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On Monday afternoon around 1pm, a construction worker was injured when a 10-by-13 foot concrete slab fell on his arm, pining it between the concrete and a pipe.

The large slab was dislodged while crews performed maintenance work of the ceiling of an underground parking garage. The construction accident occurred on the lowest floor of a three-level garage in New York City’s Upper Eat Side.

The injured worker was taken to a local hospital. Fire and police officials at the scene of the construction accident said his injuries were non-life-threatening.

Source: Worker Injured in Upper East Side Construction Accident, DNAInfo.com, June 7, 2010 Continue reading

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A former flight attendant for Delta Air Lines who sustained severe back injuries when an aircraft came to an abrupt stop on the runway attempted to file a personal injury suit against the airline. After several spinal surgeries, she was still unable to return to work as a flight attendant.

The 1st U.S. Circuit Court of Appeals upheld the dismissal of her personal injury suit. Massachusetts law states that an employer is entitled to immunity from personal liability when the injury occurs in the scope of employment.

The claimant asserted that while she had been employed by Delta, she ended her employment relationship when she went to work for Song Airlines. However, since Song Airlines is a Delta subsidiary, the court found that she was still under Delta’s control. Therefore, the former employee was provided workers’ compensation as the sole remedy for her back injuries.

Source: Employment relationship with airline derails personal injury suit, RiskandInsurance.com, June 3, 2010 Continue reading

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The Cambridge, Massachusetts-based Workers Compensation Research Institute (WCRI) has released data from a new study that examined payment per claim for drugs prescribed to injured workers. The study covered 16 states, and found that the average number of pills per claim with prescriptions in Texas was 41% higher than the study’s median. The average number of prescriptions per workers’ compensation claim was 34% higher.

While injured employees in Texas received the same types of medications as workers in other states, Texas physicians more frequently prescribed muscle relaxants and anti-infectives. WCRI attributed this discrepancy to regional differences in medical training or practice norms.

The average price per pill paid to Texas pharmacies was comparable to the median in the 16 states studies, but doctors in Texas had a slightly higher incidence of using brand name medications. This study is part of an annual series that will benchmark the cost, price, and utilization of pharmaceuticals in workers’ compensation.

Source: Payment Per Claim For Drugs Prescribed To TX Injured Workers Nearly 30 Percent Higher Than Study Median, WorkersCompensation.com, May 11, 2010 Continue reading

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While climbing a scaffold at a Brookline, Massachusetts job site, an employee of a masonry contractor fell 30 feet. After the fall accident, when OSHA inspectors visited the job site, they found that it lacked a ladder or other safe means of accessing its upper levels. They also discovered that the contracting company had not provided workers with fall protection while working on the scaffold. Safety regulations require employers to provide fall protection for each employees on a scaffold that is higher than 10 feet above a lower level.

As a result of these alleged unsafe conditions, OSHA issued two willful citations against the masonry company, totaling $56,000 in proposed fines. OSHA also determined that the scaffold was not fully planked and that workers were at risk for electrocution, because the scaffold was located less than 18 inches from uninsulated and energized power lines. The company also received two serious citations in $5,600 in proposed fines.

The Weymouth-based company faces $61,600 total in proposed fines and has fifteen business days from receipt of the citations to comply, contest the findings, or take part in an informal conference with OSHA’s area director.

Source: OSHA Fines Contractor $61,000 Following Worker’s 30-Foot Fall, OHSonline.com, May 27, 2010 Continue reading

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On Monday evening, a three-alarm fire at an Everett triple-decker home injured two firefighters and left a dozen people homeless. An estimated 70 firefighters were called the scene of the fire, and fire authorities originally closed off a section of Route 99 in Everett. They later reopened that stretch of road.

Firefighters saved four residents, among them a 10-year-old fire victim, from a third floor apartment. The left side of the building later collapsed. All 12 people who were living there had been accounted for, but they are now homeless.

Two injured firefighters were taken to Massachusetts General Hospital with non-life threatening injuries.

