Massachusetts Workers Compensation Lawyers Blog

March 11, 2013

Massachusetts Work Accidents: First Aid & Lifesaving Employees

Officials with the Department of Public Works (DPW) were recently honored for doing what they were trained to do — and for helping to save the life of one of their fellow workers. According to Metro West Daily News, crews help to save this worker’s life after a power saw accident.

According to Peter Sellers, DPW Director, and Gary Daugherty, Fire Chief, the workers on the site that day did not hesitate to use their safety training and first-aid skills to jump to the worker’s rescue. One of the workers even took off his belt and used it to form a tourniquet to help to stop the victim’s bleeding.

“Just can’t thank these guys enough,” said the victim, who is now on the road to recovery.

Our Boston workers’ compensation attorneys understand that dangers on the job are sometimes unavoidable. Each workplace needs to take the proper safety precautions to help to eliminate any risks, but sometimes accidents happen. That’s when we rely on the assistance of those we work with and the trained attention of a medical professional. On each work site in the U.S., employers are required to make sure that workers are trained and have the necessary knowledge to prevent on-the-job risks, as well as on what to do in the event of an accident.

The workers on site at the time of the accident were working at a pump station. They were working to fix a failed main. Employees were able to stabilize the victim until paramedics and firefighters arrived on the scene. The victim was flown to a Boston hospital for further treatment of his injuries.

Employers should make an effort to obtain estimates of EMS response times for all permanent and temporary locations and for all times of the day and night when workers are on duty. And they should use that information when planning their first-aid program.

Unfortunately, sudden and serious injuries or illnesses, some of which may be life-threatening, can happen at any time at any job site. For this reason, officials with OSHA have created a First Aid standard. This standards works to make sure that there are trained first-aid providers at all workplaces of any size if there is no infirmary, clinic, or hospital in near proximity to the workplace. Even when these resources are located nearby, it’s still an excellent idea to make sure that your worker know what to do in the event of an accident. Someone’s life may rely on it one day. You also want to make sure that each work site is provided with the proper first-aid tools to address accidents and injuries.

If you were injured on the job, you’d want someone with the proper training and knowledge to run to your rescue. This is where the proper training from employers comes in. Make sure you’re getting the knowledge you need to help to keep yourself and your coworkers safe.
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March 10, 2013

Massachusetts Workers’ Compensation Fraud Pursued By State AG

by Jeffrey S. Glassman

Attorney General Martha Coakley’s office went hard after a company it claims committed numerous instances of Massachusetts workers’ compensation fraud.

Our Boston workers’ compensation attorneys are encouraged that such action was taken against those who break the law at the expense of their employees – just to save a few bucks.

Employers have a legal responsibility to accurately report to insurance companies regarding their total number of employees, payroll and classification of business.

Failing to do this for the express purpose of avoiding payment of insurance premiums covering workers’ compensation for injured employees is illegal under MGL c. 152, 25C. The law holds that violations can result in civil fines of up to $250 daily and criminal fines of up to $1,500 daily. If convicted of a criminal violation, offenders may even face up to a year in jail.

The law was recently updated to state that any employer who is found to have violated this statute for the express purpose of avoiding payment of higher insurance premiums is barred for up to three years from participating in the bidding process for any contracts funded by the state or municipal governments.

The truth is, these fraudulent practices put law-abiding businesses at a disadvantage and drive up workers’ compensation insurance premiums for everyone else.

In this case, the guilty party was the owner of a roofing and siding company operating out of Nantucket. He was accused – and recently convicted in Suffolk Superior Court – of five counts of workers’ compensation fraud.

From 2000 through 2010, the company used two different insurance companies for workers’ compensation coverage. The attorney general’s office has said that in order to avoid paying higher rates, the defendant lied to both firms about how many workers he had and also what kind of work those employees did, downplaying the fact that they were regularly involved in physical labor.

It’s not clear immediately from court documents whether a worker at the company ever actually got hurt, but it’s really besides the point. If they had, the insurance company would have been liable to pay, even though the employer was not paying the insurance company appropriately relative to the risk.

In this case, the defendant was sentenced to two years of probation and ordered to pay more than $40,000 in restitution.

