Massachusetts Workers' Compensation Lawyer Blog

March 21, 2013

Steelworker Rushed to Hospital After Falling Off Roof at Duxbury, MA High School

A steelworker working at the new Duxbury High School was rushed to the hospital on Wednesday afternoon, after a 20-foot fall from the building’s roof.

According to emergency officials, two workers fell from the building’s roof decking around 3 p.m. One of the workers was caught by the safety harness he was wearing, but the other worker’s harness cable snapped, causing him to fall two stories to the ground. Construction workers were able to free the suspended worker before emergency crews arrived.

Duxbury Fire Chief Kevin Nord, said the worker who fell suffered non-life threatening injuries to his neck, back, and torso, and was taken by ambulance to South Shore Hospital in Weymouth, MA. Occupational Safety and Health Administration (OSHA) officials immediately responded to the construction site after the incident.

The injured worker is entitled to his worker compensation benefits, which include:

• Immediate payment of all lost wages • Ensuring that all necessary medical care is provided for in a timely fashion • Having all bills processed and paid by the workers’ compensation insurance carrier
Continue reading

March 18, 2013

Milford, MA Employee Suffers Burns after Explosion at Glass Bottling Plant

by Altman & Altman

An employee at a glass bottling plant in Milford was hospitalized with first-degree burns to his face after a propane tank explosion on Sunday morning.

According to Milford Fire Lieutenant Frank Ferrante, the employee, 55, was filling up a forklift’s tank at Saint-Gobain Containers Inc. when the one-thousand gallon propane tank exploded. It took firefighters nearly an hour to control the fire because the main tank was still spewing fuel when crews arrived at the scene.
Continue reading

March 8, 2013

Framingham, MA Employee Injured in Accident with a Saw

by Altman & Altman

A Framingham, MA Public Works employee was seriously hurt in an accident with a 14-inch circular blade chop saw, said Framingham Police Lt. Ron Brandolini.

The unidentified DPW water department employee, in his 20s, was working on the sewer on Woodlawn Drive when the gas-powered saw he was using kicked back and cut his left shoulder, said Framingham Town Manager Bob Halpin. He “severely cut an artery in his arm” as he was working in the trenches, said Halpin. He was conscious and communicative at the scene of the accident.

The employee climbed out of the trench on his own, and then his co-workers treated him until emergency responders arrived, using a belt as a tourniquet. “It was a harrowing experience,” Halpin said. “They basically saved his life.” Halpin described the incident to Framingham Selectmen as a “serious workplace” accident.

A medical helicopter brought the employee to Beth Israel Deaconess Medical Center in Boston for treatment. The employee was in stable condition.

Kevin Franck, Director of Communications for the Massachusetts Office of Labor and Workforce Development, said “Framingham Police Department notified the (Massachusetts) Department of Labor Standards that a worker for the Framingham Water Authority received serious injuries while working in a trench with a circular saw,” He added that “A DLS employee was immediately directed to the scene to conduct a survey of the worksite and interview witnesses and other public employees present. Our investigation will focus on whether common industry standards for safety were in place, why the accident happened and how similar accidents can be prevented in the future. DLS is tasked with looking into public sector occupational accidents and helping employers to ensure the safety of public workers.”
Continue reading

March 7, 2013

PA Natural Gas Producer Issued Citations after Failing OSHA Safety Inspection

by Altman & Altman

Natural gas producer J.R. Resources was issued eight citations by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), for safety violations at its Ringgold well site. OSHA launched the investigation last August after a worker died from injuries he suffered at a flash fire. Officials determined J.R. Resources failed to maintain a safe work environment and failed to require and provide flame-resistant clothing that may have saved the worker.

Of the eight violations, J.R. Resources was issued seven serious violations, including failing to require and provide flame-resistant clothing to be worn when working around natural gas; failing to provide fall protection from stairs on brine tanks; failing to provide a written hazard communication program and training; and improperly labeling tanks and failing to prevent workers from riding in the bucket of a backhoe. They were also given a fire hazard citation for an electrical pump that was placed near flammable materials. OSHA issued the citations because the violations posed substantial probability of death or serious physical harm to workers, and J.R. Resources knew or should have known about the hazards.
Continue reading

February 25, 2013

Employee of Stoughton, MA Company Severely Injured at Work

by Altman & Altman

A truck weighing close to 140,000 pounds rolled or slid backwards, crushing the legs of an employee of a Stoughton, MA company.

The unidentified man was working for J.F. White Contracting Co., repairing commuter rail tracks and the Shawsheen River bridges by the Lupine Road. He was attempting to attach a heavy equipment trailer to the truck. The piece of equipment was a Caterpillar 330D and low-drill attachment that was en route to another construction site about 2 miles away, said Fire Chief Michael Mansfield in a press release.

Police received a 911 call about the accident at around 11:38 a.m., Mansfield said. When police and firefighters arrived at the scene, they found the worker pinned under the tractor-trailer’s two rear tires. It took about 25 minutes to free the victim, said Mansfield. He said firefighters lifted the tractor-trailer and machinery off the man using rescue air bags.

Andover Police Lt. James Hashem said the man sustained “a severe crushing injury to his lower extremities.” Police are waiting to notify the man’s family before releasing his identity, Hashem said.

Andover Fire Rescue personnel and Lawrence General Hospital paramedics took the man from the scene of the accident to Beth Israel Hospital in Boston via Med-Flight. Mansfield said the man suffered “life-threatening injuries,” but was conscious and alert. The Med-Flight helicopter landed in the parking lot of Hewlett-Packard off Dascomb Road.

Massachusetts State Police, the Occupational Safety and Health Administration, and Andover Police are investigating the accident.

