Massachusetts Workers Compensation Lawyers Blog

June 13, 2014

Preventing Deaths and Injuries Within the Restaurant Industry

The restaurant industry is second only to construction in terms of creating summer jobs. As Restaurant News reports, an improving economy means that there will be many more workers hired in eating and drinking places this summer. Nationwide, 2014 is expected to be the second summer on record where at least half-a-million restaurant jobs will be added.

Restaurant jobs can be a great source of income for teens and college students who are off from school. The busy summer season can also present an opportunity for people who have been looking for work to get their foot in the door of the restaurant industry. Unfortunately, this field has some risks for workers and it is essential that the millions who get restaurant jobs follow safety tips to avoid getting hurt at work. Our work injury lawyers have some tips to help workers stay safe and get through to the fall with the minimum risk of injury or death-on-the-job.
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June 10, 2014

Preventing Teen Injuries On-the-Job

by Jeffrey S. Glassman

According to the Bureau of Labor Statistics, the youth labor force grows sharply each year between April and July. While a summer job can provide invaluable experience and open the door to employment upon graduating from high school or college, it can also be risky. Teens are in danger of being hurt or even killed when they work during the summer, especially if they do not receive the proper training.

Our workplace injury lawyers have some tips for teens working this summer to help young people stay safe and reduce the risk of getting hurt on the job.
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June 7, 2014

OSHA Not Effectively Limiting Exposure to Chemicals

by Jeffrey S. Glassman

In Massachusetts, there was one worker killed in 2012 as a result of exposure to harmful substances or a harmful environment on-the-job. As the Bureau of Labor Statistics reports, this death occurred in a year when there were a total of just 33 workplace fatalities, down from 68 in 2011. Exposure to chemicals on-the-job can also cause cancer, birth defects or other serious and sometimes fatal damage.

The Occupational Safety and Health Administration (OSHA) is supposed to protect workers and ensure that they are not exposed to dangerous chemicals in their workplaces. OSHA should do this by identifying hazardous chemicals that are likely to be found on job sites and by setting rules for permissible exposure. Unfortunately, the agency vested with the job of protecting workers is falling far short of fulfilling its duties when it comes to chemical exposure. Workers injured or who become ill as a result of exposure to chemicals should consult with a workplace accident attorney for help making a claim for workers’ compensation benefits.
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June 1, 2014

Women’s Health Week is Important time to Focus on Workplace Safety

by Jeffrey S. Glassman

Women’s Health Week took place from May 12 to May 18 in 2014, and the National Institute for Occupational Safety and Health (NIOSH) took the opportunity to outline some of the safety and health issues that women experience at work. The biggest workplace hazards differ for men and women, but female workers do face significant risks on-the-job.

If you or a loved one is hurt at work, you have legal rights. A Boston workers’ compensation lawyer can represent both men and women injured on the job, as well as surviving family members of those killed in workplace accidents.
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May 30, 2014

It’s Summer Job Season- Do You Know How to Stay Safe?

by Jeffrey S. Glassman

School is ending, the weather is getting warmer and seasonal work is starting in Boston. Restaurant News reports that the construction industry is the nation’s largest creator of summer jobs, and the restaurant industry is the nation’s second largest source of summer employment.

Construction is a dangerous industry, with 19.3 percent of fatalities on-the-job in 2012 occurring in this field. As the Occupational Safety and Health Administration reports, there were 806 deaths among construction workers nationwide out of 4,175 total fatalities. This means that the risk of death is higher in the summers as construction projects ramp up both on roads and also on new buildings and renovations.
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May 27, 2014

Frith v. WSI – Proving Worsening Condition Is Related to Work Injury

by Jeffrey S. Glassman

Compensation for treatment and work-loss due to pre-existing conditions may be available under Massachusetts worker compensation statutes – but only if it can be proven that the condition was substantially worsened or aggravated as a result of a work accident or activity.

Workplace accident attorneys in Boston know that the key is establishing that one’s occupation was a major contributing cause of a pre-existing condition’s progression. Such will be required in order to receive an award of benefits. That means it has to be over 50 percent of the cause.

