Massachusetts Workers Compensation Lawyers Blog

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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Workers listen up! Have you heard about Anaphylaxis? Well, it’s a life-threatening allergic reaction that can kill you. Food allergies are the number one cause of anaphylaxis. These kinds of allergies affect close to 10 percent of all children under the age of 18 and close to 5 percent of all adults, according to the American College of Occupational and Environmental Medicine.

From 1997 to 2007, then prevalence of these food allergies increase by close to 20 percent in kids under the age of 18. The potential risks associated with this kind of reaction occurring in a worker or a customer, especially among those employed in food services and/or working with vending machines, has skyrocketed.

Our Quincy workers’ compensation lawyers understand that anaphylaxis can be triggered by a number of allergens. Some of these allergens can include food, venom from insects, latex and even medications. What makes this problem tough to handle is that many people who have these allergies are not able to identify exactly what causes the reactions, putting them at serious risks for life-threatening reactions. For these reasons, it’s important that employers eliminate the risks that are associated with this condition.

So what can an employer do?

-Make sure that you have a epinephrine auto injector on site. People who are at risk for these kinds of reactions don’t always carry their own auto-injectors with them. Others may not even know that they have this allergy.

-Make sure that everyone on the work site is aware of the dangers that are associated with anaphylaxis and know how to avoid these dangers.

-Consider creating an awareness campaign to help to get the message out about the risks.

There are other things you can do to mitigate the risks. It’s important that you know the ingredients of the material that you’re working with on the job. You must stay away from high-risk areas if you know that you’re allergic to these ingredients. This also includes any areas that might house insects with the venom.

It’s also important for you to keep an epinephrine auto-injector with you or nearby if you know you have these allergies. These injectors should be used immediately in the event of a reaction. The National Institute of Allergy and Infection Diseases (NIAID) stresses that any delay can produce fatal results.

It’s important that employers are aware of all of the dangers and the hazards that can be present on the work sites. Many times, there are risks, such as anaphylaxis, that are overlooked by employers You’ve got to make sure that anything and everything that could cause harm to you on a work site is eliminated!
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You see it on the news all the time. Convenience stores are robbed each and every day. It’s not the stolen goods that concern us, but the safety of these vulnerable workers. The most common type of work danger that these employees face is robbery and assault.

Each and every year, there are about 30,000 convenience store workers who are at risk for injuries that are related to robberies. Many of these incidents can result in serious or fatal injuries.

Our Braintree workers’ compensation lawyers would like to remind all night-shift workers to be safe and to be alert to their surroundings. You can work to reduce your risks for one of the incidents, but ultimately it’s your employer who is responsible to make sure that the premise is secure and safe. This can include making sure that there are security lights, the parking lot is well lit, and that there are security cameras. It also means using common sense in scheduling employees to work alone, particularly young women. It’s up to you to make sure that your employer is making sure that all of the proper safety precautions are being taken to ensure your safety on the job. Your job should be fun and enjoyable, never dangerous or threatening.

Robberies are the most common crime committed at convenience stores across the nation. Unfortunately, many of these robbers come with no concern for the workers at the establishment. They’ve got their eye on the prize and they’ll stop at nothing to get it.

It’s when robbers and even every day customers get angry that workplace violence occurs. According to the Centers for Disease Control and Prevention (CDC), there are about 1.7 million people who are the victim of a violent crime on the job every year. About 75 percent of these incidents were merely simple assaults while the rest were considered aggravated assaults.

From 1992 to 2010, there were close to 14,000 people who were the victims of homicide on the job. This means that there was an average of more than 700 each year.

Employee safety requires that all employees are trained and that there’s a commitment from everyone in the company. Store security should be taken very seriously to help to protect workers.

Keeping Your Store Safe:

-Never let anyone in after hours.

-Never work alone.

-Always leave the radio or the television on in the back room to make it appear that someone is close by.

-Ask local law enforcement officers what to do should there be a robbery taking place at your location.

-If you’re ever robbed — DO NOT RESIST.

-Keep store windows clear.

-Never keep large bills accessible during off-peak hours.

-Make sure every customer is greeted to alert other employees.

-Keep height markers on the door trim to aid in descriptions.
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Opioid medications for the treatment of various kinds of pain are a serious drive of medical indemnity costs in workers’ compensation claims. According to a recent study, “The Effects of Opioid Use on Workers’ Compensation Claim Cost in the State of Michigan,” these medications are complicating the treatment picture.

Researchers looked at four years of claims in Michigan and what effect these prescriptions had on the workers’ compensation claims that were filed.

Nowadays, more and more patients are being prescribed opioid medications. They’re also being handed out in higher dosages in their purest of forms. Many of these patients are injured workers and they’re being given to them regardless of their previous medical conditions or their current health risks, according to Claims Journal.

Our Boston workers’ compensation attorneys understand that the patients may also be denied the proper pain medication out of an overabundance of caution. Oftentimes they’re accused of gaming the system. Unfortunately at the same time, there are a number of injured workers who are over-prescribed and become addicted to the painkiller. A proper regiment of pain medication is often a critical quality-of-life issue for those seriously hurt on the job.

There’s been an overwhelming problem in recent years regarding the over-prescription of these medications, the addiction to them and the deaths they’ve cause, according to the Centers for Disease Control and Prevention (CDC).

