Workers’ Compensation & Job-Site Injury News in Massachusetts and the USA

September brought a mix of hard safety reminders on local job sites, meaningful tweaks in federal rule-making, and a settlement trend that will change how insurers handle Medicare Set-Asides. Below, we cover what happened, why it matters for injured workers and families in Massachusetts, and how employers and insurers are likely to respond.

Massachusetts headlines you should know

Boston rescue underscores fall-season construction risks (Sept. 9, 2025). Boston Fire executed a technical rescue to remove an injured worker from the third floor of a building on Albany Street. The worker was conscious and transported for care. Incidents like this typically trigger OSHA reporting and can support a workers’ compensation claim, even if fault is disputed, because Massachusetts benefits are no-fault.

Avon industrial fatality (late September 2025). Authorities reported a worker fatality at a Norfolk County millwork and industrial business in Avon. Initial details suggest a material-handling incident; further investigations will determine whether lockout/tagout, machine guarding, or material-handling protocols were implemented correctly. For families, workers’ comp death benefits and potential third-party claims for defective equipment or negligent outside contractors are key issues.

Exclusivity defense reaffirmed (decision issued Aug. 27, widely discussed in September). The Massachusetts Appeals Court held that the workers’ compensation exclusivity rule also protected a “borrowing employer” that used a staffing agency worker, thereby limiting the workers’ compensation benefits against that entity. For injured workers, identifying third parties, such as property owners, equipment manufacturers, and subcontractors, becomes even more crucial when staffing agencies are involved.

Federal developments shaping claims this fall

OSHA’s “Standards Improvement Project 2025” (proposed Sept. 4). OSHA proposed streamlining or revising more than 40 provisions across multiple standards, part of a broader effort to modernize and remove duplicative or outdated requirements. While billed as “improvements,” any change can affect how hazards are cited and defended. Expect clarifications regarding respirators and other technical provisions to remain active throughout the winter.

OSHA enforcement pace remains steady. The agency’s September communications continued to highlight significant inspections and abatement measures. In our experience, fall protection, trenching, machine guarding, and energy control remain the fastest paths to serious citations—areas contractors should audit before late-season pushes and winter projects.

Significant settlement shift: CMS ends review of $0 WCMSAs, effective July 17, 2025 (a hot topic in September). The Centers for Medicare & Medicaid Services no longer accepts or reviews “zero-dollar” Workers’ Compensation Medicare Set-Asides. That doesn’t ban $0 allocations; it ends CMS’s practice of reviewing them. Parties must now rely on strong documentation, treating-physician statements of no future care, denials within state timeframes, or final rulings to protect Medicare’s interests and avoid future disputes. For injured workers, the takeaway is straightforward: settlements must be budgeted realistically for future medical expenses, or you risk treatment delays and complications with Medicare later.

What does this mean if you’re hurt on the job in Massachusetts?

1) Your comp claim is no-fault, but strategy matters. Massachusetts workers’ compensation provides coverage for medical expenses and a portion of lost wages, regardless of fault. After incidents like the Boston rescue or the Avon fatality, the right legal strategy can add a third-party claim against a negligent subcontractor, property owner, or product manufacturer, alongside your comp case to recover pain and suffering, something comp alone does not provide. The recent Appeals Court decision on staffing arrangements makes that third-party analysis even more important when you were placed by an agency.

2) Document future medical needs early. Because CMS has stopped reviewing $0 Medicare Set-Asides, settlements that try to “zero out” future medical expenses without solid proof are riskier. We advocate for thorough medical opinions and clear allocation language to ensure Medicare doesn’t block treatment later or pursue reimbursement after settlement.

3) OSHA changes won’t weaken your rights. Even if OSHA trims or modernizes specific requirements, your right to benefits under Massachusetts law doesn’t change. OSHA citations can help show unsafe conditions, but your comp benefits do not depend on an OSHA finding. That said, OSHA findings sometimes strengthen third-party negligence claims.

