Massachusetts Workers Compensation Lawyers Blog

January 10, 2016

Multiple Injury Fund v. McCauley: Workers’ Compensation Benefits

Multiple Injury Fund v. McCauley, a case from the Oklahoma Supreme Court, involved a claimant who filed three different claims with his employer. In his first claim, employee alleged that he had suffered a cumulative neck injury, back injury, and spinal injury. He said he was first aware of the injury in 2006.

His second claim involved an injury to his hands, shoulders, and arms, and he said he first became aware of these injuries in 1990. His third and final claim involved an injury to his knees, and he said he first became aware of this medical condition in 1990. All these claims were filed in October of 2012. In December of that same year, the plant where claimant worked shut down. This meant his date of exposure to a work-related injury was December of 2012 with respect to this same employer. Continue reading

January 5, 2016

Report: Massachusetts Countertop Manufacturer exposed Employees to Hazards

by Jeffrey S. Glassman

According to a recent regional news release from the United States Occupational Safety and Health Administration (OSHA), a maker of granite countertops in Acton, Massachusetts has exposed employees to repeated safety hazards while violating worker safety regulations.

The company was cited for safety violations in 2014 following a finding of six specific infractions and was fined $8,500. Employer was also required to submit proof to OSHA that the dangerous working conditions likely to cause an on-the-job injury were corrected. The employer allegedly did not submit this report, and OSHA reopened its investigation. Continue reading

January 1, 2016

OSHA Fines Employer After Massachusetts Worker is Killed on the Job

by Jeffrey S. Glassman

The United States Occupational Safety and Health Administration (OSHA) is the federal agency under the auspices of the United States Department of Labor (DOL) charged with the task of investigating any serious or fatal workplace accidents that occur in the United States, including the Commonwealth of Massachusetts.

If OSHA determines an employer was at-fault in connection with a fatal workplace injury, the agency has the ability to levy fines against the employer and require the employer to make certain changes. However, it should be noted that under the Workers’ Compensation system, it is not necessary for an employee who is injured on the job to prove any fault on behalf of his or her employer. In the case of fatal on-the-job accident, it is not necessary for the employee’s family to prove fault on behalf of the employer. It is only necessary to prove that the employee’s injury or illness was work related. Continue reading

December 31, 2015

Massachusetts Store Fined After Falling Boxes Cause Workplace Injury

by Jeffrey S. Glassman

One of the more common scenarios that results in on-the-job injuries involves objects falling on an employee. In some cases, were are dealing with merchandise or supplies placed precariously on high shelves, and, in other cases, improperly installed shelves or retail fixtures have collapsed on workers causing serious injuries, including head trauma.

According to a recent report from the United States Occupational Safety and Health Administration (OSHA), a large furniture chain store in Danvers, Massachusetts is responsible for an employee being seriously injured when boxes full of patio furniture fell on him. Continue reading

December 30, 2015

New OSHA Regulations Could Help Boston Workers Stay Safer in 2016

by Jeffrey S. Glassman

As 2016 approaches, employers and employees should begin looking ahead to how they can make sure next year is one of the safest years on worksites. Workplace accidents continue to kill and injure thousands of workers every single year, but Occupational Safety and Health Administration (OSHA) is continually working to refine safety rules and bring the injury and death rates down.

Safety News Alert reports there are likely to be four new OHSA regulations which will be debuted in early 2016. Employers and employees should watch the results of pending OSHA rule-making to find out what new safety rules will take effect early next year.

December 28, 2015

Armed Robberies Can Lead to OSHA Citations for Employers

by Jeffrey S. Glassman

Violence in the workplace is a major issue year-round, including during the holiday season when financial stress can lead to criminal acts. Employers must be aware of the risks of violence faced by employees and must ensure that they take steps to prevent injuries and deaths from occurring. While employers cannot prevent every single act of violence which occurs, they are required to take reasonable precautions to reduce the chances employees will be victimized by violence.

Preventing Employee Injuries and Fatalities Due to Workplace Violence

Safety BLR reports on a situation where an employer was held responsible by Occupational Safety and Health Administration (OSHA) for a failure to protect workers from threats of violence. OSHA standards do not specifically address the obligation of a company to protect against violent acts, but a failure to provide adequate safeguards can be a violation of the general duty clause. In the case reported on by Safety BLR, it was this standard used to impose liability on an employer and the proposed penalty to be levied against the company was $7,000.

December 20, 2015

Keeping Boston Employees Safe During the Busy Holiday Shopping Season

by Jeffrey S. Glassman

The holiday season brings significant workplace safety risks to employees within the hospitality field and within the retail field. An influx of customers can mean added dangers that leave employees vulnerable. Workers need to be aware of the added risks they face, but ultimately it is employers who are going to be responsible for making sure working conditions are safe no matter what the season brings.

December 18, 2015

Seasonal Temp Workers in Boston Present Workplace Safety Challenges

by Jeffrey S. Glassman

To meet excess demand during the holiday season, many companies need to hire part-time or seasonal workers. The hiring of seasonal help is common in the retail industry and the hospitality industry, but other companies may also bring in extra help as well, including landscape companies hired to do holiday decorations for their customers.

Whenever seasonal workers are hired, these temporary employees often come into the job unfamiliar with workplace safety protocols. This means these employees are at added risk of injury, and their lack of knowledge of safety processes can also endanger all full-time workers on-the-job as well. Employers need to be aware that seasonal temp hires can present added risks of accidents and must take all reasonable steps to reduce the dangers.

December 15, 2015

Protecting Boston Workers from Winter Workplace Injuries

by Jeffrey S. Glassman

Winter weather in the Boston area means new risks for employees, especially workers in fields like construction that require time outdoors as well as employees who must drive on icy roads. Employers need to take precautions to help reduce the chances of winter workplace accidents and employees need to be aware of the added risks they face so they can also be responsible for accident prevention.

December 15, 2015

Municipality of Anchorage v. Stenseth: Workers’ Compensation Benefits

by Jeffrey S. Glassman

Municipality of Anchorage v. Stenseth, a case from the Supreme Court of the State of Alaska, involved claimant who had been injured at work “many years ago.” When claimant filed a request for workers’ compensation benefits, the parties eventually reached an agreement, and the parties agreed employee would waive any future benefits other than medical benefits and that employer would pay employee $37,000.

Claimant retired in 1996 but was still receiving medical benefits in connection with his chronic pain management. However, ten years later, he was charged with multiple felony criminal charges, including selling narcotics. Some of these were prescription painkillers and were somehow related the medicine he was getting as part of his medical benefits. He eventually pleaded guilty to some of charges prosecutors had filed against him, and he spent at least some time in jail. Continue reading