Massachusetts Workers Compensation Lawyers Blog

April 12, 2013

Low Wage Workers Deserve a Safe Work Environment

Truth-Out.org, a 501(C)(3) nonprofit with a progressive focus, recently published an article taking a look at legislation across the states to undermine the rights of workers. The article discussed a so-called war on workplace rights targeted at low-wage workers.

This article was published shortly another story in February of 2013 on EHS Today addressing the plight of low wage workers who get hurt on the job.

Unfortunately, as these and many other recent news stories show, workers are currently struggling and losing the battle to secure reasonable working conditions. In addition to attacks on minimum wage and the right to form unions, these workers also deal with the grim reality every day that their employers prioritize profits over people. Our Boston workplace injury attorneys know that this profit-focused mindset may also result in employers creating an unsafe work environment, putting workers at greater risk of the serious injuries that would cause them such financial harm.

Low Wage Workers Deserve a Safe Work Environment
Low wage workers work in many different industries, but one of the most notorious is the fast food industry. Fast food jobs are known to present many risks, including the dangers of inhaling emissions at the drive-thru window; cutting or burning yourself; or injuring your body through heavy lifting or repetitive movements. Unfortunately, workers in these jobs often have limited incomes, may not make enough to get medical help to take care of themselves, and usually don’t get paid sick leave.

The tough working conditions have, according to MSN, sent some workers into the streets to protest their low wages and to demand a living wage. The workers have expressed that they are “sick and tired of being sick and tired,” and believe that they should be making $15 per hour for the work performed.

While protesting wages may be the immediate focus of the workers, however, the recent EHS Report identified another big problem that these workers face: the losses that they would endure if they get hurt while they work. According to EHS, injuries and illnesses among low-wage workers cost more than $39 billion in 2010, in part because these workers have no paid sick leave and thus lose money when they stay home and miss work to recover from a work-related illness. These workers could struggle to buy groceries and pay rent due to an injury that causes even a day or two of missed work.

This should not be the case. Employers need to ensure that they are not leaving low-wage workers to work in a job that puts them at risk of being hurt. Workers should have the proper training to do their jobs successfully and the work environment should be maintained so as to avoid the risk of injury occurring.

If and when a workplace injury happens, the workers shouldn’t have to fear that they won’t be able to pay their bills but should instead understand that workers’ comp covers their costs. Many lower wage workers may be unaware of their right to make a workers’ compensation claim or may not understand the process and it is imperative that these workers are informed of their rights so a workplace injury doesn’t cripple their fragile economic state.
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April 8, 2013

Increase in Teen Summer Jobs Raises Concerns about Workplace Safety

by Jeffrey S. Glassman

In recent years, teenagers have had a tough time finding summer employment while off from school because of a tight job market. According to NBC News, however, this may be less of a problem this summer as economic momentum improves and there are more jobs available. While it is uncertain whether the sequester will have any impact on reducing or limiting hiring, the current news is good for teenagers and more may find themselves hired to do work this summer season.

While the news is good that more teens may find desired employment, our Boston work injury attorneys know that teenagers face some unique risks in the workplace. Teenagers, like all workers, could potentially get hurt on the job. However, due to the nature of the jobs that they take as well as their general inexperience, young workers may be at an especially great risk of suffering a workplace injury.

Teen Worker Safety a Top Priority
NBC News reported that managers responsible for hiring hourly summer workers indicated an intent to add an average of 30 workers over this summer season. This is an increase from the 27 workers that were added over the course of the last summer. This increase in available jobs is good news for 16 to 19 year olds with an unemployment rate of 25.1 percent in February.

However, many of these jobs are in food service and landscaping work, two jobs that have a high risk of injury. In fact, Work Safe Center indicates that around 3 million teenagers do summer work in food service and that around 230,000 of them are hurt on the job each year.

Teen workers in the restaurant business could be at risk of burn injuries; slip and falls or repetitive stress injuries; and theft crimes in the workplace, among other risks. Teens performing landscaping work, on the other hand, do physical jobs often using machines such as lawnmowers or saws. These teens could damage their bodies or hurt themselves as a result of a tool they are using.

