Massachusetts Workers Compensation Lawyers Blog

When it’s cold outside, you want to be aware and be prepared. According to the Centers for Disease Control and Prevention (CDC), some of the dangers that accompany cold weather are serious and dangerous, but there are some that you might not be able to spot as easily.

Workers who do their jobs outside are at some serious risks for weather-related work injuries and accidents, especially with the winter season. As the temps continue to drop, we’re asking all workers and employers to be ready, to be prepared and to be safe.

Our Boston workers’ compensation lawyers are reminding workers who complete their job outside to dress in warm clothes. You should always wear multiple layers of loose clothing. Layers not only provides you with better insulation, they also will help you to cool off if need be, by removing layers as you warm up. You should also always wear gloves to protect your hands and a hat to protect your head. You might think that your Northeast blood is conditioned to handle rigid winters, but did you know that you can suffer from weather-related injuries when the temps only drop to 60 degrees?

Potential Injuries from Cold Weather:

-Frostbite: Most of your body parts are prone to frostbite, including your nose, toes, fingers and even ears. This happens when parts of your body freeze. What can happen is that some of the tissue can be damaged — permanently. If you can’t save the tissue after one of these accidents that body part will need to be amputated. One of the best ways to prevent these kinds of injuries is to wear that protective clothing we were talking about. The colder it is outside, the faster frostbite can take hold. Be more cautious outside as the temps drop.

-Hypothermia: This is one of the most serious dangers of working outside in the cold. It’s also one of the toughest conditions to detect. This happens when your body temp drops below 95 degrees. When you start to suffer from this condition, you may start to feel confused and most times people don’t think there’s anything wrong until it’s too late. You’ll usually know when your pulse and your breathing slow, when you stop shivering, when your skin turns a shade of blue and your pupils may expand.

-Trench Foot: This is when your feet are too wet and too cold for too long. The wetness causes your feet to lose out on precious heat. The blood flow can slow and tissue can be irreversibly damaged.

-Chilblains: This can cause your skin to swell, blister, get too red, start itching and even break.

As the temps drop, we’re urging workers to start bundling up. Stay safe and stay warm out there to help to reduce your risks of any cold related work injuries.
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A worker at a Bumble Bee Tuna plant was cooked to death inside of an industrial oven, referred to as a steamer machine. The worker, according to The Examiner, was 62-years-old.

When emergency response teams arrived on scene, the man was pronounced dead. The accident forced the plant to shut down through late last week and over the weekend. The accident is now being investigated by state workplace health and safety officials. They’re looking into how exactly the accident happened. The man had been employed with the company for close to 10 years.

Once the investigation is complete and officials determine the cause of the accident, it will be decided if the plant violated any of the state or federal safety and health regulations.

Our Boston workers’ compensation attorneys understand that factory settings come with a whole heap of dangers and accident risks. It’s the responsibility of the employers and the companies to make sure that all machinery is properly safeguarded. There are federal and state safety and health standards which must be achieved at all work sites. Your safety and your well-being relies on it!

Not only can people be burned to death, but bones can be crushed, sight can be lost and an employee can suffer other lifelong debilitating injuries. The truth of the matter is that the list of possible machinery-related injuries is as long as it is horrifying. This is why it is essential to make sure that all machinery is safeguarded. Moving machine parts can easily injure or kill a person. Luckily, these kinds of accidents are preventable with the proper safety measures.

If you want to stay safe, there’s one thing you’re going to want to remember. If a machine has moving parts that could potentially cause injury, then you’re going to want to guard it. Regardless of how skilled you are the the job that you do, the truth of the matter is that accidents happen and that’s why we safeguard machinery.

What does a safeguard do?

-It must prevent contact between the worker and the dangerous machinery.

-It has to be secure. You don’t want it to be easily tampered with or removed. You want it there, you want it to work and you want it to be sturdy.

-It has to protect the machinery from falling object. You never want foreign objects to get into machinery. Not only could these falling parts become an easy projectile, but they can cause the machine to break, too.

-It shouldn’t create any hazards. A safeguard is supposed to make things safer, not to create more problems. There should be no sharp edges or protruding bolts or anything of the sort on or around your safe guard.