Source: 2 firefighters hurt while battling blaze at Everett home, WHDH.com, May 25, 2010 Continue reading

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According to The Boston Globe, a cleaning man was hospitalized after he was sucked into a seasoning machine at a sausage-making company in Danvers, Massachusetts. He was reportedly cleaning the vacuum-type machine on Thursday evening when it activated, sucking his head and shoulders into the machine.

A policeman told reporters that the man was freed from the machine and showed no obvious signs of trauma. He was transported to a local hospital as a precaution.

The machinery accident is being investigated by the Occupational Safety and Health Administration.

Source: Police: Man sucked into sausage seasoning machine, The Boston Globe, May 23, 2010 Continue reading

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Our Boston personal injury attorneys recently read an article about so-called “blame the worker” safety programs. Examples include “safety incentives” where management awards prizes to workers for not reporting injuries. In some cases, management may also revoke perks during months when the company had reported injuries or force a worker who reported an injury to wear a fluorescent orange vest for a week.

Pressuring workers to hide injuries can have catastrophic results, because when workers fail to report injuries or illnesses, the hazards go unadressed. In fact, one Massachusetts employer received an award for having zero recordable injuries and the following year, a worker was crushed to death in a machinery accident. It later came to light that the company had had minor injuries on the machine, but they went unreported.

Reporting injuries not only ensures that the worker gets the workers’ compensation or other care they need, but also helps ensure that the company makes vital safety adjustments to prevent future incidents.

Source: Confronting Blame-the-Worker Safety Programs, LaborNotes.org, May 19, 2010 Continue reading

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According to MassCOSH (the Massachusetts Coalition of Occupational Safety and Health), eight Massachsuetts teens have been killed at work since 2000. Many of them were performing jobs that were in violation of Child Labor Laws. On top of that, an estimated one thousand minors are treated for work-related injuries in Massachusetts emergency rooms each year.

Just in time for young people beginning summer jobs, Governor Deval Patrick has dubbed May “Safe Jobs for Youth Month” to raise awareness about the increased risk of workplace accidents among young workers who may not be aware of their rights or may be asked perform tasks which they lack the strength or experience to perform safely.

Governor Patrick’s proclamation was announced recently at a three-day youth leadership conference. Students from across Massachusetts gathered to discuss ways of decreasing Child Labor Law violations, workplace deaths, and injuries.

Source: “Safe Jobs for Youth” month, Boston.com, May 13, 2010 Continue reading

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Over the weekend, a highway construction accident seriously injured a worker when he was hit by a car. Police said the 22-year-old man was working in a construction zone early Sunday morning when an eastbound vehicle entered the two-lane construction zone and hit him around 2:15am Sunday morning.

The injured worker was taken to Saint Mary’s Health Care, and driver allegedly responsible for the construction accident was arrested at the scene of the accident. Police say they believe alcohol may have been a factor, but they have not released any additional details.

The workplace accident remains under investigation.

Source: Lansing man injured in construction accident, Lansing State Journal, May 17, 2010 Continue reading

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A Brighton-based contractor has been cited by OSHA for alleged excavation hazards. A combination of willful, serious, and other-than-serious violations of safety standards led to a total of $S61,650 in proposed fines.

During an inspection conducted by OSHA’s area office in Braintree, Massachusetts, investigators found employees working in a trench more than eight feet deep without cave-in protection and a safe means of exit. The company had also piled excavated spoils at the edge of the edge, exposing workers to potential crushing or struck-by hazards.

The inspection resulted in one willful citation with a proposed fine of $49,500 for storing materials of the edge of the trench. In addition, the company received two serious citations for failing to provide collapse protection and an exit ladder. Those citations carry $8,500 in fines. Lastly, OSHA gave the company four other-than-serious citations for incomplete injury and illness records, a violation which adds $3,600 in fines.

Source: Contractor Cited for Cave-in Hazards, Other Trenching Violations, OHSonline.com, May 12, 2010 Continue reading

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