Massachusetts Workers Compensation Lawyers Blog

Laser-Related Work Accidents in Boston and Elsewhere Targeted by OSHA & LIA Alliance

Thu, 17 May 2012 11:04:19 -0500

The Alliance is renewed! The Occupational Safety and Health Administration (OSHA) and the Laser Institute of America (LIA) will continue to work together to help to reduce the risks of work-related accidents in Boston and elsewhere. This Alliance focuses on employee exposure to laser beam and non-beam dangers in research, industrial and medical work places.

This renewed alliance will also be working to share information regarding laser standards and regulations as well as the effects that these devices can have on the skin and eyes. Lastly, the Alliance will be raising awareness about effective laser control measures.

"Worker exposure to laser beams can result in eye and skin damage, and in more serious cases, blindness and skin cancer," said David Michaels Assistant Secretary of Labor for Occupational Safety and Health.

Our Boston workers' compensation lawyers understand that lasers pose some serious risks for accidents on the job. In fact, injury caused by new technologies is a growing area of concern for safety officials.

Workers are urged to be cautious when using new technologies or advanced manufacturing processes. Employers are also reminded to keep work places hazard free. It's a federal obligation for employers to minimize dangers on the work site for all employees. When working with lasers, there are a number of safety precautions that need to be executed to make sure that this is done properly. This renewed Alliance will help to expand the outreach efforts for both employees and employers to share critical information and education to reduce the risks for these injuries.

During this renewed Alliance, fact sheets and popular questions that should be asked at laser facilities will be released. The Alliance will also be conducting Laser Safety Seminars for field staff members.

LIA launched back in 1968 and has been working ever since to help keep those who work with lasers safe on the job. The organization offers technical info and networking opportunities for those in the medical, industrial, government and research communities across the world. The organization currently represents close to 1,500 members.

Preventative Measures:

-Laser Guards.

-Guarding Hydraulic Press Brakes.

-Minimizing Ultra-Violent Radiation.

-Guarding Smoke Generated from Surgical Procedures.

-Regulate Supermarket Laser Scanning Equipment.

-Protective Equipment.

-Laser Safety in Underground Coal Mines.

According to recent studies, man-made light sources have allowed researchers to determine the safe exposure limits for nearly all types of laser and radiation. There is extensive knowledge regarding the dangers of these devices. With the knowledge comes knowledge on how to regulate these devices and to reduce the risks of accidents and injuries when using them.

LASER stands for Light Amplification by Stimulated Emission of Radiation. How it works is that is produces highly directional and intense beam of light. The most common form of injuries produced by these devices happens when tissue proteins are denatured because of the temperature rise following absorption of laser energy.

Risks of Work Accidents in New England Lands Company in Hot Water!

Tue, 15 May 2012 08:34:56 -0500

The big-time grocery chain of the area, DeMoulas Super Markets, has agreed to make all of its 60 Market Basket in both Massachusetts and New Hampshire safer for all of its employees and to help to reduce the risks of work-related accidents in Boston and elsewhere. According to the Occupational Safety and Health Administration (OSHA), the company made an agreement with the Department of Labor to correct its hazards after it was cited with nearly $600,000 in citations back in October. Investigators with OSHA found a number of dangers and hazards at a number of its stores, including serious lacerations and fall hazards at grocery stores.

"This enterprisewide settlement is significant because DeMoulas has agreed not only to correct the hazards cited during OSHA's inspections but also to enact effective and ongoing systemic changes that will benefit all its employees," said Dr. David Michaels, Assistant Secretary of Labor for OSH.

Our Boston workers' compensation attorneys understand that the company originally contested its citations from OSHA officials. After the investigation and after the appeal, the grocery store agreed to dish out nearly $600,000 and also agreed to make the changes to take the proper safety precautions to correct these dangers. DeMoulas will be implementing new safety hazard materials and will be making sure that these materials are enforced at each and every one of its stores.

Officials believe that by implementing new safety measures, employees will be safer on the job and that employees throughout the company will be better protected from work accidents.

According to Michael Felsen, the OSHA director for the New England area, there will be a new health and safety director working with the company as well. This will be a full-time director that will be helping the company to create, coordinate, enforce and push new safety measures.

Included with the new health director:

-Monitor work site safety requirements.

-Complete random safety inspections.

-Suggest provisions to current safety standards.

-Lookout and document safety and health violations on each work site.

