Massachusetts Workers' Compensation Lawyer Blog

December 16, 2013

U.S. Postal Service Cited by OSHA After July Heat-Related Death of Carrier

The United States Occupational Safety and Health Administration (OSHA) has cited the United States Postal Service following an investigation to the heat-related death of a veteran postal worker last July.

James Baldassarre of Haverhill collapsed while delivering mail on his route through Medford on July 5. He had spent nearly five hours in 94-degree heat carrying a bag weighing 35 pounds. He died the following day as the result of a heat stroke.

The day that he collapsed, the National Weather Service had issued a heat advisory for the area that Baldassarre was working in.

After an internal investigation, OSHA determined that the Postal Service exposed workers to the recognized hazard of working in excessive heat and had failed to implement a stress management program to help mail carriers identify, prevent, and report symptoms of heat-related illness.

While the U.S. Postal Service issued a statement sending condolences to Baldassarre’s family members and friends, OSHA cited the company with a proposed fine of $7,000, the maximum fine that can be assessed for a serious violation. Since the death of the postal worker, the Postal Service reported it had developed and implemented a heat stress program, including the use of posters, stand-up talks for employees and supervisors, videos, multimedia slides, messages and handheld scanners, employee newsletter articles, and heat-stress guidance for all employees of the Postal Service.
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December 12, 2013

Worker Killed In East Boston Industrial Accident

by Altman & Altman

A man was killed when a 12,000-pound steel beam fell on him at an East Boston industrial plant on Monday.

According preliminary reports, the man was trapped underneath an arch-shaped beam, however no foul play is believed to be involved. The incident occurred at Boston Bridge & Steel Inc. on Marginal Street. This incident marks the second fatal construction-related incident in less than a week in the city of Boston. Last Thursday afternoon, a 37-year-old construction worker died at a work site in Downtown Crossing. The man was severely injured by a scissor lift at a site at Hawley and Summer Streets around 2 p.m. and later died of his injuries at a nearby hospital. Both incidents remain under investigation.

While there is no amount of money that can compensate the loss of a loved one, families
of diseased workers may be entitled to collect benefits on their behalf. Under Massachusetts’ Compensation Law, the family members of a worker who is killed on the job, including the workers’ spouse and children, may file a workers’ compensation claim to receive financial compensation, because according to Massachusetts’ Law they are entitled to recover up to 60% of the average weekly pay the worker would have earned as well as other benefits.

Whether you or a loved one was injured or the victim of a fatal workplace incident, you and your family may be eligible to receive financial compensation. Massachusetts Compensation Law is supposed to guarantee benefits to workers who are injured while at work even if the accident was the worker’s fault. Financial compensation benefits typically coverage medical costs, disability payments, up to 60% of worker pay, as well as compensation for permanent disfigurement, loss of function, and benefits for family members of a worker who was killed while on the job. In exchange for this “guarantee,” an employee/family is not allowed to sue his or her employer in the event of a workplace accident.
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November 20, 2013

Brain Cancer and Hazardous Workplace Environments

by Altman & Altman

The long-disputed potential link between Pratt & Whitney’s North Haven plant and worker illness has finally come to a head. WHDH Channel Seven News reported on the findings of a research study involving the possible link between brain cancer and long term employment at Pratt & Whitney’s North Haven site. The findings of an 11-year study researching the risk of worker illness at Pratt & Whitney’s North Haven jet engine plant haven’t given survivors and their relatives any closure. The study reports that there is no link between any workplace risks and the employees that suffered from glioblastoma brain tumors.
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October 17, 2013

Worker Fatally Injured at 49ers Stadium Construction Site

by Altman & Altman

A delivery truck driver died on Monday after he was crushed by a steel rebar being unloaded at the new 49ners stadium construction site.

The victim, Edward Lake II, 60, died as he was unloading a bundle of rebar set to be used in the construction of the new $1.2 billion stadium. Both state and local authorities investigated the incident, and the lead construction manager halted work on the project for the remainder of Monday. The death is the second to take place at the site in four months. According to the contractor, employees would resume work on Tuesday and take part in safety meetings and be offered counseling.

