at a construction site in front of other workers, the workers’ comp claim is likely to be fairly straightforward. This isn’t always the case with carpal tunnel syndrome and other RSIs. What if the worker has two jobs that require repetitive movements, or he or she engages in hobbies such as tennis or blogging? Any of these scenarios could also cause carpal tunnel syndrome. If you are suffering from work-related carpal tunnel syndrome, it is crucial to consult with a personal injury lawyer experienced with RSI cases.

Carpal Tunnel Symptoms

Carpal tunnel syndrome can be excruciatingly painful. Occasionally, treatment of this condition requires surgery. Non-surgical treatments include splinting, steroid injections, and diuretics. Symptoms include:

  • Numbness, weakness, or pain in the hand and wrist
  • “Pins-and-needles” sensation
  • Numbness, weakness, or pain that worsens when using the hand or wrist
  • Aching pain in the forearm
  • Stiffness in the fingers
  • Accidentally dropping objects
  • Loss of ability to pinch objects between the thumb and index finger
  • Other Types of RSIs

Carpal tunnel syndrome is only one type of RSI. Other injuries include tendinitis and bursitis, both of which can also be extremely painful and debilitating. Certain factors can increase the risk of developing any type of RSI, including obesity, alcoholism, diabetes, gout, and lack of exercise. Continue reading

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According to recent research by Penn State’s Department of Architectural Engineering, using Cyber-Physical Systems (CPS) will improve construction site safety by observing and evaluating the safety of temporary structures found on construction sites.  Defined by the National Science Foundation, CPS are “engineered systems that are built from, and depend on, the seamless integration of computational algorithms and physical components.”  CPS are predicted to facilitate improvements in capability, adaptability, scalability, resiliency, safety, security and usability in embedded systems, as well as be a spearhead in persistent advancement and competition in the agriculture, energy, transportation, building design, healthcare and manufacturing industries.

CPS has already been implemented in a few of these aforementioned industries, including manufacturing, transportation and healthcare.  The construction industry will be the next area in which CPS will be utilized.  Xiao Yuan, an architectural engineering Ph.D. candidate, performed a study, which examines connecting sensors on structures and virtual models to improve the safety of the majority of construction workers who work on these temporary structures.  Over 75 percent of constructions workers can be found on such structures, which often include sheeting and shoring, temporary bracing or guide rails, soil backfill, formwork systems, scaffolding, the underpinning of foundations, etc.  The inappropriate construction and supervision of such temporary structures is one of the major safety hazards employers and employees, alike, are concerned with today.  According to OSHA’s 2014 report, 899 of the 4,386 worker fatalities in private industry, 20.5 percent, were related to the construction industry.  The most frequent kind of accident was falls on job sites.  OSHA also reported that of its top ten most commonly cited violations in 2015, construction fall protection and scaffolding general construction requirements were placed first and third, respectively.

OSHA has required safety training programs and practices, as well as design, installation, maintenance and dismantling regulations that are designed to decrease the occurrence of such violations.  However, additional steps also need to be taken, ergo CPS.  Specifically, Yuan’s research studies how CPS can foster safer construction and avoid failures of temporary structures by utilizing “virtual prototyping, data acquisition systems and communication networks.”  Yuan compiled her research for use of a mobile application, which provides immediate feedback about construction sites.  “Once there is a problem, our virtual model will know,” Yuan said.  “It’s just like when we feel something if it hurts—the virtual model will feel if there is a problem.”  The app can perform real-time inspections, remote interaction, and forewarn possible structural failures while instantly notifying workers.   Continue reading

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On March 6, 2016, the Occupational Safety and Health Administration (OSHA) began an inspection of Quest Diagnostic Corp.’s Ameripath laboratory in Shelton, CT. The inspection followed numerous complaints from lab employees who claimed to be suffering from headaches, sore throats, and breathing problems.