4) Families have specific benefits in fatal claims. In a fatality, surviving spouses and dependents may receive wage-replacement benefits, coverage for medical and burial expenses, and potential third-party damages if another entity contributed to the death. Acting quickly helps preserve scene evidence, equipment, and witness information.

Practical steps after a job-site injury (save this)

1. Get medical care now. Inform the provider that it’s a work-related injury, so billing is routed correctly.
2. Report the injury in writing. Even if your supervisor already knows, create a dated record.
3. Capture evidence. Take photos, gather names of co-workers, identify subcontractors on site, and record the make, model, and serial numbers of any equipment involved. Save safety write-ups or toolbox talks from that day.
4. Track your symptoms and work status. Keep a simple log of your pain levels, missed shifts, and any restrictions recommended by your doctor.
5. Call a lawyer early. We coordinate your medical care, protect wage benefits, and preserve any third-party claims before evidence disappears, especially in cases involving staffing agencies, multiple tiers of subcontractors, or heavy equipment.

For employers and site leaders: how to reduce risk before year-end

• Re-audit high-gravity hazards. Fall protection, trenching, machine guarding, and lockout/tagout procedures should be reviewed thoroughly before winter. Minor fixes can avert serious events like those Boston and Avon cases, as well as the citations that follow.
• Tighten staffing-agency contracts. Ensure that coverage, safety responsibilities, and training obligations are clearly outlined. The exclusivity ruling helps borrowing employers, but indemnity fights can be costly. Clear contracts and a robust orientation reduce both human and financial risks.
• Watch the OSHA rule docket. The Standards Improvement Project 2025 will evolve. Plan for clarified respirator options and other technical tweaks that may shift compliance paperwork, not the core duty to keep workers safe.
• Update settlement playbooks. With CMS stepping back from $0 MSA reviews, claims teams must raise documentation quality and budget more realistically for future medical in comp settlements. Poorly supported zeroes can delay care and create long-term exposure.

Case types we’re seeing this month.

• Ladder and elevated-work injuries tied to framing, facade work, and MEP rough-in as fall projects accelerate.
• Material-handling and machine injuries in millwork and industrial shops, including pinch points, conveyors, and panel saws.
• Overexertion and repetitive trauma from compressed schedules occur when crews race against seasonal deadlines.
• Vehicle and delivery-yard incidents as contractors move materials for winterized sites.

Whether your injury was sudden, such as a fall or a caught-in-machine event, or cumulative, like overuse of the back, shoulder, or hand, we build a medical record to connect the dots and pursue every available source of recovery.

How we help, start to finish.

At Jeffrey Glassman Injury Lawyers, we step in immediately to protect your wage checks, coordinate specialty medical care, and prepare your case for both workers’ compensation and any potential third-party lawsuit. We understand the realities of multi-employer worksites in Greater Boston, including general contractors, subcontractors, staffing agencies, site owners, and vendors—and we know how to preserve critical evidence, such as subcontractor logs, safety plans, toolbox talk records, access control data, and equipment service histories.

• Comp benefits: securing weekly checks, medical authorizations, mileage reimbursements, and vocational issues when appropriate.
• Third-party liability: investigating unsafe conditions, defective equipment, negligent subcontractors, or property hazards to pursue pain-and-suffering damages on top of comp.
• Settlement protection: negotiating Medicare Set-Asides that actually fund future care and documenting them to prevent treatment from being blocked later.

Bottom line for September

Local incidents in Boston and Avon are stark reminders that a single missed procedure can end a career or a life. OSHA’s improvement project will keep safety compliance in the headlines, but it does not change your right to benefits after a job injury. And because CMS has stepped back from reviewing $0 MSAs, settlements must be based on medical reality, not wishful thinking.

If you were hurt at work anywhere in Massachusetts, we can help you navigate your next steps today.

Call Jeffrey Glassman Injury Lawyers at (617) 777-7777 for a free consultation. We handle workers’ compensation and third-party claims throughout the state.