Massachusetts Workers Compensation Lawyers Blog

The big-time grocery chain of the area, DeMoulas Super Markets, has agreed to make all of its 60 Market Basket in both Massachusetts and New Hampshire safer for all of its employees and to help to reduce the risks of work-related accidents in Boston and elsewhere. According to the Occupational Safety and Health Administration (OSHA), the company made an agreement with the Department of Labor to correct its hazards after it was cited with nearly $600,000 in citations back in October. Investigators with OSHA found a number of dangers and hazards at a number of its stores, including serious lacerations and fall hazards at grocery stores.

"This enterprisewide settlement is significant because DeMoulas has agreed not only to correct the hazards cited during OSHA's inspections but also to enact effective and ongoing systemic changes that will benefit all its employees," said Dr. David Michaels, Assistant Secretary of Labor for OSH.

Our Boston workers' compensation attorneys understand that the company originally contested its citations from OSHA officials. After the investigation and after the appeal, the grocery store agreed to dish out nearly $600,000 and also agreed to make the changes to take the proper safety precautions to correct these dangers. DeMoulas will be implementing new safety hazard materials and will be making sure that these materials are enforced at each and every one of its stores.

Officials believe that by implementing new safety measures, employees will be safer on the job and that employees throughout the company will be better protected from work accidents.

According to Michael Felsen, the OSHA director for the New England area, there will be a new health and safety director working with the company as well. This will be a full-time director that will be helping the company to create, coordinate, enforce and push new safety measures.

Included with the new health director:

-Monitor work site safety requirements.

-Complete random safety inspections.

-Suggest provisions to current safety standards.

-Lookout and document safety and health violations on each work site.

-Create and enforce a disciplinary program for all workers.

-Make sure that all employees are getting the right, and effective, safety training.

-Conduct performance reviews on supervisory employees on the job to make sure they're doing their best to help to minimize accident risks.

Employers are reminded that they have a legal obligation to take all of the necessary safety precautions to help keep workers safe and injury free on the job. It's a federal obligation that needs to be taken seriously and can help to save lives.

Continue reading "Risks of Work Accidents in New England Lands Company in Hot Water!" »

The MacMillin Co. Inc. was recently cited by inspectors with the Occupational Safety and Health Administration (OSHA) for failing to help ensure worker safety and for failing to protect employees from a work accident in New England. The worst thing about these citations is that the violations were discovered after an investigation that was warranted following a fatal work accident in September. The fatal work accident happened at the company's construction site at Keene Middle School. What happened is that temporary workers were doing their jobs under the direction of the Keene-based contractor when a plank on the erecting scaffold they were working on snapped. One of the workers on that scaffold fell nearly 30 feet to the concrete floor below. He died from injuries sustained in the fall.

After the fatal accident, OSHA inspectors took a peek at the construction site and discovered that the scaffold hadn't been previously inspected for defects, workers had not been provided with the proper training to be working with the equipment and the company didn't make sure that the employees were provided with or were using proper fall protection equipment. With these willful violations, the company received three violations. A company is cited for these conditions when an employer is determined to have total disregard for federal safety requirements and fails to keep workers safe and healthy.

Our Massachusetts workers compensation lawyers understand that wasn't all -- the company was doing a lot more to jeopardize its workers' safety. OSHA also determined that the scaffold planks that they were working on were not designed to support such heavy loads, the legs of the scaffolds were not set on base plants, the planks of the scaffolds were not covered with paint and the workers weren't even being supervised when the scaffold was erected. These additional citations landed the company with four serious violations. Serious violations occur when there is a high probability for serious injury or death from a danger that an employer should have known about.

"Proper planning, inspection procedures, employee training and equipment could have prevented this incident and the worker's death that resulted," said Rosemarie Ohar, an OSHA area director.

Ohar adds that employers who use scaffolds in their duties should take the time and make the effort to look over and inspect their equipment, their employees' training and the company's work practices to help ensure that risks for accidents are minimized. These recommendations are in fact federal regulations and are designed to help protect workers throughout the U.S. It is a legal obligation to reduce dangers on work sites, regardless of the industry.

All of these violations and citations left the company with nearly $200,000 in proposed fines.

Nearly 2.5 million construction workers in the U.S. work on scaffolds. That's nearly 70 percent of the construction industry. Scaffolding accidents kill nearly 100 workers and injure nearly 5,000 every year.

