Massachusetts Workers' Compensation Lawyer Blog

January 22, 2015

Jury Awards $7.7M Mesothelioma Verdict to School Bus Driver’s Widow

The widow of a man who was exposed to asbestos while working as a school bus driver for nearly four decades has been awarded a $7.7 million mesothelioma verdict. The driver, Lewis Nash, became exposed to the fibrous materials during the time he spent in the bus garage where vehicle maintenance was performed. The asbestos came from the clutches, brakes, and gaskets of the buses. Nash died from mesothelioma at the age of 81 in 2012.

The jury found Navistar, now called International Harvester, liable for Nash developing this serious form of cancer. The company manufactured the school buses.

Because it can take years for symptoms of mesothelioma to surface, there can be a very long latency period for the person affected. This is why Nash wasn’t diagnosed until almost twenty years after he retired.

January 15, 2015

Liberty Research Institute Names Overexertion, Fall Accidents As Leading Causes of Work Injuries in 2012

by Altman & Altman

According to Liberty Research Institute for Safety’s 2014 Workplace Safety Index, the five leading causes of work injuries in 2012 were behind approximately 65% of all workers’ compensation expenses. The research examined claims data for injuries that lasted at least six days. The rankings given for the injuries were determined by total compensation costs.

Here are the top five causes of injuries on the job that year:

Overexertion: This may have involved the acts of pushing, lifting, pulling, carrying, holding, or throwing.

January 9, 2015

Tougher OSHA Reporting Rules for On-the-Job Injuries Are Now in Place

by Altman & Altman

Under Occupational Safety and Health Administration’s rules, private-sector employers must fulfill tougher reporting requirements for injuries on the job. Now, employers have to report all work-related deaths within eight hours and give notification of any eye losses, amputations, and inpatient hospitalizations within 24 hours of discovery.

The new requirements went into effect on January 1. Employers can report an incident either by calling the closest OSHA area office, contacting the OSHA hotline, or submitting a report online.

Previous to that, employees had to notify the federal Occupational Safety and Health Administration of all workplace deaths or when at least three workers injured in the same incident were hospitalized.

December 27, 2014

Domestic Workers in Massachusetts Soon to Get Employment and Labor Protections

by Altman & Altman

Starting April 1, 2015, the state of Massachusetts will extend employment protections to domestic workers under the “Domestic Workers’ Bill of Rights.” The law will clarify that these workers are also protected under the workers’ compensation and unemployment statutes.

The legislation has to be followed by any entity or person that employs a domestic worker in a Massachusetts household-it doesn’t matter if the worker “lives in.” “Domestic worker” may apply to housekeepers, nannies, house managers, house cleaners, and those who do laundry, cook, or act as home companions or caretakers. Registered or licensed staff working with a placement or employment agency and casual babysitters are not covered, nor are individuals who work with seniors or the disabled under the state’s personal attendant program.

Among the new rights given to domestic workers under the bill: protection from unlawful harassment, guaranteed leaves of absence for adoption or childbirth under the state’s Maternity Leave Act, and protections from retaliation for complaining about work hours or wages. Rights have also been issued to domestic worker as they pertain to receiving notice about said rights, what consists of working time, guaranteed time off after working a full work week, the right to privacy, protection from excessive wage deductions for the costs of lodging, beverage, or food, as well as the right to request and dispute written evaluations. Domestic workers that are terminated from an employer’s household without cause have a right to written notice and receive at least 30 days of lodging or two weeks pay.

December 18, 2014

Massachusetts Truck Drivers Are at Risk of Serious Injuries on the Job

by Altman & Altman

Massachusetts truckers are subject to serious injuries when doing their job and not just when they are involved in a truck crash. That said, although truck drivers are often portrayed as safer than most people when involved in a collision-seated behind all that truck metal and at a more elevated height in their cab than other motorists in smaller vehicles-they they too can suffer catastrophic injuries and die.

If you or someone you love sustained such a serious injury, you should speak with a Boston workers’ compensation lawyer right away rather try settling with your employer or their insurer on your own.

While truck drivers cannot sue their employer for Massachusetts personal injury, depending on what exactly happened and who else was involved, a trucker may be able to pursue civil damages from third parties, such as the negligent other driver, the company that hired the trucker, and others.

December 12, 2014

Fall River Construction Worker Dies While Working On Natural Gas Lines in Road Project

by Altman & Altman

A Fall River worker was recently killed when he was struck by a piece of construction equipment in the head. The “fusing machine” swung toward 45-year-old Paulo Matos, fatally injuring him after workers lost control of the device. At the time, the construction worker was working on natural gas lines in a road project.

Matos worked for AGI Construction, a contracting company. The state’s Department of Transportation and the Occupational Safety and Health Administration are investigating the work accident.

Please contact our Massachusetts worker’s compensation lawyers today if you or your loved one were seriously injured in an accident on the job. You typically cannot sue your employer but you should be entitled to work injury benefits. Also, other parties who were involved in the job but are not your employer could potentially be held liable if their negligence contributed to the construction accident injury or death.

