Boston Injury Lawyer Blog

Jean S. Mui, who is the landlord of the Worcester apartment building that burned down during a three-alarm fire on Thursday, is expected in court tomorrow. Mui faces allegations that the building, at 49 Arlington St., was in violation of 30 building and sanitary codes.

Building inspectors had identified the multiple violations before this week’s blaze, which caused the structure to partially collapse. Firefighter Jon Davies was killed in the Worcester fire. Another firefighter, Brian Carroll, suffered injuries.

The two men got trapped when the back of the building caved. They were trying to rescue a missing tenant, who has still not been found.

According to neighbors, recently arson fires have been occurring in the area.

If Worcester premises liability was a factor in causing the building fire and collapse, the firefighters and their families may have grounds for suing Mui for damages. Property owners can be held accountable in civil court or arbitration if a hazard on the premise that could/should have been remedied causes someone to get hurt or die in an accident.

The three-decker on Arlington Street has also been the focus of eight city inspections and three housing complaints in the last year. There were reportedly structural defects in the building’s foundation that weren’t fixed even though months had passed since a city order was put out requiring that the repairs be made. Code violations include those for illegal heaters and rodents.

Workers injured or killed on the job are usually entitled to benefits from their employer’s insurer. This, however, does not preclude them from obtaining Worcester wrongful death or personal injury recovery.

Worcester fire landlord faces code citations, Boston Herald, December 11, 2011

Worcester firefighter dies in blaze, AP/Sentinel and Enterprise, December 9, 2011

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer Blog, November 24, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011

Continue reading "Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained" »

A city worker died this morning after the bucket truck he was working in was hit by an 18-wheeler truck. The impact of the Quincy truck crash caused Robert DeCristofaro to fall out of the bucket and into the road.

The 58-year-old Braintree man was taken to Boston Medical Center where he was pronounced dead. Police are trying to figure out which truck driver caused the Quincy tractor-trailer accident. Meantime, OSHA is also looking into the crash.

Massachusetts Workers’ Compensation
City workers and their families are entitled to Massachusetts workers’ compensation benefits in the event of injury or death on the job. It is important that you file your Quincy work injury claim right away. It is also a good idea to consult with a Boston workers’ compensation law firm about your case. You want to make sure you receive all of the benefits that you are owed.

Although it would be nice to think that this is what automatically happens, this isn’t always the case. An employer’s insurer may choose to reduce, delay, or deny your benefits. Considering that employees and their families generally cannot sue the employer for Quincy personal injury, this can take a financial toll on the victim and loved ones, who may have to contend with lost wages, medical benefits, and other expenses.

Your Quincy workers’ compensation lawyer can protect your right to receive everything that you are owed.

Third Party Lawsuits
Obtaining work injury benefits from your employer doesn’t stop you from filing a third party lawsuit and vice versa. Although you cannot sue your employer, there may be third parties that are not your employer who can and should be sued. For example, right now, the facts of what happened in the Quincy work accident that killed DeCristofaro are not clear at this time. However, if it was the driver of the semi-truck that struck the bucket truck he was on, then the Braintree man’s family may have grounds for pursuing a Quincy wrongful death case against the trucker and his/her employer.

Quincy worker thrown from bucket after crash dies, Boston Herald, October 18, 2011

Massachusetts Workers' Compensation, The Commonwealth of Massachusetts

Related Web Resources:
Labor and Workforce Development, Mass.gov

Occupational Safety and Health Administration, US Department of Labor

More Blog Posts:
Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers' Compensation Lawyer Blog, October 5, 2011

$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011

Boston Hospital Gives Full Face Transplant to Man Burned in Construction Accident, Boston Injury Lawyer Blog, May 9, 2011

Continue reading "Quincy 18-Wheeler Truck Crash Kills Worker Who is Thrown from Bucket" »

In Middlesex County Superior Court, a jury awarded a boiler repairman $7.7 million for his Boston burn injuries that he sustained while on the job. The defendant in the case was the Falmouth condominium complex where the victim had been doing work on an industrial water heater.