-Create and enforce a disciplinary program for all workers.

-Make sure that all employees are getting the right, and effective, safety training.

-Conduct performance reviews on supervisory employees on the job to make sure they're doing their best to help to minimize accident risks.

Employers are reminded that they have a legal obligation to take all of the necessary safety precautions to help keep workers safe and injury free on the job. It's a federal obligation that needs to be taken seriously and can help to save lives.

Risks of Heat-Related Injuries in Massachusetts and Elsewhere Increase during Summer Months

Sun, 13 May 2012 12:16:36 -0500

As we recently reported on our Massachusetts Workers' Compensation Lawyers Blog, officials with the Occupational Safety and Health Administration (OSHA) recently held a press teleconference to discuss the 2012 Heat Illness Prevention Campaign.

Well the campaign is now in full swing now and officials are working around the clock to help raise awareness about the risks and the consequences of heat-related injuries in Massachusetts and elsewhere. In correlation with the safety campaign, the Safety Administration recently released a plethora of materials and information to help employers and employees better recognize the risks and dangers associated with working in the warm weather.

Our Boston workers' compensation attorneys understand that the warm weather is rolling in and so are the risks for heat-related injuries on the job! As a matter of fact, there are thousands who are injured and about 30 who are killed in the U.S. every year because of heat-related accidents. Employees who work outdoors and complete labor-intensive duties are at the highest risks for these kinds of accidents. Workers at the highest risks include farm workers, construction workers, roadside employees, roofers, utility workers, landscapers, baggage handlers and more. Employers and employees are urged to enact procedures to deal with heat-related injuries. Preparedness can help to save lives!

"It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse," said Dr. David Michaels, with OSHA.

To get ready for the summer season and for the heat, OSHA officials have recently released a new webpage with all of the information workers need to know about heat-related injuries. Workers are urged to review the webpage to learn ways to recognize heat-related injuries, how to prevent these injuries and what to do in the event of one. Materials are available in both Spanish and English.

How to Prevent a Heat-Related Injury on the Job:

-Remember these three words: Water. Rest. Shade.

-Be sure to keep yourself hydrated. Drink plenty of water.

-Take plenty of breaks and stay in the shade.

-Make sure your work site has prevention steps in place and that all employees are fully trained.

-Gradually build up workers' ability to work in hot conditions.

-Complete heavy, vigorous work in the morning when temperatures are typically lower.

-Ease new workers into the heat. Don't toss them into a full day of work in the heat during their first day on the job.

-Train all workers about the symptoms of heat-related illnesses as well as what to do if these symptoms are witnessed.

-Have an emergency plan -- acting quickly can save lives!

New England Work Accidents Likely with Lack of Safety Procedures, OSHA Cites

Fri, 11 May 2012 07:31:01 -0500

The Occupational Safety and Health Administration (OSHA) recently fined a company more than $117,000 for failing to take the proper safety precautions to help prevent New England work accidents. The company, Raymond J. Cawley Contracting Inc., was cited for allowing cave-in and other-related dangers on its work site while employees were excavating to replace a sewer line. Employers are required to take all of the mandated safety measures to keep employees safe on the job. In excavation and trenching projects, hazards are plentiful but can easily be contained with the proper knowledge.

Following a recent work site inspection, OSHA officials discovered that two employees were allowed in an 8-foot-deep trench that was improperly sloped or shored to help prevent sidewalls from falling in. In addition, safety and health officials also discovered that materials that had been excavated were placed at the edge of the trench, posing a serious cave-in hazard. Also, the trench didn't have a sufficiently tall ladder for workers to exit swiftly and safely in the event of an emergency.

Our Boston workers' compensation attorneys understand that these workers were not provided with the proper safety equipment either. They weren't given the proper protective helmets, which put them at high risks for being hit by an operating backhoe's bucket and the material that was falling out of it. Lastly, the company didn't properly train these workers to be able to identify hazards and it did not have the trench properly inspected by a safety officials. Employers are required to make sure that employees have the proper safety equipment on the job and that they're properly trained to execute the job safely and efficiently.

Employees who work in trenches and in excavating projects face some serious risks for work-related injuries and even death. Trenches can cave-in in a matter of seconds and can kill employees quickly. With the warmer weather creeping in, contractors are urged to go over their safety programs and procedures with workers to make sure that everyone is properly trained and is better equipped to stay safe on the job. It should also be a top priority to make sure that all trenches are equipped with the proper safeguards. Safety is a team effort and should be a focus of both employers and employees.