-It shouldn’t interfere. Safeguards should never make your job more difficult or more time consuming.
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It’s almost flu season and there’s a good chance you’re going to get it from work. An inconvenience for some, older workers and those with pre-exisiting conditions may be particularly vulnerable.

That’s why officials with the Occupational Safety and Health Administration (OSHA) are helping employers to reduce the risks of flu on the job, especially in healthcare settings.

Our Boston workers’ compensation attorneys understand that there are employees who perform specific kinds of healthcare duties with patients who might already have the flu. This means that they’re at higher risks for getting the flu. There are a number of safety precautions that need to be taken in the healthcare setting to make sure that the flu virus is contained. Cleanliness might be one of the best ways to help to keep the flu virus under control.

Safety Precautions to Take in the Healthcare Field:

-Make sure that you’re vaccinated.

-Make sure that everyone on the job is practicing good hygiene etiquette; cover your mouth when you cough, make sure everyone is washing their hands and keep work areas tidy.

-If you’re sick, you should stay home. Don’t bring the flu in with you.

-Encourage workers who are feeling ill to go home and rest.

-Make sure that everyone is using gowns, gloves, surgical masks, etc. and are using them correctly.

Pandemic flu continues to be a top concern for employees and employers. This is especially a big concern for healthcare workers. At any time, a pandemic can happen. Back in 2009, there was a pandemic that was considered by the Centers for Disease Control and Prevention (CDC) to be mild, but was still causing some serious challenges for employers and illustrated just how unprepared they were for an event like this. An emergency plan for this kind of pandemic should be a “worst-case” scenario plan, meaning you should be ready to handle anything and everything.

A flu pandemic occurs when a new influenza virus emerges for people having little or no immunity at all and when there is no vaccine. This is a very real threat and officials aren’t able to predict when the next influenza pandemic will happen of how bad it will be.

The healthcare industry has a lot of workers and a broad range of risks. There are emergency responders, pharmacists, physicians, nurses, administrative personnel, mortuary workers, food service individuals, security professionals, aides, technicians, etc. These workers are in a variety of workplace settings too, including outpatient clinics, hospitals, rehabilitation centers, occupational health clinics, surgical facilities and other emergency response settings. This means that the flu virus can spread to a lot of people very quickly. This makes prevention and emergency response much more difficult.

Make sure that there’s a prevention plan and an emergency plan at your job. It’s important that we take care of ourselves to ensure that we can keep working. Keep the workplace clean, make sure everyone is practicing good hygiene habits and that sick workers are staying away.
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According to the Survey of Occupational Injuries and Illnesses of 2011, the state of Massachusetts has the lowest rate of work illnesses and injuries among the New England states that reported their stats.

Massachusetts also has lower rates than the national average, according to the Massachusetts’ Executive Office of Labor and Workforce Development.

According to the Bureau of Labor Statistics, there were about 70,000 work injuries that were reported among the more than 2.5 million private sector employees in 2010. This means that there were about 3 injuries and illnesses that were reported for every 100 full-time equivalent worker. These numbers represent the lowest in the New England area.

Our Quincy workers’ compensation attorneys understand that more than half of the workplace injuries and illnesses that were reported required the worker to take time off the job, a job transfer or a job restriction. It’s important that you make sure that your workers’ compensation is covering you properly if you’ve been injured on the job. You have a right to workplace safety and you have a right to this compensation should you suffer a work injury. It is critical for you to contact an experienced attorney if you’ve been injured to help to make sure that you’re getting the compensation that you deserve.

The Natural Resources and Mining sector reported the most incidents in the top ten major industry sectors. There were more than 6 incidents reported for every 100 FTEs. This sector employed less than .5 percent of the private industry workforce, too. Workers in this sector need to be provided with the most thorough job training and the safest equipment. When these workers are not properly equipped and corners are cut then accidents happen.

The Education & Health Service sector followed closely behind the Natural Resources and Mining sector. This field reported 5 incidents for every 100 FTEs. On the other hand, this industry employed more than 22 percent of the private industry workforce.