Continue reading "Fatal New England Work Accident Lands Company with Nearly $200,000 in Fines" »

Employers, listen up! The Occupational Safety and Health Administration (OSHA) recently made an announcement saying that it would be extending its temporary enforcement measures for the residential construction industry. The extension will be for another six months. Now, these measures will be extending through September. Included in these enforcement measures are extended abatement dates, free on-site compliance assistance, increased outreach, penalty reductions and measures to ensure consistency. OSHA has chosen to extend this measure to further help to reduce the risks of work-related fall accidents in Boston and elsewhere. As a matter of fact, falls are the leading cause of work-related fatalities among those working in the construction industry.

In the last year, the administration has worked with the construction industry to help to reduce these risks and to help better protect employees nationwide. Through this time, OSHA has been working diligently to help ensure that employers understand the new compliance and know how to correctly comply with the new directive.

Our Massachusetts workers compensation lawyers would like to remind workers that they have rights as employees in the United States. Within these rights is the right to be protected from known dangers on the work site. Employers are required by federal law to offer employees with safe and hazard-free work places. When dangers and hazards are not addressed by employers, serious injury can result. If this has happened to you or a loved one, it is important for you to contact an experienced attorney to help you to fight for your rights.

With the new measure, employers are required to ensure that employees within the residential construction industry are protected by conventional fall protection. This applies to employees who work six feet or more above a lower level.

Conventional Fall Protection Includes:

-Safety Net Systems

-Guardrail Systems

-Personal Fall Arrest Systems

According to the Bureau of Labor Statistics (BLS), there were nearly 620 workers in the U.S. who were killed in fall-related work accidents. Construction-related injuries continue to be some of the most common work-related accidents.

Falls are some of the most costly accidents, too. Roofers' falls from elevations typically cost more than $100,000 per incident. Carpenters see an average cost of more than $95,000. These are costs that can be covered by your employers if they fail to protect you from known dangers. A majority of these accidents can be prevented with the few safety measures listed above. Fall protection is some of the most beneficial protection that should be offered to a worker in the residential construction industry.

"Our Compliance Safety and Health Officers (CSHOs) and Area Directors are demonstrating to the industry that OSHA is taking a common-sense approach when enforcing the new requirements," said David Michaels, PhD, MPH, who works closely with OSHA to help ensure the safety of employees.

Continue reading "Work Accidents in Massachusetts: Target of Extended Enforcement" »

Roofers at a Topsfield, Massachusetts work site were exposed to a number of potential fall hazards, and their employer has been fined by the U.S. Occupational Safety and Health Administration (or OSHA).

A news release detailing the violations was released late last month.

The roofing company, based in Reading, Massachusetts, is facing a penalty of more than $40,000 in fines for the precarious positions in which their employees were placed.
OSHA's Andover headquarters uncovered a host of risks, mainly dealing with a ladder jack scaffold on the roof of a High Street building.

The transgressions included:

1. Failure to provide personal fall protection.
2. Failure to train employees to observe potential fall hazards.
3. Failure to offer proper head and eye protection.
4. Failure to properly set up and inspect ladders for potential damage.

Not only that, but one improperly-erected scaffold was found to have damaged parts, was taller than the 20-foot maximum height allowable and was not inspected before workers began using it.

Any one of these constitutes a serious violation, which is classified by OSHA as a situation in which there is a great probability that an outcome of serious harm or death could result from a danger that the employer was aware of or should have been aware of.

In this case, the roofing company has 15 days to comply and meet with OSHA's area director or contest the findings in an upcoming hearing.

Jeffrey Erskine, the agency's area director for Essex and Middlesex Counties, said that protecting workers against potentially fatal hazards rests on the shoulders of the employer.

He went on to say that someone has to inspect the equipment to make sure it doesn't have defects and that it is properly set up. Further, workers have to be trained to recognize and deal with conditions that could potentially harm them.

Our Massachusetts workers' compensation attorneys know that according to the U.S. Bureau of Labor Statistics, more than 750 construction workers died on the job in 2010, and that more than 35 percent of those tragedies were the result of a fall.

The federal government has set forth meticulous guidelines for employers to follow in order to prevent workplace injuries in Topsfield and elsewhere in the country.

On average, the Centers for Disease Control and Prevention estimates that fall injuries cost U.S. employers a collective $70 billion every single year.

That may be little compared to the burden of those workers who are seriously injured or the loved ones who survive them if their injury proves fatal.

These types of accidents are preventable. Thankfully in this case, federal inspectors interceded before a serious injury could occur. Many construction workers aren't so fortunate.

A number of fatal construction fall accidents involve scaffolding. In fact, in 72 percent of scaffolding accidents, the cause was pinpointed to be either planking or to the employee losing their balance or being hit by a falling object. But as OSHA points out, these scenarios can be prevented when the employer steps in to ensure the proper safety procedures are followed - every time, without exception.