It is unclear whether OSHA will cite the contracting company for the incident. The prior fatal incident, according to OSHA investigators, did not warrant a formal citation as the incident was deemed “unexplained.”

More than 4,000 workers suffer fatal work injuries each year in the United States according to the Occupational Health and Safety Administration (OSHA). National statistics continue to show the construction industry as the most hazardous work environment for individuals, with construction site injuries occurring nearly three times the rate of any other industry in the United States.

Construction’s “Fatal Four”

Nearly 20% of all occupational injuries occur in the construction industry. 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.
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September 18, 2013

Charlestown Workers Injured During Scaffolding Incident

by Altman & Altman

Two men working at an under-construction home in Charlestown were injured after the scaffolding they were standing on collapsed.

The incident occurred around 8 a.m. yesterday morning, and Boston fire rescue was immediately dispatched to the scene. Both men were transported to a local Boston hospital with injuries to their backs, legs, and necks. It is unclear of the cause of the accident or whether OSHA had been called in to investigate the incident.
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The construction business remains the most hazardous work industry in the United States, accounting for nearly 20% of all workplace fatalities annually. While both victims in this case are expected to survive, the incident serves as yet another reminder to construction workers of how dangerous their job can be. Carpenters and roofers incur risky situations on a day-to-day basis, and among these types of workers, falls are the leading cause of injury or death. In a report published by The Massachusetts Coalition for Occupational and Safety Health, out of the 32 reported work-related deaths in Massachusetts last year, six were cause by falls.

Scaffolding is used as a temporary platform that is used to help build, install, repair, or reach any surface that cannot be reached by ladder. Scaffolding incidents can occur for a number of reasons including incorrect assembly and improper manufacturing. Accidents can also happen when supports fail or collapse, when scaffolding is broken, scaffolding is wet and a worker slips and falls, or when workers are inadequately trained on how to operate equipment.

Approximately 2.3 million men and women or 65% of those in the construction industry work on scaffolds in the United States. Protecting workers on construction sites where scaffolding is commonly used may prevent an estimated 4,500 injuries and 60 deaths each year, according to OSHA.

No matter what the actual cause of the incident-whether it was a misstep by the victims, a manufacturing defect with the scaffolding or any other circumstance that caused the men fall, ultimately the construction company may be liable. By OSHA standards, employers are responsible for providing safe work environments for all of his or her employees to prevent hazardous situations that pose the threat of serious bodily injury or death. Though the details of this situation are still vague, what can be discerned is that had proper safety precautions been taken; such as the use of a safety harness, the men’s injuries may have been prevented.
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September 10, 2013

Workers Injured During Diesel Tank Fire at New Hampshire Gas Station

by Altman & Altman

Two South Carolina men suffered serious burns after the materials they were working with ignited in an underground diesel gas tank at a Manchester gas station.

According to Manchester Fire Chief James Burkush, the two men were part of a five men crew that was re-lining the interior of a diesel gas tank. The two men were in the gas tank when a flammable chemical resin they were using to affix fiberglass material to the sides of the tank, caught fire.

Witnesses to the incident said that there was no actual explosion rather there were plumes of heavy smoke rising out of the manhole where the two men were working. One of the men was able to get himself out immediately, but the other worker had to be pulled out by his safety harness. John Brewer, owner of Johnny B’s Car Care which is attached to the Mobile station the men were working at, said that one of the men he cared for had severe burns to his skin and his skin seemed to be melting off.

Fire officials believe that an electrical light attached to the edge of the tank started the fire. After they vented the smoke and fire, firefighters were able to go inside the tank, where they were able to recover the light, a respirator, and clothing of the burnt worker. Burkush said that the fiberglass was completely melted and burnt during the fire.