Financial Activities reported the very lowest rates for injuries and illnesses on the job. This industry reported an average of 1 report for every 100 FTE. Grant-making, religious, maintenance and repair companies, professional, civic and other similar organizations followed closely behind and reported less than 3 incidents per every 100 FTEs. Throwing all of these together, these sectors employed nearly a third of the state’s total private industry workforce.

Of the more than 3,000 injuries and illnesses that were reported in the state, only about 800 of them (or about a quarter) didn’t require the worker to take any time off of work. The other 2,300 (or close to 75 percent) required employees to take time off of work, to make a job transfer, to endure job restrictions, etc.
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According to the Federal Reserve Bank of Boston and the Executive Office of Labor and Workforce Development (EOLWD), workers in Boston and the Metro north area have high levels of schooling and also have the largest share of young residents and employees in the area.

This is a plus that is balanced out by the fact that close to 15 percent of the working-age residents in the area don’t have a high school diploma. According to the Massachusetts Department of Labor, the recent report, titled “Labor Market Trends in the Boston/Metro North Region,” illustrates the need for the area to step up its availability of post-secondary education to help workers gain the tools they may need in various career fields. This is especially important at the community college level.

In the Boston and the Metro North regions of the state, it’s critical that state officials work to create and build both educational and career paths for young adults.

Our Boston workers’ compensation attorneys understand that Boston and the metro area have a large population of younger residents and younger workers. A lot of regions of Massachusetts face the demographic challenges of a population that’s aging. In contrast, the Boston and Metro North regions have the largest concentration in Massachusetts of employees and residents who are under the age of 35. According to the most recent reports, close to 50 percent of our region’s labor force fell into this category — workers under the age of 35. This young age group only accounts for about a third of the labor force throughout the entire state so you can see how many we have locally. These young people who live in the area are also likely to be well-educated. As a matter of fact, a good number of them already have at least a Bachelor’s Degree.

These young people are disproportionately unemployed though. People who are between the ages of 16 and 24 accounted for the largest share of jobless people among the different categories of young residents. According to recent reports, these young workers accounted for about 30 percent of all of the unemployed people even though they only accounted for about 17 percent of the civilian labor force in the Boston and the Metro North regions.

Thomas M. Menino, the Mayor of Boston, says that he and officials in the area have directed the city’s investments into the struggling labor market. They’re focusing on making sure that everyone is benefiting from the economic successes in the area. The area is working on strengthening the power of the younger and more educated workers, but Menino stresses an importance of making sure that everyone in the area has a job.

It’s important that workers are in a position that they’re able to handle. Regardless of education, degrees and other schooling, workers need to be properly trained in the jobs they’re required to complete at work. Employers are required to make sure of this and to make sure that everyone is provided with the safety equipment needed. Make sure you’re getting the right education on the job not only to make your day run a little smoother, but to help to eliminate your risks for an accident, too!
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More employees were killed by on-the-job violence in Massachusetts than by transportation accidents in 2011, which has traditionally been the leading killer of employees nationwide.

The Bureau of Labor Statistics reports19 employees were killed by workplace violence in Massachusetts last year, compared to the 17 who died in traffic accidents. Only New York City, the District of Columbia and Delaware join Massachusetts in reporting more workplace deaths by violence than by transportation incidents.

Our Boston workers’ compensation attorneys understand workplace violence has become a high-profile work-safety concern in the wake of ongoing media reports about shootings at workplaces, universities and other public places. However, the government’s definition also includes violent death caused by animals and other episodes of workplace violence not readily considered when we think of these cases, including suicides and convenience store robberies that result in a fatal shooting.

Nationwide, 780 workers were killed by violence in the workplace last year, including 458 homicides and 242 suicides. Another 37 people died as a result of an animal- or insect-related incident. Of the 375 fatal events involving female employees, a male spouse or domestic partner was responsible in about 40 percent of cases. In fact, homicide is now the leading cause of death for women in the workplace.

Robbers were the assailant in about one-third of all fatal attacks on male employees — relatives accounted for less than 2 percent of assailants in such cases.

