Articles Posted in Workers’ Compensation

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Last year more than three million American employees experience a work-related injury. For employers this represented around $1 billion per week, in addition to the employees’ social costs. Aside from the financial loses, employees may also be face other disadvantages because of their injuries: if employees are off work for more than six months, they have less than a 50% chance of returning to the workforce. It is an imperative then to establish effective measures to aid employees return to work.

Instituting official return-to-work programs has proven a successful strategy in many private organizations. Firms with RTW programs are 1.4 times faster than those without one in returning the employee to work. That translates into about 3-4 weeks of a time difference. However, in spite of the advantages, not all firms –especially small ones –possess an established RTW program.

Even with an official RTW program in place, employers often face barriers to provide effective, immediate care. According to GEXEX Services, LLC, one of the nation’s largest providers of managed care services, these are the top five barriers return-to-work programs face:
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According to state investigators, a metal clip that was supposed to hold 10,000 pounds in weight is the cause of a circus injury accident that sent Ringling Brothers performs plunging at least 20 feet to the ground during a performance. Eight female acrobats and one dancer sustained numerous fractures and other injuries, including internal injuries and head injuries. Ringling Bros. and Barnum & Bailey Circus is replacing all the metal clips in its show as a cautionary measure.

The 4-inch clip is called a carabinder. The fastener was used to support a frame that suspended the aerialists above ground as a human chandelier during a sequence known as the Medeiros Hair-Hang Act. Now, investigators want to know how and why the fastener failed. The rigging used weighed just 1,500 pounds.

It is possible that the clip, in use by the circus since September, became weak over time. However, human error may have been a factor too. The Occupational Safety & Health Administration is also investigating the fall accident.

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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.
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An industrial worker was killed on Monday when he was fatally struck by a 12,000-pound steel beam that fell on him at Boston Bridge & Steel Inc., an East Boston plant. The victim, 46-year-old Marco Antonio Huezo Mancea, leaves behind a wife and three children in El Salvador.

According to a Boston Fire Department spokesman, Mancea became trapped when a “large piece” moved onto him. A preliminary probe into the East Boston industrial accident determined that foul play was not a factor. (At the time of the tragic incident, three workers were with Mancea.)

This is the second Boston industrial worker fatality in less than a week. Last Thursday, a 37-year-old construction worker died from injuries he sustained in a Massachusetts work accident involving a scissor lift.

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Work injuries can be devastating for individuals and families. Getting workers’ compensation benefits after an injury can be a difficult task too. Even with workers’ compensation benefits, some victims may not be fully compensated for their financial, personal and professional hardships. It’s especially important to get full compensation for work injuries that leave victims permanently disfigured or disabled. Workers who have suffered from traumatic brain injuries may be facing a long and uncertain road to recovery where lost wages, medical bills and physical therapy expenses put a financial strain on an individual and their family members.
All About Workers’ Compensation in Massachusetts In Massachusetts, workers’ compensation benefits typically cover medical costs, disability payments and up to 60 percent of your average income. In cases of severe work injury, it may be possible to get more than 60 percent of your average income.
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A Framingham construction worker was seriously injured when a truck weighing close to 140,000 pounds slid backwards, rolling over and crushing the legs of a worker with its tires. The Andover, MA construction accident took place in the Shawsheen River area off Lupine Road.

At the time of the Massachusetts tractor-trailer accident, the worker was attempting to attach an equipment trailer to the large vehicle. He was pinned between two of the back tires on the left side of the truck. The worker sustained serious crushing injuries to his lower extremities.

Rescuers that arrived at the Andover construction accident scene needed approximately 25 minutes to get him out from under the large truck. OSHA, Massachusetts State Police, and Andover police are all investigating the incident.

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At least 18 people were hurt during a natural gas blast in Springfield, Massachusetts’s entertainment district at around 6 pm tonight. The explosion at the Scores Gentlemen’s Club, leveled the local strip club, and also damaged a five-story building and a nearby day care. A tattoo parlor a block and a half away also experienced property damage from the incident.

