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A former employee for Sears, Roebuck and Co. was injured on the job, took workers’ compensation leave, and later learned that he’d been terminated when his wife’s discount card was denied. That incident resulted in a lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC) in 2004.

The suit accused the company of illegally firing a disabled worker and failing to make reasonable accommodations that would have allowed the injured service technician to return to work. In response, Sears Holdings Corp. has agreed to pay $6.2 to settle the lawsuit.

The three-year consent decree requires the company to abide by the Americans with Disabilities Act (ADA), amend its workers’ compensation leave policy, provide reports to the EEOC outlining its workers compensation practices, and train employees on the ADA.

Sears settles lawsuit with disabled former worker for $6.2M, Chicago Sun-Times, September 29, 2009 Continue reading

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A 50-year-old construction worker from Plymouth was seriously injured on Wednesday morning after falling from a 25-foot-high scaffold. The scaffold accident occurred at a waterfront construction site in Cohasset, Massachusetts, where three workers were installing siding to restore several buildings.

An emergency call came in at 11:23am and the injured foreman was airlifted to Brigham and Women’s Hospital in Boston, where he was in critical condition according to police. He reportedly suffered severe head injuries.

The construction accident is being investigated by an inspector from the federal Occupational Safety and Health Administration to determine if proper fall-protection equipment was used. According to a spokesman for OSHA, work being performed at more than 6 feet generally requires guardrails or the wearing of safety harnesses.

Plymouth laborer injured in fall at Cohasset construction site, The Patriot Ledger, October 1, 2009 Continue reading

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The Occupational Safety and Health Administration (OSHA) has cited a Falmouth, Massachusetts construction contractor for alleged willful and serious violations of safety standards after an excavation accident in Kingston. Employees were working in a 5.5-foot-deep excavation when one of the sidewalls collapses, partially burying an employee. OSHA requires that all excavations deeper than 5 feet between protected against collapses before workers enter them.

OSHA inspectors found that the excavation lacked protection to prevent a collapse. The asphalt also had not been removed or supported to prevent it from falling on workers. Fortunately, none of the workers were killed in the accident.

Following its inspection, OSHA issued one willful citations with a $63,000 proposed fine for the unprotected excavation. It also issued one serious citations with a $6,300 fine for not supporting or removing the asphalt atop the excavation. The company has 15 days to comply, meet with OSHA, or contest the finding before the independent Occupational Safety and Health Review Commission.

Cave-in at Construction Site Leads to Nearly $70,000 Fine for Contractor, OHSonline.com, September 25, 2009 Continue reading

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Earlier this month, a Waste Management worker was killed in a garbage truck accident at Boston’s Fenway Park. The workplace accident was reported at around 8:35am on the morning of September 4. Fire, police, and emergency medical services personnel reportedly responded to the call.

Emergency medical personnel found the truck accident victim near a loading dock staircase at Fenway Park. According to a report, the victim suffered severe injuries from being crushed. He also suffered from cardiac arrest and was taken to Beth Israel Deaconess Medical Center, where he was pronounced dead.

The fatal accident was being investigated by police and the Occupational Safety and Health Administration.

Man killed in garbage truck accident at Fenway Park, Boston Globe, September 4, 2009 Continue reading

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Our Massachusetts workplace accident lawyers recently read about a string of workplace fatalities in late August and early September. In the course of one week, there were three workplace deaths in Massachusetts. The first fatality involved a 34-year-old police officer who died in Weymouth while directing traffic at a utility site.

A few days later on August 31, an Attleboro water department employee died after being hit by a van while he was repairing a break in the water main. A few hours after that, a 51-year-old worker fell from a forklift and hit his head at a Super-Dog Pet Food Co. warehouse in Taunton. That warehouse accident marked the third workplace fatality in a week.

Authorities noted that one year ago, Super-Dog Pet Food Co. received eight safety violations from OSHA. Three of those were for violations of powered industrial trucks (forklifts). They also received a violation for failing to ensure that every operator had successfully completed the operator safety training.