“To our knowledge, this is the first scientifically validated study to demonstrate that long-acting opioids,” said Jack Tower, MS, Medical Trends specialist for Accident Fund Holdings.

Accident Fund Holdings has been keeping a close eye over the prescriptions and the use of opioids for pain for a number of years. All of this research concluded that there is a need for officials to look at and even intervene in these kinds of claims when patients are treated with the prescription of opioids.

Tower goes on to say that he and his organization are focused on making sure that these workers are not being subjected to addiction and that they’re able to return back to work as soon and as healthy as possible.

What exactly are opiods?

Opioids are medications that are designed to relieve pain. What they do is reduce the intensity of the pain signals that are reaching your brain. These are the signals that affect your emotions, which is why the pain diminished when these waved are altered. Some of the common medications that fall under this category are codeine, morphine, oxycodone and hydrocodone.

If you have any questions regarding the treatment and the compensation that you’re receiving for a work accident, it’s critical for you to contact an attorney. Work accidents are no joke and needed to be treated seriously, not with just medication to mask the pain.
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Officials with the Occupational Safety and Health Administration (OSHA) recently announced they will be conducting increased enforcement on residential construction sites for another three months. Now, the efforts will continue on through the 15th of December. During this time, officials will be conducting free on-site compliance assistance, increased outreach programs and promoting measures to ensure consistency.

Officials with OSHA have been working closely with the construction industry to help to make sure that employers, supervisors and companies are complying with all of the residential construction measures. Since October of last year, officials with OSHA and its On-site Consultation Projects have performed close to 3,000 on-site visits. In addition, they’ve also conducted more than 900 training sessions and have put on close to 450 presentations to help to protect workers in the industry from fall accidents.

Our Boston construction accident attorneys understand that construction workers are at high risk for fall accidents. Fall accidents in this industry account for about a third of all construction work fatalities, making them the leading cause of death in the industry. According to OSHA, one out of every ten construction site employees are injured every year.

Every year, there are close to 200,000 accident injuries in the construction industry. In addition to falls, contact with equipment is also one of the top causes for these accidents. It’s usually workers between the ages of 25- and 34 who are injured in these kinds of accidents. Unfortunately, most of these injuries involved an employee’s trunk, spine or back.

To help to ensure that these accidents become less common on construction sites, officials with OSHA are conducting various outreach activities. Since last year, they’ve conducted more than 800. The Administration says that it will continue its work with employers and with employees.

In the construction industry, there were nearly 300 fatal deaths from falls to lower levels in 2010. In total, there were close to 800 fall fatalities.

It’s important that these workers are provided with the proper safety equipment. It’s the employees who work at least six feet above a lower level who are more at risk. Oftentimes, this includes those working on scaffolds and ladders. Workers need to have the proper personal fall arrests systems (PFAS). These devices must fit properly, must be regularly inspected and must be in good-working condition. When and employer estimates the cost of a job, they should include safety equipment as well as plan to have all the necessary equipment and tools available at the site.

The trouble with these kinds of accidents is that they’re completely preventable. That’s why officials are urging employers to participate in this awareness campaign and work to provide employees with the best safety measures available. After all, it’s the law!
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There are more than 800 stores under the operation of Monro Muffler Brake Inc. This company provides tire services and auto repair to residents throughout the eastern part of the country.

Recently, the company came to an agreement with the U.S. Department of Labor (DOL). The enterprise-wide agreement states the company will create and enact specific procedures to help to protect workers from being struck or crushed by any of the hydraulic lifts on its work sites.

According to the Occupational Safety and Health Administration (OSHA), the company was cited last September by state officials. One of its Stoughton locations was inspected and officials discovered that these hydraulic lifts were not being properly inspected or properly maintained in addition to a number of other hazards. That inspection was the result of an April accident in which a lift failed, dropped the vehicle to the ground and striking an employee. During the initial investigation, the company was fined nearly $20,000 for various citations.

Our Stoughton workers’ compensation lawyers understand that hydraulic lifts are used in a variety of occupations. Not only are they commonly found in the workforce, but they are commonly misused as well and wind up injuring and killing workers every year. Whether you’re a muffler installer or a tire tech, chances are that you’re working around one of these devices. It’s critical that safety rules and regulations are emphasized on the job. Failure to heed car lift safety rules can result in injury or death.

If you work with a hydraulic lift on the job:

-Make sure you’ve got the proper training before you start work with a life.

-Make sure that the lift is inspected before every shift.

-Always be sure that the lift’s locking devices engage before starting work under a vehicle.

-Make sure that you always wear the proper eye protection under the vehicle.

-Be sure that the vehicle is balanced and centered on the lift.

-Always check ceiling clearing before engaging a lift.

-Always check the vehicle to make sure it’s stable before lifting too high. Always check at about knee height.

-Make sure that the area is clear before lowering the lift.

-Never lift a vehicle that has people inside.

-Never overload the lift or exceed the capacity.

-Never stand under a lift that does not have the locking mechanisms engaged.

-Never try to fix a lift yourself. If it’s broken, notify your supervisor to contact the company.

“That means safer working conditions for thousands of workers at hundreds of workplaces,” said Marthe Kent, OSHA’s regional administrator.

Under the agreement laud out for Monro, the company will have a new maintenance and inspection program for its lifts and will work to better train operators. It has also agreed to pay more than $12,000 in fines for the violations initially observed.
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