The worker sustained burns to 50% of his body in November 2008 when the heater, which was supposed to be depressurized and empty, emanated steam and very hot water. The repairman was treated at a burn unit for a few weeks and he had to undergo four skin graft procedures. He also developed PTSD because of the work accident and was not able to go back to work.

According to the Boston personal injury complaint, the boiler had been inadequately maintained. The heater tank’s gauges indicated to him, as had the condo manager, that was empty, the pressure had been released, and it was ready to be repaired.

The condo complex had tried to settle the Falmouth personal injury lawsuit for $200,000.

Work Injuries
You may not be able to pursue damages from your employer for injuries sustained on the job, but third parties that played a role in causing your work accident can be held responsible for your Boston personal injury. In addition to receiving Boston workers’ compensation benefits from your employer, you may also be entitled to civil damages. There is no reason why you shouldn’t receive both.

It is important that you file your Massachusetts workers’ compensation claim right away so that you can start receiving benefits as soon as possible. You can also start working with a lawyer right away to start exploring other legal options.

The outcome of this Massachusetts injury case is an example of why you shouldn’t settle right away because you may be entitled to receive so much more for the harm that you suffered.

Workers' Compensation, Massachusetts

The International Society for Burn Injuries

More Blog Posts:
Family that Obtained Massachusetts Workers’ Compensation Over 2005 Plum Island Construction Accident Wants Newburyport Wrongful Death and Injury Recovery, Boston Injury Lawyer, April 11, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyer, January 19, 2011

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers' Compensation Lawyer, October 5, 2011

Continue reading "$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater" »

Two-and-a-half years after suffering severe electrical burns during a construction accident, Dallas Wiens has received a complete face transplant. Over 30 doctors, anesthesiologists, and nurses at Brigham and Woman’s Hospital in Boston conducted the procedure to give the 25-year-old construction worker a new face.

After the boom lift he was working struck a power line, Wiens fell into a coma for nearly three months Doctors thought he would never talk or walk again and that he would be paralyzed from the neck down. They also didn’t think he would be able to eat regular food. Wiens, who underwent 22 surgeries, lost all of his facial features, except for a lipless mouth. He is now blind.

Wiens’s transplant included the donor’s entire face and is the most complete facial transplant conducted in this country to date. He also can now smell, feel, and breathe on his own.

His injuries are a clear example of how seriously someone can get hurt during an electrical accident. If you were injured in a Massachusetts construction accident and you suffered severe electrical burns you should speak with a Boston injury lawyer right away.

About 1000 people die every year from electrical burns. Serious injuries can include muscle spasm, cardiac arrest, oral burns, suffocation, organ damage, skin burns, permanent bran damage, and death.

Even if you are injured on the job and you are entitled to Massachusetts workers’ compensation, you still may be able to receive Boston injury compensation from liable third parties.

Fort Worth man gets a new face... and a new beginning, WFAA, May 10, 2011

Dallas Wiens Reunites With Daughter After Full Face Transplant, ABC News, May 9, 2011

Transplant recipient 'amazed' at his new face, Boston, May 9, 2011

Dallas Wiens, horribly scarred by electric burn accident, pushes for rare full face transplant, NY Daily News, January 25, 2010

Related Web Resources:
Burns and Other Injuries, Occupational Safety Health Administration

Construction Accidents, Justia

Brigham and Woman’s Hospital

More Blog Posts:
Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyers, January 19, 2011

Propane Tank Involved in Deadly Norfolk Construction Blast May Have been Lacking Chemical Odorant, Boston Injury Lawyer Blog, December 31, 2010

Boston Crane Collapse Kills One Massachusetts Construction Worker and Injures Another, Boston Injury Lawyer Blog, February 8, 2009

A Plum Island construction accident lawsuit seeking Newburyport wrongful death and injury damages has made it way to the state’s Supreme Judicial Court. At issue is whether the plaintiffs, who have already received Massachusetts workers’ compensation benefits, should also be able to collect civil damages.

