Massachusetts Workers' Compensation Lawyer Blog

August 22, 2008

Construction Worker Dies After Falling From Metal Beam

Thomas Gehl, a 41-year-old construction worker, died recently after falling 14 feet from a metal beam and sustaining head injuries. He was working on an addition to Douglas Elementary School in Douglas, Michigan and had been employed by FCC Construction for over a decade. He had also volunteered as a firefighter in Caledonia, Michigan.

The construction worker was transported by ambulance to Spectrum Hospital and later died.

According to the Bureau of Labor, more than 5,700 construction workers died in construction accidents during 2006. Many others sustained injuries that prevented them from returning to work, which can take an emotional and financial toll on the worker and their families. Construction workers are in a high-risk profession due to the threat of hazardous substances, on-site explosions, faulty equipment, and other factors.

Construction worker severely injured by falling beam, WoodTV.com, July 28, 2008
Mich. man dies after school construction accident, MLive.com, August 13, 2008 Continue reading

August 21, 2008

Construction Worker Killed by Road-Grader at Construction Site

by Altman & Altman

Last Friday in Titusville, Florida, a construction worker was killed when he was run over by a road-grader at around 4:40 pm. The construction project was intended to add two additional lanes to Grissom Parkway.

As of this writing, 48-year-old construction worker had been indentified so that police could notify his next of kin. He was an employee of KCF Site Construction, which was completing the work on Grissom Parkway.

No charges were filed against the driver of the road-grader; however, police said the driver is 47 years old and is employed by the same construction company. The accident is still under investigation.

With heavy-duty equipment and often treacherous conditions, construction sites are among the most dangerous places to work. Potential injuries include fires, welding accidents, motor vehicle accident, and on-site explosions.

Worker Killed In Construction Accident in Titusville, MyFox.com, August 15, 2008
Road-grader cited in death at Titusville construction site, FloridaToday.com, August 15, 2008
Worker Run Over By Road-Grader, Killed, Local6.com, August 15, 2008 Continue reading

August 18, 2008

Lynn, Massachusetts Man Hit by MBTA Bus

by Altman & Altman

MBTA transit police are investigating a bus crash that occurred last Monday in Lynn, Massachusetts and left John Pappas, of Lynn, with serious leg injuries. The 48-year-old man was struck by an MBTA bus and was listed in stable condition (as of last week) at Massachusetts General Hospital. Doctors performed emergency surgery after the bus accident.

Soon after the 2:34 pm accident, Pappas’ loved ones arrived at the scene. They found debris, including the clothes and shoes of the victim, strewn on the street next to a parked car.

Lynn Police and Transit Police questioned he bus driver, Ceferino Rosa, also of Lynn, as well as passengers who were riding the Route 436 bus from Liberty Tree Mall in Danvers to Central Square in Lynn. The bus accident occurred on a side street that runs between Chestnut Street and Ford Street in Lynn. The bus had taken a detour, since Chestnut Street was closed in directions for construction.

Police blocked off the street late into the evening of last Monday so they could examine the scene of the accident.

Police identify bus crash victim and driver, The Daily Item, August 13, 2008 Continue reading

August 15, 2008

NY Times Editorial Voices Crane Safety Concerns

by Altman & Altman

As longtime Boston residents may recall, a crane accident injured a construction worker 1999 during the Big Dig. More recently, fatal crane accidents in New York City, Texas, and Oklahoma have brought crane safety back into the public interest.

In response to the deaths of these construction workers following crane accidents and growing public concern over crane safety, the New York Times recently published an editorial calling for the current administration to take action and approve new standards for crane safety. The last time the federal safety rules had a significant update was in 1971.

According to the editorial, OSHA estimates that crane accidents take the lives of approximately 80 workers per year. The article also points out that concerned construction workers in Las Vegas have actually walked off the job to protest the lack of crane safety regulations.

Long Overdue Crane Safety, New York Times, August 2, 2008 Continue reading

August 13, 2008

OSHA Fines New England Wood Pellet, LLC for Safety Violations

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) has proposed fines totaling $135,200 for twelve alleged safety violations at New England Wood Pellet, LLC’s manufacturing plant in New Hampshire.

These citations come in response to an incident on January 23 where an employee was found in an unguarded conveyer. The list of alleged safety violations also includes two willful citations for combustible dust hazards and unguarded pulleys, which accounts for over $100,000 in fines.

The company also received fines for not having adequate fall protection for employees working on conveyors or employee training about working in confined spaces. In addition, they were cited for their lack of personal protective equipment for employees working on electrical equipment and for their incomplete injury and illness log.

According to Rosemarie Ohar, OSHA’s area director in Concord, “The sizable fines proposed here reflect the breadth and severity of the hazards identified during this inspection, including unguarded conveyors and exposure to fire and explosion hazards due to the design, construction and location of systems used to collect combustible wood dust generated during the manufacturing process.”

