When proceedings began in Oct. 2011, the company was cited for over $589,000 in potential fines related to OSHA violations. As part of the new settlement with the Department of Labor, DeMoulas has agreed to pay $400,000 in fines.
]]> The initial OSHA inspection noted widespread fall and laceration hazards in the Market Basket stores. In one instance cited by OSHA, an employee suffered broken bones and a head injury in a fall, but Market Basket managers failed to call an ambulance. Instead, the injured worker was propped up in a wheelchair and rolled to a loading dock to await a family member who would transport him to a hospital.Workplace safety is the responsibility of all Massachusetts employers, and the Occupational Safety and Health Act of 1970 provides strict rules and regulations that employers must follow. If a company fails to uphold proper safety standards, heavy fines could result, not to mention serious injuries to workers. Employees who have suffered injuries at work should be aware of their rights as they pertain to workers' compensation benefits. Work-related injuries can be painful and disabling, and no employee deservers his or her physical injury to become a financial one.
Source: Nashua Telegraph, "DeMoulas, OSHA reach settlement over workplace safety complaints," Patrick Meighan, May 8, 2012
]]>Overall, there were 4,690 employees who died on the job across the nation in 2010, and 54 of those fatalities happened in Massachusetts. In other words, in 2010, Massachusetts had a workplace-fatality rate of about two per every 100,000 workers.
]]> While the number of Massachusetts employees who suffered fatal work-related injuries was down from 64 in 2009, the national number rose by 139 deaths. In terms of injuries, there were 3.8 million employees nationwide who were injured on the job or contracted a work-related illness in 2010.Massachusetts may have one of the lowest workplace-fatality rates in the nation, but those numbers are never low enough. Workplace injuries happen too often, and even people who work in an air-conditioned office may find themselves suffering from injuries sustained during the course of employment. Readers in the Boston area who have been injured at work may be entitled to workers' compensation. Such benefits are available to help with medical and personal expenses following a work-related injury or illness.
Additionally, lost wages often result from being injured at work, and a solid workers' compensation claim can help employees receive the payments they need to cover basic expenses while they negotiate the road back to health.
Source: Boston Herald, "Report: Mass. worker fatality rate is among lowest," Ira Kantor, May 2, 2012
]]>A total of 58 individuals were killed in 2011 in Massachusetts while working. That number represents a decrease from 2007 when there were 80 fatalities on the job. However, 2011 saw an increase from 2010 when 47 workers lost their lives due to work-related injuries.
]]> To honor the 58 Massachusetts workers who died on the job in 2011, labor and community leaders recently gathered in Boston. There were about 200 people who came to observe Workers' Memorial Day and to raise awareness about workplace safety. A ceremony was held, and labor leaders read the names of the Massachusetts employees who were killed at work last year.Of the 58 named, 13 were community firefighters. Also honored were a machine operator, a store clerk and an arborist, showing that serious workplace accidents can happen on virtually any job site.
Households are too often financially hurt after losing a loved one to a workplace accident, but families faced with such a situation may be entitled to workers' compensation benefits. Workers' comp is a way for most injured workers or the families of fallen workers to collect reimbursement for medical expenses and lost wages due to an accident.
As springtime rolls across Massachusetts, injured employees and their families will want to be sure they receive the maximum benefits from their workers' compensation claims.
Source: Worcester Telegram & Gazette, "State honors dead workers," John J. Monahan, April 27, 2012
]]>According to a news report, personnel at the plant performed CPR on the injured worker, and upon their arrival, paramedics subsequently rushed him to an area hospital. Unfortunately, he was pronounced dead that day.
]]> As is routine, the local authorities alerted the Occupational Safety and Health Administration, which is likely investigating the circumstances of this tragic accident. It may be that the piece of machinery the man was working on was defective in some way, or that the plant was not adhering to state and federal safety regulations. In addition, employers have an obligation to properly train workers who use dangerous machinery.Regardless of the cause of a workplace accident, when a person dies as the result of injuries sustained at work, the victim's family may be eligible to receive workers' compensation benefits. These benefits can go toward making up for the lost wages of the deceased employee, as well as help cover the family's ongoing expenses. Of course, monetary compensation could never fully erase the grief of suddenly losing a loved one, but many families in Massachusetts have found that such workers' comp payments can provide at least some measure of relief in what is already a devastating situation.