This is a higher burden of proof than what a worker would face if there was no pre-exsting condition, which requires only that a worker prove the workplace accident or activity was a material cause of injury.
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May 23, 2014

Department of Labor Sues Mass. Company

by Jeffrey S. Glassman

Federal law protects workers against retaliation in the event that they report misconduct, dangerous working conditions, or safety violations that can cause serious or fatal injuries. The U.S. Department of Labor has filed a lawsuit against a Massachusetts company that allegedly fired an employee for filing a safety complaint with OSHA (the Occupational Safety and Health Administration). The Department of Labor investigated the allegations after the firing and had enough evidence to pursue a case against the defendant company for retaliation.

Employers are responsible for ensuring the safety and well-being of employees. In addition to following OSHA policies and federal laws, employers cannot take retaliatory action against employees who wage complaints for safety violations. Our Boston workplace injury lawyers are dedicated to protecting the rights and security of workers throughout Massachusetts. We remain abreast of legal issues and developments that may impact workers’ rights.

The owner of the company denies allegations that he was retaliating against the employee and claims that the employee was fired because of poor performance. Complaints against the employee contend he was driving the truck and that he negatively represented the company and badmouthed the owners when he delivered their orders. The owner also alleges that the he had every reason to fire the employee and that the case is a waste of time.
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May 19, 2014

Third Party Litigation Stemming From Work Injuries

by Jeffrey S. Glassman

Filing a workers’ compensation claim in Boston is typically considered the exclusive remedy an employee has in seeking compensation from his or her employer in the event of occupational injury or disease.

However, that doesn’t mean workers are stripped of all other options. In some situations, third-party litigation may be appropriate. If the accident occurred while you were at work, but as a result of negligence from another person or company, an independent lawsuit for damages might be the best course of action to protect you from damages.

A recent example played out before the Alaska Supreme Court in Conley v. Alaska Communications System Holdings, Inc.. The legal principles presented in the claim mirror many of those that arise in Massachusetts work injury lawsuits.
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May 10, 2014

OSHA: 2014 Heat Injury Prevention Initiative

by Jeffrey S. Glassman

Summer weather and intense working conditions can result in deadly heat-related illnesses.

OSHA has initiated its 2014 heat injury prevention initiative to prevent worker injury caused by heat exposure. The Heat Illness Prevention Campaign is aimed at informing employers and workers about how to prevent heat-related illness and death. As the summer months make heat a working condition of concern in Boston and nationwide, it is important to take into consideration these warnings and to participate in early prevention.

Since beginning the campaign in 2011, OSHA has been able to reach out to more than 7 million employers, workers, and residents, providing valuable resources to prevent heat-related injury. The agency has used its resources to provide information, distribute fact sheets, posters, and host training session to prevent injuries. Our Boston work injury lawyers are dedicated raising awareness and in joining this effort to keep workers safe this summer. Here are some tips for employers and workers to help prevent heat injury:
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May 7, 2014

Staying Safe in Post-Storm Clean-Up

by Jeffrey S. Glassman

Severe storms have torn through the Midwest, the South and the Northeast leaving debris and causing injury and death in some parts of the U.S. This storm season, it is important for workers to stay safe during clean-up efforts. As residents are working to rebuild after the storm, the Occupational Safety and Health Administration is urging workers, employers, and the public to be aware of potential post-storm hazards. As the agency reminds us, clean-up efforts should not result in additional emergency room visits or hospital stays.

According to OSHA, recovery efforts can expose workers to a range of hazards, including falls, electrocution, heavy machinery injuries, and even drowning. Our Boston workplace accident attorneys are dedicated to keeping workers safe and to preventing future accidents and injuries. Our firm is committed to raising awareness and teaming with OSHA to prevent additional injuries during post-storm clean-up efforts. For workers, job duties may involve demolition, debris clean-up, tree trimming, roadway and infrastructure repair, hazardous waste clean-up and emergency response. Here are some tips to help workers stay safe:
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