Articles Posted in Massachusetts Work Accident

According to authorities, the owner of a tree cutting company died in a wood chipper accident. The Boston Herald reports that the man was attempting to clean the inside of the chipper when a three-foot long, crescent-shaped metal shield came off and went through his chest.

Officers report that the man was letting two people borrow the chipper and he was showing them how to use it and clean it. The man allegedly stayed alert and conscious after the accident, but later died before a helicopter was able to transport him to a hospital.

Our Boston workers’ compensation lawyers understand that tree trimming and other similar operations are common in the area to keep our landscape looking its best. It’s also a common cleanup effort after a storm. These chippers shred branches and other parts of trees and transform them into mulch. These trees are fed into a chute and are sent through a number of blades to turn them into small wood chips. Unfortunately, these chippers come with some serious risks for operators.

According to the Centers for Disease Control and Prevention (CDC), operators who are injured or killed by these devices oftentimes get caught in the feed mechanism and are pulled into the rotating chipper knives or struck by the hood of the machine while it is being opened or closed with the knives still rotating.

Officials with the CDC looked deeper into these scenarios and these accident reports to see just how serious of a problem this is. From 1992 to 2001, there were more than 2,000 injuries reported from people working with wood chippers. That means that there were more than 200 reported each year during the study. Of the injuries that were reported, more than 45 percent of them occurred to workers who were between the ages of 25 and 34.

In roughly 60 percent of these incidents, the employee involved sustained an injury to one of their upper extremities. From 1992 through 1996, there were close to 200 amputations resulting from these accidents. In about 25 percent of these cases, the person who was injured missed more than 30 days from work as a result.

Close to 20 percent of people who were injured missed less than 3 months and another 20 percent had worked 3 to 11 months.

The truth of the matter is that these kinds of accidents are going to cost you — with medical bills, lost wages, recovery time and more.

According to the Occupational Safety and Health Administration (OSHA), chipper safety devices are available to reduce the risk of “caught-in” or “struck-by” accidents. Some manufacturers have equipped chippers with one or more of these devices. It’s critical to make sure that your wood chipper has these devices and that you’re thoroughly trained in how to use them to help to reduce your risks of an on-the-job accident.
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Being struck by lightning is widely considered to be a relatively rare event, and it is true that lightning strikes are not as common as most types of workplace injuries. However, a publication by the National Weather Service recently took a look at some of the dangers that workers face due to lightning risks.

Since summer is a time when many workers work outdoors, and since summer is also a time when lightning and thunderstorms are common, it is important for every worker and employer to understand the potential chance of injuries due to being struck by lightning. Our Boston workplace injury lawyers know that there is no way to guarantee that lightning will never injure or kill a worker. Still, by learning more about the underlying causes of lightning injuries and about who is most at risk while on the job, employers and employees can take active steps to avoid disaster.

The Risks of Lightning Injuries at Work

According to the National Weather Service’s lightning safety resources, there were 238 deaths in the United States between 2006 and 2010 as a result of lightning strikes. While many erroneously believe that golfers are at the greatest risk of being killed by lightning, the Weather Service instead revealed that fisherman accounted for about three times the number of lightning strikes as golfers. These fisherman could be people out fishing for fun or pleasure, but could also be fisherman employed by food companies or restaurants to catch fish to prepare and serve.

The National Weather Service also indicated that there were certain fields in which worker were in the greatest danger of being struck by lightning while doing their job. For example, some of the high-risk fields for lightning strikes included:

• Ranching/farming: There were 11 deaths from 2006 to 2012 in which ranchers and/or farmers lost their lives due to being struck by lightning.
• Roofers
• Lawn and garden workers
• Construction workers
• Military workers
• Workers aboard barges

Focusing on the risks is very important now as June, July and August are the peak months for lightning injuries and deaths. In fact, a full 70 percent of all deaths due to lightning occurred over the course of these summer months.

Protecting Workers From Lightning Injuries

Workers in any outdoor jobs are always at risk of being struck by lightning when trying to work during a storm. If the incident occurs while a worker is on-the-job, then workers’ compensation benefits should kick in to cover the losses of the injured worker. Workers are entitled to workers’ comp benefits for lightning strikes or other injuries, even if employers are not negligent or careless in a way that causes the worker to be harmed.