Continue reading "Topsfield Roofer Fined for Construction Worker Fall Hazards" »

The federal government has launched a new web page to assist businesses in protecting workers from any hazards they may face while responding to and recovering from winter storms. The idea is to keep their operations and work places safer while helping to reduce the risks of work accidents in Boston and elsewhere. The Occupational Safety and Health Administration's (OSHA) new web page has timely information for workers who are at higher risks of a work accident during severe winter weather conditions.

Our Boston workers compensation attorneys understand that employers have a legal responsibility to provide safe work conditions for all employees. This includes reducing the risks for injuries, eliminating hazards on the work site, properly training employees and providing them with the proper safety equipment. The new web site is just one more way to provide employees with information about recognizing storm-related dangers along with tips to help everyone stay safe while working in these conditions.

Storm-related recovery teams can be in charge of clearing heavy snow from the front of establishments and from roofs. All types of employees can easily be exposed to downed power lines, dangers while traveling on icy and snowy roadways, and troubles attempting to regain power after a severe winter storm.

Dangers that can be associated with employees who work in winter storms:

-Employees can be hit by falling objects. These objects can include utility poles, tree limbs, icicles, etc.

-Employees who are required to drive on the job can be in severe danger for traffic accidents because of slick roads.

-Employees can be exposed to overwhelming amounts of carbon monoxide and risk developing carbon monoxide poisoning.

-With the cold and frigid weather, outside workers run the risks of frostbite, hypothermia and dehydration.

-Employees can sustain injuries from strenuous winter storm-related work activities.

-Employees can easily slip and fall because of slippery walkways.

-Workers can be electrocuted by downed power lines near work sites.

-Storm workers can fall from lifts and ladders while trying to remove snow.

-Roofs can collapse because of the weight of the snow.

To help eliminate injuries caused by the dangers listed above:

-Always act as if power lines are active. Stay clear of them.

-Ensure that all equipment is guarded correctly. Don't forget to disconnect the power cord from the power source before performing maintenance or cleaning these devices.

-Be careful on roofs and other surfaces that carry a large amount of ice or snow.

-All ladders and lifts should be equipped with the proper fall protection.

-Make sure all employees have bright, reflective clothing in addition to protective body, face and eye wear.

-All work zones should be clearly marked off.

Continue reading "Winter Brings Severe Risks for Work Accidents in Boston, OSHA to Help" »

A Massachusetts construction company is being investigated by the Occupational Safety and Health Administration (OSHA) for a work-related accident at a work site in Storrs, Connecticut, according to Reminder News. Two construction workers reportedly fell from a scissor lift while working at the site and were seriously injured. OSHA has a six-month statute in which to complete a full investigation but ensures a penalty will be levied if the company is found at fault.

Massachusetts workers' compensation attorneys understand the dangers that construction workers face daily but find all too often that employers are lacking in areas that can prevent injuries like offering training, personal protective equipment, and preventative safety measures to employees.

It is no secret that the construction industry employs some of the most dangerous job opportunities nationwide. When it comes to work injuries at a Boston construction site, workers are constantly exposed to dangers from fall accidents, hazardous substances, nail gun injuries, electrical accidents and struck-by accidents among many others.

Many construction companies take a lackadaisical approach to worker safety. In fact, we just recently posted on our Massachusetts Workers' Compensation Lawyers Blog that Twin Pines Construction Inc./Teles Construction Inc. is facing almost $200,000 in civil penalties for alleged fall, scaffolding and electrical hazards at a Portsmouth job site. Workers were required to work almost 60 feet in the air on scaffolding without being provided with fall protection equipment. Sadly, this same company had already been cited for these same violations at different job sites from 2008 to 2010.

The Centers for Disease Control and Prevention reported over 800 fatal occupational injuries to construction workers in 2009. Almost one in five work-related deaths was in the construction industry that year. Sadly, this is roughly the annual death average every year nationwide in the construction industry. This doesn't include the 137,000 construction workers who are also injured on the job each year.

A new animated video series from the U.S. Department of Labor aims to reduce work injuries and deaths that are occurring so rapidly in the construction industry.

OSHA has put together 12 educational Construction Hazard Prevention Videos for workers and employers associated with the construction industry to view. Most of the videos are two to four minutes long and are offered in both the Spanish and English. The videos animate a real-life work incident related to falls, sprains and strains, struck-by accidents, carbon monoxide exposure and excavation accidents. Each video then offers corrective measures that can be utilized to prevent these types of accidents.

Employers clearly need to start educating or training employees about workplace dangers in the construction industry. Taking care of workers is the first step in getting the job done so safety should always be a priority at any job site.