Following the OSHA inspection, the company received one willful violation, totaling $70,000, as well as two repeat violations, totaling nearly $18,500. Other various citations, totaling nearly $29,300, were issued for various violations.

Willful Violation:

-Not properly safeguarding a trench.

Repeat Violations:

-Not offering employees with the proper protective equipment.

-Not equipping trenches with the proper safety ladders.

According to national standards, all excavations and trenches that are deeper than 5 feet need to be properly protected against collapses.

Heat-Related Work Injuries in Boston Rising Concern with Rising Temps

Wed, 09 May 2012 06:59:38 -0500

As the warmer months roll in, heat-related work injuries in Boston and elsewhere should be one of the top priorities for employers and employees.

It sure is for the Occupational Safety and Health Administration (OSHA). A press teleconference on May 7th was held to discuss this year's Heat Illness Prevention Campaign. This campaign is used as a nationwide enforcement effort to raise awareness about the dangers that accompany outdoor work and other high-heat jobs.

Every year, there are thousands of outdoor employees who suffer heat-related injuries on the job. Dozens more are killed under these same circumstances.

Our Boston workers' compensation attorneys understand that exposure to heat can result in some serious and permanent injuries. Outdoor workers are highly susceptible to these kinds of injuries, including heatstroke, when the proper safety precautions are not taken.

Heat stress-related injuries include heat rashes, heat cramps, heat exhaustion as well as heatstroke. Employees that are likely to encounter hot work conditions include miners, construction workers, farmers, bakery workers, firefighters, factory workers, boiler room workers and more. Employees at greater risks of heat stress include those who are 65-years-old and older, those who are overweight, those who have a heart disease or high blood pressure and those who take medications. To help prevent these kinds of accidents, employers should provide training to employees so that they understand exactly what heat stress is, how it affects their safety and health and how it can be prevented.

From 1979 to 2003, there were more than 8,000 people across the U.S. who died from excessive heat exposure. That's more fatalities than earthquakes, floods, tornadoes, lightning and hurricanes combined.

Symptoms of heatstroke include:

-Slurred speech

-High body temps

-Chills

-Dry, hot skin or excessive sweating

-Hallucinations

-Severe headache

What to do if you or someone you work with is dealing with a heat-related injury:

-Remember that you may be dealing with a life-threatening emergency. You're urged to call for immediate medical assistance while you begin cooling the victim.

-Get the person into a shady area.

-Cool them down quickly. Place them in a shower, pour cool water on their body, spray them with a nearby garden hose, sponge them with cool water. If there's low humidity, wrap the victim in a cool, wet sheet and fan them a lot.

-Keep an eye on their body temp. Continue cooling them down until their body temp drops to 102 degrees or cooler.

-Do not give them fluids to drink.

-Get medical assistance as soon as possible.

Teens at High Risk for Boston Work Accident through Summer

Mon, 07 May 2012 11:25:58 -0500

Summer break is right around the corner and our teenage students throughout the state are gearing up to snag a job and to earn some extra cash. What they may be unwittingly gearing up for is a work accident in Boston.

For this reason, we are asking parents to sit down for a second and talk with their teen workers about the risks they could possibly face on the job before they head out in search of a paycheck.

These young workers are inexperienced and may not be aware of their rights as a worker in the U.S. and in the state of Massachusetts. It's important that we share with them what they're entitled to and what their responsibilities are as an employee. There are specific child labor laws in the state of Massachusetts, according to the Massachusetts Department of Labor Standards, and these children are to adhere to these age-specific rules.

Our Boston workers' compensation lawyers understand that teen workers have some of the highest risks for work accidents. Their risks are actually about two times higher than workers over the age of 24. In 2010, there were nearly 18 million employees in the U.S. who were under the age of 24. This age group represented nearly 15 percent of the country's workforce. These workers are at such high risks for work accidents because they typically hold positions in workplaces where hazards are abundant, like in restaurants. In these places there are slippery floors, sharp utensils and dangerous cooking equipment, according to the Centers for Disease Control and Prevention (CDC).

There were nearly 400 workers under the age of 24 who were killed in work-related accidents in 2009. About 30 of these fatalities were of workers under 18. There were also 800,000 additional work-related injuries among this young age group during that same year.

