Construction Accidents

November 8, 2016

Can One Concussion Cause Long-Term Damage?

According to a recent study conducted by Oxford University scientists, when a young person suffers even one concussion, it can have long-term consequences. Head trauma can have a permanent impact on mental and physical health. This risk is greatly increased with multiple head traumas, but new evidence that even a single concussion can have catastrophic, life-long effects is alarming.

The study – the largest of its kind, to date – focused on individuals who suffered head trauma under the age of 25. The medical data covered a 40-year period, and the results of the study were startling. Young people who experience a single diagnosed concussion have:

A greater chance of receiving disability benefits
A greater chance of receiving mental health treatment
A lesser chance of graduating from high school than siblings
A lesser chance of attending college than siblings
Twice the risk of early death when compared to siblings without head injuries

In addition to the above results, the study also found that outcomes were better for those young people who suffered a concussion before the age of 15. In early childhood, the brain is more resilient than for young adults. For those who suffered multiple traumatic brain injuries, long-term consequences increased greatly. This new evidence is of special concern for families of children who participate in high-impact sports, such as football and rugby. Head injuries in young people are usually the result of sports injuries or motor vehicle accidents. If you are suffering from a head injury, contact a Boston personal injury lawyer today.

How to Identify a Concussion
A concussion may not be immediately obvious following a car accident or sports injury. Look for the signs and symptoms below if you or a loved one has experienced any type of head trauma.

Loss of consciousness immediately after the injury
Difficulty concentrating
Memory problems
Confusion
Blurred vision
Double vision
Severe headache or headache that won’t go away
Fatigue or drowsiness

March 14, 2016

NIOSH Report Shows Contributing Factors to 2014 Back Bay Fire.

by Altman & Altman

In 2014, a deadly blaze in the Back Bay killed two firefighters and injured several others. The house fire, which was unintentionally caused by welders working at an adjacent building, quickly grew out of control due to high winds. Last week, Joseph Finn, Commissioner for the Boston Fire Department, held a press conference to release the results of an investigation conducted by the National Institute for Occupational Safety and Health (NIOSH). According to the NIOSH report, the 2014 accident was a result of a “perfect storm” of problems. Contact a Boston Personal Injury Lawyer Today.

The two firefighters killed in the Back Bay fire were 43-year-old Lt. Edward Walsh and 33-year-old Michael Kennedy. NIOSH’s report criticized the fire department for lack of training and inadequate staffing, both of which may have contributed to the accident’s devastating outcome. NIOSH also attributed the tragic outcome to high winds and the fact that firefighters were not notified in time. Several windows and doors were open at the time of the blaze, which allowed high winds to blow into the open spaces causing a backdraft. Fire consumes oxygen. If a fire has consumed all oxygen within a space and more oxygen suddenly becomes available (through an open door, window, or other opening), the explosive reaction is called a backdraft.

According to Finn, “People were literally blown off their feet.” Adding to the unfortunate events, water was cut off to the house when the fire burned through the hose lines.

The NIOSH report included a review of contributing factors, as well as several proposed fixes to prevent similar catastrophic events in the future. In response to the criticism from NIOSH, Finn said, “I’m OK with the critical part. I don’t take offense to it.” However, he also said that the department had recognized the need for additional training and had devoted more time to training in the two years preceding the fire than in the previous 10 years.

Not the First Time

Multiple high-profile cases in recent years have brought the Boston Fire Department under fire.

In 2009, a fatal fire truck crash was blamed on inadequate training when a BFD firefighter slammed into a building on Huntington Avenue.

Multiple fire trucks were cited for faulty brakes and other parts in 2009, resulting in several trucks being pulled out of service and the fire safety chief’s termination for absenteeism.

The flawed tactical decisions of BFD supervisors were to blame for the death of two firefighters in a 2007 West Roxbury restaurant blaze. Their actions resulted in a backdraft that sent a giant fireball through the building.

December 17, 2015

Construction Wall Collapses in Malden, Trapping Four Adults and a Baby

by Altman & Altman

Several people were injured on Tuesday when a temporary construction wall collapsed in the Boston suburb of Malden. The collapse, which occurred in front of a Japanese restaurant on Pleasant Street, trapped 5 people before dozens of witnesses lifted the wall, freeing the victims. A mother, her husband, and their toddler were among the victims. The mother received non-life threatening injuries. Fortunately, her son was not seriously hurt. Contact a Boston Injury Lawyer Today.

According to Malden police Capt. Glenn Cronin, the collapse was likely due to a strong gust of wind. Deepti and Sudhir Soni were trapped under the fallen wall with their 2-year-old son. The mother was taken to the hospital immediately following the incident. Sudhir Soni reported that his wife was diagnosed with a C1 spinal cord fracture. She will need to wear a collar until the injury heals. The family was walking on the Pleasant Street sidewalk when the plywood barrier collapsed. According to witnesses, the toddler’s stroller frame protected him from serious injury.

