Massachusetts Workers' Compensation Lawyer Blog

November 18, 2019

Buffalo Wild Wings manager fatally injured after employee combined two cleaners

Two common cleaning solutions – both safe when used individually – created a toxic cloud of fumes when unknowingly combined by an employee, which claimed the life of the general manager of the Buffalo Wild Wings restaurant in Burlington, Massachusetts and injured about a dozen others. In cases such as this, where you may have been wrongfully injured or a loved one wrongfully killed, attorneys from Altman & Altman LLP in Cambridge can help if you wish to pursue legal action.

How did this tragedy occur?

This sad incident, which occurred on Nov. 7, is a reminder that even otherwise relatively safe household chemicals can become deadly without proper knowledge or care in their use. The worker who cleaned the floors used a common solution called Super 8, which is a bleach-based cleaner that contains sodium hypochlorite. What the employee didn’t know is that another separate employee had spilled an acid-based cleaner called Scale Kleen on the same floor a little while earlier.

The two chemicals combined and created a substance (chlorine gas) that “turned green and started to bubble,” according to what Burlington Fire Chief Michael Patterson told the media following the incident. This substance produced a gas that caused the worker to suffer a burning sensation in their eyes and difficulty breathing.

It was then that the general manager, now identified as 32-year-old Ryan Baldera, attempted to use a floor squeegee to clean up the toxic mixture, but was quickly overtaken by the fumes and later died at a hospital. A GoFundMe page set up to help his family has since raised over $125,000 as the family has not wished to pursue any legal action against anyone for the incident at this time.

To put the science simply, mixing anything with a bleach-based product is a bad idea, and can often result in the creation of deadly chlorine gas – which is a gas so potently deadly that it was often utilized in World War 1 and later banned by the Geneva Protocol for being horrendously inhumane, but has still been utilized by modern dictators to purge large numbers of political and ethnic enemies.

Possible legal ramifications

The family of the killed general manager may still wish to pursue a wrongful death claim, although it would take some investigating to figure out who may be at fault for the death. It could be the fault of the employee who spilled the Scale Kleen, or the employee who then used the Super 8 cleaner, or it could be the fault of Buffalo Wild Wings for failing to adequately train employees in how these two readily available cleaners could potentially cause a fatal reaction if they were ever mixed.

The incident is still under investigation by the Occupational Safety and Health Administration (OSHA), as well as law enforcement officials, so it may come to pass that other factors contributed to the young man’s death. What is known for sure is that the workers who were tasked with cleaning the floors on the day of the incident were either unaware of the reaction caused by mixing bleach and acid, or they failed to properly communicate with one another about the chemical spill that had occurred prior to the regular use of the Super 8 cleaner.

Managers of restaurants are supposed to go through adequate ServSafe training in Massachusetts, which includes a portion on handling cleaning chemicals. If this training were not offered or not adequately carried out, the family of the victim and those who were injured as a result may have grounds for legal action. Continue reading

October 29, 2019

New Orleans building collapse shows construction flaws can cost lives

by Altman & Altman

On October 12, a portion of a new Hard Rock Hotel under construction in New Orleans collapsed, killing three construction workers and injuring dozens more, and wreaking chaos in the city that has left family members of the victims searching for answers. Multiple investigations are under way to determine who was at fault. Cases like this showcase how important it is to know who to call when a tragedy occurs, and that is why the attorneys at Altman & Altman LLP are available around the clock to help.

The construction of a new building can be exciting, especially a large building in the middle of a downtown area – which brings with it the promise of new commerce and attraction, and will ideally bring about more tourism and financial incentives into the community.

However, when construction contractors, architectural engineering firms or others involved in the building process cut corners or fail to perform their duties in a responsible manner that treats safety as a top priority, people can be seriously hurt or killed. Additionally, in cases like this one, businesses around the collapsed property are affected as well – as many were forced to shut down for days and even weeks as a safety precaution while the building was secured.

