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When we think of workers’ compensation, we typically think of someone getting hurt once he or she is already at work or on-the-clock.  There has been significant litigation about what happens when worker is injured on his or her way home from work or his or her way to work, and that is covered by what many jurisdictions refer to as the coming and going rule. It should be noted that, generally speaking, a worker is not entitled to workers’ compensation for travel to and from work absent special circumstances.

workHowever, it is close case when a worker is injured on the employer’s property, but before he or she has officially started work, or physically clocked in at a job that requires the use of a time clock.  A recent news feature from Business Insurance, a trade publication for the insurance industry, looks at a case involving a woman who was injured when she slipped and fell on an icy parking lot outside the childcare facility at which she worked.  Continue reading

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Investigators are working to piece together what happened to cause two workers to suffer serious on-the-job injuries during a demolition project in Quincy, Massachusetts. According to The Boston Globe, these workers were helping do a complete demolition of the once historic Wollaston Theatre.

constructionsite2Authorities say that the local fire inspectors have warned something like this could happen, due to the type of building and sad state of disrepair it had been in prior to the demolition project. A deputy fire chief said that with this type of historic structure, everything has to be in a very carefully planned order. Even when it seems all these plans are meticulously mapped out and followed, something can still still go badly wrong.

In the Quincy workplace accident, teams of investigators with the demolition company, the Occupational Safety & Health Administration (OSHA) and local health officials were working to determine what happened.  Continue reading

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The U.S. Department of Labor recently reached an agreement with U.S. Steel Corp. in which the company agrees to drop its policy of mandating workers immediately report injuries or illnesses or else face swift and severe punishment. whistle1

The problem was not so much that the company required workers to report injuries. In fact, that’s what OSHA wants. The issue was the back-handed policy’s negative effect on workers who might not have realized the severity of their condition right away.

That meant that any worker who didn’t report a workplace injury the moment it happened faced retaliation – up to and including termination – for reporting it later. That created an incentive not to report the injury at all, which is exactly what federal regulators do not want. Punishing workers who report injuries is a violation of whistleblower statutes.  Continue reading

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Employers in Boston and throughout the U.S. will have additional time to make sure they are compliant with the new anti-retaliation rules handed down by the Occupational Safety and Health Administration (OSHA).sad1

The agency recently announced it would delay its enforcement of the action, which will have an impact on workplace drug testing and certain safety incentives. Instead of enforcing the action in August, as originally intended, the agency won’t start ensuring those anti-retaliation and record-keeping provisions are in place until November.

The new anti-retaliation rule is part of an effort to block companies from discouraging workers from reporting workplace illnesses or injuries. Continue reading

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Demolition workers helping to tear down the former Wollaston Theatre in Quincy, Mass. were seriously injured after they became trapped when a wall fell on top of them. wall1

According to Masslive.com, the incident happened just south of Boston at a place that was once known by locals as, “The Wolly.” It opened in 1926, but was being torn down after it had fallen into disrepair and the site purchased in 2012.

The structural collapse incident at the 90-year-old landmark occurred when a 15-foot wall made of brick and steel collapsed during the demolition process. One worker was trapped on the ground and another hurt his arm after he jumped from a cherry picker. The man on the ground was reportedly stuck under 4 feet of brick and steel. Firefighters believe a steel beam probably saved his life. His torso and below were completely buried.  Continue reading

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According to a recent news feature from the Boston Herald, a Chilean soccer fan who had been watching the international competition was arrested after he had allegedly hit a construction worker in Boston’s Ted Williams Tunnel and then fled the scene.

workman-sign-1003297-mPolice say that when they caught up with the suspect and pulled him over, he allegedly pretended to blow into the roadside breath test and then told the officer that his wife “looks like a toilet.” Continue reading

