Boston Injury Lawyer Blog

In Boston, the lives of two window washers were left hanging 37 floors above a street in the Financial District when the scaffold they were standing on collapsed. Julio Ortiz and Kyle Redmond banged on the windows of the skyscraper they were working on, calling for help.

Firefighters broke the windows, working carefully to pull the two window washers back into the building. The two men managed to stay tethered to rigging connected to the roof while they stood on the now slanted platform.

Redmond was treated at Massachusetts General Hospital for non-life threatening injuries and later released from the emergency room. Ortiz did not sustain serious injuries.

The two window washers are employed by Harvard Maintenance Company.

Scaffolding Accidents
According to the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, 88 workers died in scaffolding accidents in 2007. 72% of the workers that got hurt in scaffold accidents say the work accident happened because the support or planking gave way or because the worker was hit by a falling object or slipped. These kinds of scaffold accidents are preventable.

Scaffolds are often used by window washers, construction workers, and others whose jobs require them to work from great heights outside buildings and other large structures. A scaffolding that collapses can result in fatal fall accidents, traumatic brain injuries, spinal cord injuries, and other catastrophic injuries.

Window washers, construction workers, and others injured in Boston work accidents are likely entitled to Massachusetts workers’ compensation benefits. They may also be able to sue a negligent third party for personal injury or wrongful death. For example, if a scaffold collapsed because it was defective or malfunction and its manufacturer could have prevented the accident from happening, then the injured party may have grounds for a Boston products liability lawsuit.

A lurch and a lifeline 37 floors up, Boston.com, August 6, 2009

Window washers rescued from 37-story plunge as platform collapses, Boston Herald, August 6, 2009

Scaffolding, US Dept. of Labor

Related Web Resources:
High Risk: Despite Regulations, Scaffold Accidents Continue, Safety.com

OSHA

Continue reading "Scaffold Malfunction Leaves Two Boston Window Washers Dangling 37 Floors" »

According to a report coauthored by the Western Massachusetts Coalition for Occupational Safety and Health and the Massachusetts AFL-CIO, 66 Massachusetts workers died last year while at work or because of illnesses they sustained while doing their jobs. Last year’s fatality figure is less than for 2008, when 80 Massachusetts workers died. Massachusetts Coalition for Occupational Safety and Health Executive Director Marcy Goldstein-Gelb says many of these fatalities could have been prevented if basic safety measures had been implemented rather than overlooked for profit.

Most Massachusetts worker deaths occurred in the construction industry. The 17 construction accident fatalities were a result of numerous causes, including fall accidents and machinery accidents. However, taxi drivers, firefighters, and fishermen were just some of the Massachusetts workers who died last year in work-related accidents.

Advocates are speaking out against the Occupational Safety and Health Administration for not doing enough to protect workers and inspect work sites. In 2008, OSHA fined Massachusetts companies about $9,939 for safety violations resulting in worker fatalities, which doesn’t give employers a lot of incentive to make sure that workers are kept safe. Work safety advocates also want more to be done to protect immigrant workers, who make up 24% of Massachusetts worker deaths, even though they only make up 17% of the state’s workforce.

Workers Memorial Day
Across the US, today is Workers Memorial Day, which is a day to remember workers that have died because they got injured or sick due to their jobs. Nationally, the AFL-CIO is reporting 5,657 worker fatalities in 2007 and over 4 million injuries or ailments—with 50,000 to 60,000 workers suffering from occupational diseases each year. It is important to note, however, that many work injuries and deaths may go unreported.

HR 2067, which has been introduced by US lawmakers, would implement tougher laws designed to protect workers and give them more rights when it comes to safety.
Also, fortunately, many workers who are injured or get sick on the job can avail of Massachusetts workers’ compensation benefits.