What this event has amounted to is pain and suffering born by the families of the victims who have perished, pain and suffering born by those injured in the incident and financial damage to businesses that have had to close due to the building collapse – and for these damages, the liable party or parties may rightfully be held accountable.

Lawsuits filed

This past week, loved ones of the deceased construction workers have already filed suit against developers responsible for overseeing the project on the grounds of pain and suffering due to their relatives’ wrongful deaths. Some of those filing suit had to suffer the added burden of their loved ones being listed as missing prior to being announced dead, and then having to witness them pull their deceased loved ones from the wreckage – adding more trauma to an already horrible situation.

As with all ongoing investigations, it is not known at the time what ultimately led to the collapse. The Occupational Safety and Health Administration (OSHA) is looking into the incident to find out if there were any apparent worker safety issues that contributed to deaths or injuries and if the contractors or developers failed to adhere to certain safety protocols.

There is apparently video posted from construction workers on social media that showed portions of the build that looked weak and unstable, with one worker even commenting in Spanish on one of the videos about the shoddy design and of the new construction and how it was unsafe. Videos like that, along with testimony of construction workers who were firsthand witnesses to the building process will be crucial in assessing whether or not safety standards were ignored. Continue reading

December 19, 2018

Fatigue Leads to Many Construction Worksite Accidents

by Altman & Altman

According to the National Safety Council (NSC), 69 percent of workers in the construction, transportation, and manufacturing industries say they suffer from on-the-job fatigue. The NSC recently released a report on this very serious problem, The Fatigue in Safety Critical Industries report, which delineates common causes and symptoms of fatigue, as well as the extensive associated costs.

It’s a well known fact that construction is one of the most dangerous occupations in the United States. Among the most deadly construction accidents are falls from high places (ladders and scaffolding), being struck by objects, electrocutions, and becoming caught in materials and equipment. The risk of every one of these serious accidents is dramatically increased by worker fatigue. A MA work injury attorney can help you determine how to proceed if you’ve been injured on the job.

Although nearly two-thirds of all construction workers admitted to working while fatigued, the group said they were well aware of the risks involved with doing so. The NSC is urging employers in these industries to assess the level of fatigue their workers are experiencing, and to initiate policies that reduce worker injuries and deaths related to fatigue. One fatigued worker can put an entire team at risk, and the costs associated with fatigue-related accidents are shockingly high.

Common Causes and Symptoms of Worker Fatigue

The Fatigue in Safety Critical Industries report outlined common causes of worker fatigue and the symptoms to look for in employees and co-workers:

Causes

Lifestyle-related sleep deprivation
Sleep deprivation related to medical conditions
Working too many consecutive days
Shift work
Demands of a physical job
Workplace and life stressors
Monotonous, repetitive tasks

Symptoms

General tiredness, sleepiness, or lethargy
Loss of energy
Slow reaction time
Impaired decision making and judgment
“Foggy” brain
Loss of short term memory
Reduction in productivity
Excessive absenteeism
Increased accidents and injuries

What Can Employers Do?

Obviously, employers are limited in their ability to improve the lifestyle and overall health of employees, but that doesn’t mean that it’s impossible for employers to reduce workplace fatigue. For starters, they can pay closer attention to the amount of consecutive hours and days their employees are on the clock. Double shifts, back-to-back night and day shifts, and too many days in a row can easily cause fatigue. As such, employers should limit fatigue-inducing schedules as much as possible. Also, employers can ensure that all workers (but especially those working challenging shifts/hours) have access to regular breaks during which they can rest, grab a snack, and drink plenty of water.

Workers with boring, repetitive tasks can also be plagued by fatigue. In order to reduce this risk, employers should rotate job responsibilities so that no worker is stuck with the same boring, repetitive task for too long. And any time a job is physically demanding, workers should receive frequent breaks. A Boston work injury lawyer can help you recover damages or obtain workers’ compensation if you’ve been injured in a workplace accident.