It is up to employers to ensure that they are protecting their teenage workers who they bring on this summer. Some tips to help make the workplace safer for younger workers include:

Understanding child labor laws and age restrictions. There are many jobs that cannot be done by people under a certain age. For example, using certain types of machinery such as meat grinders or slicers may be prohibited for young teen workers.
Providing proper workplace training. Teens are inexperienced and might not understand how to protect themselves in a work environment. All teenagers should be trained on all aspects of their job including the safety rules for the workplace.
Ensuring appropriate supervision. A manager or trained staff member should be on duty to ensure that teens aren’t putting themselves into risky or dangerous situations, especially when young workers first take a job.
Maintaining a safe work environment. Teens desperate for work with such high unemployment rates may be willing to put up with unsafe conditions, especially since most young people don’t know their rights under the worker protection laws. Employers should not take advantage of these teens but instead should ensure the workplace is safe and meets all OSHA requirements.

When a teen is injured at work, especially seriously injured, this can have devastating consequences on the rest of his life. Avoiding such a tragedy should be the top priority for every employer.
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April 4, 2013

Working Near Diesel Engines Fueling Increased Health Risks

by Jeffrey S. Glassman

Diesel engines are everywhere — and they’re often hazardous to employees. According to the Occupational Safety and Health Administration (OSHA), these kinds of engines are used to power a number of different kinds of vehicles, heavy machinery and equipment. There are also a number of industries that use these engines, including mining, agriculture, construction, maritime, manufacturing operations and the transportation industry.

The primary hazard is the exhaust that these engines produce. This gas contains a mixture of small particles and gasses that can create serious health hazards when they’re not properly controlled.

Our Boston workers’ compensation lawyers know Diesel Particulate Matter (DPM), which is a component of the exhaust that includes dangerous particles like silicates, sulfates, ash, carbon and metallic abrasion particles, is an increasingly studied risk faced by many employees in varied workplaces throughout the United States. Workers with potential exposure risks to these materials include those in many industries. All workers in the vicinity of these engines and diesel fumes are at serious risks.

What are the short-term health effects of diesel exhaust?

-Headaches
-Eye Irritation
-Dizziness
-Throat Irritation
-Nose Irritation
What are the long-term health effects of diesel exhaust?

-Cardiovascular Disease
-Respiratory Disease
-Lung Cancer
-Cardiopulmonary Disease
So we know about the risks that are associated with exhaust fumes and particles, but what can we do to avoid them?

It’s important that you’re limiting your speeds and using one-way travel routes. This is going to eliminate traffic congestion and close run-ins with exhaust. Make sure that operators are limiting their time idling or lugging engines. It’s also a good idea to limit the total horsepower of the operating engines. This helps to reduce fumes emitted. There should also be areas that are off-limits for diesel engines.

To help to control the exposure to these kinds of fumes, employers should be making sure that they’re performing preventative maintenance on their diesel engines. They should have the proper exhaust filters, should be clean burning engines and should have diesel oxidation catalysts. All of the cab areas in these machines and vehicles should have air filters. Workers should not be exposed to these fumes on the job. Another way to manage the intake of these fumes is to install main or auxiliary ventilation systems. These can be installed as a stack exhaust or a tailpipe exhaust. All of these preventative measures will help to keep your workers alive and well.

Your best bet is to stay away from these engines. Limit your time working near them and make sure you’re getting enough fresh air. It all sounds so simple, but too many workers are spending their work day in close quarters with this machinery — and their health is suffering because of it.
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March 31, 2013

Stone-Cutting Landscapers and Amputation Risks

by Jeffrey S. Glassman

You might want to be a little more careful if you work in the landscaping industry. Officials with the Occupational Safety and Health Administration (OSHA) just released a new publication to warn workers about the hazards that are involved when using stone-cutting machines. The purpose of this publication is also to help to reduce — and ultimately eliminate — the risk of injury when using these devices.

Our Dedham workers’ compensation attorneys understand that these stone-cutting machines, also known as stone slippers, stone cutters, stone masons and rock cutters, have hydraulically operated rams that are used to cut and split stone products. These machines come as portable or stationary devices. They also come with high risk for cut, laceration and amputation injuries. The Bureau of Labor Statistics (BLS) reports that there were close to 200 injuries reported in 2010 from using shears, which are similar to stone cutters. Of these accidents and injuries, about 50 were punctures, lacerations and cuts. They usually result when these machines and devices are not properly guarded.

