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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. untitled-1428039-m.jpg

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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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.
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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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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.

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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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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. cratesandforklift.jpg

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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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.
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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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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.

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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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Not all debilitating work injuries occur suddenly or are life-threatening. In some cases, injuries that occur over time can be equally devastating.
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Work injury lawyers know the fact is, anyone who suffers any work-related condition has the right to collect benefits.

One of the more common repetitive-motion injuries, particularly for those who work desk jobs, is carpal tunnel syndrome. This is a condition that causes numbness,weakness and tingling and loss of use in the hands, usually caused by a pinched nerve in the wrist. It can result in difficulty gripping items, carrying things, moving the fingers or severe pain in the palm and hands. Those who frequently type, use a cash register or slice, press or push objects without enough rest breaks are going to be especially vulnerable.
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Utility workers face some of the most dangerous working conditions, with falls, electrocution, and other deadly accidents among the daily risks. In a tragic local case, two Bourne utility workers were killed after the boom of a crane supporting them fell to the ground. OSHA is investigating the accident to determine whether safety mechanisms were in place and whether the workers and line company were in compliance with federal regulations. In the event that violations are found, the employer company could face OSHA fines.

According to the Boston Globe, the two workers were only 34-years-old when they lost their lives. They were employed by MassBay Electrical Corp. The electrical company had been contracted to do work on lines for NStar according to a spokesperson for the hiring company. The details of the accident are still unclear as the case is being thoroughly investigated by private and public agencies.
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Chemical dependency treatment can be covered by workers’ compensation benefits under certain circumstances, the Nebraska Supreme Court recently ruled in Kim v. Gen-X Clothing, Inc..
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Workplace injury lawyers recognize that this ruling sets an important precedent, and we hope courts in other jurisdictions will take note as similar cases arise.

While laws regarding workers’ compensation benefits vary from state-to-state, the general underlying principle is that the injury or illness must arise out of the course of employment, or at least have been exacerbated by it.
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Electrical fires and electrocutions are a significant risk to workers in construction, factories, and other industrial jobs. After a decade of effort, the Occupational Safety Health Administration (OSHA) has finally published a rule containing new safety requirements to prevent hazards in the workplace. The rule primarily focuses on developing and sharing safety procedures, minimizing distance to electrical sources, and protective gear. Safety advocates are touting the rule as a significant step in the right direction to keep workplaces free from injury and to protect the lives of workers.
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OSHA is the federal agency charged with making safety rules and ensuing compliance to protect the health and safety of the nation’s workers. The electrical safety rule will be pivotal in establishing safety guidelines and in holding negligent companies accountable in the event of an accident. Our Boston workers’ compensation attorneys are dedicated to protecting the rights of America’s workforce. We are committed to helping injured workers and their loved ones collect rightful benefits in the event of an accident or injury. Our lawyers are also committed to raising awareness and in staying abreast of legal issues and trends that impact worker safety.
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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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