Massachusetts Workers Compensation Lawyers Blog

January 18, 2016

Pizza Shop Shooting Results in One Worker Dead and Another in Critical Condition

The workers’ compensation system is generally considered an exclusive remedy system. This means that if a worker is eligible to receive workers’ compensation, he or she cannot file a civil lawsuit against his employer. It is important to understand that it does not matter if the employee actually files a workers’ compensation claim, because the test is whether he or she is eligible to file a workers’ compensation claim. This means that a worker cannot choose to a file a civil lawsuit instead of filing a workers’ compensation claim.

However, this does not mean that a worker cannot file a workers’ compensation claim with his or her employer and then file a civil personal injury lawsuit against a third party defendant who actually caused the workplace injury. This is typically the person who caused a car accident that injured an employee while he or she was on the clock, but it can also include a person who attacked a worker and caused serious personal injury or death. Continue reading

January 16, 2016

Boston Construction Workers Seriously Injured in Fall Accident

by Jeffrey S. Glassman

Fall accidents are one of the most common and often one of the most serious types of injuries suffered by employees in the Commonwealth of Massachusetts including the greater Boston area. Under the workers’ compensation system, an employee must file a claim with his or her employer as soon as possible following a fall accident. However, it is also essential that an accident report be generated and filed with the worker’s employer.

This means that all employees who are injured on the job should immediately report an accident to their employers. While some accidents are obviously serious, and your supervisor will be made aware immediately, other accidents may not seem as serious at the time. Continue reading

January 14, 2016

New England Worker Killed When Tire Explodes

by Jeffrey S. Glassman

According to a recent report from the Boston Herald, one worker was killed at a Sears Auto Center when the tire from a large truck exploded and another person was seriously injured. Police responded to the explosion at a local mall just before eight in the morning.

When they arrived on scene, they found a 22-year-old employee at the auto center who was severely injured. First responders provided immediate medical attention and attempted to stabilize him, so he could be transported to a level-one trauma center. Specifically, his injuries were a result of blunt force trauma to the head. EMTs transported the injured worker to the hospital, but doctors were unable to save him, as his injuries were too severe, and he died as a result of the massive head trauma. Continue reading

January 12, 2016

Panoke v. Reef Dev. of Hawaii, Inc.: Workers’ Compensation Appeals

by Jeffrey S. Glassman

Panoke v. Reef Dev. of Hawaii, Inc. is a case from the Supreme Court of Hawaii. Claimant started working as in ironworker during the month of February 2004. He was hired to perform strenuous physical activities. His responsibilities included negotiating scaffolding, carrying buckets that weight more than 50 pounds to the scaffolding, using a jackhammer, and using pulleys to lift heavy items.

On one occasion, he was working for employer on a construction site. He was responsible for assisting with an effort to build a wall with the use of large concrete panels. During the construction, other crewmembers were using pulleys to lift large concrete panels when one of the panels partially broke free from the chains used to hold it, and it swung abruptly to one side. At this point, employee was guiding the panel with his hands from ground level. Continue reading

January 10, 2016

Multiple Injury Fund v. McCauley: Workers’ Compensation Benefits

by Jeffrey S. Glassman

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.