Since employers (or their insurers) are always on the hook for paying workers’ comp benefits after a lightning strike occurs, employers should generally do everything possible to prevent workers from getting hurt in the first place. This means complying with OSHA safety rules and being very cautious about sending workers out to perform work in bad weather when a storm can blow in.
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Summer is prime firework season, not just on the Fourth of July but also at many other parades and celebrations that occur over the course of the warmer months. While fireworks can be a lot of fun for everyone, they can also be very dangerous. Recently, OSHA attempted to address some of the risks of fireworks by urging increased safety awareness.

OSHA’s hope is to prevent injuries among fireworks and pyrotechnics industry workers by drawing attention to safety issues. Our Boston work accident lawyers know how important it is for workers in these industries to be protected through proper training and through employers following all workplace safety guidelines. Employers are urged to take note of OSHA recommendations and employees need to be aware of their rights to workers’ compensation benefits in the event that a fireworks injury occurs.

OSHA Urges Caution to Protect Workers from Fireworks Injuries

OSHA’s safety release urging caution in the fireworks and pyrotechnics industry follows a serious accident that occurred last year. In March of 2012, OSHA reported that three workers were badly burned by an explosion at Global Pyrotechnic Solutions, Inc. The explosion was caused by safety violations that resulted in the workers being exposed to explosive hazards and OSHA fined the employer almost $117,000 for the safety issues.

Of course, this accident was not the only one to occur in the fireworks industry, since this field of work is inherently dangerous. Workers are at risk of burn injuries; vision and hearing loss; amputation and a host of other injuries. When working with explosive material such as fireworks, there is also a chance that a worker could be killed while doing his job.

Yet, despite the clear and present risks of working with fireworks, employers are still responsible if a worker gets hurt or loses his life while performing pyrotechnics work. Workers’ comp benefits must be made available through an employer’s workers’ comp insurer, even if the employer isn’t negligent and doesn’t violate safety rules in a way that leads to the fireworks injury. This is because workers’ comp is a strict liability system and workers’ comp insurance pays out any time a worker gets hurt in the line of duty.

To protect workers and avoid having to pay out workers’ comp claims, employers are urged to take note of all OSHA pyrotechnics directives and industry-wide safety guidelines. There are many different regulations and policies published by OSHA and governing different employers within the fireworks industry, including those who handle the manufacture, storage, sale, use or display of pyrotechnic. These different directives can be found in a PDF file http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-01-053.pdf.* published by OSHA that discusses safety issues in the fireworks industry.

By taking responsibility and creating a safe environment, employers can hopefully help workers to get through the fireworks season without injury or death.
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The weather is warm in Massachusetts, which can seem like a good thing after a long winter. Unfortunately, those who work outdoors during these hot summer months may find the climbing temperatures to be a serious health risk. Each year, thousands of workers are exposed to excessive heat on the job and some of these workers are even killed as a result of heatstroke. OSHA aims to prevent this with its campaign to prevent heat illness in outdoor workers. The campaign is called the Heat Illness Prevention Campaign.

Our Boston work injury attorneys know that heatstroke can happen in as little as a few minutes when exposed to excessive temperatures. The body can quickly warm to the point where sweating is unable to cool you down. Body temperatures can reach 106 degrees or higher and cognitive damage can begin to occur that it is not possible to recover from. Continued heat exposure can lead to death, leaving devastated family members behind.

Employers and employees need to understand this serious risk and need to take steps to prevent heat-related on-the-job injuries during the summer. OSHA’s Heat Illness Prevention Campaign provides important information to help.

OSHA’s Heat Illness Prevention Tips
According to the OSHA website, OSHA’s Heat Illness Prevention Campaign has reached more than seven million people and has distributed around half a million fact sheets, training guides, wallet cards and quick cards outlining the dangers of over-exposure to heat. OSHA has also formed a partnership with the National Weather Service , which includes precautions to workers in its Excessive Heat Watch, Warning and Advisory Products.

OSHA aims to reach all workers who could potentially be at risk of workplace injuries and all employers whose companies put workers into situations where heatstroke is a potential concern. Those at the greatest risk of a heat-injury from doing their jobs include any workers routinely exposed to hot and humid conditions. Workers doing manual labor or heavy work tasks in hot temperatures are in the greatest danger, as are employees who need to wear bulky protective gear outdoors in the summer. The risk of heatstroke and heat illness can also be worse for workers who are not used to hot conditions and whose bodies have not adapted.

For these and other workers spending time doing their jobs in hot climates, OSHA has three key tips to prevent heat illness: water, rest and shade.