Finally, a safe work environment is key to reducing accidents, fatigued or not. Employers should ensure that all workers have access to well-maintained personal protective gear, and that everyone receives adequate training and supervision. Continue reading

October 24, 2018

How to Avoid The Three Most Common Work Injuries in Massachusetts

by Altman & Altman

Anyone in any occupation has the potential to get injured at work, but three particular work injuries are most common. If you have suffered one of these injuries, or have been involved in any type of workplace accident, you may be entitled to compensation. But, as they say, “an ounce of prevention is worth a pound of cure.” Being familiar with the most common types of injuries, and methods of avoiding them, might be the only prevention you need.

Slips & Falls

Slips and falls are among the most commonly experienced workplace accidents. In fact, injuries from slips and falls account for about 95 million missed work days each year. These accidents frequently occur on wet, dirty or uneven floors, or when a worker trips on something left on the floor. The consequences of slip and fall accidents can be severe: back injuries, head injuries, broken bones, and cuts and bruises…just to name a few. To avoid slips and falls:

Make sure your work area has adequate lighting so that you can spot hazards.
Wear proper shoes. Shoes with non slippery, thick heels and tightly tied laces are best for preventing slips and falls.
Watch for hazardous weather conditions, like rain, snow or wet leaves tracked on the floor. Make sure someone is assigned to check and remedy the condition of floors at regular intervals.
Use moisture absorbent mats in times of bad weather and make sure coworkers clean up spills immediately.
Look for warning signs.
Keep hallways free of clutter and avoid the use of electrical cords across common walk spaces.

Machine Injuries

If you work in construction or at a plant or factory, you are at special risk for a machine injury. These injuries often occur when fingers, limbs, hair, jewelry or clothing becomes entangled in a machine. To avoid machine injuries:

Do not work on a machine without proper machine guards.
Always wear required safety equipment.
Never interfere with a moving machine; always shut it down first.
Avoid operating machines for which you have not had proper training.
Make sure all loose clothing and accessories are secured.
Secure long hair behind your head and off your shoulders.
Inspect machines regularly to make sure they are working properly.

A MA work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Lifting Injuries

Most jobs involve some type of lifting. Improper lifting can lead to serious injuries, including damage to vertebrae, pulled, strained or torn muscles, nerve damage, and joint damage. These types of injuries are most common in construction, with almost 100,000 employees suffering lifting-related injuries each year. To avoid becoming one of them:

Be cognizant of your strength and fitness, and avoid lifting things that are too heavy. Ask for assistance when needed.
Never lift with your back! We often hear this advice, but the reasons aren’t always clear. Back muscles are much less powerful and strong than leg muscles. For this reason, heavy weight should be borne by the leg muscles instead. To do this, keep your back straight and your feet hip-width apart. Bend your knees and lift at the same time that you extend your knees straight.
Never twist or bend the back while holding or moving heavy objects; keep heavy loads close to the body between your knees and shoulders
Take frequent breaks when lifting or moving heavy objects.
Use mechanical aids such as conveyors, slides, chutes, hoists, adjustable lift tables, and hand trucks to help you with a heavy lift.

A Boston work injury lawyer can help you recover damages if you’ve been injured in a work-related accident. Continue reading

September 11, 2018

How Much Can I Expect to Get in Workers’ Compensation Benefits?

by Altman & Altman

Most workers are entitled to benefits through a program called workers’ compensation if they become injured or ill on the job. But how long does it take to begin receiving benefits, and what exactly can an injured worker expect to receive?

If you’ve been injured on the job, you may be entitled to workers’ comp benefits, which generally include a percentage of your lost wages, medical expenses, vocational rehab, and benefits for permanent impairment, should this become necessary. A Boston workers’ comp attorney can help you determine how to proceed if you’ve been injured in a work-related accident.

No Pain and Suffering

August 31, 2018

Most Common Work Injuries In Massachusetts

by Altman & Altman

Each year in the United States, thousands of workers are killed and millions suffer non-fatal injuries. Among those injured, more than three million subsequently develop chronic medical conditions as a result. It’s common knowledge that certain industries—such as construction and logging—rank at the top of the “dangerous jobs” list, but no occupation is immune. In fact, some of the most common injuries—such as carpal tunnel syndrome and back problems—occur in office jobs. The data below, collected by the nation’s leading insurance companies, has revealed the top most commonly-reported work injuries and their causes.