Accident Prevention Methods:

-Use guards. These can help reduce the worker’s access to the blades on the machine. This is oftentimes referred to as the “point of operation.”

-Ensure that these guards and their components are installed properly and that they are inspected daily.

-Make sure that all workers operating these devices are provided with the proper training, instruction and information to use them. Uneducated and under-qualified workers run a higher risk of accidents and injuries.

-It’s important to remember that employers and companies are required to provide healthful and safe workplaces for all workers. It’s all listed as a part of the Occupational Safety and Health Act of 1970 (OSH Act).

We’re here with some safety measures that can help to reduce the risks of these kinds of accidents.

Identify risks and hazards before operation:

-Make sure workers are guarding the point of operation. Their body should be no where near this area during operation cycles.

-Check before use. Does the machine have the proper guard?

-Can the guard be easily bypassed or moved?

-Does the guard do its job? Make sure operators cannot get their fingers or hands anywhere near the danger areas.

-Inspect routinely. Are there any changes that could be made to make these devices safer for all employees?

-Are you reading, understanding and operating by the recommendations from the manufacturer?

Each and every year, there are close to 140,000 people who suffer an amputation injury. Men are more likely to suffer this kind of injury — especially those between the ages of 41 and 70.

Don’t let it happen to you. Make sure all dangerous devices are equipped with the proper safe guards on each and every work site.
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March 28, 2013

Worker Suffocation in Grain Bins Serious and Ongoing Problem

by Jeffrey S. Glassman

In the summer of 2010, three teenage workers were hired to help sift out chunks of wet corn in a grain silo in Illinois.

Our Boston workers’ compensation lawyers understand that all three were buried alive. Only one survived – and even then, only by inches after a bucket that had been placed over his head by a firefighter to keep the corn from obstructing his breaths.

One of the victims was just 14 years-old.

None were wearing or had been instructed to wear proper safety harnesses for the work they were doing.

It’s the kind of accident we think of as being isolated and perhaps only occurring in the Midwest. But the fact is, the grain storage business is booming, according to a recent investigative piece by the Center for Public Integrity. In fact, Massachusetts has several grain storage facilities throughout the state.

CPI, along with a team from NPR, reviewed years’ worth of OSHA data and discovered that 180 people had died in grain entrapments in commercial facilities between 1984 and 2012. These sites included bins, but also rail cars and other locations where large amounts of grains are kept.

In cases of death, initial fines proposed by OSHA were in the neighborhood of more than $9 million. Eventually, though, those fines were slashed by nearly 60 percent as the cases were ultimately settled. The five largest fines ever received in such cases ranged from $530,000 up to $1.5 million after being but by 50 to 98 percent.

The case involving the three teens in Illinois resulted in a $200,000 fine – after OSHA reduced it by nearly 65 percent. The family-owned company also agreed to get out of the business and to notify the federal agency if they went back into it so strict oversight controls could be implemented.

For a company that earned $6.5 million in federal farm subsidies from 1995 to 2011. A $200,000 fine seems like hardly a drop in the bucket.

The teens had been hired to break up the rotten hunks of corn that were clogging the flow of the crop into the center of the bin. the 14-year-old reportedly trained the other two older teens. An older farm worker stopped by later in the day to instruct them to stay away from the center of the bin.

There was no safety training. Harnesses were unused in the shed next door.

When one of the farm workers opened one of the holes in the bottom of the bin to help improve the corn’s flow, it turned disastrous, with the corn effectively turning into a kind of quicksand. The young trio were quickly swallowed up. The surviving teen said he watched before his eyes as his best friend said the Lord’s prayer and then breathed his last.

Among OSHA’s finding of numerous safety violations was that the 14-year-old should never have been doing such high-risk farm work in the first place. Federal law prohibits workers under the age of 16 from entering confined environments or spaces. That includes grain storage bins.

OSHA reports that young workers in particular are at grave risk for suffocation hazards in grain bins. In 2010, a total of six workers under the age of 16 were involved in grain bin accidents. Five of them died.