Source: Worcester Telegram & Gazette, "Man electrocuted at envelope plant," Kim Ring, April 4, 2012
]]>To address this issue, the Massachusetts state Senate is considering a bill on April 19 to make the failure to provide workers' compensation insurance a felony. The offense is currently a misdemeanor and punishable by up to a year in jail or a fine of up to $1,500. But if the failure were made a felony, then the punishment could increase to up to 5 years in a state prison or a fine of up to $10,000.
]]> However, not everyone agrees that the change in law is necessary. Some believe that the current penalties are more than enough to dissuade employers from breaking the law, and critics of the proposed legislation worry that some employers could be punished for inadvertent mistakes. For example, a worker could be accidentally classified as an independent contractor when, under state law, the person is really an employee. Such a misclassification could result in a felony conviction for an employer.As the legislature considers the bill, employees in Massachusetts should be aware in the meantime that their employer is required to provide workers' compensation insurance. Some companies may try to get around it by paying employees in cash or by deliberately misclassifying workers, but such actions are punishable. If a worker is injured on the job and experiences difficulty with obtaining workers' compensation benefits, he or she will want to be aware of all the available options for ensuring that the situation is properly handled.
Source: Boston Herald, "Workers' compensation failure a felony under bill before Senate," Shira Schoenberg, April 15, 2012
]]>Readers in the Boston area should know that, in order to reduce the chance of injury, construction companies must follow state and federal regulations concerning worker safety. A failure to do so not only may subject the company to fines, but also pose serious risks to workers. After failing to follow at least one of these regulations, OSHA fined Shawnlee Construction $50,000.
]]> The fine was in response to a failure by the company to take adequate steps to safeguard against dangerous falls at construction sites. In this case, an inspection of a public safety building that the firm is constructing in Connecticut revealed that the site was in violation of fall protection regulations. As the company has been cited in three different states over the past five years for similar hazards, OSHA decided to impose an especially large fine.As one of OSHA's area directors explained, falls are one of the deadliest hazards at construction sites. Often, workers are literally just a step away from a fall that could disable them or even cause a fatal injury. While workers' compensation benefits fortunately help with financial expenses following a construction accident, companies in Massachusetts and elsewhere still have an obligation to take steps to greatly the limit the chance of worker injury.
Source: The Sun Chronicle, "OSHA fines Plainville firm $50,000 due to safety issues," Jim Hand, April 4, 2012
]]>The fatal work accident happened in East Longmeadow, Massachusetts, during the afternoon hours of March 29. The man was in the back yard of a home when the tree began to fall. Although he attempted to get out of the way, he was unable to safely escape in time. Paramedics took him to an area hospital where he later succumbed to his injuries.
]]> The federal Occupational Health and Safety Administration responded to the scene and will presumably conduct an investigation. If it is found that the tree-cutting company the man worked for was using defective equipment or was otherwise not training its employees properly, the company could face a fine. Additionally, the man's family may also be able to file for workers' compensation benefits, which can help with covering funeral expenses, lost wages and other expenses related to this tragic accident.Massachusetts and federal laws offer protections for workers and their families in the event of an injury. When an injury is fatal, it's not only pain and suffering that affects the grieving family; medical expenses and lost wages can add to the weight and confusion of losing a loved one. Massachusetts residents with these concerns will want to be fully aware of their rights under workers' compensation law.
Source: CBS 3 Springfield, "Southwick man killed by falling tree," March 30, 2012
]]>Still, the man had to be transported by helicopter to Boston Medical Center for surgery in order to remove the nail from his chest and tend to his internal injuries.
]]> The accident occurred at around 9 p.m. while the 41-year-old man was working to ensure that glass panes were properly secured for safe transport. He was using a nail gun and assembling a wooden crate when the tool fired off, sending a three-inch nail into the man's his chest. At the time of a local news report, the cause of the accident was unknown.Readers in the Boston area are likely aware that when a worker is injured on the job, he or she may be entitled to receive workers' compensation benefits. These benefits are often available regardless of fault and may go toward not only medical expenses but also lost wages. Still, it is important to keep in mind that anyone applying for workers' compensation must carefully follow certain guidelines.
In this particular case, the Massachusetts man was reportedly injured while doing work for his employer. As a result, he may be entitled to receive workers' compensation benefits in connection with the workplace accident, and those benefits could prove invaluable in covering the expenses related to the treatment and surgery he received. In the meantime, we wish him a speedy recovery.
