Massachusetts Workers Compensation Lawyers Blog

May 19, 2013

Healthcare Workers at Great Risk of Workplace Injury

When you consider the most dangerous industries to work in, you probably think of construction, mining, oil drilling and other fields where physical labor and heavy machinery combine to create high risk. While it is true that all of these industries can be dangerous, there is also another profession that is very risky that you may not be aware of: the healthcare field.

Our Boston work injury attorneys know that healthcare workers face a number of serious on-the-job risks. Workers in the healthcare field can suffer many different types of injuries, ranging from overexertion injuries to falling victim to violence by those to whom they are providing care.

Healthcare Workers Face Risks

Recently, the plight of some healthcare workers became public knowledge and has been making headlines throughout New England as a result of an attack on a staff member at Riverview Psychiatric Hospital. According to The Kennebec Journal, a staff member at the hospital was assaulted by a patient and suffered injury as a result. The staff member was apparently stabbed repeatedly by a patient who had a history of violence.

The attack raised concerns that the hospital is understaffed and that the security measures in place were not sufficient to protect workers from unstable patients. In response to the attack, security has been improved, but there still remain concerns about whether there are enough people working at the facility to control the dangerous patients who live there.

Of course, it would be easy to argue that workers take the risk of being hurt by violent, unstable patients when they go to work in a psychiatric hospital. Yet, these workers are not the only ones who are in danger of being subject to violent attacks by patients. Anyone who routinely provides care to potentially unstable members of the public could be at risk, including emergency room or hospital staff. Nursing home workers are also in danger of being the victims of acts by violent patients, especially if those nursing home workers work with elderly adults suffering from Alzheimer’s or dementia whose behavior might become out of control due to their cognitive impairments.

Violence in the workplace causes serious injuries and fatalities among healthcare workers and it is imperative that every facility take steps to protect employees and to minimize the dangers of an assault occurring. Having adequate staff and having security procedures in place are both ways to help ensure that staff members have the protections they need.

Workplace violence is not the only risk faced by healthcare workers, either. Other top causes of workplace injury in this field include repetitive stress or overexertion injuries from lifting and moving patients and infection due to exposure to blood or bodily fluids from patients who are ill. Needle pricks or sticks can spread viruses and germs and are, unfortunately, not always preventable even when healthcare staff exercise care in performing tasks.

It is the obligation of employers to do everything possible to minimize these and other risks faced by those in the healthcare industry.
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May 15, 2013

Boston Workplace Dangers Highlighted, Part 2

by Jeffrey S. Glassman

In this second of our two-part series detailing worker deaths and injuries in Massachusetts, our Boston workers’ compensation attorneys want to focus on the specific dangers, as well as what kinds of measures might be implemented to curb future tragedies.

The report, Dying for Work in Massachusetts, reveals that of the 32 worker deaths reported last year, falls accounted for a huge portion – particularly in the construction industry.

One of those described was a a 49-year-old painter from Lowell. He had hoisted a 2.5-gallon bucket of paint as he stood two stories above the ground on a ladder. The ladder shifted. He plummeted 20 feet to the ground and died.

Falls accounted for six worker deaths in Massachusetts last year, and since 2008, they have been the cause of more than half of all construction industry injuries and deaths.

Cancer was another major workplace danger, with firefighters in particular at risk. The carcinogens released from toxic, burning material undoubtedly contributed. We are also continuing to see diagnoses handed down for mesothelioma, resulting from asbestos exposure suffered years ago by shipfitters, electricians, auto manufacturers, construction crews and others.

Drowning and/or being lost at sea continues to be a big problem in Massachusetts, as the area relies so heavily on the fishing and marine industry. This resulted in four deaths last year.

Tree care also is an extremely dangerous occupation, resulting in three deaths in 2012. One of those was the owner of a Christmas tree fall, who was killed while taking down a maple tree on his own property. The tree reportedly fell the wrong way at the base, and he was unable to escape the impact. Often, the cause of arbor-related deaths are falls, but dangerous or malfunctioning equipment has also been a significant concern for those in this industry.

One occupation for which we saw a sudden spike in danger was school crossing guard. The report indicated that over the last four years, two Massachusetts school crossing guards have been killed and nine others injured, after being struck by vehicles. Part of the problem is that crosswalks reportedly aren’t well-maintained, but also, motorists have a general disregard for the authority of these individuals carrying out this essential function to ensure our children come home safely.