OSHA suggests that employers limit the amount of time that workers spend out in the sun or heat each day. When workers are out in the heat, they should take plenty of breaks and get plenty of rest, escaping periodically from the hot conditions to sit down in a cool place and let their bodies cool down. Employers are also encouraged to urge employees to drink lots of water and to build up to a heavy workload in hot conditions.

If employers help new employees get acclimated, train them in the risks of workplace heat injuries, provide water, encourage drinks and provide plenty of rest breaks, hopefully workers can avoid death or injury due to heatstroke during these hot summer months.
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This June, a postal worker pled guilty to fraud in connection with a workers’ compensation claim that she had filed back in 2004. According to AOL Jobs, the worker had claimed she was unable to lift mail trays into trucks as a result of a work injury she sustained. She had been receiving benefits since 2005.

Unfortunately, it turned out that she exaggerated the extent of her injuries in order to receive benefits. Her dishonesty was discovered when she appeared on the Price is Right in 2009. At that time, she used her entire upper body to spin the show’s “big wheel,” revealing the fact that her shoulder injury wasn’t really as bad as she had claimed.

Our Boston workers’ compensation attorneys know that in rare cases, people do exaggerate their injuries in order to receive workers’ comp benefits. However, these types of cases are few and far between and the majority of people receiving benefits for a work injury truly are impaired and need the help. Unfortunately, high profile stories such as this one have employers and workers’ compensation insurers constantly on the lookout for any signs that an employee may not be telling the truth.

While you should never exaggerate your injuries, you do need to keep in mind that employers and insurers may be looking for reasons to stop your benefits. As such, it is important not to do anything that could be misinterpreted or misconstrued to paint a false picture of the true state of your health.

Employers and Insurers on the Lookout For Fraudulent Workers’ Comp Claims
In the case of the worker who appeared on Price is Right, the woman who was accused of fraud not only appeared on the television show and spun the wheel but she also had a picture of herself on Facebook riding a zipline.

It is pretty rare for people to appear on the Price is Right (or other television shows) but almost everyone uses social media. Social media is thus commonly used as a tool by employers who are trying to catch people exaggerating their work injuries. This means that you need to be careful about anything that you post online, especially if your employer or insurer is trying to deny workers’ comp benefits or stop your disability benefits. Any pictures or statements that could be misinterpreted should be left off of your social media websites and you should never post anything that could jeopardize the work injury benefits that you both need and deserve.

In a lot of cases, people who have suffered severe workplace injuries- and especially injuries bad enough to prevent working- will try to put on a brave face on social media, not wanting to burden friends and family with constant complaints about how badly they are feeling. Remember, though, that if you are in this situation, your friends and family may not be the only ones looking. Be smart about how you use social media and if you have any concerns that something you say or do could jeopardize your right to work injury benefits, you should be sure to talk to a lawyer.
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The Voluntary Protection Program (VPP) is run by the Occupational Safety and Health Administration (OSHA) and recognizes employers and workers in the private sector who have implemented effective safety strategies to prevent workplace injuries. An employer who is part of the VPP generally does a good job taking steps to keep the workplace safe and being a part of the VPP can make an employer more attractive to employees who place a premium on working in a safe environment.

In order for the VPP to work, however, OSHA needs to ensure that only truly safe employers are actually part of the program. As such, a new directive an OSHA administrator outlines what happens when a company that is part of the VPP has a series of workplace injury incidents or has a death on the job. Our Boston work injury attorneys urge employers who are part of the VPP to understand the new OSHA directive in order to see what they must do to remain part of the Voluntary Protection Program.

OSHA’s New VPP Rules
According to the OSHA directive from administrator David Michaels, an inspection will be triggered if there are three serious injuries at a VPP workplace. A serious injury is one that requires hospitalization and/or days missed from work. An inspection will also be triggered if there is a workplace death. Once an inspection has been triggered, the company’s VPP status will be changed to “Inactive Pending Fatality/Catastrophe Inspection.”
After OSHA inspectors visit the worksite and investigate for safety violations, one of several different things can happen:

• If OSHA determines that the fatality was work-related or if OSHA determines that a willful violation of safety regulations occurred, then OSHA will remove the company from the VPP. A “notice of intent to terminate” will be sent to the company within ten days from the time when OSHA completed the inspection.
• If the company’s worksite is so unsafe that the company is placed in the Severe Violator Enforcement Program, then the company’s participation in the VPP will also be terminated. Again, a “notice of intent to terminate” will be sent within 10 days after the inspection.
• If there were no safety violations or if the company did not commit a willful violation, then it is at the discretion of the OSHA administrator whether the company can remain in the VPP or not. The OSHA inspector who visited the worksite will make a recommendation to the OSHA administration on whether the company should be permitted to stay in the program.