66 died on job in Mass. last year, Boston.com, April 28, 2009

Workers Memorial Day 2009 Materials Ready Now, AFL-CIO

Related Web Resources:
2009 Workers Memorial Day Celebration, Massachusetts Jobs with Justice

Western Massachusetts Coalition for Occupational Safety and Health

Massachusetts AFL-CIO

Continue reading "Boston Workers' Compensation Law Firm: 66 Massachusetts Workers Died Because of Work-Related Accidents and Ailments in 2008" »

An outside inspection of the Boston Fire Department’s 44 fire trucks found that the department practices shoddy fleet maintenance across the board. Some of the deficiencies noted by the report:

• Not enough driver training.
• Vehicle abuse or misuse.
• Weak vehicle specification when determining how to handle and care for specific models and makes.
• Inadequately defined procedures and polices for repairing, maintaining, and procuring Boston fire trucks.
• Failure to complete adequate daily truck inspections.
• Poor maintenance records.
• Poor preventive maintenance.
• Allowing firefighters without the proper training and knowledge to maintain the department's trucks.

The review comes following a deadly Boston fire truck accident last January that killed one firefighter. The fire truck’s brakes malfunctioned, which caused the truck operator to lose control of the vehicle as it flew down a hill, striking a Mission Hill apartment building. Maintenance records show that the brakes on the vehicle had not undergone an inspection for almost a year, even though the fire truck manufacturer suggests that they are inspected every 90 days.

Boston Fire Commissioner Roderick Fraser agreed with the report’s findings and is working to hire a professional fleet manager as well as licensed mechanics. He requested the review following the fatal truck crash. The findings in the 19-page report come from interviews with firefighters, fire department officials, union officials, and a review of documents related to maintenance and costs.

Boston firefighters that are injured on the job are entitled to Massachusetts workers’ compensation benefits.

Boston fire chief: Hire civilian mechanics, Boston Herald, March 11, 2009

Related Web Resources:
Review slams Boston Fire's 'loosey-goosey' approach to firetruck maintenance, Boston Globe, March 11, 2009

Crash survivors fault the brakes, Boston.com, January 11, 2009

Maintenance Practice Assessments for the Boston Fire Department

Continue reading "Following Deadly Boston Fire Truck Accident Caused by Brake Failure, City Fire Department Criticized for Poor Fleet Maintenance" »

In Boston, one worker has died and another suffered serious injuries when a crane fell at Suffolk University on Saturday morning. The crane was being used to inspect the roof of a seven-story dorm building when it tipped over, causing its 110-foot arm to crash into a building and barely miss a number of shoppers who were browsing books at the Brattle Book Shop’s outdoor display.

The two workers who were involved in the deadly Massachusetts work accident were in the crane’s basket when it fell onto a paved lot. They are James Williamson, who died from his work injuries, and Greg Johnson.

Occupational Health and Safety Administration officials, police, and firefighters were at the scene all day to examine the crane and determine determine what caused the accident. According to the Boston Fire Department's spokesperson, the force of the fall bent the crane and caused it to split apart.

Crane Accidents
Hundreds of thousands of workers suffer serious, if not fatal injuries in crane accidents each year. OSHA cites causes of crane accidents to include:

• Improper assembly
• Improper disassembly
• Boom buckling
• Failed rigging
• Falls
• Outrigger use
• Improperly trained workers
• Inadequate safety gear
• Improper safety procedures

Suffolk University says it contracted Tremco Inc to inspect several of its buildings’ roofs. Sheet Metal of Framingham and Reliable Roofing were subcontracted to do the work, and the latter had rented the crane equipment from Height 4 Hire. Last March, OSHA slapped Reliable Roofing with a $4,500 fine because the company neglected to provide workers with safety net systems, guardrail systems, and personal fall arrest systems at a Newburyport job site.

Workers injured at job sites do not have to prove that another party was at fault in order to receive Massachusetts workers' compensation benefits, which they are owed under state law. They do, however, have to prove liability by a third party in order to receive personal injury compensation. While workers' compensation benefits do provide some relief, the injuries and losses sustained in a construction accident may incur expenses that far surpass the financial compensation your employer is required to provide. This is why it is important that you consider all of your legal options.

