Massachusetts Workers Compensation Lawyers Blog

January 2, 2014

Carbone’s Case: Car Accidents and Workers’ Compensation

Workers compensation benefits entitles employees to collect compensation while injured in the course of performing work-related duties. Under workers’ compensation law, victims do not have to prove liability or negligence and can even collect if they are partially or fully responsible for the accident. One question that comes up frequently in workers’ compensation law is whether or not employees can collect workers’ compensation if they were involved in a car accident while commuting to work or performing work-related duties in a vehicle. Delivery drivers, truck drivers, sales representatives and other individuals who must drive for work are often victims of car accident injuries.

In a recent case the Massachusetts Appeals Court held that a manager was entitled to collect workers’ compensation benefits after he was involved in a car accident on his way to work. Our workers’ compensation attorneys are dedicated to helping employees collect the benefits they are entitled to after an accident or injury. While collecting workers’ compensation does not involve proving fault, many victims may face challenges when presenting their case. Our attorneys are dedicated to helping workers collect and prepare necessary documentation to ensure compensation in an effective and timely manner.
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December 30, 2013

Boston Industrial Fatality and Dangerous Conditions for Immigrants

by Jeffrey S. Glassman

Industrial workers face a number of dangers on the job. While OSHA and state safety departments work to ensure safe conditions, there continue to be serious and fatal industrial site accidents. Earlier this month, a Boston worker was killed in an industrial accident after he was struck by a 12,000-pound steel beam. The tragedy highlights the reality that industrial and immigrant workers face dangerous working conditions and are at risk of injury and death, especially in the event of safety violations.

Workers who are injured on the job and families who have lost a loved one in a work-related accident are entitled to workers’ compensation benefits. Our Boston workers’ compensation attorneys are dedicated to helping victims quickly and effectively recover the full compensation they deserve after an accident. We also stay abreast of work-related accident cases in our community and want to keep both employees and employers informed to prevent future injury and wrongful death.
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December 26, 2013

Working Drivers Urged to Hang Up Behind The Wheel

by Jeffrey S. Glassman

Our roadways are getting busier and busier by the day, and commercial vehicles are on the homestretch with their holiday deliveries. But with this increase in holiday traffic and increase in commercial vehicle traffic, we’re seeing a significant and serious increase in the risks for on-the-job car accidents.

According to the Occupational Safety and Health Administration (OSHA), there were more than 3,000 people killed and another 420,000 injured in distracted driving car accidents in 2010 in the U.S. Many workers are required to stay connected with their employers during long delivery routes, but on the phone and behind the wheel is no time to stay connected. When commercial drivers use the phone behind the wheel, their reaction time is delayed. As a matter of fact, their reaction time is equivalent to that of a driver who is legally drunk.

Our workers’ compensation lawyers understand that more workers are killed each year in motor-vehicle accidents than any other cause. And businesses can help to solve this big problem. The U.S. Department of Transportation’s (USDOT) has launched a campaign to help address distracted driving among working drivers. But is it effective without employer enforcement? This campaign is against distracted driving and is a multi-modal effort that includes automobiles, trains, planes, and commercial vehicles. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.
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December 22, 2013

Massachusetts Teens and Seasonal Employment

by Jeffrey S. Glassman

With the holiday season, younger members of our family are enjoying time away from school and many of them are picking up seasonal positions at some of our local businesses to earn some extra money. During this time, it’s important to remind these young workers that they have rights on the job and their employer has the responsibility to provide a safe workplace. It’s also important to make sure that they follow the limits and regulations regarding what these workers can do on the job.

Before your teen heads out for holiday work, make sure you discuss their rights to help them to ensure safe seasonal employment.

Our Boston workers’ compensation lawyers understand that not only must employers provide a safe workplace and comply with OSHA standards to prevent injuries and illnesses, but they’re also required to train new workers on job hazards and safe work practices in a language they understand. Employers must also pay for most types of required safety gear. Although employment of teens provides many benefits, the potential for serious injury and death must not be ignored or denied. Teenage workers are killed or seriously injured at work each year. Employers, teens and parents must increase their awareness of the laws governing child labor and take a proactive approach to ensure all teens are afforded the right to work safely, according to the U.S. Department of Labor’s Young Workers site.
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December 19, 2013

East Boston Construction Worker Killed in Recent Accident

by Jeffrey S. Glassman

In a recent East Boston work accident, a man was killed by a 12,000-pound beam. According to the Boston Globe, the beat fell onto the man at Boston Bridge & Steel Inc., located on Marginal Street just after 6:00 p.m. He was pronounced dead at the scene.

“A large piece in an arch shape shifted on the worker, trapping him underneath,” said Steve MacDonald, a spokesman for the Boston Fire Department.

Our workers’ compensation lawyers in Massachusetts note officials have concluded there was no foul play involved in this accident, but that doesn’t mean there was nothing that could have been done to prevent it. We also understand that this is the second accident involve an industrial worker death in five days in the city of Boston. Just days before, another was killed at a Downtown Crossing work site. This worker was serious injured by a scissor lift at roughly 2:00 p.m. and later died of the injuries.
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December 16, 2013

Medford Post Office Cited for Employee Death

by Jeffrey S. Glassman

After a U.S. Postal Service worker was killed in a heat-related accident, officials with the Occupational Safety and Health Administration (OSHA) are taking action. The accident happened to a letter carrier from the Medford office at the Forest Street post.