December 4, 2014

Worker Killed in Peabody, MA Industrial Accident

by Altman & Altman

A male worker was killed after he was struck by a front-end loader in a Massachusetts industrial accident at Allied Waste Services in Peabody last month. According to police, the worker was clearing a drain when the incident happened. Joshua Black, 26, was from Wilmington.

First responders say that he was not breathing by the time they arrived. The Occupational Safety and Health Administration is investigating the Peabody work accident.

In another recent Massachusetts industrial accident, also last month, co-workers found a 33-year-old worker injured on a conveyor belt in the Cargill Salt Company in Westfield. The belt is used to service a salt pile.

November 30, 2014

How Cold Is Too Cold? Tips for Protecting Workers During the Winter Months

by Altman & Altman

With the winter upon us, workers and their employers should begin considering the risks and hazards of working is a cold environment. Those workers who regularly work outdoors for extended periods of time, such as snow cleanup crews, sanitation workers, police officers and emergency response and recovery personnel, are at a nominal risk for experiencing cold stress.

Compiled from the U.S. Department of Labor Occupational Safety and Health Administration’s website, we’d like to share some FAQ’s, tips and information to prevent cold stress during this imminent winter weather.

How cold is too cold?

Extreme cold and its effects ultimately vary across different areas of the country; in regions that are not used to winter weather, near freezing temperatures are considered “extreme cold.” When the temperatures dip too low, the body is forced to work harder to maintain its temperature. Additionally, colder-than-normal temperatures can cause body heat to leave the body more rapidly. Wind chill is the temperature your body feels when air temperature and wind speed are combined. For example, when the air temperature is 40°F, and the wind speed is 35 mph, the effect on the exposed skin is as if the air temperature was 28°F.

Cold stress occurs by driving down the skin temperature and eventually the internal body temperature (core temperature). This drastic change can easily lead to serious health problems including serious tissue damage and even death.

What are the risk factors that contribute to cold stress?

Some of the risk factors that contribute to cold stress are: wetness or dampness, dressing improperly, and exhaustion. Additionally predisposing health conditions such as hypertension, hypothyroidism, diabetes and poor physical conditioning increase a person’s risk for cold stress.
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November 30, 2014

Billerica Freight Shipping Terminal Fined by OSHA for Exposing Workers to Hazardous Conditions

by Altman & Altman

Employees at the Central Transport LLC freight-shipping terminal in Billerica were exposed to numerous hazardous conditions including potential electrocution, falls, crushing and other injuries. According to the U.S. Department of Labor’s Occupational Safety and Health Administration, the workers’ employer knowingly and repeatedly disregarded basic worker safeguards to prevent such injuries from occurring; the company now face $330,800 in fines for those hazards.

According to a press release published by OSHA last week, OSHA’s acting deputy regional administrator for New England Jeffrey A. Erskine said, “several hazards were brought to management’s attention, but the company took no corrective action, while other conditions were strikingly similar to violations for which Central Transport was previously cited at its locations in Illinois and Mississippi. The cited conditions put employees at risk of deadly or disabling injuries.”

An inspection revealed that the company’s building leaked water on to the work floor where electrical cabinets and forklift battery chargers were located; employees were forced to stand in water while plugging in the battery chargers and drove forklifts on slippery surfaces. These conditions ultimately exposed individuals to possible electrocution, as well as forklift tip-overs and slipping hazards.

Additionally, OSHA investigators found that workers were exposed to fall hazards from the loading dock entrance ramp, which was lacking required safety guardrails. Finally, inspectors found workers faced potential crushing or struck-by injuries from defective forklifts that were not removed from service. OSHA alleged that the company had ample knowledge of all of these hazards and did not address any of the conditions. Thus, OSHA fined Central Transport for 4 willful violations, which carry $242,000 in fines, as well as two repeat violations totaling $44,000 in fines (for unstable and insecure stacking of materials and failure to inform employees of the dangers associated with hazardous chemicals) and 8 serious violations carrying $44,800 in fines (for inadequately evaluating workers’ abilities to operate forklifts; unattended forklifts; lack of fire extinguishers; and tripping and electrical hazards).
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November 26, 2014

Boston Porch Collapse Injures One Worker, Kills Another In Jamaica Plain Construction Accident

by Altman & Altman

A construction worker was killed and another seriously injured when they fell from a porch that was under construction in Jamaica Plain. At the time of the Boston construction accident the workers were building rear porches.

Bill McCarthy, who is the worker that survived with injuries, said he is not sure why the porch collapsed. He fell from the top deck to the deck on the second floor. Construction worker Steve Lathrop, who fell to 30 feet to the ground, sustained fatal injuries.

Boston police are investigating the accident. According to the Boston Herald, a day before the tragic accident, the building permit for the job was pulled.