But this is far from an isolated situation. Last year, the attorney general’s office reportedly handled nearly three dozen such cases, handing out more than $1.6 million in restitution orders.

All employers in Massachusetts are required by law to carry workers’ compensation coverage – even if they only employ a handful of workers and even if the only person they employee is themselves. The law is applicable regardless of how many weekly work hours you submit. The only exception is domestic service employers, who have to submit at least 16 hours weekly in order to require workers’ compensation insurance coverage.

While we can sympathize with employers who are already pinched tight, workers’ compensation insurance is not the place to cut corners. The attorney general’s office reports that companies who feel they are being charged too much do have the option to appeal to the Massachusetts Division of Insurance.
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March 8, 2013

Strikes and Strike Breakers Increase the Risks of Workplace Injury

by Jeffrey S. Glassman

Strikes are a fact of life within the United States labor industry and are a bargaining tool often used by unions when an employer and union cannot agree on the terms and conditions of employment. Unfortunately, while strikes may be used to secure benefits for one group of workers, they also create serious risks of workplace injury for others.

Our Boston work injury attorneys urge employers and employees to be aware of the workplace risks presented by strikes. Ultimately, it is the job of the employer to mitigate and minimize the risks and to present a safe environment for any workers at the worksite even if those workers are only there temporarily.

Worksite Injury Risk Increased by Temporary Workers
On February 8, 2013, the Bureau of Labor Statistics released their summary report on major work stoppages that occurred in 2013. According to their report:

There were 19 major work stoppages in 2012. Work stoppages designated as “major” stoppages included those involving at least 1,000 workers that lasted for at least one shift.
The total number of work stoppages in 2012 was the same as the number of work stoppages in 2011.
In 2012, there were 148,000 workers who were idled by major work stoppages. This is up from 113,000 workers idled in 2011.
In 2012, there were 1.13 million idle days resulting from work stoppages. This, too, reflects an increase from 2011 when there were only 1.02 million idle days as a result of work stoppages.
The longest work stoppage occurred as a result of a dispute between Lockheed Martin Corporation and the Local 776 unit of the International Association of Machinists. This stoppage lasted 48 workdays, resulted in 3,600 workers made idle and accounted for 172,800 idle days.
Another major work stoppage involved the American Crystal Sugar Company and the Bakery, Confectionary, Tobacco Workers and Grain Millers, Sugar Council. The stoppage dates back to August 1, 2011 and resulted in 445,000 days idle since this August date. In 2012 alone, there were a total of 308,100 idle days.

These statistics show that there were thousands of workers who went on strike in 2012, resulting in hundreds-of-thousands of workdays missed. In many cases, when workers strike, employers bring in strike breakers. These are replacement workers who are willing to do the job of those on strike so that the business can remain open.

Unfortunately, the replacement workers may not be fully trained in the work performed by the regular workers. They may not know the machines and the industry as well as the workers who are on strike, especially since typically when a union goes on strike other workers in the field will be unwilling to cross the picket line and take over the jobs. This means that inexperienced workers or even workers without the exact skills necessary may be brought in to fill the void caused by the striking workers.

These temporary workers, therefore, are in danger of getting hurt as they try to do jobs that they aren’t fully and completely equipped to do. Employers must provide proper training and supervision and do everything possible to protect the safety of these workers to avoid workplace injury. While it may be expected that the number of workplace injuries go up with temporary workers, this does not excuse an employer’s obligation to provide a safe work environment. Further, employers can still be held legally liable for any injuries that occur to their employees on the jobsite, even if those employees were hired only as a result of a strike.
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March 6, 2013

Employer’s Market Doesn’t Absolve Employers of Responsibility

by Jeffrey S. Glassman

The United States job market, and the job market in Boston, remains decidedly an employer’s market. Wages are largely stagnant, unemployment levels remain high and workers are competing for jobs with some anxiety as the long-term unemployed face the end of their benefits and new graduates continue to flood the job market.

Amid this troubling economic environment, it may become too easy for employers to get complacent and think they do not have to be as mindful of employee safety and well-being. While it is true that employers may not have to offer competitive benefit packages or high wages to fill vacancies, our Boston work accident attorneys urge all employers to remember that they have important obligations to employees.