Continue reading "New OSHA Video Series Aims to Reduce Construction Worker Injuries in Massachusetts, Nation" »

According to the Occupational Safety and Health Administration (OSHA), Twin Pines Construction Inc./Teles Construction Inc. has been slapped with nearly $200,000 in fines for the discovery or what safety experts call repeat, other-than-serious and serious violations.

OSHA has determined that this company has repeatedly failed to protect its workers from a work-related accident in Massachusetts and elsewhere in New England. These fines come after the Administration performed a routine safety inspection at one of its Portsmouth work sites. The company, from Everett, Massachusetts, has been accused of alleged electrical, scaffolding and fall hazards.

Our Boston workers compensation attorneys understand that employers have a legal responsibility to protect all workers from injury on the job. There are federal standards a work site must meet to prevent work-related injury. If you've been exposed to work-related hazards or have been injured on the job, you're urged to contact an experienced attorney to help you to fight for you rights. A lawyer can help you to determine who was at fault for your accident and help you to get the compensation you deserve. These can be complex claims and oftentimes require the help of a knowledgeable attorney.

The recent inspection on the Everett company was launched after an employee from OSHA witnessed Twin Pines employees working on the fifth-floor level of a building without the proper fall protection. The company was working construction on that building on Islington Street. Once the inspection was conducted, OSHA concluded that employers neglected to provide any sort of adequate fall protection for those working on scaffolds who were working nearly 60 feet in the air. The company was also cited for using a 6-foot ladder to get to a 10-foot-high surface. Workers also noted to be working among burn and electrical shock hazards.

From 2008 to 2010, the company had already been cited for such hazards at some of its work projects in Rhode Island, Massachusetts and Maine. For this reason, more than $150,000 of the new fines were the result of repeat violations.

"The sizable fines proposed here reflect both the gravity of these hazards and this employer's significant and continuing history of safety violations," said Rosemarie Ohar, OSHA area director.

The other $50,000 in fines were the result of eight more serious violations in which the company failed to require employees with eye protection for nail gun use, keeping the work sites free of unnecessary construction debris, failing to cover dangerous holes, neglecting to fix previous scaffolding hazards, failing to properly inspect scaffolds and improperly erected scaffolding.

The last $3,500 in fines was issued for failing to provide illness and injury logs to the Administration. The company was 15 days to either contest the findings or meet with an OSHA director.

Continue reading "Nearly $200,000 in Fines for Failing to Prevent Work Accidents in New England" »

Our Massachusetts workers' compensation lawyers have been reviewing the summary of 2010 workplace injuries and illnesses recently released by the U.S. Department of Labor's Bureau of Labor Statistics (BLS).

State-specific data has yet to be released by the department, but we have some concerns about the overall statistics presented in the report. Almost 3.1 million workers were injured or became ill while working in private industry jobs in 2010, which equates to 3.5 incidents per 100 full-time or equivalent employees nationwide. This indicated very little change from 2009.

Employers have a responsibility to provide a safe work environment for their employees and keep potential hazards out of the workplace. Yet we frequently post about trench and fall accidents at Boston construction sites on our Massachusetts Workers' Compensation Lawyers Blog. These severe and sometimes fatal accidents occur because employers don't take the necessary precautions that are required by law or offer protective equipment to keep workers safe while they are working.

In reviewing the 2010 summary, we found the following to be true:

• Almost 95 percent of the private industry sector cases were injuries, compared to roughly 5 percent reported illness cases.


• More than 1.5 million reported illness or injury cases in the private industry sector were severe enough to require missed time from work, restricted duties or a job transfer. These cases are also known as DART cases.


• DART cases in 2010 occurred at a rate of 1.8 cases per 100 full-time employees which was unchanged from the previous year.


• Incidence rates for less severe cases (non-DART) occurred at a rate of 1.7 cases per 100 full-time workers which was a slight improvement from 2009 when the rate was 1.8.


• Mid-size private industry work sites reported the most cases of injury and illnesses compared to the small establishments reporting the fewest number of cases. Mid-size establishments typically employ between 50 and 249 workers compared to small establishments that only employ 10 workers or less.


• 2.2 million of the injuries recorded at work were in service-providing industries which equates to almost 76 percent of injuries in the private sector. The next highest recordable cases were in the goods-producing industries which was approximately 24 percent of injury cases.


• Goods-producing industries also accounted for over 36 percent of illness cases at work in 2010 resulting in an incidence rate of 31.8 per 10,000 full-time employees. This was an increase from the 29.1 case rate reported in 2009.


• Manufacturing industry sector was the highest subsector of goods-producing industries to report illness cases in 2010 recording the highest incidence rate among all industry sectors at 41.9 cases per 10,000 full-time employees.