Source: The Raynham Call, "Easton worker shot in the chest with nail gun," Justin Graeber, March 23, 2012
]]>That may be the case with a recent motor vehicle accident involving a medium-sized truck owned by a sheet metal business. An employee of the company was seriously injured after the truck collided with a utility pole on the afternoon of March 16. Fortunately, according to Massachusetts General Hospital in Boston, where the worker is now receiving treatment, he was listed in good condition. But depending upon the nature of the injuries, he may still require significant recovery time.
]]> This particular accident happened in Nashua, New Hampshire, and authorities are investigating what may have led to the crash. Regardless of how the accident happened, though, the man may be able to receive workers' compensation since the benefits are often available regardless of fault.Of course, there may be the question of whether the man was acting on behalf of his employer at the time of the accident, though his driving the company truck would suggest that he was working. The man was taken to two different hospitals for his injuries, and that means he may have to confront considerable medical expenses. Additionally, his injuries may be serious enough to keep him from working, resulting in lost wages. To help with these monetary expenses and the cost of recovery, the man would likely do well to look into his options for workers' compensation.
Source: Nashua Telegraph, "Truck versus utility pole at rush hour closes down Lowell Road in Hudson for hours," Joseph G. Cote, March 17, 2012
]]>With these thoughts in mind, readers in the Boston area will be interested to hear of a recent workers' compensation settlement for over $8.9 million. The case has made some headlines and is being reported as the largest of its kind.
]]> The initial claim was filed after a painter fell from a 20-foot scaffold in 2004. He was only 18 years old at the time. As a result of the injuries sustained in the fall, he now suffers from anxiety, depression, psychosis, multiple personality disorder and cognitive deficits. The young man will likely require medical care for many years to come.The recent settlement was reached after the man's lawyer (not affiliated with this firm) was able to make a convincing argument that showed the settlement was in the best interest of the state and would save the state money in the future.
The monetary compensation was agreed upon in a California workers' compensation proceeding, and the man will now receive monthly payments for the rest of his life.
Normally, the party who funds such a large settlement buys an annuity policy for an upfront fee, which is less than the sum of all of the payments. The insurance company then sends the agreed-upon monthly payments to honor the obligation. The man's injuries were severe enough to warrant lifetime medical care, and it is indeed fortunate for him that his case was won.
Details surrounding the exact nature of his injuries and how the fall occurred were not revealed in the news report. However, the amount of the settlement is enough to indicate that this man may never physically be the same and will likely never be able to work again.
Employees in Massachusetts who have been injured on the job are also entitled to workers' compensation to help with the recovery process and the struggles associated with it. Those who believe they are entitled to benefits would do well to familiarize themselves with the application process so as to fully understand their legal rights and responsibilities, as well as to ensure that all available benefits are awarded.
Source: ABA Journal, "Whether or Not the Biggest in Calif. History, $8.9M Worker's Comp Settlement Is 'Pretty Darn Large'," Martha Neil, March 7, 2012
]]>The problem was that his accidental thumb amputation was so severe that doctors were not certain they could do anything to improve the situation. However, thanks to a recently successful toe-to-thumb surgery, the man can look forward to being able to use his injured left hand at 60 to 80 percent of capacity.
]]> The details of the original workplace injury were not reported beyond the fact that the man completely lost his thumb down to the third interior joint. The operation to replace the thumb with one of the man's toes was understandably complicated, though he is now said to be recovering from the surgery. Doctors reattached bones, blood vessels, nerves and tendons during the procedure.Though the injury occurred on a job in Mississippi, surgeons at St. Mary's Hospital in San Francisco performed the operation. There was some concern about the extent of the employer's workers' compensation insurance package. It did not appear that the insurance would cover what was termed cosmetic surgery. However, the insurance company is said to have stepped forward and agreed to cover a portion of the operation's cost.
Whether in Mississippi or Massachusetts, workers are likely to suffer injuries in the course of their employment. Typically, workers' compensation provides important benefits for the injured employee, regardless of the cause of a workplace accident.
In this instance, an employee was able to use the benefits to cover medical expenses occasioned by the unfortunate loss of his thumb. However, the right to benefits and their amount is not always clear-cut, and workers who are seeking coverage would do well to understand the relevant law and procedures as they pertain to the specific circumstances of an injury.
