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Boston Workers' Compensation Law Blog

Workers' compensation court allows Facebook photo evidence

Readers in the Boston area may be interested in a recent workers' compensation appeals case that addressed the issue of whether Facebook or Myspace photos should be permissible as evidence in court.

The case involved a 27-year-old man who worked in a warehouse showroom and sustained a hernia in March 2009 when a refrigerator fell on him in a workplace accident. He received temporary disability benefits for more than one year, and after undergoing three surgeries to treat the injury, he was applying for an extension of the workers' compensation benefits due to what he claimed was "excruciating pain."

Demolition worker fatally injured on Walmart work site

Residents in the Boston area may be interested to hear of a lawsuit in Middlesex Superior Court that intends to hold Walmart accountable for the bad safety practices of contractors and subcontractors the retail corporation hired to build and renovate stores. The plaintiffs seek $5 million in damages for the electrocution death of an immigrant worker from Brazil.

The fatal workplace injury happened at a demolition job in Walpole. A crew of Brazilian immigrant workers had been hired to tear down store walls, and it was the first night on the job for the man who was electrocuted. The lawsuit in Middlesex claims that the workers, who worked into the night, were not made aware of live electrical wires on the job. As the men worked, all the lights suddenly went out, and sparks began to fly.

Worker in Hopkinton suffers back injury in construction site fall

Under Massachusetts and federal safety regulations, employers are required to offer adequate safety training to employees to reduce the risk of on-the-job injuries. When employers fail to provide such training, too often workers suffer serious if not life-threatening injuries as a consequence. Readers in the Boston area know that construction sites can be especially risky places for workers if the right precautions aren't taken. Given the varied combination of implements -- scaffolding, power tools, electrical equipment, cranes, forklifts and other potentially dangerous machinery -- workers need all the help they can get in preventing injury.

Unfortunately, one construction worker in Hopkinton suffered a workplace injury when he fell from a house he was helping build. A fire rescue official said that a LifeFlight helicopter had to land at the local New England Laborers Training Center to pick up the worker and transport him to UMass Memorial Medical Center in Worcester for treatment. According to the rescue official, the worker suffered a construction site fall of 20 feet. He was conscious and alert after the accident but complained of back pain.

Explosion at construction site burns Massachusetts worker

An oil company worker recently suffered burns in nearby Weston and had to be rushed to Brigham and Women's Hospital in Boston for treatment. A spokesperson for the man's employer said the accident happened at a construction site at Weston High School, where the man was apparently fueling up temporary heaters when the equipment he was using caught fire.

Though the fire was soon contained and did not spread to other occupied parts of the school, the building was evacuated for about 30 minutes as a safety precaution. Officials said the worker was the only person injured.

Defective product claim filed against Massachusetts company

Workers in the greater Boston area will be interested to hear of a lawsuit against a corporation in Massachusetts that makes safety equipment. The case recently went to federal court and was filed by a man who suffered a 60-foot ladder fall while repairing a wind turbine in Wisconsin. The defendants in the case are Tractel LTD of Toronto, Tractel Group of Germany and Tractel Inc. of Massachusetts.

According to the lawsuit, the man suffered serious and permanent injuries as a result of the fall, which occurred when he was employed by Clipper Windpower Inc. He was inside the wind turbine and using a Tractel safety lanyard when the accident happened. The court documents say the worker tried to descend the ladder that was attached to the inside of the windmill tower, but he slipped and fell about 60 feet.

Massachusetts security worker stabbed on the job

Many types of jobs require Boston workers to put themselves in situations that most people would regard as dangerous. Still, if workers weren't willing and able to do these jobs to the best of their ability, perhaps even risking injury, then the jobs might not get done. But just because a particular line of work may at times be more dangerous than others, that doesn't mean injured employees don't have a right to workers' compensation benefits. On the contrary, some situations arise that could result in both a third-party personal injury claim and a workers' compensation claim. With these issues in mind, readers in Massachusetts may be interested in a recent incident involving the injury of a supermarket security worker.

According to a local news report, police are still searching for a man in Fall River who attacked a supermarket security guard with a knife. The assailant apparently entered the grocery store, filled a backpack with food and tried to walk out without paying. The 38-year-old security worker confronted the man, who then became combative and shoved the security worker. The man with the backpack pulled a knife and stabbed the employee numerous times.

