Massachusetts Workers' Compensation Lawyer Blog

August 14, 2015

Could Your Respiratory Symptoms Be Work-Related?

When a chronic medical condition is a result of your work environment, it may be considered an occupational disease. Any worker in Massachusetts needs to know that any exposures to toxins, poor air quality, and lack of proper ergonomics can all contribute to a vast array of debilitating medical conditions and diseases. Tracing the signs and symptoms back to the work environment can be challenging, as many occupational diseases can also be experienced by the general public. However, approximately 860,000 illnesses and 60,300 fatalities are thought to be a result of workplace environments annually in the United States. Recent studies show that 17% of hospital and primary care patients believe their illness is related to harmful exposure in their place of employment. Of these patients, an estimated 10% are officially diagnosed with a work-related medical condition. Because early diagnosis of many illnesses can reduce chances of disability or death, understanding potential hazards you may be exposed to is important.

Respiratory Diseases

Inhalation of toxins can cause a variety of lung conditions and is a concern in many different industries. Asthma, rhino-sinusitis, and bronchitis are frequently cited as work-related medical issues. Pneumoconiosis is a general, umbrella term referring to various types of reactions to the inhalation of dust. The number of fatalities from pneumoconiosis was 260,000 in 2013.

Asbestosis

Asbestosis is a type of pneumoconiosis caused by extended or intensive exposure to asbestos, a naturally occurring mineral made of long thin fibrous crystals that irritate the tissues in the lungs. Occupational exposure can occur in manufacturing and mining work, as well asbestos removal. Severe shortness of breath and dry coughing are common symptoms. Risks of long-term inhalation can lead to malignant cancers and mesothelioma. In 2013, asbestosis resulted in 24,000 fatalities in the United States. Continue reading

August 11, 2015

How Partial Disability Claims Differ from Other Workers’ Compensation Claims

by Altman & Altman

Massachusetts provides benefits for five types of workers’ compensation disability claims. These are 1) temporary total disability, 2) temporary partial disability, 3) permanent partial disability, 4) permanent and total disability, and 5) death. Total disability is paid for up to three years when an injury prohibits any ability to work. Benefits for permanent and total disability typically pay a percentage of an injured worker’s wages, on a permanent basis. Workers’ Compensation death benefits are designed to help families of workers who have died from a work-related injury or illness. However, the majority of workers’ compensation claims in the United States are permanent partial disability (PPD).

What is Permanent Partial Disability?

If an employee’s work-related injury has lessened his or her ability to work to some degree, but not entirely, PPD benefits may be available. This reduced earning capacity may be triggered by a necessity to change jobs, work less hours, or work for decreased wages. The injured worker’s physician uses American Medical Association (AMA) guidelines to determine the level of disability. In addition to injuries from falls, burns, or fallen objects, these AMA guidelines also cover occupational diseases, such as respiratory conditions from allergen exposure, neurological disorders from metals or pesticides, and even carpal tunnel syndrome. PPD standard coverage can last no more than 5 years (260 weeks). However, coverage may be extended to 520 weeks if there is a 75% permanent loss of body function or a diagnosis of a perpetual life-threatening condition such as:

Spinal cord damage
Loss of organ functioning, such as lungs, kidney, urinary, or bowel function
Damaged equilibrium
Loss of mental functioning, such as short term memory loss or language comprehension
Cancer
Autoimmune disease

August 4, 2015

Ways to Prevent Injury in the Workplace in Massachusetts

by Altman & Altman

From heavy machinery hazards to poor ergonomics, workplace injuries affect an estimated three million Americans annually. The Occupational Safety and Health Administration (OSHA) was created in 1970 to regulate workplace standards and advocate for safe and healthy environments for workers of all fields. Part of their mission is to provide “training, outreach, education and assistance” to both employers and employees alike. With an average of 4,500 workplace fatalities occurring every year, it is vital for all employees to be aware of steps they can take to reduce workplace injury risk. This may involve the design of a more ergonomically efficient desk area, or bringing worn or broken equipment to an employer’s attention. Ultimately, employers are responsible for creating a safe, hazard-free work culture. However, education and awareness on everyone’s part can dramatically reduce risk.