Crane accident in Downtown Crossing leaves two injured, Boston Herald, February 9, 2009

Crane falls down, killing worker, Boston.com, February 8, 2009

Related Web Resources:
Crane Accidents

Occupational Safety and Health Administration

Continue reading "Boston Crane Collapse Kills One Massachusetts Construction Worker and Injures Another" »

In Salem Superior Court, a jury awarded the family of Priscilla Jardine $2 million for her wrongful death. Jardine died on February 26, 2004 soon after giving birth to a baby girl during an emergency cesarean section. The jury issued its Massachusetts wrongful death verdict after finding that Jardine’s obstetrician, Dr. Debra Gail Knee, acted negligently when she recommended that the 32-year-old then pregnant mother take the drug labetalol.

As a result of taking the drug, Jardine’s blood pressure fell to dangerous levels and decreased her unborn baby’s fetal heart rate so that it became undetectable. Soon after delivering her daughter, Jardine went to cardiac arrest and died. Knee’s lawyer says that his client did not issue the directive for Jardine to take the medication and that another doctor who made the call has acknowledged that it was exclusively on his order.

According to the wrongful death lawsuit, hospital staffers told Jardine’s family that labetalol was “safe.” Information from the drug’s manufacturer, however, warns that patients suffering from congestive heart failure should not take the medication. A nurse at Caritas Family Hospital followed orders and administered labetalol to Jardine even though the pregnant woman was exhibiting symptoms that her heart was failing.

Medication Errors
It is responsibility of each physician to make sure that they are prescribing the proper drug to a patient and that the drug does not cause any adverse or dangerous side effects. Recommending the wrong drug to a patient can be very dangerous and can lead to serious injuries, health complications, and even death. It can also be grounds for Massachusetts medical malpractice lawsuit.

Labetalol
Labetalol is used on patients with high blood pressure. The drug relaxes the arterial muscles and helps lower one's blood pressure. According to Medicine.net, it is unclear whether the drug is safe for use during pregnancy.

Jury awards $2M in wrongful death suit to family of Methuen woman, Eagle Tribune, January 23, 2009

Jury Awards Family $2M After Childbirth Death, The Boston Channel, January 23, 2009

Related Web Resources:

Labetalol, Medicine.net

Medication Errors Injure 1.5 Million People and Cost Billions of Dollars Annually, The National Academies

Investigators looking into the deadly accident involving a Boston Fire Department ladder truck driving through an intersection and ramming into a high-rise apartment building are examining the vehicle’s brakes. The focus on catastrophic brake failure as a possible cause for the fatal crash comes after reports from survivors that the fire truck’s driver frantically pumped on the brakes in an effort to stop Ladder 26 from flying down Parker Hill Avenue and crashing into the building that housed a computer learning center.

Four children that were working in the center at the time of the Boston truck accident suffered minor injuries and were taken to local hospitals. Fire Lieutenant Kevin M Kelley, who was riding in the fire truck’s front passenger seat, died immediately on impact. Two other firefighters in the backseat of the truck sustained minor injuries. Fire truck driver Robert Bernard O’Neill was released from Brigham & Women's Hospital on Saturday.

Boston Fire Commissioner Roderick Fraser has ordered an outside inspection of the brake systems on 44 Boston fire trucks, which were made by the same manufacturer. While officials are careful to caution that nothing has been found yet to indicate that brake failure was the cause of the crash, the fire truck’s maintenance records indicate that the vehicle has had brake problems in the past.

In 2006, the truck crashed into another building. Fortunately, no one was injured. Also, following a routine inspection in October, a faulty brake hose was replaced.

Video footage from security cameras at different apartment buildings on Parker Hill Avenue showed that the truck driver could have slowed the truck down by purposely driving into other motor vehicles that were parked on the street. However, this could have caused injuries to others.