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We often hear in the news this time of year about people are injured as result of using amateur fireworks.  Even though fireworks are illegal in the Commonwealth of Massachusetts, many people will drive to other states and buy them for use on various holidays including the Fourth of July and New Year’s Eve.  While some neighboring states like Pennsylvania will sell consumer fireworks that can spark on the ground, some southern states such as South Carolina will sell mortars similar to the ones used by professional fireworks presenters, though typically much smaller in size.

welding-1387182-mFor many reasons, including the risk of causing personal injury, starting a fire, or being arrested, it is best to leave fireworks to the professionals. However, being a professional pryotechnician or apprentice can be a very dangerous job and one that often results in on-the-job injuries such as the one discussed in a recent news feature from WGN.  As discussed in that article, a professional fireworks demonstration was canceled when a fireworks installer was injured while helping to set up for the show. Continue reading

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According to a recent news feature from News 7 Boston, a worker was injured on the Medford-Everett line when a crane flipped over completely.  Authorities say the project was located at the border between the two Boston area suburbs at a bridge along the Revere Beach Parkway just north of the city.

mSeL02uIt was the end of the workday when workers were putting away their equipment before heading home for the night.  The crane with that they were working was not properly balanced and contained around 200 gallons of diesel fuel, which shifted, causing the crane to flip completely over.  The operator of the crane was still inside the control cabin when it flipped over, and he was trapped in the cab.  He had also broken his arm during the fall.  Continue reading

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Recently, federal administrators issued a long-awaited rule that is intended to reduce workers’ exposure to respirable crystalline silica. Codified in 29 CFR, sections 1910, 1915 and 1926, the new regulations go into effect his year and are intended to drastically slash the amount of silica dust to which companies may expose workers. Additionally, a number of preventative measures will become mandatory. miningtruckdust

The goal of the final rule is to slash the risk of lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease – all a risk to U.S. workers who are exposed to silica.

The construction industry has pushed back on these efforts for years – most recently with a study from the Construction Industry Safety Coalition (CISC) opining compliance with the Occupational Safety & Health Administration (OSHA)’s final rule would cost the U.S. construction industry approximately $5 billion a year – almost $4.5 billion more annually than OSHA estimated. However, this change was a long time coming, according to work safety advocates. That’s because silica dust has been known for more than 80 years to be deadly.

U.S. Labor Secretary Thomas Perez did not mince words: “This rule will save lives.”  Continue reading

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Workers’ compensation in Massachusetts is generally what we consider a “no-fault” system. That means that if you are injured on-the-job in Boston, workers’ compensation benefits can still be paid to you no matter how the accident occurred or who was at-fault. But there are a few exceptions to this, and one of the biggest is when the employer has reason to believe the accident was caused by the injured worker’s use of alcohol and/or drugs.drinkinggirl

For this reason, companies started to make it standard practice to test workers for drugs and alcohol after an accident. But this has been met with mixed response from the courts. For example, the Ohio Supreme court struck down a part of state workers’ compensation law that allowed employers to automatically test workers for drugs and alcohol after a work injury, finding it a violation of workers’ Fourth Amendment rights against unreasonable searches. Another case in West Virginia resulted in the same finding after a worker who injured his back was ordered to under drug and alcohol screening five days after the work accident.

Now, the issue has been raised again in the wake of the Occupational Safety & Health Administration (OSHA)s newest rules to prompt better reporting of all workplace injuries. Now, effective August 10, 2016, employers across the country are required to have a “reasonable procedure” for workers to report work-related injuries and illnesses both promptly and accurately. The rule forbids this procedure from discouraging or deterring an employee from accurately reporting a work-related injury or illness. Additionally, the rule specifically bars retaliation for a worker who reports workplace injuries or illnesses. Per this new standard, companies that require or request post-accident alcohol and/ or drug testing are going to face down additional scrutiny from OSHA under the new Final Rule to Improve Tracking of Workplace Injuries and Illnesses because such post-incident testing may deter reporting of the injury.  Continue reading

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
By Appointment Only

Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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