These incidents are especially perilous, usually involving numerous deaths, as more than one worker is often inside the bin. Workers attempt to rescue one another and become trapped themselves.
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March 26, 2013

Massachusetts Store Cited for Overhead Fall Hazards

by Jeffrey S. Glassman

Often when our Boston workers’ compensation lawyers are discussing job-related accidents or illnesses, we’re talking about high-hazard fields. These would be things like construction, road repair or firefighting – some line of work in which hazards are prevalent and injuries are common.

But a recent case out of Burlington illustrates why you can’t assume that these sort of manual labor positions are the only ones in which a worker’s safety could be jeopardized. In fact, that’s dangerous thinking because it could lead to both employers and workers becoming lax or indifferent when it comes to ensuring safety standards are established and maintained.

That appears to be what happened at the Burlington branch of Forever 21, a retail clothing store that caters to teenagers and young adults.

According to the U.S. Occupational Safety & Health Administration, the store had two repeat violations relating to improper stock storage and inadequate exit routes. As a result, workers were put at risk not only from falling overhead boxes, but also of being trapped in the event of a fire or other emergency.

The store, inside a mall, had boxes piled up high in the back stock room that were not secured against displacement or collapse. Boxes were also the cause of non-existent egress routes. There were so many piled up on either side that the exit routes were effectively cut off, with workers having to climb over boxes to get to the back door.

The Los Angeles-based company faces up to $55,000 in fines due to the fact that these violations were recurring. A repeat violation is one in which a company has been cited for the same thing within the last five years. OSHA reported that another branch of the chain in New Jersey had been cited in 2011 for the exact same problems.

Large companies have a responsibility to ensure that all their work locations are secure and safe from obvious dangers.

The clothing retailer has 15 business days to decide whether to comply or appeal the decision.

Boxes aren’t the only kind of debris that can present workplace hazards. Anything that is stored or resting overhead could become a serious hazard if it isn’t properly secured.
Responsible employers know there are ways to prevent stock or debris from posing an injury risk. That includes properly securing the material or loads. That might include ensuring proper shelving, wrapping certain materials in plastic wrap and making sure that storage cases aren’t overloaded.

Secondly, when items are going to be moved, employers should make sure that workers are doing so properly. That means making sure that person has the proper equipment to safely lift the material and won’t be doing it with someone standing directly underneath. If protective equipment is required, it should be provided.

And finally, work sites should be clean and free of debris and clutter. This is one of the primary reasons why people suffer workplace falling object injuries. Often, it could have been prevented by just keeping the work site tidy.
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March 23, 2013

Cosmetics Corp. Cited for Host of Worker Safety Violations

by Jeffrey S. Glassman

U.S. Cosmetics Corp. is in the business of beauty and making others look good.

It’s too bad they failed to come up smelling roses in a recent inspection by officials with the U.S. Occupational Safety & Health Administration.
Our Boston workers’ compensation lawyers understand the firm was slapped with more than $53,000 in fines for posing worker hazards, including chemical, mechanical, confined space and electrical concerns.

The decision was handed down late last month.

In all, there were 20 alleged serious violations at the Hartford-based plant. A serious violation from OSHA is one in which a workplace hazard could cause an illness or accident that would most likely result in serious physical injury or even death. The only defense for this kind of violation is that the employer did not know and could not have known about it.

In this case, it’s not clear whether in fact the employer did know about the risks workers were facing daily, But the clear message, as evidenced by these fines, is that it should have known. Left uncorrected, these risks exposed workers to hazards such as:

Arc blasts;
Falls;
Becoming trapped or overcome in confined spaces;
Electrocution;
Lacerations.

The inspection actually took place back in October, and now the final report has been handed down.

With regard to electrical safety, OSHA indicated that the company didn’t have any electrical safety-related work practices in place for employees who were working directly with energized power sources. They weren’t being equipped with proper protective gear and there was no indication that workers were being instructed to check first to ensure power sources weren’t energized before initiating their duties. Maintenance workers hadn’t been trained whatsoever in this regard.

With regard to confined spaces, there was no limited access to these locations, nor were there procedures in place to ensure such areas were free from electrical dangers before workers entered. There was also no plan in place to rescue employees from a confined space in the event of an emergency.