Fire union officials have complained in the past about poor fire equipment maintenance, including inadequate truck maintenance. The Fire Department board of inquiry is also expected to conduct its own probe into the fire truck accident.
Crash survivors fault the brakes, Boston.com, January 11, 2009

Boston fire truck smashes into building; 1 dead, Associated Post, January 10, 2009

Related Web Resources:

Fire Department - City of Boston

Labor and Workforce Development, Massachusetts.gov

Continue reading "Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors" »

The widow of a worker who died after he was crushed by 2,500 pounds of granite has settled her Massachusetts wrongful death lawsuit with a company for $1.2 million. As part of the agreement, the name of the company that settled the lawsuit will remain confidential.

Valdecir Rodrigues died after a number of granite slabs fell on him, crushing his chest and suffocating him during a work accident on October 3, 2005.The 38-year-old died from his injuries.

Valdecir had been employed at ASI Industries, LLC when the accident occurred. Another company, Atlantic Stone Industries LLC, had retained a safety expert to train and oversee ASI’s workers but did not pay him. The two companies are no longer in business, but Elisabete Rodrigues received $675,000 in workers’ compensation benefits for her husband’s death.

The wrongful death settlement report says that ASI did not have any training manuals and failed to conduct safety meetings. The company also is accused of failing to put in place the proper safety mechanisms. Meantime, employees, who were not trained, were expected to show new workers how to do their jobs.

Prior to Valdecir’s death, the Occupational Safety and Health Administration had cited ASI for numerous health violations. Following his death, a federal investigation discovered 15 serious safety and health violations at ASI, including the improper training for how to work with granite slabs and the improper storage of the slabs.

Elisabete’s Massachusetts wrongful death lawyers say Valdecir’s death could have been prevented if proper regulations had been implemented. They say that unfortunately, many immigrants who are unfamiliar with their rights as workers are hired to do dangerous jobs.

Storing, Unloading, Handling, and Transporting Stone, Marble, and Granite Slabs
Working with granite, stone, or marble slabs can result in serious injuries or death, which is why it is important that the proper safety precautions are in place to minimize any dangers. Workers must also be trained on how to work with the heavy slabs.

Widow of worker killed by granite slab settles for $1.2 million, Metrowest Daily News, November 23, 2008

Hazards of Transporting, Unloading, Storing and Handling Granite,
Marble and Stone Slabs, OSHA

Related Web Resources:

Department of Industrial Accidents, Massachusetts.gov

Workers' Compensation, Justia

Continue reading "Marlborough Worker’s Widow to Receive $1.2 Million for Massachusetts Wrongful Death " »

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus' lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008

Wal-Mart death preventable, union says, CNN, November 30, 2008

Related Web Resources:

Workers' Compensation, Justia

Continue reading "Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia " »

In Massachusetts, a construction accident on the AstraZeneca campus in Waltham on Sunday has left one worker, 40, dead and another, age 30, with serious injuries. According to Waltham Police, the work accident occurred at around 11 in the morning while the men were installing aluminum panels to the side of the lab that is under construction.

The two workers plunged to the ground some 25 feet when the hydraulic lift that the two men were on tipped over. While the older man died at the accident site, the younger worker was admitted to Beth Israel Deaconess Medical Center.

Police, who are investigating the crash, say that the lift, which was on an incline, became unstable. The Occupational Safety and Health Administration is also investigating the fall accident.

The two construction workers worked for Lymo Construction. An earlier accident at the Lymo site resulted in one worker hurting his knee. The company, however, says that it has an “excellent” safety record on the project. Lymo was cited three years ago for not having enough fall protection at a construction site in Pembroke.

Fall Accidents
Due to the nature of construction work, workers do risk getting hurt in fall accidents. This is why it is so important that construction companies implement and enforce the proper safety precautions and that workers use the correct protection gear.