“I Wouldn’t Wish It On Anybody”

The Occupational Safety and Health Administration (OSHA) is currently assisting local authorities with the investigation. In addition to the family of three, two other women, Albertina Pierre and Maureen Finn, were also injured. Pierre’s son said his mother was crying. “She was like ‘Isaiah I could have died,’” he said. Finn also recounted the traumatic experience. “It was so heavy it was unbelievable, I wouldn’t wish it on anybody,” she said. “I had walked by it several times, I thought it would be light, but it just crushed all of us.” Paul Frazer, who was in a nearby jewelry store, was one of many witnesses who rushed out to help when the wall collapsed. “We didn’t know what happened so we just kind of ran out there and we saw some people underneath, we heard a baby crying, just tried to lift it up and get the people out from underneath,” he said.

You Just Never Know

Fortunately, nobody suffered life-threatening injuries in Tuesday’s incident. However, it serves as a good reminder that ‘freak accidents’ can happen at any time, in any place. Living in the city, most of us walk past temporary construction walls and scaffolding multiple times each day. While the vast majority of these structures are sound, exceptions do exist. In fact, a similar incident occurred last week when construction staging collapsed in the North End, injuring a worker. Always use caution when walking beside, or under, these types of temporary structures. Unfortunately, when they do fall or collapse, injuries are common and can be serious or even fatal. This year, multiple scaffolding and staging collapses resulted in fatalities in New York City, Houston, and Raleigh, N.C. Continue reading

August 31, 2015

What Kind of Damages Can Be Recovered in a MA Wrongful Death Case?

by Altman & Altman

The decision to file a lawsuit for wrongful death is typically made in the wake of tragedy. Negligence leading to wrongful death can occur in the form of medical malpractice, defective products, catastrophic vehicle accidents, and work-related accidents, to name a few. The categories of losses to be paid by the defendant – known as damages – vary from state to state. Survivors representing the victim’s estate may receive compensation for three different categories of losses – economic damages, non-economic damages, and punitive damages.

Economic Damages

Any financial losses suffered from the event of the victim’s death are considered economic damages. Medical expenses incurred by the victim’s family can range from one-time emergency room costs to long-term nursing care and pharmaceutical costs prior to the victim’s death. Reimbursement for funeral expenses may also be included. A lesser-known kind of economic damage exists in the form of lost income and may include:

Loss of benefits (medical coverage, pension plans)
Loss of expected earnings
Loss of inheritance
Loss of the value of goods and services that would have been provided had the victim not died

Non-Economic Damages

Sometimes referred to as “pain and suffering” damages, these are the more intangible losses suffered by a wrongful death victim’s family members. Although these factors are more difficult to place a value on, they are often more devastating than economic damages.

Compensation for mental anguish (pain and suffering)
Loss of the victim’s care, protection, guidance, and nurturing
Loss of the victim’s love and companionship
Loss of consortium from the deceased partner

Recently ignited debate within the legal community focuses on each state’s choice to place caps on non-economic damages. Because this type of compensation is “higher-priced” yet less concrete than financial-based damages, lawmakers are calling for a re-evaluation of the constitutionality of these cap statutes. Today, 38 states uphold caps at varying levels. Massachusetts’ non-economic damages cap is $500,000, unless a jury specifically pronounces that amount to be unfairly low in relation to losses suffered by the victim’s representative. Continue reading

July 13, 2015

OSHA Announces National Fall Prevention Campaign

by Altman & Altman

Falls to a lower level are the number one cause of construction-site fatalities. With proper safety training, site maintenance and the right equipment, these accidents are largely preventable. In order to educate construction workers and employers about these dangers and reduce annual construction-site injuries and fatalities, OSHA has enacted a national fall prevention campaign.

OSHA’s campaign serves to educate and raise awareness about falls from high places, such as roofs, ladders, and scaffolds. Of 828 total construction-related fatalities in 2013, 291 were due to falls. OSHA has partnered with the National Institute for Occupational Safety and Health and the National Occupational Research Agenda to educate as many construction workers and employers as possible. By following three simple steps, construction-site falls can be easily prevented. Continue reading

July 10, 2015

Three MA Roofers Injured Due to Preventable Scaffolding Failure

by Altman & Altman

In October of 2014, three Massachusetts roofers were hospitalized following a scaffolding accident that took place at their worksite. The accident in question was easily preventable, considering the fact that these three men were standing atop a plank of spruce that was very clearly marked as being unsafe for scaffolding use. The plank broke, causing the three roofers to fall over two stories to the ground. Their collective and individual injuries were extensive, of which included injuries to the eye, spine, face, chest, rib fractures, broken bones, broken ribs, and a punctured lung. The company that employed these men had been in violation of various safety codes in the past—a lesson they apparently did not learn from. Continue reading

March 18, 2014

Worker Who Suffered Electrical Explosion Injuries Awarded $3.8 Million

by Altman & Altman

A jury in Washington State awarded electronics technician Verl Lee $3.8 million for painful and unusual injuries sustained in an electrical explosion. Lee was working with Advanced Electrical Technologies of Longview when he was contracted to help repair a damaged Variable Frequency Drive at an Oakville, Washington chip mill on January 25, 2010.