• State and local government workers reported roughly 820,300 illness and injury cases in 2010, which equated to 5.7 cases per 100 full-time workers.


• Local government workers accounted for 4 out of 5 illnesses and injuries in the public sector reported in 2010. The rate of cases was significantly higher in 2010 for local government workers than state government workers at 6.1 cases per 100 full time employees to 4.6 cases respectively.

In a recent statement, Secretary of Labor Hilda L. Solis comments that better records need to be kept so that employers know what kind of illnesses and injuries are happening at their establishment. Many employers have a poor record-keeping system or practice in place which prevents workers from reporting when an incident occurs. Knowing what the problem is and how often it occurs is the first step in resolving issues and keeping workers safe in the future.

"As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth," says Secretary of Labor Hilda L. Solis. "Let's all remember that no job is a good job unless it is also a safe job."

The Occupational Safety and Health Administration recently released updated materials and new documents for worker safety and health in several industries including construction. Employers are encouraged to provide these documents to employees and refer to them regularly in order to ensure that workers remain safe while performing job duties.

Continue reading "Majority of 2010 Private Sector Workers' Compensation Claims are Injury-Related in Massachusetts, Nationwide" »

We posted previously on our Massachusetts Workers' Compensation Lawyers Blog that 2010 occupational deaths occurred at a rate of 3.5 per 100,000 full-time or equivalent workers, which equals on average roughly 12 people dying on the job every single day last year.

According to recent information released by the U.S. Department of Labor Bureau of Labor Statistics, the number of cases of workplace illnesses and injuries in Massachusetts and nationwide weren't all that great either. There were more than 3 million private sector industry employers who reported an illness or injury caused by a job responsibility assigned to a laborer.

Our Boston workers' compensation lawyers know that construction is one industry where workers are in danger of risking their lives from fall accidents, transportation accidents or being struck by an object, but the recent Bureau of Labor Statistics (BLS) report indicated workers in the health care industry are also at considerable risk of illness or injury while performing duties on the clock.

In a recent statement, Secretary of Labor Hilda L Solis said "We remain concerned that more workers are injured in the health care and social assistance industry sector than in any other, including construction and manufacturing, and this group of workers had one of the highest rates of injuries and illness at 5.2 cases for every 100 workers."

The following are key findings from the 2010 Occupational Injuries and Illnesses Summary:

• In 2010, there was an incidence rate of 3.5 cases per 100 equivalent full-time workers, slightly down from 3.6 in 2009.


• Incidence rates declined significantly for private industry workplaces in 2010 in total recordable cases.


• The manufacturing industry was the only private industry sector to show an increase in incidence rates of illnesses and injuries. There were 4.3 cases per 100 full-time workers in 2009 which increased to 4.4 in 2010. There is some speculation that this had more to do with less hours worked than the actual decline in cases reported.


• The private construction industry sector reported a 7 percent decrease in total recordable cases going from 4.3 cases per 100 full-time workers in 2009 to 4.0 in 2010. This decline primarily occurred due to the fact that specialty trade contractors reported a similar decrease reporting 4.3 cases per 100 full-time employees in 2010 which was down .3 from the previous year.


• Social assistance and health care workers reported an illness and injury rate of 5.2 cases per 100 full-time workers in 2010. The 2009 case per worker rate was 5.4. This was the only industry sector to report more hours worked and employment opportunities for 2010 when compared to 2009.


• Private industry workers reported 3.4 cases per 100 full-time employees which was unchanged from 2009.


• Poisoning was an illness category that showed an increase in 2010 from 2009, reporting 3 cases per 10,000 full-time employees. The rate was .2 cases in 2009. The incidence rate for illness cases overall showed minimal change from 2009 to 2010.


• National public sector incidence which included over 18 million local and state government workers occurred at a rate of 5.7 cases per 100 full-time employees in 2010.


• Illnesses and injuries occurring at work should never go unreported. Workers' compensation or disability claims can be complex and difficult to sort out so contact an experienced attorney to help get you on the right track to receive the compensation you deserve.

Continue reading "Boston Workers' Compensation Lawyers Concerned About Healthcare Industry Illnesses and Injuries Reported in 2010" »

A recent Massachusetts work accident took the life of an employee who was installing a new antenna and safety ladder on a television and radio news tower. The accident happened in Newton on Chesnut Street near I-95, according to the Boston Globe.

The 1,000-foot tower is owned by American Tower Corporation. A spokesman for the company was not able to report exactly how high the worker was when the fall accident happened. The company says it has halted work at that site until a full review has been conducted.