Examples of Construction Falls:

Falls from roofs: Examples of this leading cause of death at construction sites include falls through skylights and openings in roofs, as well as falls from communication towers and rooftops.

Falls from cranes: Workers have been known to fall from great heights when a crane falls over. A series of crane collapse accidents in the US have led critics to question whether the proper safety precautions are being taken to prevent crane accidents.

Falls from elevator shafts: A worker doesn’t have to fall from a great height through an elevator shaft in order to sustain serious injuries or die.

Scaffolding falls: A common cause of scaffolding fall accidents is faulty construction.

Falls through Holes in Construction Site Floors: Weak floors or holes in flooring can lead to serious injuries for workers.

1 killed, 1 hurt in accident at job site, Boston.com, October 11, 2008

Man dead, another critical after lift collapse in Waltham, The MetroWest Daily News, October 10, 2008

Related Web Resources:

Lymo Construction

Occupational Safety and Health Administration

Continue reading "One Massachusetts Construction Worker is Dead and Another is Injured in Fall Accident From Lift at a Waltham Job Site" »

The Occupational Safety and Hazard Administration says that the owners of the Salem Harbor Power Station failed to protect three workers that died when a faulty boiler ruptured at the plant on November 6, 2007. Following its investigation into the deadly work accident, OSHA says that it found 10 serious safety violations at the plant, owned by Dominion Energy New England, including a failure to enter or inspect the area where the blast occurred for the past several years.

Engineer Phillip Robinson, rookie Mathew Indeglia, and mechanic Mark Mansfield were killed when the Unit 3 boiler tubes broke—enveloping them in steam with a temperature that was close to 600 degrees.

Dominion Energy New England officials say they will dispute the claim that they failed to protect the company’s employees from getting hurt or killed on the job. A Dominion official says that an inspection found that the cause of the boiler explosion was an undetectable defect in an old weld that joined two pipe pieces.

OSHA has ordered Dominion to pay $46,800 in safety violations, and more fines may be pending. The company says that the majority of the violations have been remedied.

OSHA says that is essential that Dominion identify and eliminate any dangers to workers and take the necessary steps (including conduct proper maintenance and inspections), to prevent future leaks.

Other fines that may be pending include $4,500 for improperly storing compressed gases in cylinders and $6,300 for failing to inspect the "dead air space" area of the coal-fired boiler that ruptured.

The surviving family members of the victims are considering filing a Massachusetts wrongful death lawsuit against Dominion.

OSHA finds Salem plant failed to protect men who died, Boston.com, May 15, 2008

Salem Harbor Resumes Operation After 2007 Plant Catastrophe, an Industrial Info News Alert, Marketwire.com, April 25, 2008

Workers In Salem Plant Explosion Die From Injuries, WBZTV.com, November 7, 2007

Occupational Safety and Health Administration

Continue reading "OSHA Says Owners of Salem Harbor Power Station in Massachusetts Did Not Protect Workers that Died in 2007 Boiler Blast" »

A report coauthored by the Massachusetts Coalition for Occupational Safety and Health and the Massachusetts AFL-CIO found that 80 Massachusetts workers died in 2007 because of injuries sustained while at work or because of work-related illnesses. The report is called "Dying for Work in Massachusetts."

The most dangerous industry for Massachusetts workers continues to be construction and firefighting. 20 construction workers died while on the job last year, while 9 Massachusetts firefighters died, most of them due to work-related illnesses. Other industries in Massachusetts with a high number of worker fatalities in 2007 are transportation, fishing, utility work, and motor vehicle repair.

Stress on the job reportedly led to six deadly heart attacks. Three of these fatalities were 38-year-old firefighters. 19 worker deaths were caused by fall accidents.

Two 17-year-old construction workers were among 2007's worker fatalities. A 71-year old mechanic was recorded as the oldest person to die last year due to a worker injury. One telecommunications worker with Verizon was electrocuted and died in Plymouth when his bucket struck high voltage wires.