The bigger problem, which could be applied to all workplaces, is that the U.S. Occupational Safety & Health Administration, is underfunded and understaffed and is bound by an outdated law that slows their findings and caps their penalties.

For example, the report indicates that if each regional OSHA were to inspect every workplace in its district, it would take 140 years – just in Massachusetts.

What’s more, the average fine for employers whose negligence resulted in worker death was just $9,500.

Out of those 32 worker deaths, just five of those investigations have thus far been closed with a penalty. All except one of those resulted in a fine that was $12,000 or less.

Many workplaces calculate that it’s cheaper to pay the fines resulting from worker injuries or deaths than to comply with appropriate safety standards to prevent these scenarios from happening in the first place.

Sadly, they’re right.
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May 13, 2013

Boston Workplace Dangers Highlighted, Part 1

by Jeffrey S. Glassman

People in Boston are “Dying for Work” according to a new report released by a coalition of union organizations and employee advocates, detailing the various dangers posing a threat to worker safety throughout Massachusetts.

In the first of this two-part series, Boston workers’ compensation attorneys will be exploring some of the more serious risks outlined in the report.

The report, “2013 Dying for Work in Massachusetts: The Loss of Life and Limb in Massachusetts Workplaces,” was compiled by the Massachusetts AFL-CIO, which is the umbrella organization that represents some 750 local unions, as well as the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and the Western Massachusetts Coalition for Occupational Safety and Health (Western MassCOSH). The goal was to highlight the fact that work continues to be a hazardous place for the people of Massachusetts.

In 2012, there were 32 people killed in this state on the job. Most of those suffered fatal injuries while at work, but there were also seven firefighters who died from heart disease and cancer that has been traced back to work.

While we often hear so much about work dangers that cause immediate maiming or injury, we tend to talk less about a more prevalent problem: occupational disease. An estimated 320 workers in Massachusetts last year died of an occupational disease. Further, the authors of this study say that conservatively, another 1,800 workers were diagnosed with a form of cancer that was caused by exposure to some toxin at work. Another 50,000 Massachusetts workers were believed to have suffered serious injury last year as a result of workplace toxin exposure.

Over the past 25 years, the number of worker deaths throughout the state has seen a marked fluctuation. For example, there were 91 fatalities reported in 1999. Then in 2002, there were 49 worker deaths. The following year, there were 81. Then there were 58 in 2011 and 32 last year.

While we tend to think of young workers as being the most vulnerable on the job, the average age of Massachusetts workers killed last year was 50, though it ranged from those as young as 19 to those as old as 73. More than half of workplace fatalities involved someone 50 or older. Another 30 percent were between the ages of 40 and 49.

Unsurprisingly, one of the most dangerous occupations in the state was construction. It accounted for 6 of the 32 job fatalities, or 19 percent. Another dangerous job was fisher and boat captain, four of whom died at work last year, accounting for 13 percent. It’s worth noting that over the last dozen years, fishermen and lobstermen have suffered the most work-related deaths of any other occupation in the state, with nearly 60 dying over the course of the last 12 years. Firefighters suffered the highest portion of fatalities last year, with 7 suffering line of duty deaths, accounting for 22 percent of the total. All of those deaths were attributable to heart disease or cancer.

The causes of death varied, but generally, it could be broken down into one of five categories: Cancers/illnesses, transportation and motor vehicle incidents, falls, commercial fishing and workplace violence.

Part 2 of our series will delve a bit deeper into the exact circumstances surrounding these tragedies, and what might be done in the future to promote prevention.
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May 10, 2013

Workers’ Compensation Survey Reveals Employer Priorities on Workers’ Compensation Issues

by Jeffrey S. Glassman

Recently, Zywave completed its 2013 P&C Workers’ Compensation & Safety Survey. More than 3,100 participants responded to the survey, which asked employers what their primary concerns were about workers’ compensation issues. These results showed that employers are primarily focused on cost control after accidents.