Employer’s Market Lingers, But Safety Obligations Still Exist
Recently, the Bureau of Labor Statistics announced that the total compensation costs for private industry workers in Boston increased 1.6 percent for the year ending in December of 2012. This is down from a year ago when Boston experienced an annual gain in total compensation costs of 2.5 percent. It is also slightly below the nationwide increase of 1.9 percent in compensation costs.

Regarding wages and salaries, the largest component that accounts for compensation costs, Boston experienced a 1.3 percent increase for the 12-month period ending in December of 2012. This was also below the national average of 1.7 percent.

Workers in Boston, therefore, aren’t doing very well as far as wage increases. On the national level, the increases in compensation costs are also very small and indicate that workers are experiencing ongoing wage stagnation with any compensation increases likely barely keeping pace with inflation.

This data is bad news for workers, but not necessarily for employers who may continue to enjoy the low-cost labor and the vast market of job seekers. Employers don’t have any obligation to raise the wages of workers, of course, outside of an employment contract specifying otherwise and outside of rules requiring compliance with minimum wage and overtime laws. These laws set a low ceiling and employers can avoid increasing their compensation costs as long as the job market remains an employer’s market.

Employers, however, should never assume that they do not have to comply with all safety regulations regardless of how in-demand jobs are. An employer cannot violate OSHA requirements for maintaining a safe workplace, even if employees are willing to work in an unsafe location. Employers also cannot and should not hire untrained workers to perform skilled or dangerous work, even if the workers are willing to do it for a low wage.

There are some corners, in other words, that employers should never cut. Workers do not have to put up with an employer breaking safety rules and if you or someone you know is experiencing an employer’s violations of OSHA or labor laws, then you have legal rights and should take action.

When employers fail their workers by allowing unskilled laborers to do dangerous jobs or by creating a dangerous worksite, employers are responsible for the consequences of their choices. In fact, it is important to remember that employers are always responsible for work injuries through workers’ compensation, and that is not optional. Employers cannot cut your workers’ compensation, and must pay you benefits if you get hurt at work, regardless of the leverage they may have to negotiate other aspects of your employment in this employer’s market.
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March 3, 2013

OSHA Cites Massachusetts Wholesale Food Manufacturer/Distributor

by Jeffrey S. Glassman

The Occupational Safety And Health Administration (OSHA) is in charge of setting and enforcing safety standards throughout the United States. Recently, OSHA conducted an inspection of a Massachusetts wholesale food manufacturer and distributor to determine if the distributor was living up to its obligations. Unfortunately, OSHA found that the distributor was falling short and cited and fined the company.

The manufacturer/distributor was Progressive Gourmet Inc., and it now faces $73,400 in fines. Our Boston workers’ compensation attorneys understand employers are in the best position to prevent workplace injury. We hope that OSHA’s tough actions in this case will serve as a reminder to all employers within the state that complying with worker safety regulations needs to be a top priority.

Massachusetts Wholesale Food Company Fined for Violations
OSHA began conducting inspections of Progressive Gourmet Inc. in September of 2012 in response to complaints from employees. OSHA discovered some troubling conditions during these inspections. For example, OSHA found that:

The facility did not have adequate safety procedures in place to prevent machines such as ovens, conveyers and cookers from starting unintentionally when workers performed service and maintenance. As a result, workers were in danger of becoming seriously injured if the machines turned on as work was being done.
The facility failed to provide training and information on powering down and locking out the power sources of machines before performing maintenance on them. This could lead to electrocution and electrical burns for employees performing machine maintenance. Fines for this offense, combined with fines for the offense of failing to have procedures to prevent machines from starting unintentionally, would total $55,000.
The manufacturer failed to conduct routine inspections and to keep up with maintenance to ensure that the anhydrous ammonia refrigeration system in the plant was operating safely.
The facility did not have sufficient space between overhead piping containing ammonia and materials stored below the piping.
The facility had wet floors where work was being performed, creating a tripping hazard. For the failure to inspect and maintain; the insufficient piping; and the wet floors, Progressive Gourmet Inc. was charged $18,400 in fines.
The perspective fines total a large sum – $73,400- due to the seriousness of the violations as well as due to the multiple violations. When there is a hazard that employers know about or should know about and that hazard puts employees at risk of death or serious harm, then the safety violation is a serious one with a substantial fine.

