Articles Tagged with Boston work injury lawyer

A man shot repeatedly while sitting in a vehicle outside the convenience store where he worked. Now, the state high court in Pennsylvania has ruled that he is indeed eligible to receive workers’ compensation benefits for those injuries. gun

Judges with the Commonwealth Court ruled the injuries were indeed work-related, noting he was shot shortly after he was threatened by the relatives of a woman he just had arrested for stealing. The state court ruling upheld the finding of a workers’ compensation judge and the Workers’ Compensation Appeal Board. His employer had appealed to the top court in an attempt to try to deny payment for the incident, which happened in May 2008. A big part of the reason the store fought so hard against payment was likely because, as records show, the company didn’t have the required workers’ compensation coverage at the time of the incident. That meant payment for the injury was on the state’s uninsured employer guaranty fund.

The case, although out-of-state, highlights how we define covered injuries in the context of work-related violence. The Occupational Safety and Health Administration considers workplace violence to be any act or threat of physical violence, intimidation, harassment or other threatening disruptive behavior that happens at work. Approximately 2 million workers in America are victims of this every year. However, not all have an easy time securing workers’ compensation benefits.  Continue reading

The Ohio Supreme Court considered recently a workers’ compensation case involving two types of disability claimed by the same worker. woman

Although this isn’t a Massachusetts case, it’s worth a look from our Boston workers’ compensation lawyers because sister courts often take into account one another’s decisions in considering similar cases, especially those of first impression.

In this matter, claimant, S.R., was receiving permanent total disability payments on the basis solely of a psychological condition in her workers’ compensation case. However, she later applied for permanent partial disability benefits on the basis of physical conditions on the exact same claim. Should this be allowed? Continue reading

According to a recent news article from PIX 11, a worker for an environmental protection contractor was killed when he fell into a huge concrete tank at a wastewater treatment facility in Brooklyn, NY.

waste water treatmentHe was an employee of a contractor that had been hired to perform some major work at the city’s wastewater treatment plant.  Specifically, the worker was there to install a system to de-chlorinate water that had already been treated.  The equipment was being installed into a water channel at the facility. Continue reading

Supervisors are those promoted by companies and entrusted by businesses to ensure things run smoothly and workers are properly trained and safe. But when that does not happen, can those supervisors be held separately accountable?trucksontheroad

According to the recent ruling by the Missouri Supreme Court in Parr v. Breeden, the answer is: No. It all comes down to the trade-off workers made in the so-called “grand bargain” of workers’ compensation. In that deal, made many years ago when workers’ compensation laws were first written, involved workers forfeiting the right to sue employers – even when they were negligent – in exchange for expedient, no-fault benefits when they were hurt or killed on-the-job. But it’s not just the company that is shielded by this “exclusive remedy” provision. It is our co-workers too. Even supervisory co-workers.

In all except the most egregious of circumstances, individual co-workers and even supervisors aren’t going to be found individually liable for injuries suffered by a subordinate at work. It may still be worth exploring in some instances because, particularly on construction sites, who qualifies as a “co-worker” and who is a “supervisor” might not be exactly clear. It could come down to the contract drawn up by the various contractors and subcontractors involved. Continue reading

According to a recent news report from Safe to Work, a second accident involving a piece of equipment known as integrated tool carrier, or IT carrier, has occurred within a relatively short period of time.  This incident occurred in March.  There two workers in the basket were working on excavation and removal of two large pipes running under the city sidewalk.

construction-krane-1429442-mThe lift was raised nearly as high as it could, and it would provide the workers access to the pipe labeled for removal.  However, after reaching its maximum height, the person in control decided to just tilt the basket upwards and diagonal to get the workers even closer to the pipe being removed.  Continue reading

According to a recent news feature from the New Haven Register, a construction worker was severely injured while on the job when he was involved in a scaffolding accident.  Witnesses say the 47-year-old worker was working on a scaffold that was more than six stories up the side of a hospital building in Hartford when the workplace accident occurred.

scaffold-1-1543984While he was up on the scaffolding, there was a total structural collapse, and everything came crashing down, including the construction worker.  He fell more than 60 feet to the ground along with parts of the scaffolding on which he was previously standing.    One witness said he heard the scaffolding come crashing down, and it sounded like metal waste being thrown in a construction dumpster.  He said he had no idea there was anyone on the metal scaffolding at the time of the on the job accident.  The victim was severely injured in the accident was not conscious when first responders arrived at the scene and attempted to provide immediate medical attention. Continue reading

Harsh working conditions in slaughterhouses and meatpacking plants are not a new phenomenon in the meatpacking plants of Chicago and other cities across the United States. The problem was first brought to public attention when journalist Upton Sinclair published his now famous novel, The Jungle, highlighting the plight of immigrants and other workers

mmftBzMAs a result of this novel and many subsequent changes in worker’s rights laws, most workplaces have been a lot safer, and this includes slaughterhouses.  However, according to a recent news article from NPR, the latest government report is not capturing the total number of accidents in the meat and poultry industry.  Continue reading

According to recent news feature from 7 News Boston, a construction worker was on the job in Easton, Massachusetts performing work in a manhole when he was struck by a car and severely injured.

workerexcavatorAuthorities say the tragic workplace accident occurred around 10:30 a.m. on a roadway in a local condominium complex.  The 45-year-old construction worker was performing repairs and maintenance on the septic system that was only accessible via a manhole cover in the complex’s parking lot. Continue reading

A recently filed lawsuit claims that four of the largest workers’ compensation insurers in California hacked into plaintiff electronic files maintained by their workers’ compensation attorneys.  They claim these four companies hacked into the various systems of a number of years and were specifically looking for attorney client privileged documents.

money-problemsThe reason the lawsuit claims these large workers’ compensation insurance companies hacked into these files was because they wanted to use the allegedly stolen documents to give them a major advantage during litigation of workers’ compensation claims.  In other words, these four workers’ compensation insurance carriers could deny claims, and then whey they go to trial to defend the claim’s denials, they would have access to what injured workers discussed wither their attorneys and use this information to their advantage in court, according to allegations contained in a recent news feature from Business Insurance obtained from the complaint filing as part of this matter. Continue reading

According to a recent news report from News 4 Jax, a 69-year-old construction worker was killed while working at a construction site.  In this case, he was working on a massive pavement project when a street sweeper came by and hit him.  He was run completely over by the street sweeper and crushed by its massive wheels and brushes.

street-sweeper-1424198As soon as he was hit by the street sweeper, his fellow construction workers dialed 911. When first responders arrive at the scene of what would eventually prove to be a fatal on-the-job accident, the man was in very bad shape.  First, they had to work to get him out from under the massive street sweeper with the help of the fire department.  They could not risk simply driving the huge commercial vehicle off the man because that would likely result in significantly more damage. Continue reading

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