Employers will also have the opportunity to appeal a decision that is made about its continued participation in the VPP.

Companies that are currently part of the program need to live up to their commitment to take workplace safety seriously. All employers are required to comply with OSHA regulations and to provide a safe worksite for their employees but those companies that have become part of the Voluntary Protection Program make a special promise to their workers that they are going the extra mile to protect them. Employers need to live up to that promise.
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Throughout the region, workers who suffer injury while on the job are entitled to file workers’ compensation claims for injuries. Families who have lost their loved ones to work-related accidents are also entitled to claims. In the recent workplace safety news, OSHA has cited a New Hampshire automobile company for repeat safety violations and a Maine sawmill company for repeat and serious violations of workplace safety standards.

OSHA violations are often evidence used in negligence cases. OSHA is often called upon to inspect premises after an accident or injury or if there are internal reports of safety violations. Monro Muffler Brake Inc. has been cited for “willful, repeat, and serious” workplace violations in Portsmouth, New Hampshire. The automotive repair and tire chain business now faces more than $221,000 in OSHA fines. The Maine sawmill company will be fined over $79,000 in penalties. Our Boston workers’ compensation attorneys are dedicated to helping victims and their families protect their rights involving unsafe working conditions.

The New Hampshire OSHA inspection initiated as a complaint. During the inspection, OSHA officials discovered that employees were exposed to potential electric shock from exposed and energized wires in the restroom. OSHA also found that the company did not correct these conditions, even after the issues were brought to light after an in-house safety inspection. There were also five repeat citations issued for defective ladders and issues with hazardous materials. Other citations were issued for obstructed exit routes, improper storage, and improper disposal of hazardous and combustible materials. These are considered serious violations because they could cause death or bodily harm.

In the May edition of the American Society of Safety Engineers Journal, a senior safety consultant for Caterpillar discussed the under-reporting of “near-misses.” Near-misses are incidents where accidents happen or things go wrong at the workplace but where no one is hurt. These incidents are rarely, if ever, reported for many different reasons.

Unfortunately, when a serious accident occurs, it almost always turns out that there were a number of near-misses leading up to the serious injury or workplace fatality. If more workers reported these near-miss injuries, steps could be taken to correct problems before someone gets seriously hurt. Our Boston work injury attorneys know that there are many barriers to reporting near misses, but that employers should do everything they can to create a workplace culture that allows these incidents to be reported.

Why Workers Don’t Report Near Misses

The Caterpillar safety consultant identifies eight specific reasons why workers rarely if ever report near misses. These reasons include:

• Comfort with the status quo. Workers become comfortable with current conditions and with how things are at work, even if conditions are dangerous. Employees thus may not think to report problems that arise.
• Fear of being punished or of facing retaliation. Many workers are afraid to come forward and make reports, even if there has not been any history of prior retaliation for reporting. Employers should make very clear that those who report near-misses will not face any punishment or adverse consequences for doing so.
• Lack of follow-up. Even when employees do make reports of near-miss incidents, managers often fail to follow through or to provide any feedback to employees on corrective steps that were taken.
• Peer pressure: Co-workers may urge workers not to make a fuss or cause trouble.
• Concern about their own reputation. Sometimes employees believe that reporting a near-miss incident might make them look bad and hurt their own image or reputation at work.
• Concern about missed deadlines. Some workers fear that reporting an incident will slow things down and necessary work won’t get done on time.
• Concern about red tape. Workers don’t want to become involved in a long, drawn-out reporting process.
• Fear of blame: Managers who focus on placing blame, rather than preventing future accidents, can create a culture where people are reluctant to report near-miss workplace incidents.

Employers need to address these barriers to reporting and need to create an environment where workers are encouraged to report incidents that occur and that show weaknesses in workplace safety.

If proper reports are made to employers, employers can and should address dangers or risk factors so that a serious or deadly accident can be reported. If employers do not take action, employees may wish to pursue a claim with OSHA if workplace safety guidelines are being violated. While it may not be pleasant to become involved in making reports of workplace safety violations, getting seriously hurt at work is a much bigger problem.
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When you consider the most dangerous industries to work in, you probably think of construction, mining, oil drilling and other fields where physical labor and heavy machinery combine to create high risk. While it is true that all of these industries can be dangerous, there is also another profession that is very risky that you may not be aware of: the healthcare field.

