According to a recent news article from the Boston Globe, an operator on the Massachusetts Bay Transportation Authority (MBTA) Red Line Mattapan Trolley in Dorchester was driving the trolley car when a man wearing a Michael Myers mask viciously attacked him.hand

For those who are not familiar with the mask, it was a rubber mask that covers the wearer’s entire face and also has rubber hair.  It is named after the eponymous character that served as the bad guy in the popular “Halloween” horror movie franchise. Continue reading

According to a recent news article from ABC News, a former employee of a Pennsylvania Wal-Mart Superstore retuned to the store later that same day and shot an employee.  Authorities have said this does not appear to be a random act of violence.

gunshot-300x225Witnesses reported the 22-year-old defendant returned to the store and shot his former coworker, because he was transitioning his gender from male to female, and the victim was allegedly offended by the defendant’s transition. The two men were reportedly fighting earlier that day before the defendant quit his job and later returned with a gun. Continue reading

According to a recent news article from PIX 11, a worker for an environmental protection contractor was killed when he fell into a huge concrete tank at a wastewater treatment facility in Brooklyn, NY.

waste water treatmentHe was an employee of a contractor that had been hired to perform some major work at the city’s wastewater treatment plant.  Specifically, the worker was there to install a system to de-chlorinate water that had already been treated.  The equipment was being installed into a water channel at the facility. Continue reading

State and local agencies have been looking into the company that was handling a construction project where to two Boston workers were killed when they drowned in a trench after a water main ruptured.  In that on-the-job accident, the trench in which the two men were standing and the entire street quickly filled with water after a main broke, and there was nothing anyone could do to save the two men.  What was supposed to be a rescue effort quickly became a recovery operation as firefighters worked for hours into the night to recover the bodies of the two deceased workers.

broken-water-main-1535002According to a recent news article from the Boston Globe, a great deal of information is coming to light about that construction site that has people asking questions.  One piece of information that came to light was that the City of Boston had allegedly told the construction company that it would not be granted any new work permits for jobs in the city until it made some major changes as to the way they do business. Continue reading

While there is no shortage of reality shows about the world’s deadliest and dangerous jobs, ranging from being a crabber in the Bearing Sea to driving a truck on an ice road, or mining gold underwater, there are lot of ways to get injured or become ill while working at what most people would consider a more normal job.  Many people do not realize that these types of injuries are considered workplace injuries and may allow the injured worker to apply for workers’ compensation benefits.

stethascopeA recent news article from Medical Daily takes a look at some common work-related medical conditions.  The first type of work-related injury or illness that is discussed is carpal tunnel syndrome.   Carpal tunnel syndrome will often result in serious pain in the hand and wrist and possibly the patient’s entire arm.  The condition can also cause weakness in addition to pain.  It is caused when you make repetitive movements that result in pressure being put on the carpal tunnel. Continue reading

Whenever a worker is killed on the job, the employer is required to notify the U.S. Occupational Safety and Health Administration (OSHA) within eight hours, so the agency can conduct a full investigation into the cause of the worker’s death.  If the worker was found to have died as a result of a safety violation, the agency can assess fines against the employer.  If there was something that could have been done in a safer manner, but it was a not a regulatory violation, they can make recommendations and work to change the regulations in the future.

nitrogenIf the agency finds other safety violations, the agency can issue warnings and fines, even if those violations did not result in the death of the worker.  In addition to when a worker is killed, OSHA must be notified within 24 hours of a serious workplace accident that results in an amputation, hospitalization, or loss of vision in at least one eye.  This is also so OSHA can conduct a full investigation into the cause of the accident. Continue reading

Over the past month or so, the Boston Globe has been investigating the conditions under which many immigrants are forced to work.  The paper published an exposé on this issue the previous week and is now looking at some of the myths commonly believed by these immigrant workers that allow employers to take advantage of them. Some of these myths deal with the issues pertaining to workers’ compensation.

construction siteOne of these myths is that when a worker takes a job, he or she is assuming the risk that they will be injured on the job, and if that worker does not have adequate health insurance, that loss will fall on them, as their employer is not responsible to cover them for any medical expenses or lost wages. In fact, this could not be farther from the truth. Continue reading

In Mordhorst v. Dakota Truck Underwriters, a 22-year-old claimant was working for a furniture company doing deliveries.  One day while on the job, he was delivering a sofa that weighed nearly 300 pounds.  While delivering this couch, it fell off the back of the delivery truck and landed on claimant’s head and shoulders.  He was knocked to the ground and was rendered unconscious for a short period of time.

sofaThe day after this workplace accident, claimant went to get medical treatment for his injuries. He was eventually seen by two physicians and treated by a number of physical therapists.  He claimed an injured back and neck.  He was given an MRI, and that test showed he had a herniated disc in his spine.  His doctors also observed that his posture was forward in such a way as to indicate he was trying to compensate the pain in his neck and back.  This type of compensation will often result in additional damage to the patient because he is constantly carrying himself in an unnatural manner. Continue reading

In Hilton v. Flakeboard America Limited, a case from the Supreme Court of South Carolina, an individual was injured when he was bitten by a spider or insect while on the job.  There was no issue in this case as to whether the injury and related illness was compensable under the relevant workers’ compensation status, as it was clearly was, and there was no issue that the injured worker was an employee within the meaning of the statute.

workIn this case, the issue dealt with the concept of maximum medical improvement (MMI).   When someone is injured on the job, and the injury is treatable, they should be given as much treatment as is reasonably necessary to improve the injured workers’ condition. In some cases, this means treatment until the worker is fully recovered, while, in other cases, the worker will never make a full recovery. Continue reading

Typically, workers’ compensation is known as an exclusive remedy.  This means that if a worker is injured on the job or suffers from a work related illness, he or she must file a workers’ compensation claim if he or she is to be compensated for any loss suffered as a result of the workplace injury or work-related illness.

just-a-forklift-1439915This means that if you were injured on the job or suffered a work-related illness, you cannot also file a civil personal injury lawsuit, as workers’ compensation is your exclusive remedy.  However, there are two exceptions to this, but they are limited exceptions.  The first exception, which is rarely applicable, is if your employer engages in conduct that is so extreme and outrageous that justice provides for a means for an injured employee to sue his or her employer.  However, in this case, the employer must not only be at fault, but must have really acted with a complete disregard to the safety of its workers. Continue reading

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