Parents are asked to review the following child labor laws and share them with their teens, ages 16- and 17-years-old, to make sure that everyone is aware of their rights on the job this summer:

-Can only work from 6:00 a.m. to 10:00 p.m. on school days.

-Can only work from 6:00 a.m. to 11:30 p.m. on non-school days.

-Can work only 48 hours a week.

-Can only work 9 hours a day.

-Can only work 6 days a week.

-Cannot drive a forklift.

-Cannot work in mining, sawmilling or logging.

-Cannot work on a roof.

-Cannot operate power-driven woodworking machines.

-Cannot work more than 30 feet above of underground.

-Cannot serve alcoholic beverages.

-Must be supervised by an adult when working after 8:00 p.m.

-May voice concerns regarding on-the-job hazards.

-May not work as a firefighter or engineer on a boat.

-May not work in railroad operations.

New England Work Accident Sparks Investigation: Serious Violations Discovered

Wed, 02 May 2012 14:15:12 -0500

After a fire-related work accident in New England, a local company faces nearly $150,000 in fines.

The accident happened at New England Wood Pellet LLC, where safety officials allege a number of repeat violations and serious health violations. The fire occurred at the plant back in October of 2011, according to the Occupational Safety and Health Administration (OSHA).

The fire spread its way through a number of conveying systems and on to a pellet cooler and a dust collector. It sparked a number of flash fires as well. Shortly after that, a number of explosions took place in an exhaust muffler and in the dust collector. Those explosions sent a number of fireballs out of the building, which experts believe caused two additional fires in nearby silos.

Our Boston workers' compensation lawyers understand that the employer was reprimanded for failing to take the appropriate precautions to minimize the risks for accidents. An OSHA investigation determined that these deadly hazards should have been recognized by the employer. Rosemarie Ohar, and OSHA area director, says that the company and the workers are lucky that no one was killed in this accident.

Following an inspection by OSHA, a number of explosion and fire hazards were located and the company was noted for failing to provide protective devices for employees. Inspectors also noticed a number of safety measures missing, including effective explosion protection for dust collection ducts as well as systems to eliminate fires and embers from spreading throughout the facility. They were also cited for using unapproved electrical equipment to vacuum combustible dust.

Because of these observations, the company was faced with roughly $140,000. These citations were repeat violations, meaning that the company was cited for these dangers before within the last five years. OSHA noted these citations the first time back in 2008.

The company was also handed nearly $10,000 for failing to clear a buildup of combustible dust that had gathered on equipment and various surfaces throughout the facility. Experts believe that this mess contributing to the expansion of the 2011 fire. This was a serious violation, meaning that there was substantial probability that a serious, if not fatal, accident would have resulted and the employer should have known about it and should have made the corrections to eliminate it.

Trucking Accidents in Methuen and Elsewhere Targeted with Stricter Medical Examinations

Sun, 29 Apr 2012 12:10:03 -0500

Truck drivers will have to soon undergo more rigorous health exams to be able to keep their commercial trucking licenses. According to Ray LaHood with the U.S. Department of Transportation (USDOT), medical examiners will have to be better trained, certified and tested when conducting physical examinations on truck driving employees.

Under the new final rule, from the Federal Motor Carrier Safety Administration (FMCSA), a national online database will also be created to keep track of the medical professionals who complete this training and certification process. Those who fail to complete the process will be deleted from the system. This new rule is aiming to keep our roadways safe and keep our trucking employees out of a work-related traffic accident in Methuen and elsewhere.

"This new rule will ensure that healthcare professionals conducting exams keep in mind all of the demands required to operate large trucks and passenger buses safely," said LaHood.

Our Methuen workers' compensation attorneys understand that truck and bus drivers have some very risky jobs. You may not think that driving a motor vehicle is very dangerous, but when you think about the rigorous work conditions that these workers endure, you'd change your mind. With more requirements from our healthcare professionals, we can help to ensure that these drivers are better taken care of and better monitored.

The database, the National Registry of Certified Medical Examiners, is a part of the FMCSA's commitment to bettering the oversight of these workers and to help prevent work-related traffic accidents. All of this is to ultimately reduce the number of injuries and fatalities from these accidents. The new database is built off of the National Transportation Safety Board's (NTSB) recommendations for comprehensive training for medical professionals who are in charge of medical certificates for these drivers.