The blast happened after gas workers had wrapped up their investigation of the smell of gas in the area. They had evacuated the street and were just about to let people return when the explosion occurred.

Spokespeople at Mercy Medical Center and Baystate Medical Center say that none of the injuries appear to be life-threatening. Among those hurt were 10 firefighters and cops and three gas workers. One dancer from the strip club reportedly told The Republican that the smell of gas had been present for a while. She says the gas company even checked it out earlier this week.

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It’s happened to all of us at times, being just a few seconds too late to catch the bus pulling away from the curb.

On the night of August 23, 2012, Paul S. Kouroyen, 33, took the sting of missing the bus a little closer to heart. The 455 cruised away from Wonderland Station into its route, despite Kouroyen’s pleas from along aside it, and eventually from behind, to wait for him. Kouroyen then followed the bus driven by Baulo Rodriquez, 50, to Central Square in Lynn, Massachusetts. He asked Rodriguez if he was the driver who had left him. Rodriguez, a twelve year veteran of the MBTA, replied that he was.

A beating followed.

Rodriguez suffered bruises to his left and right cheeks, and cuts to his legs and fingers despite his attempts to defend himself. Police arrived to confirm the incident with testimony from Rodriguez and passengers who witnessed the assault. The bus driver was bleeding from the mouth and nose, obviously upset.
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If you’ve been injured in a Boston slip and fall accident, you could be entitled to both Massachusetts workers’ compensation benefits and third party compensation. Our experienced Boston injury lawyers can help with both types of claims.

Although you generally cannot sue your employer for injuries sustained on the job, you should be entitled to work injury benefits even if you caused the accident. You will want to file your work injury claim as soon as possible. However, unfortunately, it isn’t always an easy process that is free from complications, which is why it is a good idea to retain a Boston, Massachusetts workers’ compensation law firm that can make sure you get not just all of the benefits that you are entitled to, but also that you are paid in a timely manner and without unwarranted delays. (There are insurers that will try to argue that your injury or illness wasn’t from your job. This is just one of the reasons why having legal representation is to your benefit.)

Massachusetts Workers Compensation

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The Centers for Disease Control says that there is a chemical in certain paint removers used to stripping bathtubs that is being linked to 13 deaths. The fatalities occurred in 10 states in residential bathrooms that didn’t have enough ventilation. The CDC’s Morbidity and Mortality Weekly report said the chemical, methylene chloride, is considered potentially deadly to factory workers and furniture strippers but had not been previously linked to bathtub refinishers. The federal agency is urging manufacturers, trade groups, and public health agencies to warn employers, consumers, and workers about the risks.

If you believe your loved one died from exposure to methylene chloride while on the job, you may be able to obtain Massachusetts workers’ compensation death benefits from his/her employer. While you cannot pursue civil damages from the company or person that your family member worked for, you may have grounds for a Boston wrongful death case or a Massachusetts products liability claim against the manufacturer of the product that contained the high levels of methylene chloride yet didn’t include a warning of the potential dangers or provide instructions on how to ensure proper protection.

10 products containing 60 to 100% of the chemical methylene chloride have been linked to the 13 fatalities. The products were marked to the aircraft industry or for use on metal, wood, masonry, or glass. The product labels don’t say anything about bathtub refinishing.

According to the CDC, the death toll could be higher, because the current count doesn’t factor into account self-employed workers and those believed to have died of heart disease when, actually, exposure to methylene chloride was the cause. The CDC is cautioning that it is best not to use the chemical in the bathroom, which can linger in bathtubs after it is applied. Proper ventilation and protective equipment is also recommended when one has to be exposed to methylene chloride.

CDC: Common Bathtub Refinishing Chemical Can Be Deadly, Time, February 24, 2012
New CDC Alert to Consumers: Bathtub Refinishing Products Deadly, EmaxHealth, February 25, 2012

More Blog Posts:
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, January 28, 2012
Easthampton Police Officer Faces Forced Retirement After Work Injury, Boston Workers’ Compensation Lawyer Blog, January 17, 2012 Continue reading

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