Articles Posted in Boston Work Accidents

Boston Workers’ compensation lawyers recognize some on-the-job injuries do not become apparent until much later in one’s life. If a work-related injury becomes apparent after one’s employment has been terminated, he or she may still be entitled to benefits. There may, however, be more work required to prove worker was injured on the job.

Central OH Coal Co. v. Dir., Office of Workers’ Comp. Programs involved an employee who worked at an above-ground coalmine from 1945 until he was laid off in 1999. While he never worked underground, he held many different jobs at above-ground strip mines, including as a heavy equipment operator.

There is no doubt that he was exposed to coal dust on a daily basis at the same levels that he would have been at an underground mine. In 1995, he was diagnosed with Chronic Obstructive Pulmonary Disease (COPD), which is also known by coalminers as “black lung.” He had also been a smoker for nearly 40 years, consuming more than a pack each day. The administrative law judge (ALJ) at his workers’ compensation hearing estimated that he smoked the equivalent of 57 “pack years” of cigarettes based, on the amount he smoked.

In 2001, he applied to get his job back, but was not hired because he couldn’t pass the required physical exam. The company believed that, even with his oxygen tank, he could not withstand the harsh environment of working at a coal mine.
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Our workplace accident attorneys understand some employers take shortcuts when it comes to on-the-job safety. For employees working closely with heavy equipment, the result can be devastating.

LeFiell Mfg. v. Super. Ct., an appeal before the California Court of Appeals, involved a worker who was injured while operating a swaging machine. In rendering its opinion, the court wrote at great length about what a swaging machine is and how it works.

Essentially, a swaging machine is designed to take large diameter tubes and turn them into small diameter tubes. It is basically crimps a pipe fitting over another pipe fitting. You could use a swaging machine to attach the end to a hose, so that it could be connected to a faucet or another hose. The way the machine works is that a series of hammers compresses around the tube that is being crimped. The hammers are part of dye assembly that can be changed to match the diameter of the pipe or tube being reduced.
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Our workplace injury lawyers understand that in some jobs, employers must work harder to prevent on-the-job injuries.

The United States Occupational Safety and Health Administration (OSHA) is increasing efforts to keep demolition employees safe on the job. While demolition is generally considered an inherently dangerous occupation, there are number of workplace injuries and deaths that OSHA says could be prevented with proper training and concern for workers’ safety.

One of the major causes of these workplace injuries comes from having workers demolish a building without first conducting an engineering survey to gain a full understanding of the condition of the structure. Without such a survey, demolition companies will not know how walls and other structures will respond to the demolition process. The unexpected collapse of adjacent structures is a major cause of injuries to workers.
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The American Society of Safety Engineers recently held a Safety 2014 conference. Among the issues discussed at the conference was the dramatic increase in the rate of obesity and the impact that a more obese workforce will have on workplace safety.

When workers are heavier, they face different types of risks on the job and are in greater danger of experiencing certain kinds of workplace injuries. With more than a third of the U.S. population currently classified as obese, employers need to account for the special needs of this large portion of the workplace. When a worker gets hurt on-the-job, the injured employee should consult with an experienced workers’ compensation lawyer for help.
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An employee who claimed both workers’ compensation and unemployment benefits at the same time found himself the subject of sudden stoppage of the former, with a demand to pay back his former employer for a portion of those benefits.

In Massachusetts, work injury lawyers know it is possible to obtain both types of benefits under certain circumstances, per MLG Part I, Title XXI, Chapter 152, Section 36B. Essentially, only those with partial incapacity can collect both types of benefits, and only then under strict guidelines.

The laws can vary from state-to-state, but the general idea is that these types of benefits serve two very different purposes. Unemployment benefits are awarded when you can’t work, but are actively looking. Workers’ compensation benefits are paid when you have suffered a disabling injury at work. Someone who is totally incapacitated would, by definition, lack the ability to work and therefore couldn’t be actively looking for employment.
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Summer weather brings many risks for workers. In addition to concerns about heat, summer thunderstorms could also potentially result in workers facing the risk of a lightning strike. To draw attention to the dangers of lightening, the National Weather Service holds Lightning Safety Awareness Week. This year, Lightning Safety Awareness Week ran from June 22 through June 28, 2014.

Employers and workers both need to be aware of the dangers that lightning can prevent and take steps to avoid exposure to dangerous weather. A worker who is hurt on-the-job by a lightning storm should consult with an experienced workplace injury attorney for help pursuing a claim for compensation.
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New businesses and small businesses may not be aware of their obligations for worker safety, or may not devote sufficient resources to keeping employees safe. Worker health and safety must be a top priority for anyone hiring employees, whether they are a start-up company or an established business with hundreds of employees.

Victims who are injured on-the-job need to understand their legal rights in pursuing a work injury claim after an accident or illness. A workers’ compensation lawyer should be consulted by those who are injured or by family members who lose loved ones due to workplace accidents.
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The construction industry is the largest creator of summer jobs in the United States. Unfortunately, it is also one of the most dangerous industries nationwide. According to the Occupational Safety and Health Administration (OSHA), 19.3 percent of all worker deaths happened in construction in 2012.

While many different types of injuries and accidents can happen on a construction site, there are four primary causes of workplace deaths in construction. These include falls, being struck by objects, electrocutions, and being caught in or between objects. As the summer season approaches and construction workers get busy, our construction injury lawyers have some tips for construction workers to reduce the risks of these “fatal four.”
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Women’s Health Week took place from May 12 to May 18 in 2014, and the National Institute for Occupational Safety and Health (NIOSH) took the opportunity to outline some of the safety and health issues that women experience at work. The biggest workplace hazards differ for men and women, but female workers do face significant risks on-the-job.

If you or a loved one is hurt at work, you have legal rights. A Boston workers’ compensation lawyer can represent both men and women injured on the job, as well as surviving family members of those killed in workplace accidents.
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