Repetitive Motion Injuries

Continuously engaging in the same motions day in and day out over the course of several months or years can lead to injuries. Common repetitive motion injuries include eye problems, strained muscles, tendonitis, and carpal tunnel syndrome. To prevent these injuries, employees should receive adequate training on proper postures and should be provided with ergonomic equipment to reduce the incidence of injuries.

Entanglement

Factory workers often use heavy machinery to perform their jobs. When fingers, hair, or clothing become entangled in these machines, the worker can be pulled into the machine and become entangled. These injuries often result in the loss of one or more fingers or toes. They can also be deadly. To prevent machine entanglement injuries, protective equipment and training are essential, as are lockout/tagout mechanisms to prevent machines from starting unexpectedly.

Falls from Heights

Anytime someone is working from an elevated area—including roofs, ladders, and scaffolding—there is the potential for a deadly fall. Although falls from heights can occur in any industry, they are most common in construction. In addition to faulty equipment and lack of training and personal protection gear, falls from heights can also be caused due to slippery surfaces. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

Reaction Injuries

Typically caused when someone slips and trips but does not fall, reaction injuries can result in trauma to various parts of the body. Preventing these types of incidents can be difficult, but ensuring that walkways are kept dry and clutter-free goes a long way toward reducing the prevalence of reaction injuries. This is another area in which employee training and awareness are of paramount importance.

Slip and Fall Injuries

The number two cause of work-related injuries is slip and fall accidents. In fact, slip and fall accidents are one of the leading causes of accidental death and injury overall, not just in the workplace. To prevent slip and fall injuries, ensure that spills are promptly cleaned up, and keep walkways well-lit and free of clutter and debris.

Overexertion Injuries

The number one workplace injury is also the most costly. Overexertion injuries include those related to lifting, holding, pushing, pulling, and carrying. A MA work injury attorney can help you obtain the compensation you deserve if you’ve been injured on the job. Continue reading

August 3, 2018

Gov. Baker Officially Designates Cancer as a Work-Related Injury for MA Firefighters

by Altman & Altman

Considering that firefighters are 14 percent more likely to die from cancer than the rest of the population, Gov. Charlie Baker’s decision to deem cancer a work related injury for firefighters makes perfect sense. This new legislation will provide coverage for lost wages and all medical expenses for firefighters who develop cancer.

“Cancer is a very real hazard of the job, and we want to make sure we’re doing what we need to do to help those who serve,” said Baker.

According to Edward Kelly, the general secretary-treasurer of the International Association of Firefighters, prior to the new law, firefighters had little choice but to use their sick and personal days to take time off for cancer treatments, such as chemotherapy and radiation. A MA workers’ compensation lawyer can help you determine how to proceed if you’ve been injured or become ill on the job.

“As firefighters, we accept the sacrifice of our job as part of our calling,” said Kelly. “But when we get diagnosed with cancer, and we run out of sick leave and we go off the payroll and we lose our health care, that is just wrong.”

Dozens of MA families who have been impacted by firefighting-related cancer diagnoses were interviewed by lawmakers in an effort to get this law passed. Richard MacKinnon, president of the Professional Firefighters of Massachusetts, was particularly moved by the story of Anthony Colarusso, a Plymouth firefighter who died at the age of 39 from esophageal cancer. At the time of Colarusso’s death, he had lost his health insurance and hadn’t received a paycheck in more than three months.

“When this first happened, [Anthony] said he never wanted to see another firefighter go through what he went through,” said Colarusso’s mother. “I know now Tony’s up there and he’s celebrating.”

Cancer Doesn’t Discriminate

Female firefighters are just as at risk of developing work-related cancers as their male counterparts. As such, a provision of the new law includes reproductive and breast cancers.