There were also numerous instances of fall and tripping hazards, dangerous machinery that was running, yet unguarded, flammable liquids in unsecured containers and hazardous chemicals that weren’t clearly marked and labeled.

In areas where employees were working with caustic chemicals, there were no facilities for these workers to drench or clean themselves.

Additionally, there were numerous locations where damaged electrical power cords were left exposed in the work area.

The company, founded back in 1985, manufactures treated mineral substrates and pigments that are then sold to various cosmetics makers. It also creates sunscreens and other specialty cosmetic products.

Workers have a right to conduct their duties in a safe environment, having been properly trained and with the appropriate protective equipment and safeguards. Oversights like these put every single one of these workers in jeopardy.
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March 20, 2013

Boston Tree Trimming Dangers This Spring

by Jeffrey S. Glassman

Late last month, police in Needham, about a half hour west of Boston, reported numerous power lines were taken down by a tree company that had been working to trim nearby branches.

Our Boston workers’ compensation lawyers know that as spring approaches, this kind of work will be increasingly in demand, and the risks will inevitably be heightened.

Not only does it pose dangers to workers actually doing the trimming, it’s also a concern for utility specialists, nearby construction crews and emergency responders.

In this case, the workers were attempting to trim the overgrown branches of a tree situated near numerous power lines. In the course of this work, cable, phone and electricity lines were downed when a portion of the tree fell onto those wires. The incident resulted in a loss of power for several hours as utility crews worked to repair the damage.

Among the greatest perils for workers who are trimming trees are falling, electrocution, and the risk of being injured by objects or projectile debris or by dangerous equipment. In fact, tree trimming is one of the country’s riskiest occupations. The most recent statistics available from the Bureau of Labor Statistics in 2009 indicate there were nearly 2,100 tree trimming injuries that year.

Unfortunately, the industry is not well-regulated. Independent contractors are hoping to outbid the competition, but they may be doing so by cutting safety corners for their workers.

The U.S. Occupational Safety & Health Administration reports that in general, tree trimmers should be given the following personal protective equipment:

A hard hat to protect from overhead impact or electrical hazards;
Respiratory protection, to help filter dust, dried mud, dirt, silt and mold;
Eye protection with side shields and ear protection too;
Gloves tailored to the specific needs of the kind of work being done;
Protective footwear.

Those working with lifts need to ensure that the access is controlled and that the trees are inspected for any structural weaknesses before a person begins the climb or cut. Additionally, safe work procedures should help to limit the risk of inadvertent cutting of safety belts, straps or ropes.

In order to avoid contact with electrical lines, each company should have a qualified line-clearance tree trimmer who can advise on potential hazards in a given location. All electrical power conductors should be treated as if they are energized, and consideration should be given to the fact that wood or other equipment may act as a conductor for that power source.

Those working with chain saws should check the chain tension, handles, bolts and controls to be sure it is all in working order before put to use.

The area should be inspected for downed electrical lines before the work even starts.

If a power line is downed, crews should maintain at least a 10 foot distance from the wires and a barrier should be clearly established until utility crews come to repair the damage.
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March 17, 2013

Goodwin v. National Grid: Prior Condition Not Grounds for Denial of Workers’ Comp

by Jeffrey S. Glassman

Our Boston workers’ compensation attorneys know that one of the reasons some workers may hesitate to file a claim is that they figure an injury stemming from a pre-existing condition essentially makes them ineligible for benefits.

This is not true.

Of course, you can’t get workers’ comp for a totally-unrelated injury. But if your pre-existing condition has been exacerbated or aggravated by an incident at work, you absolutely may qualify for benefits.

That was the issue before the Massachusetts Supreme Judicial Court in Goodwin v. National Grid.

The plaintiff was a 55-year-old laborer who had worked for his entire career as a pipefitter at this company and those that came before it. His everyday duties involved intensive physical labor, so he was no stranger to daily aches and pains.

One day, in late December of 2008, the employee was working on an overhead pipe to fix a leak. In the midst of this, he felt the back of his neck pop, causing an extreme shock of pain to shoot down from his neck to his right arm. He had experienced brief bouts of pain before, he said, but this was different.