Unfortunately, our Boston workers’ compensation attorneys know that cost-control efforts can sometimes come at the expense of workers. When an employer or insurer is primarily focused on keeping costs down, this means that the employer or insurer wants to pay the minimum in benefits. Workers who are injured on the job, on the other hand, want to ensure that they get the full compensation possible so they can have their bills and losses covered and be able to receive sufficient income if their work injuries have left them disabled.

Employers Primarily Concerned About Cost Control

According to Zywave, employers were asked to rate their level of concern about many different issues related to workers’ compensation matter. The study revealed that:

53 percent of employers described cost control after accidents as something they were either “very” or “somewhat” concerned about. More employers expressed strong concern for cost control than about any other topics.
50 percent of employers indicated that risk control is something they are “very” or “somewhat” concerned about. Risk control is the insurance industry term used here to describe accident prevention. In other words, fewer employers expressed strong concern about accident prevention than about cost containment.
Only 23 percent of employers indicated they were very or somewhat concerned about workplace violence.

While this could mean that employers simply don’t see workplace violence or accident prevention as big issues within their industry, the fact is that workers are at risk from accidents and assaults in almost every profession. Employers should be very or somewhat concerned about these issues and should focus seriously on keeping workers safe.

Ensuring Workers’ Get the Benefits They Need

The high percentage of employers who expressed concerns about cost control underscores the need to ensure that workers are getting the benefits that they deserve. Although employers can and should focus on the bottom line, this focus should never come at the expense of protecting employees who are hurt on the job. Employers buy workers’ compensation insurance specifically to ensure that costs and losses are covered and insurance should pay out the full benefits a worker needs and is entitled to receive.

If you were injured at work and you believe that your benefits are being unfairly limited or stopped too early, it is important to get help from a work injury lawyer to protect your rights. Employers, on the other hand, should remember that the very best way to control work injury costs is to prevent work injuries from happening in the first place.
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May 10, 2013

Factory Deaths Abroad Highlight Work Safety Concerns in MA

by Jeffrey S. Glassman

A wide range of government leaders, investors, religious organizations and worker safety advocates are urging action from large clothing manufacturers such as Walmart, Gap and Benetton if more isn’t done to bolster working conditions in garment factories overseas.

Our Boston workers’ compensation lawyers know that the outrage stems from the collapse of an eight-story factory building, where clothing destined for the U.S. was being manufactured. The death toll has reached well over 1,000 at this point, with the dramatic and heart-wrenching rescue of one woman 17 days after the tragedy making headlines worldwide.

While many here in the U.S. see worker advocacy as something that is not always a high priority, situations like this should give us all pause. This is the kind of thing that can happen when we place our trust in corporations to prioritize worker safety.

Yes, this happened in a foreign country, but they are U.S. companies that clearly know better. They are held to a different standard for their workers in the U.S. – which is precisely why they seek to set up operations in foreign countries, where the workplace safety requirements are far more lax and expenses are therefore much cheaper. In the end, as in so many other workplace tragedies, we see once again that greed trumps safety.

It’s encouraging to see that nearly 1 million signatures have already been collected on a petition urging Gap and H&M to sign commitments to improve fire safety plans in other Bangladesh factories. Additionally, religious groups controlling some $100 billion in assets have collectively penned a letter expressing displeasure with U.S. retailers on this front.

There are nearly 3 million garment workers employed by U.S. companies in Bangladesh, and not nearly enough is being done to protect them. The government of Bangladesh is being accused of working together with these large corporations to suppress labor unions, curb worker rights and diminish safety standards.

The country has the lowest minimum wage in the world, at $37 monthly.

We wish it hadn’t taken such a significant loss of life to gain the attention of the international community on this issue. Up until now, the primary voice of advocacy had come from non-governmental organizations, who hold little power in the marketplace.

The incident occurred just two months after a fire in another Bangladesh factory killed 112 workers.

At the same time, it highlights the importance of prioritizing and investing in worker safety standards and rights domestically.

In Massachusetts last year, 32 workers were killed on the job. Another 320 passed away from an occupational disease. Another 1,800 were diagnosed with an occupational disease and 50,000 more sere seriously injured.

If we think a tragedy like Bangladesh is too distant, let us not forget the recent fertilizer plant explosion in Texas, the oil rig blasts off the Gulf of Mexico and the mine deaths in West Virginia.