In One Week, Three Workplace Deaths in Massachusetts, EHSToday.com, September 3, 2009 Continue reading

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Our Massachusetts workers’ compensation attorneys have recently learned about a new website that gives the public the ability to check if a business has workers’ compensation insurance. According to the Division of Industrial Accident, over $53 million has been paid out of the Workers’ Compensation Trust Fund in the past decade to pay injury claims of workers who were employed by businesses that did not have workers’ compensation.

The goals on the new online database are to give homeowners the ability to verify that hired contractors have workers’ compensation insurance, allow medical providers to check coverage when treating an injured worker, and let general contractors check that all subcontractors are adequately insured. In addition, state and municipal officials can ensure worker’s compensation compliance with licensing, permitting, and awarding public contracts. The site also helps protect employers from agent and broker fraud because they can ensure their own cover.

In addition to Massachusetts, 36 other states have similar databases.

Massachusetts Allows Public to Verify Workers’ Comp Coverage, InsuranceJournal.com, September 17, 2009
Web Resource
Massachusetts Department of Industrial Accidents’ (DIA) online Proof of Coverage Verification Application
Continue reading

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On Wednesday, a construction worker in Missouri died of injuries sustained on the job. His name and the name of his company have not been released to the public. The construction accident occurred around 11:30am near Excelsior Springs in Clay County.

According to authorities, the construction accident victim was working for a contractor or subcontractor on a $376,000 county project building a new bridge over the creek. The area’s roadway was closed for construction, and the accident involved a piece of construction equipment. The Missouri Highway Patrol is investigating the fatal accident.

Work on the project was suspended for several days to allow the victim’s co-workers to grieve.

Worker dies from injuries in construction accident, KansasCity.com, September 16, 2009 Continue reading

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Last week, a construction accident in Howell Township, Michigan killed a 61-year-old worker.

A 3,500-pound panel was being unloaded from a truck last Wednesday morning when it fell on the truck driver and crushed him. He had been hauling concrete slabs for a construction project and was pronounced dead at a local hospital. The fatal accident occurred around 7:50am when the panel fell off a tractor trailer.

State and country officials, as well as authorities from the Occupational Safety and Health Administration, are investigating the construction accident.

Man crushed by concrete in Howell Township, Detroit Free Press, September 10, 2009
Ohio man killed by concrete slab at Mich. worksite, Chicago Tribune, September 9, 2009 Continue reading

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Last week, a Massachusetts man sustained fatal injuries in an electrical accident while working on renovations to a supermarket in Stow. Police have not released the name of the 33-year-old electrical subcontractor, who is from Athol. He was not an employee of Shaw’s Supermarket, which is based in West Bridgewater.

Police and fire departments were called to the scene of the construction accident at 2:50pm on Tuesday, September 1. The accident victim was taken to Emerson Hospital, where he was later pronounced dead.

According to a spokesperson, Shaw’s is working with authorities and conducting an internal investigation of the construction accident. The federal Occupational Safety and Health Administration is also investigating to see if there any safety violations.

Accident kills worker at Stow supermarket construction site, WickedLocal.com, September 8, 2009 Continue reading

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Massachusetts is among the six states that currently require construction workers to complete OSHA’s 10-hour construction safety training course before they can work on certain construction projects. The other states includes Connecticut, New Hampshire, Rhode Island, New York, and Missouri. Nevada’s new OSHA training law will go into effect on January 1, 2010.

OSHA developed its 10-hour construction outreach training course as a voluntary safety course to teach workers about the hazards of construction work and the regulations that apply to their worksite. While several states have made the training mandatory in an attempt to reduce the number of construction accidents and injuries, some larger companies also have an authorized OSHA trainer on staff. OSHA has also authorized workers to take the required class online and receive the wallet card through the mail.

Several states only require the training for workers on publicly funded construction sites, but Nevada will require all construction workers to complete the training.

OSHA 10-Hour Construction Safety Course Now Mandatory in Seven States, Reuters, September 1, 2009 Continue reading

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