He went to the doctor soon after, where an MRI of his spine revealed he had extensive degenerative disc disease and multiple disc degeneration. The doctor diagnosed his most recent injury as aggravation of preexisting cervical spondylosis and cervical strain. The doctor found that the preexisting condition was responsible for 60 percent of his injury, while the work incident was responsible for 40 percent.

The worker underwent surgery and was once again cleared for full-time work little more than a year later.

When the workers’ compensation disability claim was heard before an administrative law judge, the judge found that the doctor actually used an improper legal standard in his 60-40 conclusion. Further, the judge decided that the doctor’s finding of 40 percent made it a significant enough factor to require the employer to cover the workers’ disability and treatment costs.

The company then appealed that decision to the reviewing board, which is the state’s Supreme Judicial Court. The firm argued that the administrative judge had not properly taken into account the doctor’s opinion on the cause of the worker’s injury and the fact that a preexisting condition was primarily to blame.

The court, however, sided with the worker, reasoning that the judge wasn’t under any obligation to adopt all of the doctor’s findings or opinions. The doctor had said he didn’t believe the work incident to be a “major cause” of the patient’s condition. But the law judge was well within his rights to determine that the doctor’s interpretation of “major,” in the legal sense, was incorrect.

Further, Massachusetts G.L. c. 152, 1(7A) holds that in cases where an employee is hurt but also has a preexisting condition, the worker has to show that the work injury or disease is a major – but not necessarily predominant – cause of the need for treatment or disability.
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March 15, 2013

More Than Luck: Avoiding Boston Work Injuries Amid Raucous St. Patrick’s Day Celebrations

by Jeffrey S. Glassman

In a recent St. Patrick’s Day celebration, throngs of thousands of party-goers, decked in green and thoroughly intoxicated, lobbed bottles, cans and even snowballs at police officers who tried to disperse the disruptive crowds in North Amherst in western Massachusetts.

Meanwhile, EMS crews, paramedics and emergency room staff were coping with combative, drunk patients who were dangerously intoxicated – and just plain dangerous. Bars and restaurants had to call for help on numerous occasions in trying to break up fights or quell disorderly patrons.

And on the roads, as workers made their way to various job sites in the early morning hours, they encountered numerous drunk drivers.

Our Boston workers’ compensation attorneys know that emergency crews, hospital employees and entertainment venue staffers tend to be well-trained to cope with intoxicated individuals who pose a risk to themselves and others. They are ready on and around holidays such as St. Patrick’s Day – especially in Massachusetts, where Irish heritage is a source of great pride.

But escaping the holiday without a work-related injury on St. Patrick’s Day should be more than just a matter of luck.

A lot of times, when we think of workers being injured in a workplace violence incident, we think of a loan gunman who is mentally unstable. Sometimes, that happens. But aggressive encounters are almost status quo for emergency crews.

While most employers have an inherent responsibility to provide a safe working environment for their workers, police agencies don’t really have that luxury. However, they – and all employers that know their workers may be put at risk in these situations – need to equip their staff with the appropriate training, tools, back-up and protections to ensure the risk of harm is minimized.

Even a little foresight can go a long way.

For example, throughout this month, a number of restaurants, bars and clubs are offering St. Patrick’s Day specials with cascades of cheap drinks and discounts on pub crawls, some starting as early as 10 a.m. These locations also need to consider offering deals on food and non-alcoholic drinks. Also, programs that provide inexpensive or free taxi services to keep revelers off the roads could exponentially improve safety amid the celebrations.

Police and EMS workers are always on the alert for a potentially dangerous situation and tend to be well-equipped to tamp down an escalating situation. EMS workers responding to these events were given helmets and turnout gear to protect from hurled bottles and other debris.

But of course, it’s never full-proof, and the risk of being hurt on the job is always a concern.

In the Amherst celebrations, there were many reports of patrons and partiers being injured, but only one officer was reportedly hurt, after suffering a minor wrist injury. This is nothing short of a miracle, considering that the fact that individuals were arrested for offenses such as: disorderly conduct, failure to disperse from a riot, assault with a dangerous weapon, arson for trying to alight furniture and minors in possession of alcohol.

We sincerely hope we are lucky this year, and that this minor injury will be the extent of workplace injuries this holiday weekend.
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