Overexertion Injuries

As the leading cause of workers’ compensation claims, overexertion injuries result in approximately $3 million in annual benefit payments. Consistently lifting, pulling, or carrying heavy objects, and typing or working in an awkward position, can trigger muscle strain or soft tissue damage. These injuries are often acute, but usually heal with treatment. They may, however, become chronic if not treated properly or in a timely manner. Prevention measures include the following:

Lift lighter loads.
When lifting heavy objects to or from a shelf above you, use a step ladder or other secure object to decrease the distance.
Be aware of your posture.
Take frequent breaks and stretch continually.
Engage in strength training.
Know your limits.

July 31, 2015

OSHA Calling For Reform For Benefits To Temporary Employees

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) is calling for a reform that would provide temporary employees with the same benefits and training that permanent employees hold within a company. An agency that provides temporary workers to various businesses committed a serious violation in 2014 and has since been called upon to improve their conditions for all employees. Marathon Staffing Services Inc. was called into question when it became evident that they did not administer hearing tests for their employees who were consistently exposed to elevated noise levels while working for Concrete Systems Inc. based out of Hudson, New Hampshire.

According to reports detailing the new agreement that has since been put into place, Marathon Staffing Services is required to have a qualified health and safety professional review a checklist that details possible safety and health concerns present in the work environment. Once the health and safety professional has acquired a direct list of concerns, they will then be able to move forward in the process in terms of conducting an initial inspection. From there, they will also hold periodic inspections and audits to ensure that the conditions displayed at these workplaces are meeting each of the standards OSHA has in place.

In addition to the mandated inspections, Marathon will also be required to provide necessary training to account executives and sales representatives to ensure that their health and safety knowledge is comprehensive. Marathon is also asked to develop written contracts that are specific to each individual client that works with them—an initiative that will detail what the respective requirements will be for each workplace that will be supplied with temporary employees via Marathon Staffing Services Inc. These contracts will ensure that each client is fully complying with the health and safety standards being put into place by OSHA in hopes of protecting all employees in the future. Kim Stille, the New England regional administrator for OSHA, has said that “Both host employers and staffing agencies have critical roles in complying with workplace health and safety requirements.” Continue reading

July 30, 2015

Heat Stroke and Heat Related Injuries Caused By Working Outdoors

by Altman & Altman

Water, rest, shade; three simple words that hold a lot of meaning if you are out working in the hot sun all day. The Occupational Health and Safety Administration (otherwise known as OSHA) as well as the Centers for Disease Control and Prevention (the CDC) are offering easy to follow guidelines in order to prevent heat related illness in workers across the country.

That water, rest, shade motto is the first step toward enlightening workers on what they need to do to make sure they are working in safe conditions. OSHA recommends that all workers who are outside in warm conditions drink water every 15 minutes, even if they don’t feel as though they are thirsty at the time. They also suggest that workers rest in the shade, or an air-conditioned area if available, to cool down periodically throughout the day. Wearing a hat and light colored clothing can also contribute to a person’s ability to cool down efficiently during the workday. OSHA believes that employers should train all of their workers on the signs and symptoms of heat illness so that they are effectively able to recognize it within themselves and others. Knowing the symptoms and keeping an eye on your fellow workers could lead to the prevention of serious issues arising.

Workers are not the only ones responsible for preventing heat related illness from striking in the workplace. Employers are instructed to make cooling down an easily accessible option for all of the employees under their care. Providing water stations, shaded areas, and frequent breaks are all necessities that should be provided to those who work outside in the summer heat. OSHA suggests that those who are new to working outside, or for those who usually work outside but have not done so for a period of a week or longer, to have adjusted work schedules to ensure that these individuals are becoming acclimatized to their workload for the day. Acclimatization is heavily stressed by representatives for the Occupational Health and Safety Administration purely because heat tolerance is built up over time. Gradually easing new or returning workers back into their schedule for the day is the best and safest way to be sure that these individuals are not leaving themselves at a higher risk for heat illness.