We should do better. We can do better.
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May 7, 2013

Protecting Temporary Workers in Massachusetts

by Jeffrey S. Glassman

Just because you’re not a permanent worker doesn’t mean that you don’t have the same rights. And now, officials with the Occupational Safety and Health Administration (OSHA) are going to work harder to make sure that you’re getting the same opportunities and protection.

Recently, OSHA officials announced an initiative to further protect temporary employees from workplace hazards. This announcement came with perfect timing, too — at the annual Workers’ Memorial Day event. This event is used to honor employees who were killed on the job and to help to renew a commitment to making work sites across the nation safer. So if you’re a contracted worker, listen up. There are some things you have to know — and your safety relies on it.

Our Quincy workers’ compensation lawyers understand that temporary workers have the same rights as permanent workers. They should be provided with the same safety equipment, the same training and the same rights as everyone else. Now, OSHA officials are working to make sure that’s the case. Officials with OSHA will now be using a new code to help to determine when temporary workers are exposed to unnecessary dangers and various health violations.

It’s not only important that these workers are getting the proper training, but it’s important that they’re getting it in a language that they can understand.

Each year, there are thousands who are killed on the job. Unfortunately, many of these fatalities were of temporary workers. Many of these fatal accidents could be prevented if workers to take the proper safety precautions to stop the dangers before they arise.

“Workers must be safe, whether they’ve been on the job for one day or for 25 years,” said Dr. David Michaels with OSHA.

In addition to this new code, officials have started working alongside the American Staffing Association and companies that use these kinds of agencies for workers. By teaming up with these programs and companies, they’re trying to help to make sure that temporary workers are taken care of on the job.

This partnership was sparked after a number of reports and accidents in recent months involving temporary workers. Many of these reports involved fatalities. A lot of them even happened during the worker’s first day on the job. With these reports, many citations followed. But the problem here is that we need to get to the root of the problem before it strikes.

According to the Bureau of Labor Statistics, more than 10 percent of worker fatalities recorded in 2011 were of contracted workers.

If you’re a temporary worker, you have rights! If you feel like you’re being short-changed on the job and your safety is a risk, don’t be afraid to speak up. If you need more help, more training or more safety equipment, it’s your right to have it. Talk with your employer about your needs and help to ensure a safe work day.
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May 4, 2013

Massachusetts Construction Accident Kills 1, Injures 2

by Jeffrey S. Glassman

A 56-year-old was killed in a recent work accident at the Massachusetts Department of Transportation (MassDOT). According to Mass Live, two others were injured in this Massachusetts construction accident.

According to Northwestern District Attorney David E. Sullivan, the accident happened just after 9:30 a.m. The 9-1-1 call indicated that there were three workers who were pinned under two modular trailers. These trailers were being used as office space while construction crews were adding to the building. Officials have not been able to determine why the workers were near the modular trailers. Although one died, officials were able to free the other workers with a large crane.

Our Boston workers’ compensation lawyers understand that there were move than 50 responders called to the accident. It took more than three hours to address the situation. But was there something that could have been done differently to save these workers? That’s a question we’re constantly pondering. In 2011, there were close to 800 workers who were killed in the industry, according to the Bureau of Labor Statistics (BLS).

With state partners, officials with the Occupational Safety and Health Administration (OSHA) have just over 2,000 inspectors responsible for the health and safety of 130 million workers, employed at more than 8 million work sites around the nation. These workers are in charge of helping to keep you safe on the job. But is that enough? When you break these numbers down, that means that there is roughly one compliance officer for every 59,000 workers.

According to the United States Department of Labors, there were close to 5,000 workers killed on the job in 2011. We believe that many of these accidents could have been prevented if employers took more time and initiative to focus on safety.

Construction is a high hazard industry that comprises a wide range of activities. Examples include residential construction, bridge erection, roadway paving, excavations, demolitions, and large scale painting jobs. It’s these workers who engage in many jobs that may expose them to serious hazards, such as falling from rooftops, unguarded machinery, being struck by heavy construction equipment, asbestos, electrocutions and silica dust. To name just a few.