August 11, 2008

New England Construction Worker Dies After Fall

by Altman & Altman

Brian Millet, 54, died last week at Baystate Medical Center in Massachusetts after falling four stories down an elevator shaft in a Hampton Inn under construction in Enfield, Connecticut. Millet was still conscious when medical personnel arrived at the scene of the accident, but he later died of injuries sustained during the fall.

The Occupational Safety and Health Administration (OSHA) is investigating the construction site accident but has no information about Millet’s employment status. When the construction site was inspected back in March, no violations were found, according to OSHA’s inspection data.

However, the construction company did have a serious safety violation on record from 2005. They also received a serious citation in 2003 because they did not have fall hazards over 15 feet secured by guard rails or other protection. After an appeal, the company settled the case and paid $5,000 for the safety violation.

OSHA Investigating Construction Worker’s Fatal Fall In Enfield, Courant.com, August 2, 2008
Killingly man identified as victim in Enfield construction accident, Norwich Bulletin, August 1, 2008 Continue reading

August 8, 2008

Dorchester Construction Accident Injures Worker

by Altman & Altman

In Dorchester, Massachusetts at the site of a new commuter rail stop under construction, an eight-ton piece of equipment injured a construction worker when it began swinging through the air last week. The worker sustained non-life threatening chest injuries and was transported to Boston Medical Center for treatment.

Construction sites are among the most dangerous working conditions, and construction hazards can include welding accidents, fires, crane collapses, explosions, and other dangerous circumstances. As a result, injured workers may sustain spinal cord injuries, disfigurement, or brain trauma. Some injuries some be so severe that they prevent the victim from returning to work. The Occupational Safety and Health Administration (OSHA) monitors safety conditions at construction work sites and other sites to ensure that appropriate safety precautions are followed.

In the event of an injury on the job in Massachusetts, you need a lawyer who understands OSHA regulations and will work with you, your employer, and your insurer to make sure you receive all of benefits you are owed. Contact a Massachusetts construction accident lawyer for information on your right to workers’ compensation. We have represented seriously injuries workers in cities throughout Massachusetts, so ask about your free consultation.

August 6, 2008

Ironworker’s Family Files Wrongful Death Suit After Fatal Crane Collapse

by Altman & Altman

One worker was killed and another injured in a recent crane collapse in Oklahoma City. The Occupational Safety and Health Administration (OSHA) and the coroner’s office are investigating the July 23 accident and say it could take over a month to determine the cause.

Meanwhile, the family of 33-year-old ironworker Joshua Dawe has filed a wrongful death lawsuit again Johnston Contractors, Inc. Dawe was in the basket of an aerial lift when the crane’s boom collapsed onto the baset, killing his instantly. His family is seeking over $50,000 in damages. John Contractors, Inc. was in charge of coordinating and inspecting work at the construction site, but the company claimed it does not own, operate, or maintain the crane or aerial lift.

Attorneys for Dawe’s estate had until yesterday to inspect the site of the accident. The Country Associate Judge has issued an order preventing OSHA from altering or repairing the crane and a 4-foot boom cable. However, work may continue in other areas of the construction project.

August 4, 2008

Framingham Group Aims to Help Immigrant Workers Denied Overtime and Workers’ Compensation

by Altman & Altman

In Framingham, Massachusetts a new organization called the MetroWest Immigrant Worker Center has opened its doors on Union Avenue. The local group formed last fall and has been conducting outreach work through local churches attended by immigrants. Director Diego Low says the organization hopes to assist workers in pursuing their rights and navigating Massachusetts’ legal system.

For instance, the employer of a group of local immigrant workers denied the workers their right to workers’ compensation and another refused to pay overtime for extra hours worked. In one case, a worker was severely injured on the job but did not challenge his employer for fear of repercussions. These are the types of cases that the MetroWest Immigrant Worker Center will take on.

The Center for Immigration Studies estimates that about 5% of the United State’s workforce is in the country illegally. Despite what many people believe, illegal workers are still entitled to be paid for their work and any overtime. They are also entitled to workers’ compensation if they are injured on the job.

July 30, 2008

Construction Worker Safe After Spending Hours Buried

by Altman & Altman

OSHA will investigate the site of a construction accident in Eden Prairie, Minnesota. The accident occurred on a Thursday morning a few weeks ago when the ground gave way around Christopher Coppin, trapping the 34-year-old man for several hours. An estimated 100 rescuers from over a dozen departments rushed to the scene of the accident.

Family and neighbors watched as rescue crews worked to free Coppin before rain complicated the situation further. An on-looker commented that “I’ve been on several construction sites where bad accidents have happened. This is by far one of the most tragic ones I’ve ever witnessed.”

Fortunately, crews were able to clear the debris and move Coppin to a gurney in about four hours. He was transported to a local hospital, where he was listed in satisfactory condition.