The Occupational Safety & Health Administration continues to push employers to do more to protect employees from violence in the workplace. The issue goes far beyond those who are killed: Nearly 2 million American workers report being the victim of workplace violence each year.

In 2009, a total of 572,000 nonfatal violent crimes were reported in the workplace against victims over the age of 16, which represents about 25 percent of the total according to the National Crime Victimization Survey. Those most at risk were law enforcement officers, security guards and bartenders. Teachers and taxi drivers also faced above-average risks.

In the last 5 years, about 70 percent of workplace homicides were committed by robbers — 21 percent by work associates.

Environmental factors that may increase an employee’s risk of being victimized by violence on the job include working with money, working with unstable people, working alone and working around alcohol.

However, employers are far from helpless and should develop comprehensive programs aimed at keeping employees safe from violence in the workplace, including the establishment of a zero-tolerance policy when it comes to workplace violence.

Yet these incidences are still less likely to be reported to police than violence that occurs outside the workplace. The number one reason given is that the incident was reported to a company official.

Companies have an obligation to be proactive in addressing such risks. When an incident is not properly addressed, it makes it that much more likely violence will reoccur and other employees will be victimized.
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The number of fatal Massachusetts work accidents jumped almost 20 percent last year, according to new statistics released by the U.S. Department of Labor’s Bureau of Labor Statistics.

Our Massachusetts workers’ compensation attorneys are looking at published results in a series of blog entries. Today, we are looking at the 63 fatal work accidents reported last year in Massachusetts. That’s up from the 54 fatal accidents reported in 2010. Massachusetts is one of 23 states to report an increase in fatal work accidents. Hundreds of others are injured on the job each year.

Workplace violence beat out transportation accidents as the leading cause of death on the job in Massachusetts. Nineteen employees were killed by workplace violence — 17 died in transportation accidents. Delaware, the District of Columbia and New York City were the only other places in the nation to report more deaths by workplace violence than by transportation accidents, which account for about 40 percent of all workplace deaths nationwide.

Fatal Massachusetts Work Accidents by Cause in 2011:

Violence: 19 Transportation: 17 Fires or Explosions: 3
Falls: 8 Exposure to harmful substance: 5 Contact with object/equipment: 9
Fatal Work Accidents in New England in 2011 (2010):

Massachusetts: 63 (54)

Maine: 26 (20)

Rhode Island: 7 (9)

Connecticut: 36 (49)

New Hampshire: 9 (6)

Massachusetts workers’ compensation benefits will pay benefits to an injured employee to cover cost of medical care and lost wages in the event of an accident. Survivor benefits are also available to the family of an employee who is killed on the job. In some cases, this assistance may continue via weekly compensation checks until a dependent child graduates from college. The Massachusetts Workers’ Compensation Act also provides burial expenses and the cost of probate filing, including legal fees.

A surviving spouse who does not remarry is entitled to 2/3 of a deceased spouse’s pay for 250 weeks. In some cases, the parents of a deceased employee may also be entitled to survivor’s benefits. Children may receive benefits until emancipated. However, the amount remains the same regardless of the number of children, so as children are emancipated, the amount paid to remaining dependents increases.

These are complex cases, and certainly an experienced workers’ compensation law firm or wrongful death attorney should be contacted in the immediate aftermath of a fatal work accident. Children do not have to be living with the deceased parent to collect benefits, however they must be judged dependent upon that parent. Too often, a family is victimized a second time by not knowing or understanding all of the benefits to which they are entitled. While nothing can bring back a lost loved one, having the financial resources to which you are entitled is never too much to ask.
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Last week, the Bureau of Labor Statistics reported a total of 4,609 workers in the United States were killed on the job in 2011.

This is the first in a series of blogs published by our Boston workers’ compensation attorneys, which will look at this most recent data to see what can be learned about the risk to the U.S. workforce of serious or fatal injuries on the job.

The statistics reveal more than a dozen people are killed on the job every day in the United States — dozens more are seriously injured. The rate of fatal injury was 3.5 per 100,000 full-time equivalent workers — down just slightly from the 3.6 reported in 2010.