Some people have expressed worries that certain companies are prioritizing productivity over worker safety. For example, the bucket used by the telecommunication worker that died was not insulated.

Work safety advocates believe that many of last year’s deaths could have been avoided if workers had been given the proper gear, equipment, and training. For instance, the 17-year-old construction worker that died in a fall accident was not using a safety harness when he fell from a Salem church roof last year.

Although Massachusetts workers’ compensation law provides injured workers and their families with financial compensation, the recovery may not cover all expenses and losses.

80 people in Massachusetts died of workplace injury in 2007, Associated Press/Boston Herald, April 29, 2008

80 work fatalities in state last year, Boston.com, April 29, 2008

Related Web Resources:

Massachusetts Coalition for Occupational Safety and Health

Read the Report "Dying for Work in Massachusetts" (PDF)

Massachusetts AFL-CIOhttp://www.altmanllp.com/lawyer-attorney-1226007.html

Continue reading "80 Massachusetts Workers Died From Job-Related Injuries in 2007" »

The Massachusetts Supreme Judicial Court says that Michael Haslam, a construction worker on Boston’s “Big Dig” freeway project, is not eligible to receive workers’ compensation benefits for injuries he sustained when he fell asleep at the wheel while driving home after working for 27 hours straight. The court’s ruling reverses an earlier decision by the Industrial Accident Board.

The state’s highest court says that Haslam failed to prove that he needed to work as many hours as he did and that the circumstances surrounding his injury accident did not exempt him from the “going and coming rule,” which does not cover injuries sustained by workers when they are going to or coming from a job.

On August 3, 2001, Haslam started work at 5am. His shift was supposed to end at 3:30pm. Due to numerous work delays, however, the pouring of concrete did not take place until 1am the following day, and Haslam chose to stay because he needed to make sure that the job was done. He testified that if he hadn’t stayed, “I probably wouldn’t have had a job.”

He also said, however, that no one told him he had to stay. Also, the construction crew supervisor testified that he could have found someone else to replace Haslam if he had known that the foreman was so tired. Haslam's contract stipulates that he cannot be made to work overtime.

Haslam drove home on August 4, 2001 at around 8 in the morning after working for 27 hours. He says that he was “totally exhausted” and fell asleep at the wheel. Haslam struck a utility pole and sustained injuries.

A 2004 ruling found that Haslam was entitled to workers’ compensation for his injuries because “the physical state that caused the accident arose directly out of and had presented itself while [the employee] was still on the job.”

The SJC court, however, agreed with the insurance company that argued that Haslam was not obligated to stay longer than his work shift and that the “going and coming rule" applied.

Sleepy Employee Hurt Driving Home Denied Mass. Workers' Comp, Insurance Journal, April 9, 2008

SJC: Big Dig worker not entitled to workers’ comp, BostonHerald.com, April 8, 2008

Related Web Resources:

Massachusetts Turnpike Authority, The Big Dig

Department of Industrial Accidents, Labor and Workforce Development

Six construction workers and a Florida tourist died in a construction accident on Saturday after a crane collapsed at a construction site in New York. 10 other people were injured.

The construction site was at a 43-year-old building that had already received multiple safety violations. On Tuesday, investigators were trying to determine whether the nylon webbing, worth $50, broke while lifting a large piece of steel.

The 200-foot crane fell while construction workers tried to attach a large, 12,000-pound square steel collar around the tower of the crane at the 18th floor of the building, located on East 51st Street. They were applying manual winches that seemed to be hanging from nylon slings that were hanging from a higher part of the tower.

The collar, winches, and slings fell, crashed into another collar at the ninth floor, and landed on a third collar located close to the bottom of the construction site. The tower then collapsed, leveling a nearby building and damaging other nearby properties.

According to Paul S. Zorich, chairman of the committee on crane and sling safety standards of the American Society of Mechanical Engineers, photographs of the sling show that it could have been “grossly overloaded.”