“We realized that cancer knows no gender and we needed to have the same benefits for our increasing number of female firefighters across the state,” said MacKinnon. A Boston workers’ compensation attorney can help you get the compensation you deserve if you’ve been harmed due to a work-related hazard.

Since 2016, more than 300 firefighters have been diagnosed with cancer. Among them, 107 were able to return to work, 99 had to retire due to their illness, and 29 succumbed to the disease.

Work-Related Cancers

In most industries, linking cancer to work environment is difficult. That is not, however, the case with firefighting. Another common work-related cancer, mesothelioma, is also easy to trace to work environment. Long-term exposure to asbestos fibers, which were used in building installation for decades, is proven to cause mesothelioma. In fact, hundreds of people who haven’t worked around asbestos-laden insulation for three or more decades are still being diagnosed with mesothelioma each year. As a result, mesothelioma has long been a covered illness under workers’ comp. Fortunately, firefighters who develop cancer now have a similar ability to recover compensation for their injuries. Continue reading

July 17, 2018

Work Restrictions Following an On-the-Job Injury or Illness

by Altman & Altman

If you have been injured or become ill due to a work-related accident, you may be temporarily unable to perform the necessary tasks of your job. If you have to miss work because of a work injury, you may file a workers’ compensation claim to obtain reimbursement for medical expenses, and at least a portion of lost wages.

Once you have begun to heal, your physician may clear you to return to work. In many cases, however, this return is accompanied by multiple restrictions, put in place to prevent you from further injury or illness. These restrictions may come in the form of job modification, transitional work, or alternative job duties.

Job Modification

Depending on the type and severity of your injury, rehabilitation may be required for weeks, months, or even years. Until you are fully healed, it may be impossible to perform your previous job duties at the same level. That doesn’t necessarily mean that you cannot perform them at all, however. Your employer can modify certain tasks to lower the physical strain on your body, for example. Although certain functions of your job might change with modification, the position itself remains the same. A Boston workers’ comp attorney can help you determine how to proceed if you’ve been injured on the job.

Transitional Work

If you are still unable to return to your job on a full-time basis, or at full capacity, you may be able to perform light-duty, transitional work until you are completely healed. If your employer has a position available that meets your physician’s restrictions, you may qualify for transitional work in a) your position, but with reduced hours, or b) a lower-stress position. As you heal, your hours can be increased and/or you can be returned to your regular job duties/position.

There are many positives to transitional work. Namely, it allows an injured employee to re-enter the workforce in a safe, healthy manner. However, it’s not uncommon for employers to bring injured employees back—through transitional work or job modification—too soon, in an attempt to reduce their workers’ comp exposure. The same is true of job modification scenarios. If you believe you were pressured to return to work before you were ready, and you have been injured as a result, a MA workers’ comp attorney can help you recover damages.

There are typically three parties involved with job modification and transitional work arrangements—the employee, the physician, and the employer. When all three parties are in agreement that the employee should return to work in a modified or transitional capacity, and all requirements are adhered to, these arrangements typically benefit everyone involved. There are instances, however, in which the employer believes that the employee is “milking” the situation, and that the physician is “going along with it.” In such cases, the employer may pressure the employee to return to work before he/she is ready. Continue reading

July 17, 2018

How to Avoid Back Injuries in the Workplace

by Altman & Altman

According to the Occupational Health and Safety Administration (OSHA), lifting heavy objects is a top cause of workplace injuries in the United States. In fact, more than one-third of injuries resulting in lost work days involve a back or shoulder injury due to heavy lifting. The most common factors cited in back injuries are overexertion and cumulative trauma.

Fortunately, by following smart lifting practices at all times, you can dramatically reduce your risk of injury, including back sprains and strains, pulled muscles, wrist and elbow injuries, and injuries to the neck, shoulders, and spine. A Boston work injury lawyer can help you determine how to proceed if you’ve been injured on the job.