Both men were treated at an area hospital with life-threatening injuries before being flown to a hospital in Boston. Doctors at Elliot Hospital in Manchester, where the men were first treated, said that aside from the burns each of the men sustained, they both suffered from pulmonary and inhalation injuries from smoke and toxic fumes.
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Burns can happen in many different on-the-job situations; whether at a factory, chemical plant, construction site, kitchen, or other type of industrial site. Regardless of their cause, burns (scalds, chemical burns, electrical burns, radiation burns, smoke and inhalation, or contact burns), can be incredibly painful and can cause long-term complications such as scars or disfigurement, and even death.
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August 29, 2013

OSHA Proposes New Rule to Protect Workers from Toxic Silica Exposure

by Altman & Altman

The U.S. Department of Labor’s Occupational Safety and Health Administration filed a petition last week intended to reduce the instance of chronic respiratory illness and cancer among U.S. workers. The plan seeks to lower worker exposure to crystalline silica, a toxic particle that kills hundreds of workers and sickens thousands each year. OSHA’s proposed rule includes two separate standards-one for general industry and maritime employees and one for employees in the construction industry.

Currently, OSHA enforces a rule dated 40 years to regulate permissible exposure limits (PEL) for silica exposure, which is inconsistent between different work industries. The proposed rule would bring these PELs up to workplace standards and into the 21st century; greatly lowering the amount of silica exposure to workers. OSHA predicts that this new mandated policy would save nearly 700 lives per year and prevent 1,600 new cases of silicosis annually.

What is Crystalline Silica and Where Is It Found?

Crystalline silica is a micro component of soil, sand, granite, and other types of materials. Quartz, cristobalite, and tridymite are three types of crystalline silica. When materials containing crystalline silica are grinded, cut, or drilled the particles become respirable-sized. Crystalline silica is considered a human carcinogen, and can cause a variety of respiratory issues including lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease. When inhaled, crystalline silica causes scar tissue formation on the lungs, and debilitates the lungs’ ability to absorb oxygen. Silicosis, aside from being incurable, can lead to other infectious diseases and debilitating conditions including tuberculosis.

Silica exposure is a threat to nearly 2 million workers in the United States and is most common in construction jobs including abrasive blasting, foundry work, stone cutting, rock drilling, quarry work, tunneling, as well as maritime work. The most common exposures to workers in construction occur during abrasive blasting with sand to remove rust and paint from bridges, and other surfaces, as well as concrete mixing, concrete drilling, brick cutting, and rock drilling.

General industry employees are often exposed to crystalline silica particles from asphalt paving jobs, painting industries, cement and ceramic manufacturing, as well as soap and glass manufacturing.
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July 30, 2013

How to Make the Most of Witness Interviews after a Workplace Injury

by Altman & Altman

When an employee is injured at work, a certain protocol is taken to investigate how and why the accident occurred. Witness interviews are a crucial part of this protocol, and are heavily relied upon by investigators, as these testimonies provide important information that can help piece together the situation. While the purpose of investigations is not to specifically find fault for an accident, investigations are used to identify the root cause of the incident and help both employers and employees prevent similar accidents in the future. Investigations are also conducted to fulfill legal requirements, determine the costs associated with the accident, determine compliance (on behalf of the employee and the employer) with safety regulations and to determine and correct safety hazards, and to correctly process workers’ compensation claims.

Conducting Witness Interviews

As a general rule, witness interviews should be conducted by experienced safety personnel as soon as possible after the accident occurs. Witnesses are typically the best source of information to determine the sequence of events leading up to the accident. Though it is standard procedure for a unit administrator or law enforcement personnel to take witness statements prior to the investigation team’s arrival, those statements should not be heavily relied upon as the sole witness statements.

Witnesses’ mental states should be taken into account when an investigator is conducting the interviews. Sometimes witnesses are traumatized or may be on medication, and thus are unable to give accurate accounts of the events. On the other hand, witnesses may be anxious to speak about the accident, and providing them with that opportunity may help them. In some cases, family members of the injured person(s) can help the investigation by offering insight into character traits or behavior patterns of the victim. To ensure that witness accounts are accurate and witnesses are being truthful, individuals should be interviewed alone. Interviewing witnesses together may cause confusion and may cause witnesses to give inaccurate versions of what happened.