Construction safety experts say that these slings usually can carry loads as heavy as several tons unless they are worn or damaged.

Steven R. Dewey, president of All-Lifts, a company that makes construction slings, says sling failures only occurs if they are damaged or cut. He also said that slings are manufactured to carry five times the indicated weight.

Joy Contractors is the company overseeing the crane work at the site.

Construction accidents can often lead to catastrophic if not deadly injuries. Construction workers injured on the job cannot sue their employers for recovery. They are, however, eligible for workers’ compensation benefits and they may be able to claim damages from third parties, such as the manufacturer of a defective product or another party that is found liable for the injury accident.

Even if your employer guarantees you workers’ compensation benefits, one of our Boston, Massachusetts workers’ compensation attorneys can make sure that you receive all of the benefits you are eligible for in a timely manner.

Failure of Strap Is Suspected in Crane Collapse, New York Times, March 18, 2008

Seven dead in New York crane accident, BBC News, March 16, 2008

Related Web Resource:

A Review of Crane Safety in the Construction Industry

Continue reading "New York Crane Construction Accident Leaves Seven People Dead" »

Anne Dube, the widow of a mechanic who committed suicide after he was fired from his job with National Fiber Technology LLC, has the right to receive death benefits under workers’ compensation. The decision was issued by the Massachusetts Appeals Court in Suffolk County. The court’s ruling affirms the Industrial Accident Reviewing Board’s decision that had been appealed by the Professional Liability Insurance Company.

An administrative judge had awarded Dube death benefits for Gilbert Dube’s work-related back injury, which resulted in pain, deteriorating mental condition, mental unsoundness, and suicide. The board said that Anne Dube was causally connected to the mental unsoundness that was caused by work.

Gilbert Dube was a 50-year-old machine mechanic. He had a history of back problems. He reinjured his back on November 7, 2001 at work when he “jerked” lose a card that had gotten stuck in a knitting machine. On November 26, 2001, he tried to go back to work and assume “light-duty” but was told that there was no light-duty work. He was terminated from his job on December 4, 2001. He killed himself 14 days later.

The board awarded death benefits to Anne Dube.

The insurer appealed the decision saying that the simple causation test to determine the connection between the work-related injury and Gilbert Dube’s suicide was not properly applied. It claimed that being fired, and not the actual work injury, was the predominant cause of the suicide.

The appeals court ruled that the suicide makes Anne Dubbe eligible for workers' compensation benefits if "simply causally connected to the unsoundness of mind resulting from the injury, without having to show any particular quantity or quality of that cause."

Workers’ Compensation
Workers’ Compensation laws give benefits to employees that are injured in a work-related accident. Workers’ compensation protects both employers and employees. Injured employees receive benefits under the law and, in exchange, the employers cannot be sued for personal injury or wrongful death. The issue of who was negligent does not become an issue.

An employee will usually receive medical benefits and money. The widow or widower of an employer killed at work is also entitled to workers’ compensation benefits.

Just because you are entitled to those benefits does not mean that the insurance carrier or the employer will try to contest your claim. This is why you should speak with an experienced workers’ compensation attorney right away so that he or she can protect your rights to compensation and make sure your receive all the benefits that you are entitled to.

Mass. Widow Awarded Workers Comp Death Benefits in Suicide Case, Insurance Journal, September 17, 2007

What is Workers' Compensation

Related Web Resources:

Massachusetts Workers Compensation Law

The Massachusetts Workers’ Compensation Act, Workers' Comp: A Massachusetts Guide

Four people were injured today in Massachusetts today when a manhole exploded and let out a spray of steaming water that may have contained asbestos. The water hit all four injury victims.

The injury accident occurred in Boston near a building at the corners of Summer and Redding. Boston Emergency Medical Services appeared at the scene after it became known that a hazardous material was possibly involved in the explosion. EMS workers medically monitored and decontaminated the firefighters at the accident scene.

