Construction Accidents

March 27, 2012

Driver in 2010 Framingham Road Construction Accident Death Pleads Guilty

The criminal trial of the man accused of fatally striking a Framingham highway worker is about to start. Jeremy Gardner faces the criminal charges of motor vehicle homicide and drunk driving.

According to police, Gardner, 31, fatally struck Gregory Vilidnitsky, 57, on Route 9 on September 14, 2010. At the time, the highway worker was working on a paving project. The authorities contend that Gardner did not stop his pickup truck at the Framingham highway construction accident site and instead kept on driving until he hit an oil truck. Walter Smith, who was riding in the vehicle with Gardner, at the time, allegedly attempted to get into the driver’s seat and get away. He is charged with DUI and will undergo his own criminal trial.

Unfortunately, road construction workers are at risk of serious injuries while on the job. They are easy targets for vehicles on the road and the dangers they face can be exacerbated by poor warning signs, inadequate barriers separate the construction zone from oncoming traffic, construction trucks and other large vehicles and machinery obstructing driver visibility, and driver negligence, including speeding, distracted driving, or drunken driving.

A highway construction worker that is injured in a Framingham traffic accident is likely entitled to Massachusetts workers’ compensation benefits from his/her employer. While an injured worker usually cannot sue an employer for personal injury if the injury was sustained on the job, there may be third parties, such as a negligent motorist or another entity involved with the construction job that can be sued for damages.

Even if a responsible party didn’t intended to cause the Framingham wrongful death or injury accident, liability can still be found if negligence was a factor. A driver that causes a Massachusetts highway construction accident may also have to contend with criminal charges that would be handle in a separate, unrelated proceeding.

Maine man sentenced to 8 years in prison for killing MassDOT worker in Framingham OUI Crash, The MetroWest Daily News, March 27, 2012

Maine man pleads guilty in Mass. highway death, Boston.com, March 27, 2012

More Blog Posts:
Boston is 3rd on Safe Driver List, Survey Reports, Boston Car Accident Lawyer Blog, March 18, 2012

Boston Taxicab Drivers Sue City over Wage & Workers’ Comp Concerns, Boston Workers Compensation Lawyer Blog, March 8, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck, Boston Injury Lawyer Blog, March 23, 2012 Continue reading

March 6, 2012

Boston Construction Accident Results in $1.6M Massachusetts Personal Injury Settlement

by Altman & Altman

A construction worker who sustained serious back injuries has reached a $1.6 million Boston injury settlement with the defendants of his Massachusetts construction accident lawsuit. The plaintiff, Leo Camilli, was hurt while excavating broken chunks of sidewalk during a job for Cicconi and Sons Construction Company, Inc.

Camilli contends that on July 24, 2007, the bucket of a backhoe struck his back while he was working and to this day he continues to experience physical pain and is unable perform physical labor. He also claims that he cannot lift heavy weights or sit, stand, crouch, stoop, bend, or kneel for too long. Not only has Camilli undergone multiple surgeries, and he is expecting to undergo more procedures, but also, he continues to take pain medications.

Following the Brighton, Massachusetts construction accident, Camilli sued the company, as well as its employee, backhoe operator Thomas Flebotte. Camilli claimed that it was Flebotte’s responsibility to make sure that there were no workers in the work zone before swinging the backhoe. He also said there should have been a foreman in charge of letting Flebotte know when the area was clear.

Now, the defendants have offered him $1.6 million in this third-party tort claims against them. According to court documents, an economist has estimated that in the wake of Camilli’s loss of ability to remain in the competitive labor market because of his back injuries, the former construction worker’s income loss is at about $1,402,507.00.

Boston Construction Accidents
Massachusetts construction workers place themselves at serious risk of injury when doing their jobs. This is why it is so important that a site is kept safe and proper precautions and procedures are implemented to minimize the chance of serious injury.

Unfortunately, many construction injuries are serious enough that the worker may no longer be able to hold a job/make a living. While you generally cannot sure your employer for Boston injury, you should be entitled to Massachusetts workers’ compensation benefits. That said, if there were other parties involved in the construction project, such as the project owner, contractors, architects, and others, you may be able to file a third-party claim for personal injury compensation, in addition to receiving your work injury benefits.

Read the Notice of Docket Entry (PDF)

Construction Accidents, Justia

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 Continue reading

January 24, 2012

Propone Tank Explodes at MA High School Construction Site, Injuring Worker

by Altman & Altman

According to news reports, a propane tank exploded at Weston High School today at a construction site. Neither the high school building-apparently about 25 feet from the propane tank-nor any student was affected by the explosion, and the fire was quickly extinguished. A 50-year-old construction worker, however, did appear to receive second-degree burns on his face, hands, and knee from the explosion and was immediately brought to Boston’s Brigham & Women’s Hospital. The cause of the explosion is current unknown, but is being investigated.

Construction sites are prime locations for injuries to occur, since they are often contain heavy equipment like forklifts and cranes, scaffolding, electrical equipment, and hazardous substances, along with dust and fumes. Construction workers thus risk falling from great heights, being crushed by heavy equipment, or being exposed to unsafe toxic chemicals.

Workers who are injured on the job, or who believe their work environment poses safety hazards, may file a complaint to have OSHA (Occupational Safety and Health Administration, a division of the U.S. Department of Labor) investigate your case.

May 9, 2011

Boston Hospital Gives Full Face Transplant to Man Burned in Construction Accident

by Altman & Altman

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.

January 19, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw

by Altman & Altman

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.

December 31, 2010

Propane Tank Involved in Deadly Norfolk Construction Blast May Have been Lacking Chemical Odorant

by Altman & Altman

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.

November 5, 2010

Residents Assess Damage from Readville Gas Explosion

by Altman & Altman

The Readville neighborhood residents whose homes were damaged from Wednesday’s explosion on Danny Road are now assessing damage, according to the Boston Globe. Dozens of windows were shattered and one homeowner believes that her house was moved from its foundation.

After the explosion, 40 homes had to be evacuated. According to residents interviewed by the Globe, windows were broken, pink insulation and smoke went through the air, and it felt like an earthquake.

The explosion occurred when a Defelice Corp. contractor accidentally cut into a gas line causing gas to seep into a nearby home. The general manager of Defelice claims that all proper safeguards were taken and all notifications were made prior to digging. Defelice had been subcontracted by the Boston Water and Sewer Commission to work in the neighborhood.

An NSTAR spokesperson told the Globe that Defelice did not contact Digsafe about their plans for Danny Road.

On-site explosions are a common cause of devastating personal injuries and damage to property. When explosions are caused by negligence, a person involved may be entitled to compensation for medical costs, property damages, lost wages, pain and suffering and possible punitive damages.
Continue reading

September 9, 2010

Fatal MA Work Explosion Leads AG to Investigate the Delivery of Faulty Propane Across New England

by Altman & Altman

The fatal explosion which occurred during a Massachusetts condominium construction project in July has led the state attorney general to investigate the delivery of faulty propane to locations across New England and New York.

Martha Coakley, the Attorney General, stated that the propane from a facility in Westfield lacks the necessary odorant which alerts homeowners and workers of a possibly dangerous gas leak.

Officials began to inspect propane supplies following the discovery that it was a propane leak which caused the death of a Norfolk construction worker this summer. Other construction workers stated that they did not smell a leak before the explosion occurred. The propane was traced back to a facility in Westfield.
Continue reading

July 16, 2010

Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof

by Altman & Altman

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

February 8, 2009

Boston Crane Collapse Kills One Massachusetts Construction Worker and Injures Another

by Altman & Altman

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