Verl Lee sustained his injuries when Daniel Fletcher, an employee of Willis Enterprises who was escorting Lee to a series of malfunctioning cooling fans in the Variable Frequency Drive, struck the fan with a screwdriver when both parties were aware that the fans were energized. Mr. Fletcher’s lapse in judgment caused a short circuit of about 700 volts according the Daily World, a local Washington newspaper. The average wall outlet, easily capable of producing a painful charge, is only 120 volts by comparison. The resulting explosion left Verl Lee momentary blind and with a list of disabling injuries.

According to the National Trial Lawyers blog, Mr. Lee now suffers from, ” hyperacusis (abnormal sound sensitivity) and a case of tinnitus that Dr. William Martin, one of the top tinnitus experts in the world, said put Lee in the top one or two percent of people who suffer from this debilitating condition. Lee also developed chronic pain behind his eyes.” Essentially, Verl Lee’s life has been permanently altered, and he now needs to wear protective headphones and a hearing device to combat the incessant ringing in his ears and sound sensitivity. Lee was an elder in his church and active in both the worship team and the choir. He was forced to give up what he loved because his injuries made it too painful to function in situations with a large amount of people and sound.
Continue reading

June 12, 2013

Man Involved In Quincy, Massachusetts Construction Accident Suffers Electrical Burns

by Altman & Altman

A man who sustained electrical shock injuries in a Quincy construction accident was rushed to the hospital. A Boston Medical Center spokesperson said that Antonio Deponte sustained electrical burns on his forearms after making contact with a power line.

The intensity of the shock reportedly caused DePonte to fall a floor. He also suffered a head injury. The Massachusetts electrical burn accident occurred at the new Central Middle school.

Electrical Injuries and Massachusetts Construction accidents
While many electrical burns may not show themselves on the skin, their damage can be deep, causing severe injury to the tissue. Depending on the strength of the electrical current that was involved, heart rhythm disturbance, cardiac arrest, organ damage, serious entry and exit wounds, and even death occur.

Unfortunately, electrical injuries, including electrocution and electrical shock, are a serious risk for many construction workers every day. Many workers have to work around and with electricity. The Bureau of Labor Statistics reports that electrical accidents is one of the leading causes of construction accident fatalities, with hundreds of fatalities and thousands of worker injuries caused by electrical burns and shocks. Other common causes of Boston construction accidents involving electrical sources include high-voltage power lines, extension and power cords that are faulty or short circuited, defective or poorly maintained power tools, lighting, inadequate ground-fault protection, and negligent use of equipment.

As an injured construction worker, you may not be able to file a Boston electrical injury lawsuit against your employer, but you are likely entitled to Massachusetts workers’ compensation. There also may be other parties associated with the construction job, such as the owner of the project, another contractor, and others that you may be able to pursue legal damages from, in addition to other third parties involved in the accident.

Man injured in accident at Quincy school construction site, Boston.com, June 11, 2013′

Bureau of Labor Statistics

More Blog Posts:
GAO Report Finds State-Run OSHA Programs Failing to Meet Workplace Safety Goals, Massachusetts Workers’ Compensation Lawyer Blog, June 7, 2013
Worker Killed in Northampton Construction Accident, Boston Injury Lawyer Blog, April 19, 2013

Brockton Tractor-Trailer Driver Suffers Electrical Shock After His Truck Strikes Power Lines on I-95 in Attleboro, Boston Injury Lawyer Blog, August 17, 2012 Continue reading

April 19, 2013

Worker Killed in Northampton Construction Accident

by Altman & Altman

Alfred Cabiya, 56, died in a Massachusetts construction accident yesterday morning. The tragic incident happened when he became pinned in the middle of two modular office units. Another worker was treated for non-fatal injuries.

The construction workers were setting up the temporary buildings when one of the units shifted. The Occupational Safety and Health Administration and Massachusetts’s Department of Industrial Accidents are investigating the incident.

Construction Accidents

July 9, 2012

$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family

by Altman & Altman

The family of William Nichols has reached a $7.5 million Massachusetts wrongful death settlement in its lawsuit against EnergyUSA and Smolinsky Plumbing and Heating over the 2010 Norfolk propane explosion that claimed his life. Nichols, a 46-year-old Blackstone electrician, suffered fatal injuries, including burns to 80% of his body, when the blast happened and then trapped him under rubble for over 90 minutes.

At the time of the explosion, he had been working on the air conditioning and heating system in a duplex under construction. There had been no odor to warn him that an explosion was coming.

According to the family’s Norfolk wrongful death complaint, EnergyUSA under-filled a new propane tank, which caused the chemical odorant to fade. This is the reason why the propane that leaked had no smell and could not be detected–a theory confirmed by reports about the leak accident. They contend that the company violated the warning located on the propane tank cover that instructs for the new tank to be filled to capacity. Records indicate that only 200 gallons was delivered to the 1,000 gallon tank on April 29, 2010.