The four injured persons, three of them energy company workers, were also decontaminated before being sent to nearby hospitals for treatment of their injuries.

The Boston Fire Department say they think that it was a steam pipe and not a manhole that exploded.

Asbestos Exposure
Exposure to asbestos can lead to catastrophic injuries, such as lung cancer, mesothelioma, and asbestosis. Although the dangers of asbestos exposure increases the longer the exposure time, there have been cases where someone has briefly been exposed to it and ended up with malignant mesothelioma.

If you become sick because of exposure to asbestos on the job, you may not be able to file a personal injury claim against your employer because you are likely eligible for workers’ compensation benefits. An experienced personal injury attorney can make sure that you receive all the benefits that you are eligible for. Your personal injury lawyer can also help you determine if there are third parties that can be held liable for your illness.

According to Allasbestos.org, Massachusetts is ranked 11th in the United States among the 50 states and the District of Columbia for having the highest number of asbestos-related deaths- from 1,355 fatalities to 1,715.

Hub Steam Explosion Injures Four, Boston Herald, September 12, 2007

State Ranking of Asbestos Related Mortality Rate, Allasbestos.org

Related Web Resources:

Massachusetts Workers Compensation Law, Workers Compensation Insurance.com

Asbestos, EPA.gov

Continue reading "Hub Steam Blast that Injures Four in Massachusetts Raises Concerns of Asbestos Exposure" »

A construction worker was injured a construction site at Pelham Road in Salem, Massachusetts, last week after the scissor lift that he was riding in tipped backward and fell to the ground. Semir Mehmedoxic, 20, fell out of the bucket. As of last Saturday, he was being treated at Beth Israel Deaconess Medical Center where he was reportedly in stable condition.

Mensur Ramic, a 21-year-old Manchester resident, says that he and Mehmedoxic had been sanding an exterior wall when the construction accident occurred. Ramic was able to grab onto the roof and pull himself to safety when the scissor lift tipped back.

Both men were at the site to help build a 60,000 square-foot gym that belongs to The Workout Club and Wellness Center chain.

Paul LeVasseur, the project superintendent, said that he did not know the man who fell and that different subcontractors often worked at the site. He criticized the lift machine’s condition. The lift machine had been provided by subcontractor Classic Exteriors LLC of Manchester. He thinks that the accident was caused by mechanical failure.

Firefighters had to siphon gas from the lift because a tank was punctured in the fall.

The Occupational Safety and Health Administration (OSHA) has been investigating the cause of the construction accident.

Injuries sustained at a construction site are frequently catastrophic, if not fatal.

Common kinds of construction accidents include

• Scaffolding accidents
• Electrical accidents
• Injuries caused by defective equipment
• Cutting accidents
• Falls
• Welding injuries
• Exposure to hazardous or toxic substances
• Faulty use of equipment
• Improper maintenance or repair of construction machinery and vehicles

If you have been seriously injured at a construction site or while working at any other job in Massachusetts, you are eligible for benefits under workers’ compensation. A good workers’ compensation attorney can make sure that your benefits start immediately, and—if not—that you receive any back benefits that are owed to you.

Your workers’ compensation lawyer can also make sure that your employer and its insurance company are not preventing you from receiving the benefits that you are legally entitled to. If a family member was killed because of negligence or carelessness at a construction site, you may be eligible to receive benefits from the employer under your loved one’s workers’ compensation package.

If there is a third party that is considered a liable party, you may be able to file a personal injury or a wrongful death claim against them also.

OSHA investigates work site accident, Eagle Tribune, August 11, 2007

Worker hurt in fall at Salem construction site; Co-worker, dangling from roof, escapes injury, Eagle Tribune, August 10, 2007

Related Web Resources:

OSHA Assistance for the Construction Industry, U.S. Department of Labor

Department of Industrial Accidents, Massachusetts.gov

Continue reading "Massachusetts Worker is Injured After Fall At Construction Site in Salem" »