July 28, 2015

The Dangers of Workplace Burn Injuries in Massachusetts

by Altman & Altman

Work-related burns are responsible for up to 25% of all burns requiring medical attention in the United States. Burns can occur in any type of job, but the most commonly reported occupations are kitchen workers, welders, laboratory employees, and construction workers. The Occupational Safety and Health Administration (OSHA) reports that approximately 200 fatalities and over 5,000 injuries occur annually as a result of workplace fires and explosions. The majority of these injuries involve thermal burns, however, chemical and electrical burns can be equally dangerous. The effects to the integumentary system (skin) and respiratory system (lungs) can cause permanent and debilitating damage.

Thermal Burns

Thermal burns are the most common type of burn injury. Heat sources including fire, steam, hot liquids, hot objects, and hot metals can cause injuries ranging from superficial skin damage to fourth degree burns that expose muscle and bone.

It is a common misconception that burns cause most fire-related fatalities. In fact, 50% to 80% of fatalities are caused by smoke inhalation. When a victim inhales the components of combustion, oxygen is depleted, potentially resulting in asphyxiation. Essentially, the victim is choking while the elements of combustion burn the trachea and lungs. Smoke inhalation symptoms may be delayed, so victims should be monitored carefully.
Wet heat (such as steam), hot food, and hot liquids can burn through skin and connective tissue faster than dry heat. This may result in scalding.

Hot water heaters, defective machinery, grease burns, exposed pipes, and industrial ovens and stoves are examples of workplace heat sources that can cause thermal burns. Continue reading

July 23, 2015

What Are Repetitive Stress Injuries? How Do Workers Get Them?

by Altman & Altman

Repetitive stress injuries (RSIs) can affect workers in almost any occupation. These injuries typically occur when a repetitive motion damages soft tissue in a specific part of the body. There are various types of RSI, but the most common is Carpal Tunnel Syndrome. This condition is most commonly found in office workers that spend significant time using a computer keyboard. It affects the ligaments and tendons within the tissue that makes up the carpal tunnel in the wrist. Neck strain, different types of back problems, and rotator cuff damage are common among carpenters, mechanics, and construction workers. The Bureau of Labor Statistics reports that RSIs account for approximately 60% of work-related injuries, and are diagnosed in one out of every eight workers in the United States. As a Massachusetts workers compensation lawyer, I’m consistently seeing varying degrees of RSI’s.

Common Types of RSIs

RSIs are directly related to a specific kind of repetitive motion. There are many different occupations with a high incidence of RSIs. The most commonly reported injuries include the following:

Tendonitis – Tendons are tissues that connect muscles to bone. Because they are largely responsible for movement, tendons consist of extremely strong, flexible, fibrous, cable-like connective tissues. When tendons are overused, they may become inflamed, causing pain, stiffness, and tenderness in areas around the joint. This can occur at any joint in the body. Treatments include anti-inflammatory medications, ultrasound and massage therapies, stretching and strengthening exercises, and orthotics or splinting. However, the most important element in treatment is rest, which can be difficult when lost wages are involved.
Carpal Tunnel Syndrome – The carpal tunnel is a passageway on the palmar side of the wrist that consists of bone and connective tissue. It creates a canal for the median nerve, which runs down the forearm and into the hands and fingers (carpals). The tendons running from the forearm to the fingers also pass through this tunnel. As with tendonitis, when the carpal tunnel becomes inflamed from overuse, it presses against the median nerve, causing pain, weakness, and numbness that may radiate up the forearm. Management includes splinting and anti-inflammatory medications. Surgery is becoming an increasingly recommended treatment.
Bursitis – A fluid filled sac found in joints, a bursa is responsible for cushioning spaces between bone and other tissues, including muscle, tendon, cartilage, and skin. With approximately 160 bursae scattered throughout the body, repetitive motion can cause inflammation. Pain and tenderness are common symptoms. The fluid within the bursa may swell, causing decreased mobility in the affected joint. As with tendonitis, treatment includes anti-inflammatory drugs, ultrasound and massage therapies, stretching and strengthening, elevation, and rest. If these fail, the next level of treatment is corticosteroid injections.