How to Reduce/Eliminate Common Hazards

Anytime you must lift an object or load heavier than 50 pounds, you are at an increased risk of back injury. Certain loads, such as bundles of wire or conduit, and heavy machinery, place an unsafe amount of stress on the vertebrae and muscles of the back. To reduce or eliminate these hazards, consider the following solutions:

Always use pallet jacks and hand trucks to move heavy objects or loads.
Never roll spools. They are nearly impossible to stop once in motion.
Use forklifts or other mechanical lifting methods whenever possible to lift heavy objects, such as transformers, conduit, and machinery.
Use suction tools to lift heavy objects with flat surfaces.
When lifting equipment into trucks, use lift gates or ramps.
If you must manually lift an item, always use smart lifting practices. Place the object level with your “power zone” (between mid-thigh and mid-chest) prior to lifting. Keep your spine straight and bend at the knees.
If possible, request that suppliers break down loads into smaller quantities (off-site) prior to delivery.
Try to limit manual lifting weight to 50 pounds or less. When heavier loads must be lifted manually, request the help of at least one additional worker. A MA work injury lawyer can help you recover damages if you’ve been injured in a workplace lifting accident.

Avoid Improper or Awkward Postures

Bending and reaching while lifting also increases the weight of the load on your back. As a result, the stress on the muscles, shoulders, and lower spine can lead to serious injury. This is even true of lighter objects. Other awkward postures, such as carrying a load unevenly on one shoulder or under one arm, can also lead to injury. To avoid injuries from awkward or improper postures, follow the tips below:

Hold objects close to your body when lifting.
Use your leg muscles to help lift an object from a low level.
Store objects that require manual lifting at “power zone” level.
Never twist your torso while lifting. Move your feet instead.

June 5, 2018

Workers’ Compensation Claim Timeline Explained

by Altman & Altman

If you’ve been injured in a work-related accident, your injuries may prevent you from performing the duties of your job. If you are unable to work for an extended period of time, the lost wages can be financially devastating. Fortunately, workers’ compensation exists to cover a percentage of your normal wages if you cannot work due to an on-the-job injury or illness. But when do those benefits kick in? For some people, even a few weeks without a paycheck can be disastrous.

As with most things in life, all workers’ comp cases are unique. However, the paragraphs below gives an idea of the general timeline you can expect once you file your workers’ comp claim. A MA workers’ comp attorney can help you determine how to proceed if you’ve been injured on the job.

Seek Medical Attention

Your injury is the official kickoff of your workers’ compensation claim. As such, you will want to take certain steps immediately following your injury to ensure that your claim is received and completed in a timely manner, namely, seek medical attention. Not to mention, medical treatment after an accident is in the best interest of your overall health and well-being. In MA, as in most other states, either the employer or its workers’ comp carrier must pay for an injured employee’s medical bills as soon as the claim is filed. In layman’s terms, you don’t have to wait for approval to receive compensation for medical expenses.

Report the Injury to Your Employer

Step two is to report your injury to your employer, and do so in writing. As soon as you report your injury, your employer is obligated to provide you with a claim form. Fill this form out completely and file immediately. And don’t forget to keep a copy for your records.

Employer’s Responsibility

At this point, your employer is required to notify its insurance carrier immediately to arrange for medical treatment and compensation. In some cases, the employer must also submit a wage verification form to the insurance company.

Wait on the Insurance Company’s Decision

Once the claim has been received by the insurance company, the insurer has 30 days within which to either accept or deny the claim. If approved, the insurer will begin paying benefits almost immediately. If denied, you have a small window within which to request a review hearing. In most cases, the hearing will occur within 30 days of your request, and a final decision will usually be made within 15 days.

To summarize, if you take immediate steps to ensure that your claim is processed as quickly as possible, and your claim is approved on the first try, you should start receiving benefits within one month. That being said, initial claims are often denied due to minor application errors or omissions. That is why it is so important to consult with an experienced Boston workers’ comp attorney. With skilled legal representation, you are more likely to receive the full benefits you deserve in a timely manner. Continue reading