The accident happened back in July when the worker was walking his route for about 5 hours in the 90+ degree weather. At that time, the heat index was at roughly 100 degrees. He was carrying a 35-pound mail bag. On that day, officials with the National Weather Service had issued a heat advisory for the area. The service worker died the next day from heat stroke.

Our Medford workers’ compensation attorneys understand that heat-related illnesses, injuries and deaths can be prevented with the proper knowledge of the condition. All workers and employers should be able to recognize the symptoms of heat-related stress and also how to respond to the problem. In this Medford accident, the Postal Service knew of a heat warning in the area, but did not relay the information to its carriers. If they would have passed on this information, precautions could have been made and this death could have been prevented.
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December 12, 2013

Chemical Standards Critical to Protecting Employees from Exposure Injuries

by Jeffrey S. Glassman

Officials with the Occupational Safety and Health Administration (OSHA) recently announced a request for information seeking public comment on potential revisions to its Process Safety Management standard and related standards. The government agency is also looking for input regarding other policy options to prevent major chemical incidents.

The RFI comes as a response to executive order 13650. This order looks to improve chemical facility security and safety. It was issued in the wake of the April 2013 West, Texas, tragedy that killed close to 20 workers in an ammonium nitrate explosion.

Our Boston workers’ compensation lawyers understand that there are as many as 100,000 deaths and 390,000 injuries each every year as a result of exposure to toxic chemicals in the workplace. If there are toxic chemicals, wherever they may be, officials with OSHA regulate how they should be handled and in what quantities they are allowed. Unfortunately, employers aren’t always on the same page. The five main components of the OSHA’s Hazard Communication (Hazcom) standard are hazard evaluation, a written hazard communication program, material safety data sheets (MSDS), labeling and other hazard warnings, and employee information and training.
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December 10, 2013

Employee Whistleblower Complaints and Worker Rights in Massachusetts

by Jeffrey S. Glassman

If you witness a problem at your place of employment and you feel like you’ve been treated unfairly, there’s a new and easier way for you to report it. According to officials with the Occupational Safety and Health Administration (OSHA), you can now file complaints online. This online form is going to allow workers who have been retaliated against in any way to reach out and get help from officials with OSHA.

“The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers’ most essential protections,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

Our Boston workers’ compensation lawyers understand that whistleblower laws are in place not only to protect our nation’s employees, but to also protect the public at large. Before, employees across the nation could only file a complaint to OSHA by writing in or calling their hotline. Now they can file a whistleblower complaint online.
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December 4, 2013

OSHA Lists Top Workplace Violations of 2013

by Jeffrey S. Glassman

Officials with the Occupational Safety and Health Administration (OSHA) recently released their list of the most frequently cited violations across the nation. According to Safety and Health Magazine, citations regarding fall protection were the most common throughout the year. More than 8,200 of these citations were issued, which serves as about 1,000 more than last year.

In second, hazardous communication. The Hazard Communication Standard (HCS) is now aligned with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This occupational safety and health standard is intended to address comprehensively the issue of classifying the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees, and to preempt any legislative or regulatory enactments of a state, or political subdivision of a state, pertaining to this subject. There were more than 6,100 citations issued for violating this standard in workplaces across the U.S.

Our workers’ compensation lawyers in Massachusetts understand there are very strict guidelines in place. Unfortunately, companies and employers don’t always follow these guidelines and standards and, in turn, risk the safety and health of their employees. Employees are required to provide a workplace free from serious recognized hazards and to comply with standards, rules and regulations issued under the OSH Act, according to the United States Department of Labor (DOL).
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December 1, 2013

Fencing Company Fined for Endangering Massachusetts Employees

by Jeffrey S. Glassman

Officials with the Occupational Safety and Health Administration (OSHA) recently cited a Massachusetts fencing company more than $82,000 in fines for 14 serious and repeat violations for putting workers’ safety and health in jeopardy. The Richmond Hill-based company was fined for dangerous work conditions observed at its Marlborough, Massachusetts location. Officials with OSHA’s Andover Area Office kicked of an inspection into the location following a July complaint.

“These conditions exposed workers to struck-by and crushing injuries, electric shock, laceration hazards, being caught in operating machinery, hearing loss and exposure to hazardous chemicals,” said Jeffrey A. Erskine with OSHA.

Our Marlborough workers’ compensation lawyers understand that this wasn’t the only problem that OSHA officials have had with the company. Earlier in the year, the company’s Wingdale, N.Y. plant was cited with some of the same violations. These violations included lack of blade guards and anti-kickback devices, table saws lacking blade guards and a violation for a table saw that lacked proper electrical grounding. With these New York violations, the company was cited more than $35,000 in fines. And many of these were repeat violations, meaning that the company was already cited for the problems at least once in the last five years.
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