Worker's Compensation

July 7, 2010

Massachusetts trooper injured after being struck by passing motorist

A Massachusetts state trooper suffered a leg injury after being hit by a passing car during a traffic stop, the Boston Globe reported.

As we reported last month on our Boston Personal Injury Attorney Blog, more than half of all law enforcement officers who are killed in the line of duty die as a result of a traffic accident. In fact, traffic accidents are a leading cause of Massachusetts work injuries. Employees, including law enforcement and construction workers, who are injured in a traffic accident while on the job should consult a Massachusetts workers’ compensation lawyer to help protect their rights.

The trooper was treated and released from North Shore Medical Center-Union Hospital in Lynn and is expected to be on injury leave for several days. Shortly after midnight July 4, the trooper had pulled over a driver who had swerved into the breakdown lane of southbound Route 128. A passing silver sedan sideswiped the trooper, who attempted to jump out of the way. The car struck the trooper’s leg and did not stop.

If caught, the driver could face a range of charges, including violation of Massachusetts Move Over Law, which requires motorists to move over and slow down when approaching stopped emergency vehicles or maintenance vehicles with activated flashing lights.

Police are asking anyone with information on the identity of the driver to contact the State Police barracks in Danvers at 978-538-6161.

Our Massachusetts injury lawyers reported last month that a 52-year-old trooper was killed on I-95 when he was struck by a passing vehicle during a car stop. Both drivers in that case have been charged with drunk driving.
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July 2, 2010

Mass layoffs can increase risk of Massachusetts work injuries or mask retaliatory firing in workers’ compensation cases

by Jeffrey S. Glassman

The economic downturn has lead to an unprecedented number of mass layoffs, which can mask illegal labor practices, including an employer’s attempt to shed itself of workers who have filed injury claims.

Our Massachusetts work injury lawyers fight for the rights of clients who have been injured on the job or who have been fired in retaliation for filing a work injury claim.

The Bureau of Labor Statistics reports that 1,412 mass layoffs occurred in May, resulting in the termination of 135,789 employees. In each case, at least 50 jobs were eliminated. In the 30 months since the economic downturn began — from December 2007 to May 2010 — a total of 60,205 mass layoffs have resulted in the dismissal of more than 6 million employees.

Employers who use layoffs to dismiss injured workers, or workers who have voiced concern about dangerous job conditions, have likely violated the law. Layoffs also pose a number of safety concerns for workers who remain on the job. Fewer employees can increase the demand for productivity and can lead to other safety hazards. Reduced training and the threat of job loss can also put workers at increased risk while making employees hesitant about bringing safety concerns to the attention of management.

Most troubling of all, the threat of layoffs can discourage an employee from filing a work injury claim in the event of an accident, which can have serious consequences. Workers who are injured on the job are entitled to collect through a Massachusetts workers’ compensation claim. However workers’ compensation has strict reporting requirements and other mandates; failure to follow the guidelines can leave an injured employee without the ability to collect. Additionally, many work accidents, including back and neck injuries or exposure to harmful chemicals, can result in medical complications months or even years after the event. In such cases, a worker who has failed to follow the proper procedures in reporting an injury, may not be entitled to collect compensation even if he or she needs additional medical care or becomes disabled as a result of an injury while on the job in Massachusetts.

There are strict laws that prohibit employers from retaliating against workers who are injured on the job or who report dangerous work conditions. These workers may not be dismissed under the guise of a downsizing. Consulting a Boston work injury lawyer can help protect your rights.
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June 25, 2010

Massachusetts work accident injures two at utility facility

by Jeffrey S. Glassman

Two employees of NSTAR were injured in a Massachusetts work accident Thursday afternoon after a reported explosion at the utility’s Charlestown facility, the Boston Globe reported.

One worker was severely burned and another suffered smoke inhalation. Both were transported to Massachusetts General Hospital. The workers were performing routine maintenance at a substation adjacent to the Mystic power plant in Everett when the incident occurred at about 1:30 p.m. Investigators are trying to determine how and why high-voltage electricity escaped from insulated wire, which caused a “flash incident” and injured the workers.

The company said the injuries were not life threatening. However, anyone injured on the job should seek the advice of a Massachusetts workers’ compensation lawyer to help protect their rights. Complying with reporting requirements and other legal mandates is essential to ensuring that you are protected in the event that future complications make it necessary for you to receive additional medical care or take time off from work. In the event that you later become disabled as the result of a Massachusetts work injury, it will be critical to show that your disability stems from an on-the-job injury.

Failure to follow the appropriate steps in the wake of a seemingly minor work injury can have a drastic impact on your future financial well-being. Tragically, some employees who have been injured on the job fail to seek the advice of a qualified attorney. By the time they determine a company is not acting in their best interests, it can be too late to seek the compensation to which they would have been otherwise entitled.

The Boston Herald report is available here.
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June 22, 2010

Massachusetts construction accident seriously injures worker, halts courthouse construction project in Salem

by Jeffrey S. Glassman

A Massachusetts construction accident has led to a stop-work order on the J. Michael Ruane Judicial Center in Salem.

The Salem District Court project on Federal Street in Salem was halted by the state last week after a 500-pound panel fell, seriously injuring a worker. Daniel O’Connell’s Sons of Holyoke, the project’s construction manager, told the Salem News that it has been ordered to stop installing the limestone panels.

The $106.5 million project includes 195,000 square feet of building space. Construction began in June 2007 and is scheduled to be completed in June 2011, according to the Massachusetts Division of Administration and Finance.

Two investigations are under way as officials attempt to determine the cause of the Massachusetts work accident. The construction manager has hired a private engineer to review the installation of the panels. Meanwhile, the federal Occupational Safety and Health Administration is also investigating the incident.

