Articles Tagged with Fatal Work Accidents

In cases where an employee is killed while on the job, the family will still have to file a workers’ compensation claim, just as the injured employee would have to do in a non-fatal on-the-job accident case. These cases can result in the payment of past medical expenses, reasonable burial and funeral expenses, and the payment of lost-wage benefits in cases where decedent had minor children living at home, or a spouse who survived the worker who was killed on the job, and was dependent on decedent’s income for support.

Workplace Accidents Boston According to a recent new article from CBS Local Boston, a worker was killed in Sharron when he became trapped in a machine. Authorities have said they were called to the scene of the fatal accident, which occurred at a metal fabrication plant located in the Greater Boston area.  When they arrived there around 9:30 a.m., they found the employee had become trapped in a large metal-cutting machine he was operating. Continue reading

In most serious Boston workers’ compensation cases, we have an injured worker who needs to undergo medical treatment, and will also miss considerable time away from work.  These are exactly the type of cases for which the workers’ compensation system in the Commonwealth was established. However, there are also cases in which a worker is killed on the job, and these are also situations where a workers’ compensation claim may be the only appropriate remedy.

Workers’ Compensation as an Exclusive Remedy in Boston Workplace Accident Cases

The workers’ compensation system in Boston, which is codified in Section 152 of the Massachusetts General Laws (M.G.L.) is designed tworkers' compensationo be an exclusive remedy.  This means if a worker is injured on the job in Boston, or elsewhere in Massachusetts, he or she must file a claim with his or her employer in order to have medical bills and the cost of rehabilitation compensation paid, and to receive any money for lost wages during the time of recovery. In terms of a permanent personal injury, there may be permanent benefits paid as well, but these are the only two types of compensation in most workers’ compensation cases.  There is no recovery for pain and suffering, loss of consortium, and other types of special damages typically seen in Boston personal injury cases. Continue reading

In a Boston workplace accident, which results in death, an employee’s family will not only be dealing with the loss of a loved one, they will also be dealing with loss of much needed income for many years to come, and this is and important aspect of a workers’ compensation claim. In addition to payment for medical expenses associated with the fatal injury, and reasonable funeral or burial expenses pursuant to Section 33 of Chapter 152 of the Massachusetts General Laws (M.G.L.), claimants will need to know how the code treats lost wages in a fatal workers’ compensation matter.

Death Benefits in Boston Workers’ Compensation Cases

Boston Workplace Accidents A case in which a worker is killed on the job in Boston is called a death benefits case pursuant to M.G.L. Chapter 152, Section 31.  Under Section 31, benefits are to be paid to a worker who has surviving dependents. Surviving dependents are typically a spouse or children of a deceased worker.  In the event of workers’ death, M.G.L. provides payment to surviving dependents if they are “wholly dependent” on support from the deceased worker at the time of his or her death. Continue reading

Working in a factory can be a dangerous job.  There are a lot of ways to get injured including slip and fall accidents, machine guarding accidents, heavy equipment accidents and falling inventory.  In some cases, there is a catastrophic failure at the factory such as one recently reported by Fox News where a cosmetics factory exploded resulting in one death and over 125 workers injured.

Boston workers' compAuthorities have said there were actually two separate explosions that occurred before cosmetics factory went up in flames.  Some of the injured were firefighters that were responding to the massive blaze. Once the injured had been triaged on the scene and taken to local hospitals, a count was taken and one worker was reported missing.  As investigators and first responders were combing through the wreckage, they discovered the remains of the missing worker.  He was 57-years-old at the time of his death. Continue reading

The United States Occupational Safety and Health Administration (OSHA) is investigating a fatal accident in which a worker was killed during a snow removal operation, according to the Chicago Tribune.

snowAuthorities have said the victim was a carpenter hired on for the project that involved a major renovation at a storm water reservoir.  This is a major project that is estimated to cost around $640 million by the time it is complete.  The man was 55-years-old at the time of his death when he was hit by what is known as a rough terrain vehicle being used to clear snow so the work on the reservoir could continue. Continue reading

When people go to the circus, they go to see the amazing things all of the performers can do.  This is especially true in the case of Cirque du Soleil, where they don’t have any animal acts in the show.  Many of the things these performers do during the show are dangerous or “death-defying,” as P.T. Barnum use to say.

construction hatHowever, in addition to the many talented performers, there are also many people on the crew that work to get the show up and running. While working on the crew is not typically billed as a daring stunt, like many other jobs, it can be dangerous or even deadly.  According to a news report from CBS News, the United States Occupational Safety and Health Administration (OSHA) is currently investigating an accident that involved a crew member of a Cirque du Soleil “Luzia” show that resulted in the crew member’s death. Continue reading

On December 2, 2015, 15 people were killed and 22 more were seriously injured in a mass shooting in San Diego that was later classified a terrorist attack.  This was the horrific incident that involved a husband and wife who targeted a training meeting for employees of the United States Department of Health and Human Services, as well as an office holiday party. The couple who were killed by the police while attempting to get away had also planned to detonate a bomb.

gunNow more than a year has passed, and the victims are still suffering from serious medical conditions, both physical and mental, and they are being told that treatment is no longer going to be paid for to the same degree as it had, according to a recent news article from The New York Times.  However, these victims are not fighting with a health insurance company, but rather with the workers’ compensation policy holders and plan officials, because many of these injures were classified at as workplace injury. Continue reading

Working in the construction industry can be very dangerous. Many people are injured or killed each year as a result of using power tools, being crushed by heavy construction vehicles, and from fall accidents. According to a recent news article from the New York Times, a 62-year-old construction worker died after falling from a building in East Harlem in New York City.

mYDyjiyAuthorities say workers were performing major repairs on the building when the fatal on-the-job accident occurred. This was not one of the city’s well known skyscrapers, but the six story fall was clearly enough to prove fatal. Victim was working to replace rain gutters on the roof at the time of the fatal workplace accident when he fell to his death. Continue reading

According to a recent news feature from CNN, a woman was working in a bakery mixing dough around 10 a.m. when she was killed in what is being described as an accident involving an industrial mixer. Authorities say she was using the large piece of commercial baking equipment to mix dough when she became trapped in the auger that was being used to mix raw dough.

bread-p-atilde-o-2-1561228-300x225It should first be noted that this machine was around three feet high and was not one of the giant mixers you might be picturing that would be used at a massive baking factory. While authorities are not completely sure as to why this fatal workplace accident occurred, it is believed she was wearing loose clothing that managed to become trapped in the augers. When this happened, she was actually pulled into the vat of dough and was killed. Continue reading

In the Commonwealth of Massachusetts, along with the rest of the nation, the workers’ compensation system is designed in such a way the claimant does not have to prove he or she was injured on the job as a result of the negligence of his or her employer, as it would be for a typical personal injury case. In a workers’ compensation case in Massachusetts, it is only necessary to establish that employee was injured and that his or her injury occurred on the job, or that employee suffered an illness that is work-related.

mke8KlCFor an example of a work-related illness, the nail care industry is a good place to start. Many technicians spend their entire day working with harmful chemicals that cause skin conditions and respiratory illness, including severe breathing disorders. An employee who is eventually unable to work as result of severe respiratory illness would be required to show he or she had become sick as result of working in the nail salon. There would, however, be no need to prove the employer was negligent in any way. Continue reading

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