Massachusetts Work Accident

June 18, 2015

Zookeeper Seriously Injured by Lizard Bite

Each year in Boston and across the United States, many workers are injured at work. While some fatal accidents make the local or even national news, far more go unnoticed by media. It’s only occasionally that some on-the-job accidents involve unique circumstances that capture the public’s attention.

According to a news report from KETV 7, a zookeeper injury was one of those cases. A zoo employee in Omaha was reportedly seriously injured after being bitten by a lizard.

The female zookeeper was performing routine care on a Komodo dragon when it bit her on the hand. After the worker was bit on the hand, first responders were called to zoo and transported the zookeeper to a local hospital.

While this might not seem like it would cause a severe on-the-job injury, the problem has to do with fact the animal is venomous and typically has serious bacteria on the its teeth and in its mouth which can cause serious infections. Doctors first cleaned and closed the wound with stitches and then put her on a course of antibiotics and anti-venom. Due to the lizard’s venom and amount of type of bacteria and the potentially deadly infection it could cause she was initially listed in critical condition and admitted to the hospital to undergo additional to control and prevent infection.
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May 31, 2015

Family of Disney Worker Killed on Job Files Lawsuit

by Jeffrey S. Glassman

In 2011, a Walt Disney World ride mechanic was killed on-the-job while making repairs on an attraction at the park’s Animal Kingdom. According to a recent news article from Click Orlando, employee was performing work on the small roller coaster when another employee released a test car while employee was still on the tracks. Employee was 52-years-old at the time of his workplace death.

Family members have recently filed a lawsuit in connection with employee’s death, arguing defendant was negligent in performing a test run while employee was still on the tracks. They also allege employee’s supervisor did not properly warn him that a car was about to release, which would have allowed him to clear the tracks in a safe manner before being struck by the incoming car.

Plaintiff’s lawyers are technically alleging more than mere negligence, as they contend employee’s supervisor either was not paying attention, or actually “knew where [employee] was and launched [the car] anyway.”
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May 16, 2015

Hill v. City of Horn Lake: Workers’ Compensation and Independent Contractors

by Jeffrey S. Glassman

In Hill v. City of Horn Lake, a case from the Supreme Court of Mississippi, two employees were working at the bottom of a trench when it collapsed without warning. The trench was 17 feet deep at its lowest point. When it collapsed, one worker was killed, and the other was seriously injured.

Following the accident, deceased worker’s estate and injured worker filed civil negligence suit against the city under a theory that their employer, construction company, had acted negligently in allowing the trench to collapse while they were inside.
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May 12, 2015

Payment for Scarring in Massachusetts Workers’ Compensation Cases

by Jeffrey S. Glassman

According to a recent news article from Boston.com, some disfigured employees are not being compensated for scarring caused by work-related accidents. Pursuant to Massachusetts law, employees injured on the job are entitled to workers’ compensation benefits to cover medical bills, future medical expenses, and lost wages for injuries expected to keep workers off the job for a period of more than five days. However, in some cases, additional compensation is allowed when an employee has scarring or other permanent injuries such as lost limbs.

This article discussed the story of an employee who constantly lives with severe pain. The 56-year-old worker was cleaning ventilation ducts when he lost his balance and fell into a vat of chemicals at the metal finishing factory where he worked. He was an employee for 14 years prior to his serious work-related accident.

Employee suffered severe burns, including second- and third-degree burns that ran from his thighs down to his feet. His doctors had to perform extensive skin grafts by taking skin from his back and chest and other areas his body and using it to cover the burns on his legs.
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May 8, 2015

Workers’ Memorial Day in Massachusetts

by Jeffrey S. Glassman

Each year thousands of workers die as result of on-the-job injuries and illness. While these people will never be forgotten by their families, it is still important to take a day to pay our respects to those who sacrificed their own lives so the rest of society could live their lives in a way in which we have all become accustomed.

This Workers’ Memorial Day, labor officials in Massachusetts listed the names of 62 workers who died in the past 16 months while working throughout our state.

A recent news article from Mass Live says this amounts to approximately one death per week – deaths that could have been prevented if there was a greater set of safety regulations, according to the director of the National Council for Occupational Health and Safety (COSH).
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March 21, 2015

Lewis v. L.B. Dynasty: Workers’ Compensation for Exotic Dancers

by Jeffrey S. Glassman

In Lewis v. L.B. Dynasty, an appeal from the Supreme Court of South Carolina, claimant was working as an exotic dancer at a local strip club when a stray bullet hit her. According to court records, claimant was working as an exotic dancer five to seven nights a week at various clubs in North Carolina and South Carolina.