Our Boston workers compensation attorneys understand the dangers that these types of workers face every day on the job. It's not only these workers who are exposed to these dangers though. Workers in nearly every industry can be injured by a serious fall accident. According to the Bureau of Labor Statistics, there were nearly 5,000 fatal work accidents in the U.S. in 2010. Work-related fall accidents were ranked as the second highest cause of fatal work accidents in 2010. Transportation-related accidents still hold the number one spot for more fatality-causing work accidents.

Employers are required to make sure that all workers have the proper safety equipment to help prevent any on-the-job accidents. They're also required to ensure that work sites are safe for everyone. These scenarios can get complicated when a third-party or a contractor is involved in an accident. For this reason, you are urged to contact an experienced attorney immediately if you or a loved one has been injured on the job.

Most common fall accidents in 2010:

-From a ladder: 20%

-From a roof: 18%

-Other/Unknown: 17%

-On the same level: 15%

-From a moving vehicle: 12%

-From a scaffold or staging: 7%

-Down steps or stairs: 5%

-From building girders or other structural steel: 3%

-From dock, floor or ground level: 2%

Fall accident occurrences are spread pretty evenly between male and female employees in all industries. There was a 1 percent variation for the number of accidents between men and women in 2010. In most other categories of fatal work accidents, men typically experience much more accidents. Fatal work accidents are also most likely to happen to those who are 65-years-old or older. Workers in the construction industry are most likely to be fatally injured on the job.

Aside from death, other injuries from fall accidents include:

Slip and falls accidents can cause other complications including:

-Incapacitation.

-Long-term medical complications.

-Broken bones and fractures.

-Spinal cord injuries

-Head trauma.

In Massachusetts, falls are the third-leading cause of death and the number one cause of injury-related emergency room visits and hospital stays. There were more than 420 fall-related fatalities in Massachusetts in 2006. Non-fatal fall accidents hospitalized nearly 204,000 people in the state, according to Massachusetts Health and Human Services.

Continue reading "Man Killed after Fall from News Tower in Massachusetts Work Accident" »

A recently released study published in the latest issue of Public Health Reports stated that the premium rates in the country have increased while interest rates on U.S. Treasury bonds and the Dow Jones Industrial Average have decreased, according to Futurity.

Our Boston workers compensation attorneys understand that companies have recently been calculating their premium rates in comparison to their company's returns from bond markets and stocks. Unfortunately, there are a lot of companies that are no longer calculating their premiums off of the number of claims that have been filed, which most likely has dropped significantly in recent years. We understand that companies are investing to receive a nice little monetary cushion to pay for existing claims. Unfortunately, when these companies that fail to collect on the fluffy cushion, then your premiums are upped in an attempt to regain their losses.

All too often, large companies play the game this way. They lower benefits for existing employees to help maximize their profits. Oftentimes it's the employees who are injured or disabled that are the ones that suffer in this setup. This is yet another example of how these rates are not properly adjusted in accordance to the number of claims filed or reports of work-related accidents in Massachusetts and elsewhere.

Workers compensation trends are extremely important in organizing and finalizing premium costs. Policymakers use this information so that they can create regulations that can help to protect employees and can keep costs in order. The recent data that should be examined for new policies should come from the 2009 statistics that reported that there were approximately 3.5 billion reports of work-related illness of injuries. These reports cost employers about $74 billion.

Starting back in 1992, cases that required more than 30 days off the job were reported to the Bureau of Labor Statistics. Since the collection of this data, many researchers have sifted through the information in search of vital information, including the correlation between severe injuries and the effect of premium costs.

Researchers have concluded that even though the number of claims has decreased every year from 1992 to 2007, the rate of premiums continued to increase. Another key finding in this information is that the increase in premiums mirrored the Dow Jones Industrial Average and Treasury bonds.

Ironically, the number of injured workers had nothing to do with the rates of these increasing premiums. Unfortunately, policy makers oftentimes point the finger at accident statistics for the high premium rate hikes and the two have nothing to do with each other.

The bottom line is that legislators and insurance commissioners should focus directly on accident reports and claim rates when calculating premiums instead of focusing on insurance companies' returns on investments. Workers have the right to be provided with fail and quality workers' compensation.

Continue reading "Premiums Increase as Work-Related Accidents in Massachusetts and Elsewhere Decrease" »

Massachusetts workers' compensation lawyers are concerned about the number of workplace fatalities that are taking place after sifting through the recently released 2010 Fatal Work Injury Report provided by the Bureau of Labor Statistics.

Accidents can happen but they shouldn't occur at work, especially when they take the life of a dedicated employee. Employers often take shortcuts, especially in a time of economic crisis, which puts the safety of workers at risk while they are performing jobs that need protective equipment or gear to protect them from injury.