In a month, the FMCSA will be posting its training and testing standards on its website. During this time, medical examiners, employers, drivers, law enforcement officers and members of the public will be able to review these standards and will be able to sign up for updates on the new rule.

In just a few years, all medical examiners conducting exams on truckers will be required to be listed in the database. Truck and bus drivers will also be required to get an examination at least once every two years from one of these qualified medical examiners. Failing to complete an examination can result in a loss of a commercial driver's license.

Healthcare professionals who are looking to be a certified examiner can start registering on the Registry later this summer.

New Campaign Targeting Fall-Related Work Accidents in Milton and Elsewhere

Fri, 27 Apr 2012 11:16:30 -0500

There is a new campaign that is being led by the Occupational Safety and Health Administration (OSHA) and it is being used to help to prevent fatal fall accidents in Milton and elsewhere for those who are involved in the construction industry.

According to Hilda L. Solis, the Secretary for OSHA, the new safety campaign will be providing employees and employers with important life-saving education and informational materials to help to better protect workers who work on roofs, scaffolds, ladders and other high levels.

In 2010, there were over 10,000 workers in the construction industry who died in fall-related work accidents. Nearly 300 additional workers were killed in these kinds of accidents during the year. These numbers are far too high considering the preventative measures available to help curb these incidents.

Our Milton workers' compensation lawyers understand that these kinds of accidents are completely preventable when the proper safety precautions are met on each and every work site. It's important to spread the word and to help raise awareness about this problem to help to correct these dangerous work conditions that many workers throughout the U.S. face.

The recent announcement of the new campaign was made at this year's Action Summit for Worker Safety and Health. The summit was held at a community college in Los Angeles and was one of the many events recognizing Workers' Memorial Day. The U.S. Department of Labor sponsored this event and it is observed each year on the 28th of April to remember workers across the country who have lost their lives while working on the job. This event is used to raise awareness about these preventable work-related injuries.

Solis says that this is one of the best ways to honor these workers, to make sure that other families across the country don't have to go through the same pain and heartache of losing a family member in one of these tragic accidents

Fall-related accidents continue to be the most common of all of the work-related accidents among construction workers. These kinds of accidents account for about a third of all construction worker fatalities. The message of this year's campaign is "safety pays, and falls cost." Employers and employees are urged to hop on board and make the changes to help make their work sites safer for everyone and to reduce the risks of fall-related accidents.

The new fall prevention program of this campaign was developed by OSHA, the National Occupational Research Agenda program and the National Institute of Occupational Safety and Health. These organizations and programs work together to help provide employees with educational materials, common-sense training as well as equipment strategies to help to halt these kinds of accidents.

"The busy summer months are upon us, and now is the time to ensure that workers and employers understand what is required to prevent falls," said Dr. David Michaels, with the OSH.

Risks for Distracted Driving Car Accidents in Boston and Elsewhere: Companies Weigh In

Wed, 25 Apr 2012 12:18:31 -0500

Distracted driving is becoming a bigger and bigger problem on our roadways with each passing day.

According to a recent article in USA TODAY, attention needs to be shifted off teen drivers and placed a little more on company drivers when discussing the risks of distracted driving. Now, companies are coming around and are starting to focus more on liability issues tied in with the dangerous habit and are looking into developing more policies to curb this behavior for their fleet drivers.

The emphasis is on helping to protect drivers from a work-related car accident in Boston and elsewhere.

Their policies are coming with the authority of a new federal law, too. There's a new law on the books that makes it illegal for drivers of commercial vehicles to use any kind of handheld cell phone behind the wheel. This law impacts roughly 4 million bus and truck drivers across the country in addition to the tens of millions of other fleet drivers. This law pertains to those who drive a commercial vehicle that weighs more than 10,000 pounds and passes over a state border for business purposes.

Our Boston trucking accident lawyers understand that this law took effect back in January to get commercial truck drivers to hang up the phone behind the wheel! The law, enacted by the Federal Motor Carrier Safety Administration (FMCSA), comes with a near $3,000 fine and the loss of a license if drivers break it. Companies can face fines of more than $10,000.

"The new (federal) law does put the onus on business owners," says Chris Hayes with Travelers insurance company, which is the country's largest commercial vehicle insurer.

Right now, there are no states than prohibit all cellphone use for all drivers. Nine states prohibit handheld use and 35 states ban drivers from text messaging.