Our Boston work injury attorneys know that healthcare workers face a number of serious on-the-job risks. Workers in the healthcare field can suffer many different types of injuries, ranging from overexertion injuries to falling victim to violence by those to whom they are providing care.

Healthcare Workers Face Risks

Recently, the plight of some healthcare workers became public knowledge and has been making headlines throughout New England as a result of an attack on a staff member at Riverview Psychiatric Hospital. According to The Kennebec Journal, a staff member at the hospital was assaulted by a patient and suffered injury as a result. The staff member was apparently stabbed repeatedly by a patient who had a history of violence.

The attack raised concerns that the hospital is understaffed and that the security measures in place were not sufficient to protect workers from unstable patients. In response to the attack, security has been improved, but there still remain concerns about whether there are enough people working at the facility to control the dangerous patients who live there.

Of course, it would be easy to argue that workers take the risk of being hurt by violent, unstable patients when they go to work in a psychiatric hospital. Yet, these workers are not the only ones who are in danger of being subject to violent attacks by patients. Anyone who routinely provides care to potentially unstable members of the public could be at risk, including emergency room or hospital staff. Nursing home workers are also in danger of being the victims of acts by violent patients, especially if those nursing home workers work with elderly adults suffering from Alzheimer’s or dementia whose behavior might become out of control due to their cognitive impairments.

Violence in the workplace causes serious injuries and fatalities among healthcare workers and it is imperative that every facility take steps to protect employees and to minimize the dangers of an assault occurring. Having adequate staff and having security procedures in place are both ways to help ensure that staff members have the protections they need.

Workplace violence is not the only risk faced by healthcare workers, either. Other top causes of workplace injury in this field include repetitive stress or overexertion injuries from lifting and moving patients and infection due to exposure to blood or bodily fluids from patients who are ill. Needle pricks or sticks can spread viruses and germs and are, unfortunately, not always preventable even when healthcare staff exercise care in performing tasks.

It is the obligation of employers to do everything possible to minimize these and other risks faced by those in the healthcare industry.
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Just because you’re not a permanent worker doesn’t mean that you don’t have the same rights. And now, officials with the Occupational Safety and Health Administration (OSHA) are going to work harder to make sure that you’re getting the same opportunities and protection.

Recently, OSHA officials announced an initiative to further protect temporary employees from workplace hazards. This announcement came with perfect timing, too — at the annual Workers’ Memorial Day event. This event is used to honor employees who were killed on the job and to help to renew a commitment to making work sites across the nation safer. So if you’re a contracted worker, listen up. There are some things you have to know — and your safety relies on it.

Our Quincy workers’ compensation lawyers understand that temporary workers have the same rights as permanent workers. They should be provided with the same safety equipment, the same training and the same rights as everyone else. Now, OSHA officials are working to make sure that’s the case. Officials with OSHA will now be using a new code to help to determine when temporary workers are exposed to unnecessary dangers and various health violations.

It’s not only important that these workers are getting the proper training, but it’s important that they’re getting it in a language that they can understand.

Each year, there are thousands who are killed on the job. Unfortunately, many of these fatalities were of temporary workers. Many of these fatal accidents could be prevented if workers to take the proper safety precautions to stop the dangers before they arise.

“Workers must be safe, whether they’ve been on the job for one day or for 25 years,” said Dr. David Michaels with OSHA.

In addition to this new code, officials have started working alongside the American Staffing Association and companies that use these kinds of agencies for workers. By teaming up with these programs and companies, they’re trying to help to make sure that temporary workers are taken care of on the job.

This partnership was sparked after a number of reports and accidents in recent months involving temporary workers. Many of these reports involved fatalities. A lot of them even happened during the worker’s first day on the job. With these reports, many citations followed. But the problem here is that we need to get to the root of the problem before it strikes.

According to the Bureau of Labor Statistics, more than 10 percent of worker fatalities recorded in 2011 were of contracted workers.

If you’re a temporary worker, you have rights! If you feel like you’re being short-changed on the job and your safety is a risk, don’t be afraid to speak up. If you need more help, more training or more safety equipment, it’s your right to have it. Talk with your employer about your needs and help to ensure a safe work day.
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