Source: ABC 7, "Man undergoes toe-to-thumb surgery at St. Mary's," Carolyn Johnson, Feb. 29, 2012
]]>Workers in the Boston area know that OSHA typically investigates the causes of serious injuries that occur in the workplace. In this instance, the inspectors discovered 10 violations which were deemed to be serious.
]]> The violations included the company's failing to maintain crucial safety measures to ensure that machinery was turned off during maintenance. Further, it was determined that employees' understanding of safety procedures was lacking and that insufficient training had been provided for workers whose jobs required them to work in tight spaces. OSHA also said that a workplace hazard existed because workers were unduly exposed to the possibility of falling into the drum through an unprotected chute opening.OSHA issued proposed fines totaling $70,000 as a result of its investigation. The governmental agency levied a fine of $7,000 for each of the purported violations. The director of OSHA's regional agency for Essex and Middlesex counties indicated that these types of problems can lead to worker injuries and even fatalities in a matter of seconds. The fines assessed against the recycler are the maximum permitted.
Workers in the Boston area who have been injured on the job will want to take the necessary steps to obtain workers' compensation benefits. An OSHA investigation is often important to obtaining such benefits, in addition to medical records showing that the worker sought timely treatment for work-related injuries.
Source: Recycling Today, "OSHA proposes fine against Massachusetts scrap metal firm," Feb 3, 2012
]]>Massachusetts residents will be interested in a recent workers' compensation case involving a cashier who was injured after a driver lost control of his vehicle and crashed through the window of the produce market where the cashier was working.
]]> After some debate, a workers' compensation commission in Illinois ruled that the cashier would be eligible to receive workers' compensation benefits. While a cashier's job isn't typically thought to be dangerous, the commission decided that the woman could receive workers' comp benefits because her job placed her at a higher risk of injury than the general public faced. Because her cash register was located at the front of the store next to some large glass windows and the parking lot, the woman was more likely to be injured if a car crashed through.The commission considered the fact that the general public was free to move about the store, but the woman wasn't. In fact, some customers who were in the market at the time were injured in the accident. However, none of the customers was required by employment at the market to stay in one place throughout the workday. Therefore, the woman's job placed her at a greater risk of injury than the risk faced by customers.
Workers in Massachusetts who have similar concerns regarding workers' compensation claims will want to consult with a legal professional who is fluent in workers' compensation law. Since the law regarding workplace injuries is quite complex, seeking legal counsel is likely the most expedient step toward obtaining due compensation.
Source: riskandinsurance.com, "Comp covers cashier injuries caused by out of control vehicle," Feb. 16, 2012
]]>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."
]]> The case took place in Arkansas, and he appealed after the Arkansas Compensation Commission denied his application for an extension, asking that the appeals court ban from evidence Facebook and MySpace photos of him partying.The young man's lawyers argued that the photos were not related to his medical needs and that the admission of the photos was a disgrace to workers' compensation systems and the court.
However, the appeals court agreed with the workers' compensation commission, which found that no additional medical care was needed and that there was no wrongdoing by the court in allowing the photos.
The photos, which depicted the man drinking and partying, contradicted his claims of excruciating pain, according to the court.
Much can be inferred from photographs, though of course they do not always tell the whole story. For this and other reasons, Massachusetts residents who are pursuing workers' compensation benefits may want to be careful in choosing what exactly is posted to social media websites.
Source: ABC News, "Court Okays Facebook Party Photos in Workers Comp Claim," Lyneka Little, Feb. 3, 2012
]]>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.
]]> When police arrived on the scene, the deceased man had been badly burned and fatally electrocuted.According to the lawsuit, which disclosed state inspection records, a subcontractor hired by Walmart hired a licensed Massachusetts electrician for the sole purpose of obtaining permits. The subcontractor then used unlicensed electricians on the work site.
The lawsuit in Middlesex goes on to say that Walmart construction sites have been characterized by a pattern of unsafe practices. Contractors in numerous states have apparently been cited for using unlicensed contractors and hiring licensed workers only to obtain permits.
An attorney for the deceased worker's family claimed that Walmart hired untrained, unsupervised and unlicensed workers in order to cut costs.
Readers in Massachusetts know that employers have a legal obligation to ensure a reasonable degree of workplace safety. When employers fail to meet their obligations and instead try to cut costs, too often workers are injured, sometimes fatally. Workers who have been hurt on the job will want to explore all of their legal options to secure the due compensation for their injuries.
Source: boston.com, "Suit raises questions about contractor safety," Megan Woolhouse, Feb. 5, 2012
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