Voluntary Protection Program under review after violations

Massachusetts readers will be interested to hear that the Department of Labor will now review a workplace safety program implemented by Ronald Reagan in 1982. The Voluntary Protection Program has allowed companies to be exempt from surprise inspections by OSHA, if those companies are deemed by OSHA to have their own adequate safety measures in place. According to the rules of the program, OSHA provides funding for businesses to train their own employees to implement safety standards, and if OSHA decides that a decent program is in place, then the federal agency will not inspect the worksite.

However, the Voluntary Protection Program has not proven to be as effective as advocates might have hoped. A 2009 study revealed that the Voluntary Protection Program was not producing work sites that were any safer than sites inspected by OSHA, which is often stretched thin by understaffing.

2 workers burned in electrical accident in Waltham

As readers in Massachusetts know, construction sites can be busy and dangerous places. A range of people -- contractors, engineers, architects, and other skilled workers -- are often coming and going, and that rolling cast of characters can sometimes pose difficulties in determining liability when a construction accident occurs. However, there are laws and regulations in Massachusetts that are specifically designed to make constructions sites as safe as possible. Sometimes, and especially when repairs are needed on a particular structure, the risk of personal injury is even greater, since the damage to be repaired may create structural dangers for the workers on the scene. In any case, workers who are injured on the job, regardless of the situation, have a right to seek workers' compensation for their injuries.

These important issues are likely on the minds of two employees who were injured today while making repairs to power lines and a bridge on Route 128. The two injured men are employees of the Massachusetts Department of Transportation. At the time of the electrical accident, they were working on a section of damaged conduit. The job required some drilling, and the drill apparently hit some wires, causing a fire. Reportedly, both lanes at exit 26 on Route 128 were closed while the fire and the men's injuries were tended to.

Worker dies in Massachusetts hummus factory

A worker in a Massachusetts hummus factory recently died in a workplace accident after his arm became entangled in an auger, otherwise known as a grinder. According to reports, police arrived at the hummus plant shortly after 1 a.m., and the 28-year-old factory worker was pronounced deceased at the scene. Few details of the accident were available at the time of reports. However, the factory was shut down as the Occupational Safety and Health Administration conducted an investigation.

"It appears to have been a tragic accident," said a spokesman from the county district attorney's office. "It was part of his duties to clean and sanitize the machinery for obvious health code and safety reasons. But the exact circumstances of that will be part of the investigation."

Careful: Boston winter means more slip-and-falls

Winter is approaching quickly in Massachusetts. And for workers and businesses concerned with workplace injuries, that means taking some needed precautions to ensure a safe work environment. According to reports, business owners spend $70 billion a year in workers' compensation payments and medical claims that result from trips and slip-and-falls. Indeed, workers of every kind have a right to do their jobs in an environment that isn't needlessly dangerous, just as employers have a responsibility to take the appropriate precautions to prevent injuries, even in the more slippery winter months.

According to the president of the National Floor Safety Institute and author of "Slip and Fall Prevention Made Easy," the first thing employers should do to protect against slip-and-fall injuries is to install the appropriate floor mats on both the outside and inside of entryways. The matting system can help reduce the amount of moisture and soil entering the work environment, thereby reducing the chances of slip-and-fall accidents. It is important, however, that the proper kind of mat is used. The mats must have a high-traction surface and a backing that resists slippage. The mats must also be made to lay flat. They should be cleaned often and tested for effectiveness. When mats are not cleaned deeply on a regular basis, they accumulate soil and moisture, and can become a cause of danger and not a protection against it.

At Powers, DiCicco & Sahagian, we have three convenient locations in Lynnfield, Quincy and Brockton, Massachusetts, to represent people throughout the North Shore and South Shore, including the cities of Lynn, Peabody, Weymouth, Salem, Beverly, Boston, Saugus, Randolph, Braintree, Quincy, Brockton, Lynn, Saugus, Plymouth, Lynnfield, Middleton, Peabody, Danvers, Whitman, Rockland, Dorchester, Abington, Wakefield, Everett, Revere, Malden, and Reading.

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