Don Taylor with the Los Angeles-based Reliance Steel & Aluminum says that liability is a big issue when it comes to work-related driving and cell phone use. His company has nearly 2,000 trucks on the road and they ban all drivers from using communication devices at the wheel. A driver can only use a phone or an electronic device if the vehicle is legally parked. This helps them to reduce the risks of accidents and help to keep drivers and innocent motorists safe.

One of the challenges facing companies with the new ban is not being able to get in touch with workers whenever they're on the road. Companies are able to overcome the obstacles though. As Hayes says, if you get one driver in an accident because of distracted driving, then you're losing out on important deliveries and that will cost you money along with the damages you've caused because of the accident. Driving without distractions is a win-win for everyone.

Out of State Medical Treatment in Boston Workers' Compensation Discussed by the Court in Schatz v. Interfaith

Sun, 22 Apr 2012 11:41:55 -0500

Workers' compensation was created in order to provide benefits to employees who have been injured on the job. However, Boston workers' compensation has limitations as well.

Our experienced Boston injury attorneys can help inform you of your rights in your workers' compensation case. Understanding your rights can help you get the benefits and medical care you are entitled to.

A recent case was heard in Minnesota that discusses the law that governs the employer liability for medical treatment an injured employee receives. Schatz v. Interfaith Care Center, No. A11-1171 (Minn. S.Ct. Apr. 11, 2012). Schatz (plaintiff) worked as a realtor for Interfaith Care Center (Interfaith) and was a resident of Minnesota. While working in Minnesota, the plaintiff severely injured her shoulder. Although she received medical treatment in Minnesota, she decided to relocate out of state to Wyoming. She sought treatment for her shoulder from a medical provider in Wyoming. This medical care provider conducted two surgeries on the plaintiff's shoulder, which were a direct result of the work-related injuries plaintiff sustained. This Wyoming medical provider submitted the bills for shoulder surgery and treatment to the Interfaith WC insurer, New Hampshire Insurance Company (insurance company).

Upon receipt of the coverage requests, the insurance company sent the medical provider the amount consistent with the Wyoming WC statutes. The amount sent to the provider did not equal the cost of the treatment which left the plaintiff owing the provider money. Plaintiff entered a WC "medical request for payment" with the insurance company to have the remaining balance covered. The insurance company denied her request; thus, leading to the case at hand.

Plaintiff argued that because the state statute says that an injured employee should not be held liable for medical costs associated with a work-related injury, she should not have to pay the outstanding balance. Additionally, plaintiff supported her argument with the contention that because she was injured in Minnesota, this Minnesota law had to be upheld.

The insurance company argued that Minnesota law does apply but it pointed to a different Minnesota law. The insurance company defended itself by arguing that it was not responsible for the additional payments because of the Minnesota statute discussing the employer's liability for medical treatment costs. This statute says that where an employee is injured in one state and receives medical treatment in another, the employer's liability for medical treatment costs is limited to the amount stipulated by the state where the medical treatment is obtained. See Minnesota Statute §176.136.

Plaintiff countered this argument by stating that there was a conflict between the Minnesota state WC statutes that rendered the result unconstitutional.

The court looks to the facts of this case and analyses the statute. The statutes in question were both unambiguous and clear as to their intent and meaning. Where an employee suffers a work related injury, the employer is legally responsible for "furnishing" an injured employee with the reasonable costs associated with the employee's medical care. Additionally, there is the above referenced Minnesota statute that limits the amount the employer has to pay for out of state treatment by imposing the statute of the state of treatment. However, the court found that the statutes did not conflict as they addressed two different issues.

The court found for Interfaith, and the plaintiff was denied the additional coverage she requested.

Casale v. City of Cranston Discusses Benefits in Boston Workers' Compensation Cases

Thu, 19 Apr 2012 15:30:40 -0500

If you are a civil service member who has been injured on the job in Boston, you may be confused about the benefits you are entitled to. Our experienced Boston workers' compensation attorneys understand your confusion and we can help guide you through the process.

A recent case came out of Rhode Island dealing with the confusion surrounding workers' compensation cases. Casale v. City of Cranston, No. 2010-162-Appeal (R.I. S.Ct. Apr. 4, 2012). This case involves a firefighter named James Casale (Casale or plaintiff) who was injured in a collision while he was driving to the site of an emergency. Plaintiff was employed as a firefighter and fire-truck driver for the City of Cranston (Cranston or city).