July 22, 2015

What Illnesses and Injuries Are Covered By Massachusetts Workers’ Compensation Laws?

by Altman & Altman

Workers’ Compensation exists to protect both employee and employer in the event a worker is injured, becomes ill, or dies on the job. Workers’ comp protects injured employees by covering eligible medical bills and providing disability payments while the employee is unable to work. Employers, on the other hand, are protected from being sued by injured employees for damages such as pain and suffering, medical bills, and emotional trauma.

Covered injuries don’t necessarily need to be sudden and catastrophic, such as falls from high places and severe chemical burns. Even relatively minor injuries that occur over long periods of time, and pre-existing conditions that are exacerbated by the working environment can be eligible.

Almost all work-related injuries and illnesses are covered by workers’ compensation, but exceptions do exist. As long as the injury occurs “during the course of employment,” it is typically covered. “During the course of employment” doesn’t necessarily mean during normal office hours and at the normal place of business. For example, an insurance agent would be covered by workers’ comp while on an after-hours sales appointment at a client’s house. Additionally, injuries suffered while participating in work-related activities, such as at a company softball game, may also be covered. If you think you may have a case but aren’t sure it’s always a good idea to call a Massachusetts workers compensation lawyer to fully understand what benefits are available to you.

What If the Worker is At-Fault For the Injury?

Workers’ compensation is basically a no-fault system. Even if the employee’s injury was a result of his or her own carelessness, coverage still applies. However, it’s a different story when alcohol is involved. Simply being intoxicated isn’t always enough to refuse a claim. In some states, coverage will only be denied if the injury was a direct result of the worker’s intoxication. Other commonly excluded injuries are those suffered by a worker who engages in violent behavior, starts a fight, self-inflicted injuries, and those caused by the use of illegal, non-prescription drugs. Many states, however, still cover injuries caused by these actions, as long as the employee’s behavior wasn’t the sole cause of the injury. Continue reading

July 21, 2015

Construction Remains Most Dangerous and Highly Litigated Line of Employment. Here Are 5 Top Construction Site Accident Verdicts

by Altman & Altman

The construction industry remains the most dangerous line of work in all of United States, with construction-related deaths accounting for more than 20% of all occupational injuries. According to a recent post by the National Trial Lawyers and the Department of Labor’s Occupational Safety Health Administration (OSHA), 4,585 workers were fatally injured while on the job in 2013; an average of 88 deaths per week or 12 deaths per day, according to OSHA’s most recent figures. As Massachusetts workers compensation lawyers we are acutely aware of these statistics and for decades we have been helping families of those injured on the job.

Falls accounted for 35% of deaths, followed by struck by an object (10%), electrocutions (9%), and caught in-between injuries (2%). Considering the statistics, these “fatal four” accounted for more than 55% of all construction worker deaths in 2011. Additionally, these ten standards were the 10 most frequently violated and cited by OSHA:

Fall protection

July 15, 2015

Sleep Apnea Increases Risk of On-the-job Injury

by Altman & Altman

According to a University of British Columbia, Vancouver study, individuals with sleep apnea have a substantially greater risk of on-the-job injuries than those without the condition. In fact, people with a severe case of the breathing disorder, known as obstructive sleep apnea, have nearly double the risk of being injured in a work-related accident.

The patients in the study, which observed 1,236 individuals over an eight year period, underwent polysomnography to identify obstructive sleep apnea. A.J. Hirsch Allen, PhD, a research associate at the university, noted that the risk is even more serious when other confounding factors are present. These include obesity, alcohol use, sex, and blue-collar industry occupations. “Screening and treatment of workers with obstructive sleep apnea may reduce rates of injury,” said Hirsch Allen.

Risk of Motor Vehicle Accident 7 to 8 Times Greater For Those With Obstructive Sleep Apnea.

Commenting on the study’s findings, past president of the American Academy of Sleep Medicine, M. Safwan Badr, MD, believes the study reinforces what we already know about sleep apnea and everyday injuries. “The large number of patients in the study is one of its strengths. This is a naturalistic experiment. This is what is happening in real life,” said Badr, “We know that persons with obstructive sleep apnea are 7 to 8 times more likely to be involved in a motor vehicle accident either because of sleepiness or loss of vigilance or they distract themselves to stay awake. This study now extends this to occupational injury.” Continue reading