The 34-year-old construction worker was listed in fair condition on Friday at Massachusetts General Hospital. He was hospitalized on Tuesday after his legs were badly injured when a stone panel fell four stories and shattered on the ground.

The man is employed by General Mechanical Contractors of Auburn, a heating and air-conditioning subcontractor. That company said it was not involved in the cause of the accident.

Construction crews continue to work on other parts of the building but the accident scene remains roped off with police tape.
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June 21, 2010

Highway work a frequent cause of Massachusetts work accidents

by Jeffrey S. Glassman

The death of 52-year-old state police Sgt. Douglas Weddleton, who was run down Friday night while working at a road construction site on I-95, has put the spotlight on Massachusetts road construction accidents and accidents involving police officers and emergency responders.

The Enterprise News reports the story of Trooper Mark Lombardi, who was reaching for the microphone in his cruiser to call a tow truck for an early morning accident on Route 24.

He woke up 12 hours later in the hospital. A drunk driver traveling more than 80 mph slammed into his cruiser in the breakdown lane of Route 24 southbound, near the Route 139 exit in Stoughton.

It was the first of three times his cruiser has been struck on state highways.

The Federal Bureau of Investigation reports that more than half the officers killed accidentally in 2008 died as a result of an automobile accident.

A July 2003 crash on Route 25 in Wareham left Trooper Ellen Engelhardt with permanent brain injuries. She is now in a nursing home.

For every fatal accident, there are 1,000 close calls. Traffic accidents while on the job are a leading cause of Massachusetts workers’ compensation claims.

Massachusetts Move Over Law took effect last March and requires all drivers to move over and/or slow down whenever an emergency or maintenance vehicle is display flashing lights. Please comply with this law. You could not only save yourself the hassle of a ticket, you could save a life and send a father or mother home safe to their family.

Friday’s accident occurred at a road construction zone, where Massachusetts work accidents are a common danger. As we reported last week on our Boston Personal Injury Attorney Blog, the Federal Highway Administration estimates that more than 1,000 workers are killed each year in highway accidents and more than 52,000 are seriously injured.
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June 1, 2010

Boston motorcycle accidents injury police officers

by Jeffrey S. Glassman

Two Boston police officers were injured in Massachusetts motorcycle accidents, which occurred within blocks of each other in Roxbury, the Boston Globe reported.

One of the officers was off-duty and riding his personal motorcycle when he was involved in an accident at Warren Street and Martin Luther King Boulevard. The second officer was on duty and responding to the first crash when he was involved in a motorcycle accident in the 500 block of Warren Street while riding his department motorcycle. While many people may not associate work accidents with traffic crashes, serious and fatal traffic accidents are a leading cause of Massachusetts work accidents.

The Bureau of Labor Statistics reports that 1,044 of the 5,214 fatal work accidents reported in 2008 involved highway accidents, not counting those accidents that occurred on city streets.

Both officers were transported to Boston Medical Center for treatment and the causes of the accidents are under investigation.

You can watch the report from My Fox Boston here.
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May 24, 2010

Employee pulled into sausage machine in Massachusetts work accident

by Jeffrey S. Glassman

A Danvers man was hospitalized for injuries sustained in a Massachusetts work accident after being sucked into a sausage machine at the DiLuigi Sausage Company, the Salem News reported.

The man was working as part of a cleaning crew when he was partially sucked into a seasoning machine as he was cleaning inside a “vacuum-type cylinder,” according to police.

The machine was somehow switched on while he was still inside, causing him to be pulled underneath; his head and shoulders were lodged in the machine. He was removed from the machine and taken to Beverly Hospital to be checked for internal injuries.

Police say a language barrier prevented them from speaking with the man at length about the accident. The Occupational Safety and Health Administration was called to the scene to investigate.

OSHA received reports of nearly 3.7 million work accidents in 2008 and investigated 5,214 fatal work injuries. The most common injuries involved sprains and strains, followed by back injuries and falls.

Highway accidents were the most common cause of fatal work injuries (1,044), followed by falls (658) and workplace homicide (453).
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May 23, 2010

Massachusetts worker’s compensation claims can go unreported in face of aggressive work-safety programs

by Jeffrey S. Glassman

In one Massachusetts case, an employer called in 17 union workers and told them they had too many work injuries — one more and they would be fired. The union called the Occupational Safety and Health Administration, which called the employer about the illegal action.

In another case tracked by Labor Notes, a trade labor organization, a food warehouse with 150 workers handed out prizes for months with no accidents. If an employee was injured, no prize. Then the company reportedly decided that injured employees had to wear a fluorescent orange vest for a week — like a Scarlet Letter — so everyone would know who cost them their prizes.

Hiring a Boston worker’s compensation attorney can be critical to protecting your rights in the wake of a serious Massachusetts work accident. The laws are complex. And, as these cases illustrate, employers do not always comply with the labor laws in place to protect the health and welfare of employees. Obtaining fair and just compensation for a serious work injury can have an enormous impact on the future financial well-being of you and your family.

Labor Notes reports such blame-the-worker programs are flourishing even as companies cut employees and contribute to the understaffing and high work loads that are frequently responsible for workplace accidents.

Such behavior-based safety programs frequently run afoul of the law and can include:

-Safety incentive programs.

-Injury discipline policies, including termination.

-Post-injury drug testing.

-Peer-review programs where one worker observes another.

Such programs encourage the belief that workplace behavior — and not management and environmental factors — are the primary cause of work accidents. However, reducing work hazards is the most successful course for reducing work injuries. Behavior-based programs often do little more than discourage claims and drive injury reporting underground.

Labor Notes blames such practices for deceptively low injury rate figures leading up to a catastrophic event and points to the low accident rates reported at a Texas oil refinery before a 2005 explosion killed 15 employees and injured 180.
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