Though fatal occupational injuries in Boston and elsewhere in Massachusetts are down slightly in 2010 at 51 deaths reported according to the report, there is still a grave concern about the number of fatalities reported nationwide. The 2010 preliminary death count from work injuries was 4,547 compared to the 2009 final total of 4,551. The downside -- the 2010 total is estimated to rise by 3 percent as it consistently has the past three years from when the preliminary totals are given to the final report. The 2010 final report will be released in early 2012.

It is no secret that a company's economic stability can play a hand in the welfare of its employees. There are no 'safe' jobs available in any industry unless proper precautions are taken to prevent work injuries from occurring on the clock. Most jobs require some sort of risky performance, like climbing, stacking, transporting, handling dangerous chemicals, or operating heavy machinery or power tools which can lead to a high rate of injury.

If we were to examine 2010 fatal work injuries categorized by incident, event or exposure, the preliminary Census of Occupational Injury report would convey the following:

• Transportation: Nationwide, there were a total of 1,766 transportation-related deaths on the job in 2010. Almost 2 out of every 5 fatal work deaths were from an accident related to transportation. Massachusetts reported 14 fatal transportation work-related accidents in 2010 which was the second most of any category.
• Assaults and Violent Acts: Roughly 18 percent of deaths at work nationwide in 2010 were related to homicides or violence. Violent acts or assaults towards women which resulted in death on the job rose 13 percent compared to a 6 percent decrease overall in the United States. A total of 808 homicides were committed at work nationwide. Massachusetts reported 12 homicidal deaths at work in 2010.
• Struck-by or Contact with Equipment and Objects: Nationally, 732 workers were killed by equipment-related accidents or by contact with an object causing the accident in 2010. Massachusetts reported a total of 4 fatal incidents at work when equipment or an object was related to the cause of death.
• Falls: Falls were the leading cause of death for injured workers in Massachusetts in 2010. A total of 15 fatalities occurred at work as a result of a fall. Nationally, there were a total of 635 workers killed by falls on the job.
• Harmful Environments or Substances: Workers in Massachusetts who died from exposure to a hazardous substance or environment were totaled at 5 compared to 409 fatal deaths nationwide.
• Explosions and Fires: A total of 187 workers nationwide were killed by fires and explosions. No reported worker fatalities were caused by a fire or explosion in Massachusetts in 2010.

Continue reading "Fatality Report Indicates Fall Accidents are Most Common Cause of Worker Deaths at Massachusetts Job Sites in 2010" »

Fatal work injuries in Massachusetts for 2010 were reportedly down when compared to 2009, but the final numbers won't be posted until Spring of 2012. Preliminary results generally increase by 3 percent when the final report comes out, or at least they have each of the last three years.

According to the Bureau of Labor Statistics Fatal Occupational Injuries Report, so far 51 fatalities have been reported on the job in Massachusetts for 2010 compared to the final count of 64 in 2009.

In a recent statement, U.S. Department of Labor Secretary Hilda L. Solis said "An average 12 workers die on the job every day, and that reality continues to drive the work of the Labor Department."
Boston workers' compensation attorneys find it inexcusable for anyone to die on the job considering employers have the responsibility to keep work conditions safe and hazard free. Too many times, we see employers letting safety issues go undetected or unresolved resulting in transportation incidents, fall accidents, struck-by accidents, and employee exposure to harmful substances.
The 2010 Fatal Work Injury Census reported the following key findings:

• Nationwide, there were more than 4,500 fatal work injuries reported in 2010, only four less than the final tally of 4,551 reported in 2009. Given the fact that the preliminary count increases by 3 percent as it has the last 3 years, we could see as many as 4,683 work fatalities in 2010 when all is said and done.


• The most work accidents resulting in death for Massachusetts workers in 2010 were related to fall accidents (15), transportation incidents (14) and assaults or violent acts (12).


• Police officers reported the biggest increase in work fatalities on the job nationwide in 2010 at 40 percent; there were 96 deaths in 2009 compared to 134 law enforcement fatalities in 2010.


• Workers of the non-Hispanic black or African-American ethnic origin reported a 9 percent decrease in occupational fatalities compared to a 2 percent increase in fatal injuries at work for the non-Hispanic white ethnic background.


• Work fatalities by self-employed workers declined by 6 percent nationwide from 2009 to 2010, compared to an increase of 2 percent in occupational fatalities for salary and wage workers.


• Workplace homicides involving women nationwide rose 14 percent in 2010, compared to an overall decrease of 7 percent for workers involved in violent acts or assaults at work.


• Fatal fire incidents at work more than doubled in 2010 from 2009 reporting a total of 109 in 2010 compared to 53 in 2009. The total for 2010 was the highest fire-related accident death total at work reported since 2003.