Following the inspection, OSHA identified multiple violations of its required safety standards. With regard to laboratory safety, OSHA requires employers to implement various safeguards for the protection of their employees, including complete chemical hygiene plans. The OSHA inspection discovered that Quest’s Shelton lab neglected to:

  • Provide an opportunity for employees who displayed symptoms of chemical exposure to receive a medical check-up.
  • Educate lab employees on the signs of exposure to hazardous chemicals, including formaldehyde, alcohols, and acetic acid.
  • Provide proper training on detection of hazardous chemicals.
  • Perform an assessment to determine necessary personal protective gear and equipment for employee use.
  • Train employees on the specifics of the chemical hygiene plan and inform them of its location.
  • Implement the chemical hygiene plan.
  • Ensure that the chemical hygiene plan included directions and procedures for safely separating and removing hazardous chemical waste.

In a recent statement, Robert Kowalski, OSHA’s area director in Bridgeport said, “A laboratory chemical hygiene plan is not a paper exercise. It’s a continuous ongoing process that is key to preventing employees from being sickened by the hazardous chemicals with which they work. Our inspection found several serious deficiencies concerning the Shelton laboratory. For the safety and health of its employees, Quest must ensure that correct and effective safeguards are in place and in use at all its laboratories.”

More Violations

In addition to the above violations, Quest’s Shelton lab also failed to prevent on-site construction workers from coming into contact with hazardous chemicals, post a list of work-related illnesses and injuries, and remove covers from carbon monoxide detectors and sprinkler heads. Continue reading

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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

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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

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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

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You’re at work, lifting a heavy box, when you suddenly feel a sharp pain in your side. Upon further inspection, you find a painful bulge in your lower abdomen. It could be a hernia. What do you do? After a visit to your health care provider, you should consider the cause of your injury. This particular example certainly seems like a “work-related accident,” but is it covered by workers’ compensation?  We have been asked this question a number of times over the years.

What is a Hernia?

When tissue or an organ pushes through weakened muscle, it is referred to as a hernia. There are many different types of hernias affecting everything from the groin to the belly button. The most common hernias include:

  • Inguinal (inner groin)
  • Femoral (outer groin)
  • Umbilical (belly button)
  • Hiatal (upper stomach)

Hernias are often the result of heavy lifting, but certain factors can increase your chances of developing a hernia. For example, obesity and smoking both increase the risk substantially. Even a chronic cough or constipation can lead to a hernia. So how do you prove that your hernia is work related?

How Do I Prove a Hernia is Work Related?

To be eligible for workers’ comp, you have to show that your hernia is a direct result of a work injury. That doesn’t mean it can’t be a pre-existing condition. For example, if you had a minor hernia prior to the on-the-job accident, and the accident aggravated it or made it worse, you may still qualify for coverage. If you believe you’ve suffered a hernia, see your doctor immediately and report the injury to your employer as soon as possible. Your chances of a successful claim will increase if you are prepared.

Presumption Rules for Certain Occupations

Certain occupations, such as police officers and firefighters, are handled a bit differently. In these cases, the responsibility to prove how the injury occurred is shifted to the employer. In these types of jobs, a hernia is presumed to be job related. However, if the employer can prove otherwise, the claim can still be denied. In all workers’ comp cases, there are strict statutes of limitations on when you can file your claim. Don’t delay. Continue reading

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Any type of workplace can be a stressful environment, there’s no doubt about that. But what if the level of stress is abnormally high? What if a life-threatening injury is suffered on-the-job, or a worker gets assaulted by a supervisor or co-worker? Traumatic experiences can result in more than just “ordinary” stress.

Post-traumatic stress disorder is an anxiety disorder that causes an individual to relive the events of a traumatic incident again and again. If you are afraid to go to work, or are overcome by an intense response to traumatic memories from a work-related incident, you may have PTSD. And you may be eligible for workers’ compensation in Massachusetts?

If you have been diagnosed with PTSD, the next step toward collecting workers’ comp is to provide evidence showing the PTSD was caused by a workplace incident. In Massachusetts, mental and emotional disabilities are eligible for workers’ comp. Certain occupations are more commonly associated with high stress and mental health issues, such as PTSD. Examples of these occupations include law enforcement, firefighters, EMTs, and military personnel. Workers in these jobs are more commonly exposed to violent, dangerous, or traumatic situations. But that doesn’t mean you have to be a police officer to be eligible for PTSD-related workers’ comp benefits.