Employees in this case could have been at risk of exposure to ammonia, which could make them very sick or even cause death. Employees also could have been electrocuted, crushed or otherwise injured due to machines starting during maintenance or electrical surges while machines were being worked on.
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February 27, 2013

OSHA 2012 Inspection Plan to Reduce Injuries and Illnesses at Hazardous Worksites

by Jeffrey S. Glassman

The Occupational Safety & Health Administration (OSHA) is continually trying to make workplaces safer for employees. This is especially true on worksites where there is high risk of injury or where there are many hazards. OSHA aims to fulfill its goal of preventing worker injuries and deaths by using a number of means including setting employer regulations and inspecting worksites.

On January 8, 2013, OSHA issued a trade news release outlining some specific steps it plans to take in 2013 in order to try to tackle some key issues at “high-hazard” workplaces. Our Boston workers’ compensation lawyers support OSHA efforts to try to make these dangerous worksites safer.

OSHA’s 2012 Plan for High-Hazard Worksites
OSHA created its inspection plan for high hazard workplaces under the Site-Specific Targeting 2012 program (SST program). The program aims to direct the agency’s enforcement resources to non-construction worksites with 20 or more workers and with the highest risk of illness and workplace injury.

To create the list of targeted workplaces that will be subject to SST inspections, OSHA reviewed injury and illness data collected from a survey of more than 80,000 large establishments. The data was analyzed to identify at-risk worksites and industries where inspections will be focused.

In order to determine the effectiveness of the SST program, OSHA also announced it will be conducting a study this year. The study will focus on 1,260 SST establishments that are randomly selected. By examining the impact of OSHA’s SST plan at these locations, OSHA can make a determination whether its targeted efforts have improved safety records and reduced injury. This will be helpful in providing guidance for OSHA on how to continue its targeted inspections in the future.

OSHA also announced that nursing and personal care establishments would not be considered part of the SST program this year, although they were in the past. Inspections of these worksites will be facilitated by OSHA’s Nursing and Personal Care Facilities National Emphasis program, thus opening up the door for other targeted inspections in other industries under SST.

By identifying specific industries where enforcement efforts are to be targeted and by streamlining and studying the list of inventories where efforts are focused, OSHA will hopefully help to make some of the most dangerous worksites a little bit safer for workers.

State and Local Inspection Programs also a Concern For OSHA While announcing their plans for site specific targeting, OSHA also issued a reminder that other high-risk industries and hazards are also subject to careful inspection. In fact, OSHA has approximately 140 Regional and Local emphasis programs that allow for programmed inspections to target high-risk industries and hazards on the local level. These are separate from their SST inspection focus.

These Regional and Local emphasis programs supplement the eleven National Emphasis Programs that OSHA uses to direct resources to inspect for lead, silica and process safety management issues.

OSHA, therefore, made clear that its 2013 plans will continue the agency’s efforts to both focus resources on high-hazard worksites under site specific targeting programs but also to continue to provide widespread monitoring and regulation on the most dangerous workplace issues across all industries.
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February 25, 2013

Forever 21 Busted for Endangering Workers — Twice!

by Jeffrey S. Glassman

You might not think that working in a clothing store could be all that dangerous. That’s not the case for workers at the Forever 21 in Burlington. According to officials with the Occupational Safety and Health Administration (OSHA), the Forever 21 store at the Burlington Mall was slapped with two repeat citations. These citations came with fines totaling nearly $60,000.

The retail chain, based out of Los Angeles, reportedly exposed employees to exit access hazards and struck-by risks. These dangers were discovered.after an inspection last December.

Our Burlington workers’ compensation attorneys understand that stock rooms can get pretty messy. There is no reason to put workers at risk for a potentially serious accident just because you’ve got a lot of inventory. There are ways to properly and safely store everything in the workplace. It just takes a little bit of time, effort and thought to get it done the right way.

According to incident reports, there were piles and piles of stock in the store’s backroom. These boxes were not secured to anything and could have easily fallen or collapsed. In addition to this safety issue, officials observed that the store’s emergency exit route was blocked by a number of boxes as well. If there was a fire, those workers were not getting through and out to safety very quickly.