• There was a decrease by 10 percent from 2009 to 2010 in private construction sector deaths. Consequently, since the peak in construction jobs in 2006, work fatalities at construction sites have declined by almost 40 percent.


• The work injury rate for mining deaths at job sites rose substantially from 12.4 per 100,000 FTE's in 2009 to 19.9 per 100,000 in 2010. This, in large part, is due to the multiple occupational deaths reported at the Deepwater Horizon oil rig and Upper Big Branch Mine incidents, which took several lives.


• As a result, workplace deaths in the private mining industry almost doubled from 2009 to 2010, reporting 99 fatal injuries and 172 fatal injuries respectively. Nationally, this was approximately a 70 percent increase overall from one year to the next.

Continue reading "Final Count for Workplace Fatalities Could Rise for 2010, Injured Workers in Boston Should Contact Experienced Law Firm" »

Workers who work on scaffolds need more protection from falls and other deadly work accidents in Boston and elsewhere. The Department of Labor's Occupational Safety and Health Administration (OSHA) recently renewed its Alliance with the Scaffold Industry Association Inc. (SIA) to do just that.

"The materials developed through our Alliance are valuable resources for training and educating workers on the hazards they can face in their jobs and how they can be prevented," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Four of the ten most frequently cited OSHA construction standards involve scaffolding, so renewing this Alliance is a great opportunity to build on our work to better protect the men and women who work on scaffolds."

Our Boston workers compensation attorneys understand that rules and regulations regarding workers who work on scaffolds need to be updated periodically. Workers are faced with more and more hazards and dangers as technology advances and work practices change. It is important for employers and employees to keep up with these changes and to improve safety measures to protect workers from all preventable accidents.

The initial nationwide Alliance was first put into effect back in 2008. Since then, OSHA and SIA have developed Transport Platforms and Mast Climbing Work Platforms safety materials relating to scaffold and fall hazards. They've also developed the American National Safety Institute (ANSI) consensus standards. A number of these documents have been translated in to Spanish and Portuguese as well to make them more available to workers of all backgrounds.

Goals of this new version of the Alliance include increasing awareness of OSHA's rulemaking and enforcement initiatives, developing new effective training and education programs, and conducting outreach and communication activities on workers' rights and employers' responsibilities. In the meantime, the organizations will continue to emphasize the importance scaffold safety. They'd like to raise awareness about the issues related to mast climbing scaffolding, suspended scaffolding and aerial lift equipment.

According to Bureau of Labor Statistics' Census of Fatal Occupational Injuries (CFOI) there were nearly 90 fatalities that happened in 2007 from scaffolds. In a recent Bureau study, more than 70 percent of workers that were injured in scaffold accidents report that the accident happened because the planking or support gave way, or the employee slipped or was struck by a falling object. All of these can be controlled by compliance with OSHA standards.

Continue reading "OSHA Revamps Their Scaffold Regulation to help Prevent Work Accidents in Boston and Elsewhere" »

A Massachusetts construction accident has injured a 41-year-old steelworker, the Patriot Ledger reported.

The man was injured in a fall on Monday afternoon at the Rockland High School expansion project. Our Massachusetts workers' compensation lawyers frequently report on the dangers of falls. The Bureau of Labor Statistics reports falls are a leading cause of serious and fatal work accidents in Boston and elsewhere.

Firefighters and emergency medical personnel responded after receiving a 911 call; the Occupational Safety & Health Administration was en route to investigate. The fire chief reported the worker fell about 30 feet -- or three stories -- from an upper beam. He reportedly hit another beam on the way down, before landing in the dirt below. His injuries were potentially life threatening.

The New Hampshire resident was taken by ambulance to Reed Field and then flown to Brigham and Women's Hospital

The renovations are part of an $86 million project that includes construction of a new middle school.

The U.S. Department of Labor has been particularly vigilant this spring when it comes to fall protection safety -- issuing new rules and guidelines for roofers and residential construction sites. More than 800 employees are killed each year on average in fall accidents, including fatal falls to a lower level (85 percent), fatal falls from roofs and falls from ladders.

Under federal work-safety guidelines, fall protection must be provided to construction workers at heights of six feet or greater; the regulations require fall protection at heights greater than four feet in general industry and five feet in the maritime industry. Acceptable fall protection systems can include guardrails, safety nets, and personal fall protection systems. Using warning lines, control zones, and designated areas can also limit the number of workers exposed to injuries resulting from a fall.

When personal fall protection systems are being used, particular attention must be given to attachment points and making sure that employees understand how to properly wear and use the equipment.

Continue reading "Massachusetts Construction Accident Results in Fall Injury at Rockland High" »