Common Symptoms of PTSD

PTSD is an emotional disorder characterized by a variety of symptoms. The symptoms below are associated with PTSD and can range in duration and severity.

  • Flashbacks of a traumatic event
  • Depression or anxiety
  • Irritability
  • Anger
  • Violent behavior
  • Self-destructive actions
  • Obsessive compulsive behavior
  • Problems with memory and focus
  • Nightmares

PTSD can also result in physical symptoms and sickness. The following medical conditions are associated with PTSD:

  • Severe headaches
  • Stomach ulcers
  • Elevated blood pressure
  • Cardiovascular problems
  • Nausea and vomiting
  • Diarrhea
  • Lethargy and fatigue

PTSD may make an employee unable to work for an extended period of time. For this reason, workers’ compensation benefits may be available. Although MA workers have a right to get workers’ comp for work-related PTSD, the claims process can be highly complex. In addition, obtaining benefits for psychiatric injuries can be especially challenging. Insurance companies are notorious for challenging whether emotional disorders, including PTSD, are actually work-related. Continue reading

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Some job risks are obvious. Construction workers in Massachusetts are at an increased risk for falls, and law enforcement professionals risk their lives every day. But desk jobs? Physical injuries aren’t the only risk associated with the following occupations. High stress and emotional trauma can be equally debilitating.

The Worst Jobs for Your Health

Construction: As one of the most dangerous jobs in the country, even well-trained construction workers are at risk. Among the most serious construction-related risks are falls, electrocutions, chemical burns or inhalation of toxic fumes, and getting caught between objects or surfaces. To dramatically reduce the risk of serious injury or death, protective gear should be work at all times. Thorough and continued training is also essential. Despite their best efforts, construction workers are still at an increased risk for medical conditions such as lung cancer and asbestosis. And roofers and general laborers made the 2013 top ten list for occupations with the highest fatalities.

Service: Firefighters and police officers put their lives on the line to protect the public every day. However, burning buildings and violence aren’t the only risks these service workers face. The emotional toll from working long hours, caring for injured or dying people, and facing dangerous or violent situations on a regular basis, can be too much for one person to take. In addition to being physically dangerous, service jobs are also considered to be among the most stressful and emotionally challenging.

Farming, Fishing and Forestry: Those who love the outdoors may dream of being a professional fisherman (or woman), tilling the fields, or working in the Alaskan wilderness. But these jobs also come with an increased risk of serious injury and death. In fact, farmers, ranchers, loggers, and fishers were included in 2013’s top 10 list of occupations with most fatalities.

Armed Services: This category covers a wide variety of occupations, from fighter pilots to military lawyers. However, all military-related jobs have the potential to involve extended time away from home, long shifts, and the responsibility of protecting the lives of others. In addition to the risk of physical harm, military jobs are among the most stressful jobs in the United States.

Trucking: Truck drivers are at risk for multiple safety and health hazards. Many are exposed to dangerous fumes and chemicals on a regular basis, whether based on the types of loads they are hauling or from exposure while loading / unloading materials at loading docks. There’s also the inherent risk of being on the road, for long hours, in the middle of the night. Fatigue can be a very real problem for truck drivers, as can the risk of being involved in a collision with another fatigued, or drunk, driver. Hearing loss is also a common injury suffered by long-time truck drivers.

Desk Jobs: This deceptively-safe occupation can actually be quite dangerous, especially over the long term. For starters, excessive sitting can shorten our lifespan by years, while simultaneously increasing our risk for diabetes, cancer, and heart disease. Add to that the risk of back and neck pain, carpal tunnel syndrome, and emotional stress, and desk jobs join the ranks of most unhealthy occupations. Deadline-driven jobs, such as held by event coordinators and newspaper reporters, are the biggest offenders, adding an extra level of emotional stress and anxiety. Continue reading

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