While such a preliminary review of the stats reveals apparent good news — closer inspection makes obvious where the declines occurred through the economic downturn. The typical employee should not expect to be safer on the job this year than last. In fact, the number of serious and fatal accidents is likely to increase as the economy continues to recover.

-Private construction accidents: Declined to 721 in 2011 — down about 50 deaths from 2010. These accidents have declined for 5 consecutive years and are down 42 percent since 2006, before the start of the recession.

-Mining industry accidents: Accidents in the private mining sector declined slightly, mostly due to the absence of high-profile disasters. Coal mining fatalities fell to 17 from the 43 deaths reported in 2010 — that’s the year the Upper Big Branch mine disaster claimed 29 lives, becoming the worst U.S. mining disaster in four decades.

-Trucking accidents: Fatal work accidents among private truckers rose 14 percent — no surprise as U.S. manufacturing continues to pick up and the nation struggles with a distracted-driving epidemic.

– Young workers at risk: The continued downsizing and workforce buyouts also had an impact — young workers were more likely to be injured in 2011. Injuries among those 20 to 24 increased 18 percent, while such accidents declined among workers over 55.

More than 150 work accidents in 2011 claimed more than one life. A total of 354 workers were killed in accidents that claimed multiple victims.

Over the next week, we will look at some of the reasons how and why those deaths occurred. Next up, transportation accidents account for nearly half of all fatal on-the-job injuries. By looking at common causes, as well as risk factors among select industries and occupations, we can better work toward the common goal of reducing the number of serious and fatal work accidents.

In all, nearly half (23) the nation’s states reported an increase in the number of fatal work accidents in 2011 — including Massachusetts, where 63 employees died on the job in 2011 compared to the 54 killed in 2010.
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Cavalieri Construction Co. Inc. was recently cited by officials with the Occupational Safety and Health Administration (OSHA), resulting in more than $40,500 in fines. Officials observed some serious excavation hazards while conducting an inspection back in April at its Addison and Washington Street work sites in Chelsea.

Our Chelsea workers’ compensation lawyers understand that trenching and excavation projects are extremely dangerous when the proper safety precautions are not taken. These work sites need to be monitored constantly as fatal work accident may result from unsafe or dangerous conditions.

According to the Centers for Disease Control and Prevention (CDC) there were more than 270 workers who were killed in excavation or trenching cave-ins from 2000 through 2006. These projects in construction are seriously dangers as data with the U.S. Bureau of Labor Statistics (BLS) determined that there were close to 500 fatalities through the last decade. That means that there were close to 55 workers who were killed every year. About 70 percent of these accidents happened within smaller businesses, or companies that employed fewer than 50 workers. Close to half of these fatalities happened among companies that employed fewer than 10 employees.

“The walls of an excavation can collapse suddenly and without warning – burying workers beneath soil and debris before they have a chance to react or escape,” says OSHA’s Jeffrey A. Erskine of Middlesex and Essex counties.

Violations Observed at the Cavalieri Construction Co. Inc. Work Site:

-Employees who were working on the site and were working at depth and allegedly were not offered the proper protection from collapses. The deepest trench observed with no protection was 9 feet deep. The company received a fine of nearly $40,000.

-This was not the company’s first offense. It was fined back in February for these same offenses at a Braintree work site.

-The company also was cited for failing to keep excavated materials away from the edge of the trench. It was fined more than $2,000. Under OSHA’s safety standards, these materials should be kept at least 2 feet away from the excavation opening to help to prevent cave-in accidents.

Companies that complete excavation projects with trenches deeper than 5 feet are required to make sure that these trenches are protected against collapse.

As a matter of fact, lack of a protective system was the number one cause of trench work fatalities. If you’re working in a trench that’s deeper than 5 feet, you’re required to have one of the following:

1.) A slopped ground.

2.) Benching ground.

3.) Shoring the trench with supports such as planking or hydraulic jacks.

4.) Shielding the trench (using a trench box.

Remember, hazards that are associated with excavation work are well defined and preventable. It just takes some observation, some responsibility and some preparation. Always keep an eye out work these kinds of hazards. You could help to save some lives.
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