On the date of the collision the party who was at fault for the accident was driving his vehicle negligently and because of this negligence the plaintiff and the at-fault driver collided. This negligent driver was uninsured at the time of the collision.

Because of this accident, the plaintiff suffered severe injuries. Plaintiff was unable to perform his job related activities for a significant period of time. When a firefighter or civil service member is injured while on the job, the government employer is responsible for providing compensation. This compensation for injuries sustained while on the job is often referred to as injured-on-duty (IOD) benefits. Consistent with the state statutes governing IOD benefits, the city awarded plaintiff benefits greater than $50,000.

Although the plaintiff had received the benefits from the City, he proceeded to enter a claim with his insurance company (Amica) for uninsured motorist (UM) benefits. Consistent with the contractual duties of Amica, it paid the plaintiff the difference between the policy limit of $100,000 and the amount plaintiff received in IOD benefits from the city. This insurance claim is what caused the dispute between the city and the plaintiff.

UM is a type of coverage that is offered through your automobile insurance carrier. In many states this type of coverage is required, although that requirement is not in every state. When you purchase UM, your insurance company agrees to stand in the shoes of an at-fault uninsured driver who causes an accident with you. This is sometimes seen as a third-party liability because the insurance company is not a party to the collision.

Once the city discovered that the plaintiff received these UM benefits from Amica, the city argued that it was entitled to a reimbursement for the amount the city had paid in IOD benefits. The city looked to the state statute governing liability of third parties for damages. The purpose of this statute is to prevent an injured party from collecting double the amount of benefits. The city argued that the insurance company should stand in the shoes of the liable party and because of this; the city should not have had to pay IOD benefits.

Plaintiff countered this by arguing that he was not collecting double the benefits, in fact he only received the total of $100,000. Plaintiff had not collected double what he was entitled to because the insurance company decreased the amount of IOD benefits he had received from the UM policy limits.

The lower court originally heard this case and held on behalf of the plaintiff. The Rhode Island Supreme court upheld this lower court decision and because the plaintiff had not collected double the damages, the city was not entitled to reimbursement.

This case illustrates how critical it is to understand the benefits you are entitled to before you apply for benefits.

New England Work Accidents Likely for Bath Iron Works Employees

Sun, 15 Apr 2012 08:33:48 -0500

More than $170,000 in fines were recently issued to Bath Iron Works. The company in Maine was cited for a number of serious and repeat violations for neglecting to help to protect workers from an on-the-job accident in New England, according to the Occupational Safety and Health Administration (OSHA).

The recent safety and health inspection comes from OSHA's Augusta office. The inspection was conducted as a part of the Administration's Site-Specific Targeting Program and its local program that is currently being used to focus on the dangers that workers face in ship- and boat-building and repair work environments. The safety and health inspection discovered that the company allowed a number of electrical, mechanical and fall dangers, among other dangers.

Our Boston workers' compensation lawyers understand that workers on this New England work site were not provided the proper fall protection and were working on roof edges that were unguarded. The roofs had openings and various holes posing serious and potentially fatal fall risks to employees. In addition to these fall hazards, the company's work site was also cited for having various trip and fall dangers, obstructed walkways, under-trained employees, failing to keep flammable chemicals properly stored, exposing electrical sheathing, not inspecting equipment properly, etc.

Because of these safety and health citations, the company was fined nearly $94,000 in repeat violations and another $78,000 in serious violations. The serious violations come indicate there was a high probability that serious injury or even death could have resulted from these specific hazards in which an employer probably knew or should have known about. The other half of the safety and health citations, the repeat violations, are filed by inspectors when a company has already previously been cited for the same or a similar violation within the last five years.

"We've focused on this industry because establishments primarily engaged in ship- and boat-building and repair...have higher-than-average injury and illness rates," said William Coffin, OSHA's Maine area director.

This recent safety and health inspection was all a part of the Administration's effort to encourage employees to enact and enforce a sustained, effective, proactive and ongoing safety campaign aimed at workplace dangers and making the changes to eliminate these hazards.

The New England company now has 15 business days from the date of the citations to either comply, meet with an OSHA director or completely appeal the findings.

