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DiCarlo v. Suffolk Constr. Co., Inc. v. Angelini Plastering, Inc., is a case that resulted in a somewhat significant change to workers’ compensation law in Massachusetts.  In a typical case, workers’ compensation is an exclusive remedy.  This means that a worker who is injured or becomes sick due to a job-related injury or illness can file a workers’ compensation claim with his or her employer but cannot file a lawsuit against his or her employer.

gavel-2-1409592-mHowever, the worker is not required to prove negligence or intentional conduct committed by the employer in order to collect workers’ compensation benefits.  The reason is because the workers’ compensation system in Boston in a no-fault system.  This no-fault system benefits the worker by theoretically making it easier to collect benefits, because all a worker has to establish is that he or she was injured or became ill, that injury or illness was work-related, and they are an employee as opposed to an independent contractor.  Continue reading

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Most people have heard of Folsom, formally known as the California State Prison in Folsom, due the fact that it was featured in a famous song by Johnny Cash.  However, it is a real prison, and it is still in operation.

prison-1431133-mAccording to a recent news feature from Fox News, four employees of the prison were injured in what is alleged to have been an attack by one or more inmates.  Authorities have said a 32-year-old inmate was supposed to be receiving his medication when he allegedly attacked two psychiatric technicians. Continue reading

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According to a recent news release from NECN, an employee was critically injured while at work in Lowell.  Authorities say the 52-year-old worker suffered a traumatic brain injury in what is being called a tragic on-the-job accident.

workerexcavatorWitnesses have said worker was assisting other employees to unload a flatbed truck that was loaded with huge panels of glass.  As they were removing the panels from the flatbed truck, one of these giant sheets of glass started to fall from the truck.  Workers yelled for victim to get out of way, but there was not time for him to react, and the giant piece of glass came crashing down on his head and other parts of his body.  Continue reading

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According to a recent news article from Mass Live, a man from Charlton has been arrested in connection with the death of a toll collector on the Mass Pike in the Worcester area. Authorities have said the defendant is 32 years old, and the now deceased Mass Pike worker was 61 years old at the time of his death.

emergency-269548-m-300x253Massachusetts State Police officials alleged defendant was driving south on Mass Pike when he approached the Fast Lane toll plaza.   The decedent had stepped outside of his toll both and into the lane of travel.  At this point, defendant hit him with his pickup truck.  Authorities have reviewed footage and radar devices that are set up at the toll plaza and determined that defendant entered the toll plaza while traveling at 36 miles per hour.  This is significantly faster than the posted speed limit of 15 miles per hour. Continue reading

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Many people do not realize how common it can be for restaurant workers to suffer a serious on-the-job injury.  While it may be obvious that line cooks and chefs may suffer burn injuries, there aren’t too many parts of a restaurant that are truly safe for employees.

mke8KlC-200x300For example, many restaurant servers are injured in slip and fall accidents.  Even though most employers require their restaurant workers to wear shoes with a slip or skid resistant rubber coating on the sole, there are still many slip and fall accidents at restaurants and other workplaces in Boston. Continue reading

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Working in the construction industry can be very dangerous. Many people are injured or killed each year as a result of using power tools, being crushed by heavy construction vehicles, and from fall accidents. According to a recent news article from the New York Times, a 62-year-old construction worker died after falling from a building in East Harlem in New York City.

mYDyjiyAuthorities say workers were performing major repairs on the building when the fatal on-the-job accident occurred. This was not one of the city’s well known skyscrapers, but the six story fall was clearly enough to prove fatal. Victim was working to replace rain gutters on the roof at the time of the fatal workplace accident when he fell to his death. Continue reading

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According to a recent news feature from CNN, a woman was working in a bakery mixing dough around 10 a.m. when she was killed in what is being described as an accident involving an industrial mixer. Authorities say she was using the large piece of commercial baking equipment to mix dough when she became trapped in the auger that was being used to mix raw dough.

bread-p-atilde-o-2-1561228-300x225It should first be noted that this machine was around three feet high and was not one of the giant mixers you might be picturing that would be used at a massive baking factory. While authorities are not completely sure as to why this fatal workplace accident occurred, it is believed she was wearing loose clothing that managed to become trapped in the augers. When this happened, she was actually pulled into the vat of dough and was killed. Continue reading

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The Arizona State University Sun Devil Stadium is currently undergoing a major renovation project. According to a recent news feature from The Arizona Republic, a construction worker was seriously injured when he fell approximately 30 feet from scaffolding while working at the jobsite.

mWynm5Y-300x224Authorities say he injured his head, chest, and arm from the fall.  He was treated by first responders and immediately taken to to a local level-one trauma center. Hospital officials say he is in serious condition, but he is stable and is expected to survive.  The total extent of his health condition is not known as of this time.   This accident slowed down the construction project, but work was able to resume a short time later, and construction on the stadium is expected to be complete by 2017.  This is the first renovation project in many years. Continue reading

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According to recent news from the Boston Globe, an employee was the victim of an alleged sexual assault while working at a doughnut shop in Norwood. She had been employed at the shop for less than 14 days when the alleged assault occurred.

mgyohUeThe alleged assault happened on December 6, 2015 during a Patriots game. There were hardly any customers visiting the shop. While she was busy making sandwiches, which was part of her job when there were no customers, her supervisor allegedly talked her into coming out to the parking lot with him to drink malt liquor. After she had a little bit to drink, he allegedly began to touch her in an unwanted manner. He first groped her over her clothing and then reached under her clothing. She told police when she tried to resist, he pulled her into a walk-in cooler and sexually assaulted her. Continue reading

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The United States Occupational Safety and Health Administration (OSHA) is responsible for investigating workplace accidents, especially ones in which a worker is killed on the job, and determining if an employer is in violation of workplace safety regulations. If the employer is deemed to have committed safety violations, OSHA can issues warnings, require corrective action, issue fines, or a combination of any or all of these things.

mWx4e1iAccording to a recent news article from Canmua, OSHA issued fines to the major online merchant, Amazon, for alleged violation of workplace safety regulations. The agency issued a release alleging the company did not report at least 26 on-the-job injuries and illnesses at one location alone. This location happened to be in New Jersey. 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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