The first step to conducting an interview is to explain to the witness the purpose of the investigation. Interviewers should listen carefully and take notes that do not distract the witness. A tape recorder may be used to record the witness statements, but only at the consent of the individual. Investigators should also use sketches or diagrams to help the witness better describe the accident.
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July 8, 2013

Medford Postal Worker’s Collapse Reminds Outdoor Workers Dangers of Heat Exhaustion

by Altman & Altman

A 45-year-old Medford postal carrier died after he collapsed while making a delivery on Friday afternoon.

James Baldassarre, of Haverhill, was found lying on the ground late Friday afternoon on Riverside Avenue. He was pronounced dead at Massachusetts General Hospital on Saturday morning. Baldassarre’s wife, Cathy, believed it was the intense heat and humidity that may have led to her husband’s death.

Temperatures reached the 90s on Friday, with high levels of humidity. When rescuers responded, they found Baldassarre unconscious with a temperature of 110 degrees.

Outdoor workers in agriculture, construction, public service (firefighters, postal workers, etc.), and other industries are at a great risk for heat stress, heat exhaustion, or heatstroke when they are exposed to high temperatures and humidity. Exposure to extreme heat can increase the risk of injuries for workers because often heat results in sweaty palms, fogged safety glasses, dizziness, and burns.

Heat exhaustion and heat stroke are serious heat-related disorders. Heat exhaustion is a bodily response caused by loss of water and salt in the body; usually a result of excessive sweating.

Symptoms of heat exhaustion include:

• Heavy sweating • Extreme weakness or fatigue • Dizziness or confusion • Nausea • Clammy or moist skin • Pale or flushed complexion • Muscle cramps • Elevated body temperature • Fast and shallow breathing
Workers suffering from heat exhaustion should rest in a cool, shaded, or air-conditioned area, drink plenty of water or other cool (non-alcoholic) beverages and be sprayed with water.

Heat stroke is the most serious heat disorder and occurs when the body is no longer able to control its temperature, and its sweating mechanism (used to cool the body) fails. When heat stroke occurs, the body’s temperature the body’s temperature can ride to 106 degrees or higher, and may cause permanent disability and even death if emergency treatment is not administered.
Symptoms of heat stroke include:

• Hot, dry skin or profuse sweating • Hallucinations • Chills • Throbbing headache • High body temperature • Confusion or dizziness • Slurred speech Continue reading

June 25, 2013

Roofer’s Fatal Fall Reminds Workers of Risks of Working on Construction Sites

by Altman & Altman

A New Hampshire man died on Monday from injuries he sustained after he fell off of a ladder at a residential construction site.

The roofer, 58, was working at a home in Rye, New Hampshire, when he slipped off the ladder and fell 30 feet. Rye Fire Lieutenant Ron Hordon said the man, who has not yet been identified, suffered “significant” injuries to his chest, pelvic, and abdominal areas after landing on a deck. The man was working for a roofing company at the time of the fall, and the Occupational Safety and Health Administration (OSHA) is currently investigating the incident.

Unfortunately this incident is just another example of how dangerous construction sites can be. file0002014498486%20%281%29.jpg Whether it was a misstep by the victim, a manufacturing defect with the ladder or any other circumstance that caused the fall, ultimately the roofing company may be liable. By OSHA standards, employers are responsible for providing safe work environments for all of his or her employees to prevent hazardous situations that pose the threat of serious bodily injury or death. Though the details of this situation are still vague, what can be discerned is that had proper safety precautions been taken; such as the use of a safety harness, the man’s death may have been prevented.

Carpenters and roofers incur dangerous situations on a day-to-day basis, and among these types of workers, falls are the leading cause of injury or death. In a report published by The Massachusetts Coalition for Occupational and Safety Health, out of the 32 reported work-related deaths in Massachusetts last year, 6 of them were cause by falls. Unsurprisingly construction site causalities accounted for the greatest number of work-related deaths (19%) and remained the most dangerous industry for employees to work in.
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