During the night of her injury, she was working at a South Carolina club. As per normal protocol, she arrived at the club, presented an ID to show she was old enough to be a performer, paid a tip-out fee of $70 based upon the time when her shift started, and got ready to perform. She performed dances on the main stage, table dances and VIP (private) dances. She danced on stage in an order determined by the club and did table dances and private dances when customers requested her to do so. She was required to give a portion of private dancing fees to club management. She was also required to read the club rules each day before performing.

Club rules did not require dancers to work any particular days, but club did set a dance schedule when dancers arrived prior to a shift. If dancers failed to dance on the stage when it was their turn, they could be fined and fired. Dancers could also be terminated for fighting or having sex at the club.
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March 9, 2015

OSHA: Massachusetts Contractors Exposed Fatal Fall Risk

by Jeffrey S. Glassman

According to a recent news release from the United States Occupational Safety and Health Administration (OSHA), workers performing renovations at a now-closed dye works plant in Easthampton, Massachusetts were exposed to potentially deadly fall accidents due to employer’s failure to provide necessary protection.

OSHA reports falls are the No. 1 cause of worker deaths on construction projects, and many workers are only seconds away from a potentially deadly or disabling fall, which could easily end their careers. This not only is devastating to the injured worker, but also to his or her family, who will be left without their injured family member’s future income and may also bear the cost of a lifetime of future medical expenses.

OSHA fined these contractors over $110,000 for failing to provide adequate safety equipment. Regulators found workers on rooftops with no safety harnesses or other fall prevention devices, unguarded holes in the floor of job sites, and employees did not properly receive training to deal with these safety issues.
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February 22, 2015

L & L Enterprises v. Arellano: Workers’ Compensation and Undocumented Workers

by Jeffrey S. Glassman

L & L Enterprises v. Arellano, an appeal from the Supreme Court of Wyoming, involved claimant who was injured on the job. After submitting a workers’ compensation claim, it was determined he was an undocumented worker and, trial court ruled, not entitled to benefits. His application for workers’ compensation was denied and he appealed this decision.

On appeal, the court looked at the issue of whether he qualified as an employee under the state statute for the purposes of workers’ compensation eligibility. It should be noted in the Commonwealth of Massachusetts, as our Boston workers’ compensation attorneys can explain, being an undocumented worker is not a bar to receiving an award an award for workers’ compensation benefits.

The Massachusetts case involved a construction laborer who was severely injured when he fell into a deep hole while on the job. He was an undocumented worker. When his employer denied his application for workers’ compensation benefits, he filed a claim with the Massachusetts Department of Industrial Accidents (DIA). An administrative law judge determined injured worker was eligible for workers’ compensation, despite his immigration status, and awarded his benefits, including back pay.

Employer appealed, based upon a 2002 U.S. Supreme Court case holding undocumented workers were not entitled to workers’ compensation benefits. DIA reaffirmed its earlier decision, citing U.S. Supreme Court did not preclude a Massachusetts agency from concluding employer and employee had entered into an enforceable contract, which upon an on-the-job injury, required payment of workers’ compensation benefits.
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February 10, 2015

Barnes v. Charter 1 Realty – Idiopathic Versus Unexplained Injuries

by Jeffrey S. Glassman

One of the cornerstones of Massachusetts workers’ compensation law is that in order to be compensable, an injury or condition must arise out of and in the course of one’s employment.

That means there must be some causal link between one’s work and injuries.

Courts have generally held that idiopathic injuries should not be considered compensable. However, there is often dispute about what exactly it means for an injury to be “idiopathic,” and courts have struggled to reach a consensus about the exact test that should be applied. Some states consider any unexplainable injury to be idiopathic. Others, however, make the distinction that idiopathic doesn’t necessarily mean “unexplainable,” but rather an injury brought on by a purely personal condition.
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December 22, 2014

W. World Ins. Co. v. Armbruster: Employee Classification in Workers’ Compensation

by Jeffrey S. Glassman

W. World Ins. Co. v. Armbruster, a case from the United States Court of Appeals for the Sixth Circuit, involved claimant who worked at a farmer’s market. This farmers market offered hayrides, pony rides, and pumpkin picking. Claimant was hired to run the hayride for eight weeks.

There was a workplace accident involving the hay wagon, and claimant was seriously injured and is now a paraplegic. His spine was crushed by the wagon. Claimant filed a civil lawsuit in state court against farmer and his daughter. Claimant also filed a lawsuit the same day with farmer and his daughter against farmer’s insurance company in which they sought a declaratory judgment claimant was covered by farmer’s General Commercial Liability insurance plan. Insurance company also sought a declaratory judgment finding claimant was not covered by the insurance policy.
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