It’s the employer’s responsibility to make sure that workers are well prepared for these kinds of risks. They’ve got to make sure that employers are provided with all of the necessary safety equipment they need to complete the job safely, and they’ve got to make sure that each worker is properly trained in the duties they’re required to complete on the job. If you’re not receiving any of these materials or training, you have a right to speak up!
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May 1, 2013

Industrial Accident Injuries Don’t Get Much Press, But are Very Serious

by Jeffrey S. Glassman

When the tragic bombing occurred at the Boston Marathon, the news was full of the carnage that the bombs wrought on victims. The serious injuries sustained by spectators and runners were highlighted in many reports and everyone rightfully rallied around those who had been hurt, donating blood and setting up funds to raise money.

These actions were the actions of a city coming together to restore hope and they reflect everything that is right about America. What wasn’t widely reported, however, is that injuries similar to those suffered by victims of the bomb blast happen every day in the world. Our Boston injury attorneys know that injuries of these types are common in industrial accidents, which tend to happen quietly behind the scenes often with minimal press attention.

Industrial Accident Injuries Similar to Bombing Injuries

One news station, NBC Philadelphia, did take note of the unspoken truth that industrial workers suffer grave harm on a routine basis as a result of accidents that occur in chemical plans and other dangerous workplaces.

As reported by NBC Philadelphia, the force of the blasts caused by the bombs at the Boston Marathon is very similar to the force of a blast when there is an explosion at a chemical plant. In chemical plant explosions, the workers who are doing gas work or who are doing work on high pressure piping are often seriously injured or killed as a result of the tremendous force. Like those victimized by the Boston bombers, these workers may lose their limbs or lose their lives as a result.

The Consequences of Injuries from High-Velocity Explosions
When an amputation occurs as a result of a high-velocity explosion, whether from a bomb or from an industrial accident, there is a very lengthy recovery period. Doctors first need to stabilize the person who suffered the injuries and need to clean and close the wound in order to prevent an infection from developing.

The wounds must then be given time to heal before any further rehabilitation interventions are possible. Those who receive prosthetic limbs to replace the limbs that are lost will typically have to wait for at least three weeks before the wound is healed enough to begin fittings for the prosthesis. After this, adjustments must be made to ensure that the prosthesis is comfortable and that it fits well.

The process of learning to use the prosthesis is also a lengthy one. In many cases, rehabilitation becomes necessary and can last for six months or longer. Ideally, at the end of this process, the injured individual will be able to use the prosthetic limb just as he or she would use a natural limb. Over time, however, the prosthesis may need to be replaced with repeat surgeries and additional medical interventions.

Industrial Accident Victims Recover in Silence
Tragically, the victims of the Boston marathon will now need to endure the recovery process. The press and public are likely to focus on the aftermath and the recovery of those who were injured in this horrific event, which is a type of follow-up coverage that industrial accidents rarely get.

When an industrial accident quietly happens behind the scenes, only those affected will usually know about what occurred. The injured workers will need to turn to workers’ compensation benefits to have their costs covered and they will go through the arduous recovery process with little attention or support from strangers. The industrial accident is just another workplace accident that will be forgotten by all except those whose lives are changed by the injuries they endured.
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April 30, 2013

OHSA Cites Nuway Tobacco for Safety Violations

by Jeffrey S. Glassman

Our Boston work injury attorneys know that OSHA is responsible for inspecting workplaces, responding to complaints about safety violations and ensuring that workers are protected on the job. Recently, as part of its effort to protect workers, OSHA cited the Nuway Tobacco Co.

Nuway Tobacco Co. was cited for a total of 22 alleged serious violations. The violations occurred at the company’s South Windsor manufacturing facility. Because of the numerous violations and the severity of the violations, Nuway Tobacco is facing proposed fines of $59,869.00.

Nuway Tobacco Violates Safety Rules and Regulations

OSHA identified a number of violations of safe workplace requirements when conducting an inspection of Nuway’s South Windsor manufacturing facility. These violations included:

Combustible tobacco dust generated from the manufacturing process. Workers were being exposed to this dust. In fact, there was a layer of dust up to one inch thick on a variety of surfaces including light fixtures, ducts, pipes and electrical enclosures. This dust presents a risk of fire and explosion, but workers were not being protected.
Lack of equipment to prevent the spread of fires and explosions caused by dust. Typically, there should be equipment to remove combustible dust from the air or at least to contain it and stop the spread. Sprinklers and explosion vents are just two examples of equipment that can help, but Nuway had neither. Unfortunately, the processing system at Nuway’s facility allowed for the dust to escape and build up outside of the normal work area.
An absence of interlock and isolation systems in the processing machinery. These systems need to be in place in order to prevent fires from spreading.
Missing guardrails. This put workers at risk of falling, which is one of the top causes of workplace injuries.
Unguarded moving machine parts. Workers could become caught in the machines, potentially suffering crushing and amputation injuries.
Exposed wiring. This creates a risk of electrocution for workers.
Inadequate training. Workers without training are more likely to injure themselves or others while performing their jobs.
An absence of protective equipment. Workers must be provided with appropriate protective equipment for their work environment.

There were a significant number of violations, many of which were considered to be serious violations since they had the potential to result in death or serious physical harm. The number and severity of the violations explains why the fines are so large against Nuway Tobacco Co.

Following OSHA’s citing of Nuway, the company has 15 days to contest the citations and penalties or to comply with OSHA requirements and fix the problems in their factory. Hopefully, now that OSHA has highlighted these problems and the grave dangers that the safety violations cause to workers, Nuway will institute solutions that help to keep their workers safe.

Employers need to follow OSHA guidelines to the letter and need to ensure that they are doing everything possible to maintain a working environment with minimal risks. This is true not just to avoid large fines, but also to protect the workers who keep the company running.
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April 26, 2013

Tragic Texas Fertilizer Plant Explosion Raises Questions about Safety Violations

by Jeffrey S. Glassman

On April 17, the fertilizer plant owned by West Fertilizer Company exploded in a fiery ball of flames. The plant was destroyed, along with 75 homes nearby, which were also demolished by the force of the blast. A nursing home, an apartment complex and a nearby school were also damaged. The property loss, however, was not the worst consequence of the accident. At least 14 people were killed, including a plant employee and several firefighters. Hundreds more sustained serious injury.

Following the deadly explosion, many questions were raised about just how such a tragedy could have occurred. Our Boston industrial accident attorneys know there are strict regulations in place for fertilizer plants to ensure that the plants are safe and the risk of explosion is minimized. However, as the New York Times pointed out in a recent article, this fertilizer plant fell through the cracks of regulatory oversight with devastating consequences.

Absence of Oversight Leads to Deadly Explosion

Fertilizer plants are inherently dangerous places. Fertilizer is largely made up of ammonium nitrate, a nitrogen-rich chemical that resembles table salt and that is popular with farmers for fertilizing crops. Unfortunately, ammonium nitrate is extremely combustible. In fact, Timothy McVeigh used ammonium nitrate in the Oklahoma City bombing that took place in 1995.

The West Fertilizer Company plant had this ammonium nitrate present in the plant and it was the ammonium nitrate that caused the serious explosion to occur. However, although more than a week has passed since the explosion, the New York Times points out that investigators did not know how much ammonium nitrate had been stored at the plant nor whether the nitrate had been stored in a safe manner. While there is supposed to be some regulation of ammonium nitrate, it also remains unclear which state, federal or local agencies may have been informed of the presence of the ammonium nitrate.

With the government agencies unsure of who was supposed to be regulating the plant, it is pretty clear that no one was actually monitoring it. Thus, although there were laws on the local level, the state level and the federal level to ensure safety, no one was enforcing those laws and the plant owners were likely not living up to them. As one federal official quoted in the Times said: “The whole thing may have fallen through a number of regulatory cracks.”

The fact that a dangerous fertilizer plant with an explosive chemical fell through the cracks is something that should be worrying to every consumer and every business owner alike. If even this dangerous business with highly explosive materials could fall through the cracks, there is no telling how many other potential dangerous worksites are out there just waiting for something to go wrong.

A lack of regulatory oversight and guidance could lead to another disaster, like the explosion in West Texas. A failure to enforce safety laws could also do damage on a smaller but no less severe scale as individual workers at dangerous workplaces throughout the country fall victim to injury due to unsafe working conditions.

Avoiding this unfortunate fate is essential. Not only should government authorities vow to do better when it comes to enforcing regulations in the future, but employers should also take it upon themselves to ensure that they are not putting their workers or the community at large in a dangerous situation.
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