Timothy Wentworth and his son Ezekiel Wentworth were involved in a serious Newburyport construction accident on August 2005 when, while spraying waterproofing material in a home, a pilot light went off, causing the water heater to burst into flames. The two men sustained serious burn injuries with Timothy, 51, dying and Ezekiel suffering disfigurement so serious that he has had to undergo several surgeries.

The Wentworths, who were a subcontractor on that construction job, did not carry workers’ compensation insurance. Following the Plum Island injury accident, Cheryl Wentworth filed a Massachusetts workers’ compensation claim with builder Henry C. Becker, who had hired the father and son. She also sued Becker for Plum Island wrongful death and her son’s personal injuries.

Under Massachusetts law, employers must make sure that its employees, and, in most instances, their subcontractors have workers’ compensation coverage. In her claim, Cheryl said that Becker let an insured subcontractor work. A settlement was reached between the two parties.

Becker contended that injured subcontractors cannot collect both Massachusetts injury damages and workers’ compensation benefits, and a Superior Court judge sided with him. An appeals court panel agreed with the Wentworths, whose lawyers said that the case Superior Court Judge Thomas R. Murtagh based his ruling on was flawed. The Wentworths say that since the father and son weren’t Becker’s employees, they don’t have to only receive either Massachusetts injury compensation or workers’ compensation benefits.

High Court to hear case of deadly PI accident, Newburyport News, April 5, 2011

Wentworth v. Henry C. Becker Custom Building Ltd., Masscases.com

Related Web Resources:
Workers' Compensation, Mass.gov

Massachusetts Wrongful Death

More Blog Posts:
Department of Transportation Worker Falls Into Shaft in Ted Williams Tunnel in Boston, Massachusetts Workers' Compensation Lawyer Blog, April 10, 2011

Massachusetts Contractor Fined for Safety Hazards at Hultman Aqueduct Project, Massachusetts Workers' Compensation Lawyer Blog, April 10, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyer, January 19, 2011

Continue reading "Family that Obtained Massachusetts Workers’ Compensation Over 2005 Plum Island Construction Accident Wants Newburyport Wrongful Death and Injury Recovery" »

According to Massachusetts’ Division of Capital Asset Management, a worker sustained serious leg and arm injuries in the Salem construction accident at the Ruane Judicial Center site last summer because a contractor used the wrong kind of screws on a limestone panel. The 500-pound panel ended up falling four feet to the ground, where it broken into piece, some of which struck Stoneham worker Vincent Leahy. Lighthouse Masonry Inc. of New Bedford is the company that allegedly used the wrong screws.

The state says that the zinc-coated screws were the “direct cause” of why the fell and were not what was “specified in the design of the fastener system." Simpson Gumpertz & Hegerm, the national forensic engineering company that conducted the investigation into the Massachusetts work accident, also found “similarly failed fasteners” when it removed other panels. The probe concluded that the “adhesive anchor from the stone that fell” was improperly installed in a hole that hadn’t been correctly cleaned.”

Beginning January 9, 2011, the masonry company is barred from bidding on public building projects for a year. The Occupational Safety and Health Administration (OSHA) has slapped Lighthouse Masonry with three “serious citations” over the Salem construction accident. OSHA also cited Daniel O'Connell's Sons, which is the company that manages the construction project.

Salem Construction Accidents
Proving liability in a construction site can be challenging—especially when there are so many parties involved. This is why it is important that you worker with a Boston construction accident law firm that understands the different kinds of Massachusetts job site accidents that can occur and knows how to determine who should be held liable. Crane accidents, excavation accidents, welding accidents, electrical shock, fall accidents, on-site explosions, and accidents involving falling debris, are just some of the many types of construction accidents that can cause serious injury. An injured worker may have grounds for filing a Massachusetts workers’ compensation claim, in addition to third party lawsuits.