This isn’t the first time this company was cited for these problems. In 2011, the company received the same violations and warnings for its store in Bridgewater, New Jersey. You get a repeat violation when you’re busted with the same hazard more than one within a five-year period.

“Improper storage of stock and inadequate exit routes can and do put workers at risk of serious and severe injury,” said Jeffrey A. Erskine, area director for OSHA.

Whether you have one or fifty workplaces within your company, you’re required to make sure that each and every one of them is safe for all employees. You want to make sure that there are no dangers dangling above their heads. Whether it’s boxes or steel hanging from a crane, you want to make sure that the workplace is under control, that there are procedures in place to help to prevent these types of accidents and that employees are provided with the proper safety equipment and training to complete their duties.

In 2011, there were more than 470 U.S. workers who were killed in struck-by-falling-object accidents in the U.S. According to the U.S. Bureau of Labor Statistics, these kinds of accidents accounted for roughly 10 percent of all workplace fatalities.

If you feel like you’re in danger on the job for any of these kinds of accidents, you’re asked to speak up. You have a legal right to be concerned and proactive with your safety. Speak with a manager, a supervisor or an owner if you feel there are any risks for stuck-by accidents at your place of work.
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February 22, 2013

Protecting Outdoor Workers in Wicked Winter Weather

by Jeffrey S. Glassman

Most of us would like to snuggle up by the fireplace and admire the snowy weather from the warmth of our own home. But for many others, that winter weather is an office. We’re talking about those who work outside all day, each day, season after season.

Many workers love this kind of work. Many enjoy working so near to Mother Nature. Those are the ones who can’t imagine working in a cubicle and those are the ones who face some of the most serious risks for accidents on the job when the weather turns inclement.

According to the Boston Globe, many of the area’s government agencies employ these workers, including the Massachusetts’ Environmental Police. These officials work to promote and enforce the laws of the Commonwealth. This helps to protect our environment and the natural resources it offers. This job calls for a lot of time outside, in the woods and on the water.

Our Boston workers’ compensation attorneys understand that prolonged exposure to freezing or cold temperatures may cause serious health problems. These problems can include frostbite, hypothermia and even trench foot. Many of these conditions can be serious or even fatal.

“You learn to dress for it,” said a local park ranger. “I may not be a fashion plate, but I’m not cold. I may look like one of those guys from Stalingrad, but it gets the job done.”

Luckily, there are ways that we can help to keep these workers safe. Read and review the following safety pointers and make sure that all of your outdoor workers are following along.

-Be sure that everyone understands and is able to recognize the symptoms and conditions of cold-induced illnesses and injuries. You also want to make sure they understand the steps that need to be taken when these conditions are identified.

-Make sure that all workers are properly trained.

-Be sure that workers are wearing the proper clothing when working in cold, wet and windy conditions.

-Make sure that employees who are working in extremely cold conditions are taking frequent, short breaks in warm and dry areas to let their bodies warm up.

-Try to have your workers complete outdoor tasks during the warmest part of the day.

-Make sure no one is out there working alone. The buddy system is the best way to help to keep worker safe.

-Make sure that all workers are getting plenty of fluids. To be more specific, they should be consuming warm sweet beverages. Try to stay away of drinks with caffeine.

-Use thermal insulating material on equipment handles when temperatures drop below 30°F (-1°C).

Extreme cold weather is a dangerous situation that can bring on health emergencies in susceptible people — and some of the most susceptible people are our outdoor workers. Make sure you’re prepared for all weather conditions.
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February 17, 2013

Massachusetts Construction Vehicle Accident Critically Injures Worker

by Jeffrey S. Glassman

An employee in Andover, working on a large bridge project, has sustained massive injuries as a result of a Massachusetts work accident in which he was pinned between two rear tires while at the work site.

Our Boston workers’ compensation attorneys understand the subcontractor employee is fighting for his life, with major internal and external injuries sustained to his lower extremities.

Investigators are still working to piece together the details, but so far, we know this:

Crews were onsite working on the railroad bridge crossing over the Shawsheen River.

It was shortly before noon when the driver of a tractor-trailer truck was working to attach a trailer to the back of his cab. For reasons that aren’t yet clear, the vehicle shifted, causing the tractor to roll backward. The worker was left pinned.