Risks of Work Accidents in New England Lands Company with $50,000 in Fines

Fri, 13 Apr 2012 07:55:01 -0500

Shawnlee Construction LLC has been cited by the Occupational Safety and Health Administration (OSHA) for neglecting to do its part to help to reduce the risks of work accidents in New England. The company, based out of Plainville, Massachusetts, is now facing roughly $50,000 in proposed fines. The fines come as a result of an OSHA inspection that determined employees faced fall risks of more than 11 feet. These fall risks could cost an employee their life if not fixed immediately and correctly.

"The sizable fine proposed in this case reflects this employer's history of fall protection violations, having been cited for similar hazards in three different states over the past five years," said Paul Mangiafico, and area director for OSHA.

Our Boston workers' compensation lawyers understand that fall accidents continue to be the number one cause of fatal work accidents for employees who work in the construction industry. In this most recent inspection from OSHA, workers were observed being just a small step away from what could be a life-changing and debilitating or fatal accident. These kinds of work-related accidents end the careers of hundreds of workers every year. To help keep these workers safe on construction sites in New England and elsewhere, it's important that they're provided with the proper fall protection and safeguards. These measures can mean the difference between life and death.

After Swanlee Construction LLC was inspected by OSHA, they received one repeat violation. This was the violation for failing to provide workers with fall protection. It was a repeat violation because the company had already been cited with this violation at least once in the last 5 years.

Workplace injuries and illnesses in Massachusetts in 2007, according to the Massachusetts Occupational Injuries and Illnesses Report:

-The most work-related injuries and illnesses were experienced by workers between the ages of 35- and 44-years-old.

-The health and education industry represented about 30 percent of all work-related injuries and illnesses.

-The most common work-related injuries resulted from overexertion (30 percent), contact with equipment/objects (25 percent) and falls (nearly 20 percent).

-The most commonly experienced work-related injury is a sprain or a strain.

-The construction industry had the highest rate for work-related accidents, at more than 6 per 100 workers.

-More than 40 percent of work-related injuries and illnesses required employees to take time away from work to recover.

-Most commonly, work-related injuries happen to the trust, or an employee's shoulders or back.

According to a recent study conducted by the Massachusetts Department of Public Health:

-More than 70 percent of Hispanic workers who had been involved in a work-related accident had never heard of OSHA.

-Nearly 50 percent of White workers were unaware of workers compensation benefits.

New Program Targeting Work Accidents in Boston and Elsewhere in Nursing/Healthcare Industry

Tue, 10 Apr 2012 06:56:12 -0500

Workers across the nation who work in the nursing and healthcare field are getting some help from the Occupational Safety and Health Administration (OSHA) to help to reduce the risks of work-related injuries in Boston and elsewhere.

OSHA recent announced the launch of its new National Emphasis Program (NAP) for these workers. The new program is going to help make sure that more inspections are conducted in these workplaces and that outreach programs are provided for safer work environments for a three-year period. Outreach programs will be used to help get all workers and employers on the same page and with safety as a top priority. This particular industry was chosen by OSHA officials because of the alarmingly high rate for work-related accidents and injuries.

According to 2010 statistics from the U.S. Bureau of Labor Statistics, workers in the residential care and nursing industry had some of the highest injury rates and rates of days away from work. These rates are a direct result of on the job injuries and illnesses. The rates in this industry were more than 2 times higher than the rates of all private industry as a whole. This is alarming considering all of the controls available to address hazards in this industry. That's why OSHAs stepping in, to help these workers to use their available resources and to help make workplaces safer for everyone involved.

Our Boston workers' compensation attorneys understand that a large majority of the injuries and illnesses that were experienced in this industry were a result of slip, fall, trip and overexertion type accidents. When you combine these kinds of accidents, they accounted for nearly 65 percent of the cases in which employees were hurt so bad that they had to take time away from work in 2010.

Throughout this NEP safety program, officials with OSHA will be going after facilities around the country that had high rates for days-away-from-work. Officials will be targeting facilities with a days-away-from-work rate of 10 or higher per 100 full-time employees.

According to Dr. David Michaels, it's important to remember that it's these workers who spend day after day looking after us and our loved ones when we need help. There's no reason that these workers should face such high injury risks.

Common Hazards Associated with the Nursing and Residential Care Industry:

-Dangers associated with exposure to blood.

-Risks associated with the exposure to dangerous materials.

-Exposure to dangerous diseases, like tuberculosis and others.

-Various ergonomic stressors related to moving patients.

-Slips, trips and falls.

-Workplace violence.

-Exposure to dangerous drugs and chemicals.