Wrong screw caused courthouse accident in Salem, The Salem News, January 5, 2011

Court project worker hurt as 500 pounds of rock fall, Gloucester Times, June 15, 2010

Related Web Resources:
OSHA

Ruane Judicial Center, Mass.gov

According to the Boston wrongful death lawyer of William Nichols’ family, the propane tank that exploded to cause his fatal Norfolk, Massachusetts construction accident last summer did not have ethyl mercaptan, a chemical odorant used to warn when there is a propane leak. Nichols, a 48-year-old Blackstone electrician, was working on the air conditioning and heading system of a duplex under construction on July 30 when the tank explosion occurred. He ended up buried in debris for over 90 minutes.

Nichols’s family reportedly plans to file Boston wrongful death complaints against Smolinksy Brothers Plumbing and Heating Service, the company that installed the heating system and EnergyUSA, which was responsible for installing the gas tank. The reports, issued by State Police and the state fire marshall, appear to clear DCP Midstream LLC, which delivered the gas.

Injured in the Norfolk propane blast were 72-year-old Foxboro resident David Bethel and 43-year-old Franklin local Robert Dena, who were both working for Deno Electric, Inc., 25-year-old Norfolk resident and Prevett Heating and Cooling employee William Prevett, 17-year-old Wrentham resident Thomas DiPlacido, and 58-year-old Norfolk local Mary Jackson, who lived in the adjacent condo. Firefighters John Zajac and David Payne were also injured.

Boston Construction Accidents
While employees generally cannot sue their employers for Boston personal injury or wrongful death, they are likely entitled to Massachusetts workers’ compensation for their work-related injuries, illness, or death. However, they can still file civil complaints against third parties that are not their employer who may have contributed to causing their Boston construction accident.

Rescued worker at Norfolk condo explosion dies, NECN, July 31, 2010

Propane tank in fatal blast lost telltale chemical, lawyer says, Boston.com, December 30, 2010

Related Web Resources:
Ethyl mercaptan, OSHA

Construction Accidents, Justia

Labor and Workforce Development, Mass.gov

Massachusetts Workers' Compensation Lawyer Blog

A construction worker hurt his back and fractured his ribs on Monday during what is being described as a Shrewsbury slip and fall accident through the roof of an AutoZone that is under construction. The victim is employed by M&M Drywall of Georgia, a subcontractor for this job.

The worker fell 15 feet during the Massachusetts construction accident. According to Shrewsbury Fire Chief James M. Vuona, who is quoted on Telegram.com, the man fell after lifting a piece of plywood that was covering one of the openings of the auto parts store’s unfinished roof.

Vuona says that the Massachusetts fall accident may have happened because the surface that the worker was standing on was wet—either from dew or rain. The Occupational Safety and Health Administration has opened an investigation into the Shrewsbury construction accident.

Boston, Massachusetts Construction Fall Accidents
Fall accidents from roofs, skylights, cranes, scaffolds, and other elevated heights are a common cause of serious injuries to construction workers. Construction falls can lead to traumatic brain injuries, spinal cord injuries, paralysis, coma, and even death. While an employer is supposed to pay Massachusetts workers’ compensation benefits for work injuries and deaths, disputes sometimes can arise, and this is where an experienced Boston workers' compensation law firm can help you. There also may be third parties who should be held liable.

There are safety measures that must be in place to protect construction workers from getting hurt in a fall accident. For example, the roof of a structure under construction must be finished to a degree where it is safe enough for workers to go on it. Also, workers must be equipped with the proper protection and safety procedures must be abided by.

Man injured in job accident, News Telegram.com, July 13, 2010

Related Web Resources:
Falls, OSHA

Construction Safety, National Institute for Occupational Safety and Health

Continue reading "Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof" »

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" »