He was stuck there until emergency rescue crews arrived. Even then, crews weren’t able to lift the extreme weight of the tires until they employed inflatable, pneumatic bags. At that time, he was conscious and alert, but he had to be airlifted to a nearby hospital.

This is quite common in pinning injuries, where the release of pressure on the extremity from removing that heavy object quickly can actually be toxic – even fatal. That’s why in some pinning situations, amputations have to be performed on site.

That does not appear to have been the case here, but we are still awaiting all the facts. An investigation has been launched by the construction company, as well as the Occupational Safety & Health Administration and the Massachusetts State Police and local police and fire officials.

OSHA statistics show that the majority of roadway construction injuries occur when a worker is struck by a piece of construction equipment or vehicle. OSHA reports that some 100 highway construction workers are killed each year, and another 20,000 are injured.

In Massachusetts, the Centers for Disease Control reports there were nine roadway construction zone fatalities in 2009 and eight the year before.

In the four years between 2003 and 2007, nearly 640 workers were killed on road construction sites, representing about 8 percent of all construction industry work deaths. More often than not, it was not a passing vehicle that put the workers’ lives in jeopardy.

In more than half of these cases, it’s not a passing vehicle that’s to blame – it’s the equipment and vehicles within the construction zone that are the greatest risk. In fact, 60 percent of road construction site fatalities occurred when workers were struck by mobile equipment or vehicles that were backing up.

Contracting agencies on road construction projects are advised to take the following precautions:

Work out a streamlined process for reviewing and approving changes in the work zone set up, as identified by safety concerns;
When possible, close the road around active work zones entirely, and reroute traffic;
Consider equipping workers with additional safety equipment such as sensors, intrusion alarms and handheld radios.

February 11, 2013

Keeping Workers Safe from Hypothermia

by Jeffrey S. Glassman

Winter presents many dangers to workers that do not exist during the warmer months. Recently, our Boston work injury attorneys discussed the hazards presented by winter storms to workers. Today, we want to urge employers and workers to consider another major risk: the risk of developing hypothermia.

Any worker who works outside or in a cold/unheated environment is potentially in danger of developing hypothermia. It is the responsibility of employers to make sure that they do not put their workers into a dangerous situation where hypothermia is likely to occur. It is also the responsibility of employers to ensure that workers are warned of the dangers of hypothermia and adequately trained to observe the warning signs and avoid this dangerous condition.

OSHA Warnings on Hypothermia for Workers
Hypothermia occurs when the body cannot warm itself. When the temperature becomes too cold, the tissues of the body can become damaged. In some cases, the tissues will become so damaged and the body systems will become so cold that they shut down and death results.

Many people assume that hypothermia occurs only when it is freezing but OSHA cautions that this simply is not true. It is possible for hypothermia to develop even if the temperature on land is above freezing and it is possible for the condition to develop in situations where the temperature of water is below 98.6 degrees Fahrenheit. Hypothermia can also develop slowly if a person is wearing wet clothing and is chilled by low temperatures or high winds.

A worker who is exposed to extreme cold or freezing water and who begins to develop hypothermia will usually first simply feel cold. The deeper layers of the skin and tissue will begin to freeze and the skin can start to feel numb and hard and turn waxy-white or pale. Usually the fingers, hands, feet, toes, nose and ears will be affected first.

Protecting Workers from Hypothermia
Any worker exposed to cold weather is potentially at risk of developing hypothermia. However, those at the greatest risk include workers on certain medications; workers in bad shape; or workers with preexisting health conditions including heart problems or diabetes.

To protect workers, employers should:

Be aware of the conditions that can lead to hypothermia
Know the signs of hypothermia and educate workers on the signs
Contact emergency assistance as soon as the symptoms of hypothermia begin to develop
Establish a policy wherein workers exposed to cold take frequent breaks in warm, dry areas to allow the body to return to a normal temperature
Ensure workers have the proper clothing to protect their bodies in cold, wet and windy conditions
Schedule outside work for the warmest part of the day
Ensure that workers work in pairs

These are just a few of the key suggestions that OSHA makes to help avoid hypothermia and cold weather injuries. Employers must take responsibility for protecting their workers during these cold winter months.
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