F.J. White did not comment on the incident. The company has performed substantial work on railroad tracks around Massachusetts, having rebuilt the bridge over the Merrimack River from Haverhill to Bradford.
Continue reading

February 6, 2013

Bubble Wrap Saves Falling Boston Construction Worker

by Altman & Altman

A construction worker fell 30 feet off a building but escaped serious injury when he landed on bubble wrap, said a spokesman for the Boston Fire Department.

The 38-year-old-man, whose name hasn’t been released, lost his balance while working on the building at 1959 Commonwealth Avenue in Boston, falling through the wooden planking of the scaffolding, said Boston Fire Department spokesperson, Steve MacDonald.

Firefighters had to cut him free from the bubble wrap. He then went to the hospital to receive treatment for back and shoulder injuries.

The building is currently under construction, and covered in bubble wrap to keep in heat and dust and block winds. “The plastic was covering the entire side of the building and engulfed him,” MacDonald said. “We had to slice the plastic away so the medics could treat him.”

One area resident reported hearing the man fall. “I heard like a crash, sort of, but I didn’t hear any voices after that. I guess it sounded like a rustling of this and a little boom,” said Karli Sultzbaugh.

Sultzbaugh said construction had been going on at the building for a while. “So, I just expected they had been knocking on something. I don’t know if he got tangled up in the plastic and that pretty much saved him from falling onto the concrete, so that’s really good.”

Federal safety officials are now investigating the incident. Representatives of OSHA, the federal agency that oversees workplace safety, arrived at the construction site later that day to inspect the building. At the moment, investigators aren’t sure where the man was standing before he fell, and don’t have much information about the company responsible for the construction.
Continue reading

December 5, 2012

Research Indicates Older MA Workers Not a Drain on Workers’ Compensation

by Altman & Altman

Research shows that older Massachusetts employees are not necessarily more of a drain on the workers’ compensation system than younger employees.

A recent report from the National Council on Compensation Insurance stated “there is growing evidence that an aging workforce has a far less negative impact on workers compensation claim costs than might have been thought.”

The study found that costs for workers age 35 to 65 tend are be quite similar. Duration, treatments per claim, benefits per day, and costs per treatment are all similar for people in this age range. Costs for people age 35 and younger are lower, but older employees’ higher wages and in turn, higher premiums, offset this difference. Older workers have more costly injuries, but those injuries are becoming more prominent for younger workers.

NCCI explains that our physical and mental performance deteriorates as we age, but at a much slower rate than many assume. The report cited an earlier study that looked at three measures of performance: long-distance running, sprinting, and chess. For individuals age 35 to 65, the deterioration rate is 27% for a long-distance run, 19% for a sprint, and only 6% for chess.

Employers are also taking extra measures to keep their employees safe on the job site. Vulcan Materials Company changed the location of water tanks in delivery trucks, moving them from the top to the side, to make them easier to fill. It has also decreased the weight of chutes used for dispensing concrete. Harley Davidson provides trainers to treat aches and pains between shifts, and Duke Energy Corporation has a stretching program for its employees.
Continue reading

December 3, 2012

Whistleblowers Protected Under New Legislation

by Altman & Altman

President Barack Obama enacted legislation last week that gives protection to federal employees who expose fraudulent operations, wastefulness, and abuse in federal government operations. This new law has been the end result of a thirteen-year push by advocates of whistleblower rights, who sought to eliminate loopholes created by various court rulings which stripped protections for federal whistleblowers. One of the loopholes eliminated by the law said that whistleblowers were only protected by the law when they were the first to report misconduct.

The new law expands the rights of whistleblowers and brings ease and clarity to certain protections, making the process of punishing supervisors who attempt to retaliate against government employees easier. It also allows whistleblowers to challenge the consequences of government policy decisions which was never allowed before. Additionally, the law will clarify that whistleblowers have the right to communicate with Congress, a question that was formerly unresolved.

The law also gives specific protection to some employees, like government scientists and researchers who are the victims of censorship restrictions. The employees of the Transportation Security Administration would also be protected under this law as they were not previously.
Continue reading

November 28, 2012

Office Injuries May Warrant Massachusetts Workers’ Compensation

by Altman & Altman

While working at an office may sound like one of the safest places to have a job-free from the dangerous hazards faced by someone working in construction or another type of employment that exposes him/her to unsafe conditions on a daily basis-serious work injuries can still result. Unfortunately, many injured office employees don’t realize that they may be entitled to Massachusetts workers’ compensation benefits. Rather than avail of these benefits, they end up unnecessarily spending from their own pockets for medical care and rehab.

Examples of Common Office Accidents:

Fall accidents: These may range from Boston slip and fall accidents on wet floors to trip and fall accidents over a power cord, an open desk drawer, or loose carpeting. Step and fall and stump and fall accidents can also happen.

November 9, 2012

Construction Worker Injured on South Boston Job Site

by Altman & Altman

A construction worker in South Boston suffered minor injuries after he was buried up to his waist in concrete for over an hour. According a spokesperson for the Boston Fire Department, the employee’s foot became trapped while he was checking a wooden form that was holding some concrete in place. The incident occurred at One Channel Center in South Boston, which is the proposed future site of a 525,000 square-foot, 11-story office building.

The fire department used special tools to free the man, and EMS crews also oversaw the process to ensure his safety. According to Boston District 6 Fire Chief Mark Buchanan, the procedure took over an hour due to the tenuous circumstances. He was also given an IV of pain medication throughout this process but, according to Buchanan, remained “conscious and alert.” Once freed, the man was taken to a local hospital and is said to be in stable condition.
Continue reading