Massachusetts Workers Compensation Lawyers Blog

January 1, 2016

OSHA Fines Employer After Massachusetts Worker is Killed on the Job

The United States Occupational Safety and Health Administration (OSHA) is the federal agency under the auspices of the United States Department of Labor (DOL) charged with the task of investigating any serious or fatal workplace accidents that occur in the United States, including the Commonwealth of Massachusetts.

If OSHA determines an employer was at-fault in connection with a fatal workplace injury, the agency has the ability to levy fines against the employer and require the employer to make certain changes. However, it should be noted that under the Workers’ Compensation system, it is not necessary for an employee who is injured on the job to prove any fault on behalf of his or her employer. In the case of fatal on-the-job accident, it is not necessary for the employee’s family to prove fault on behalf of the employer. It is only necessary to prove that the employee’s injury or illness was work related. Continue reading

December 31, 2015

Massachusetts Store Fined After Falling Boxes Cause Workplace Injury

by Jeffrey S. Glassman

One of the more common scenarios that results in on-the-job injuries involves objects falling on an employee. In some cases, were are dealing with merchandise or supplies placed precariously on high shelves, and, in other cases, improperly installed shelves or retail fixtures have collapsed on workers causing serious injuries, including head trauma.

According to a recent report from the United States Occupational Safety and Health Administration (OSHA), a large furniture chain store in Danvers, Massachusetts is responsible for an employee being seriously injured when boxes full of patio furniture fell on him. Continue reading

December 30, 2015

New OSHA Regulations Could Help Boston Workers Stay Safer in 2016

by Jeffrey S. Glassman

As 2016 approaches, employers and employees should begin looking ahead to how they can make sure next year is one of the safest years on worksites. Workplace accidents continue to kill and injure thousands of workers every single year, but Occupational Safety and Health Administration (OSHA) is continually working to refine safety rules and bring the injury and death rates down.

Safety News Alert reports there are likely to be four new OHSA regulations which will be debuted in early 2016. Employers and employees should watch the results of pending OSHA rule-making to find out what new safety rules will take effect early next year.

December 28, 2015

Armed Robberies Can Lead to OSHA Citations for Employers

by Jeffrey S. Glassman

Violence in the workplace is a major issue year-round, including during the holiday season when financial stress can lead to criminal acts. Employers must be aware of the risks of violence faced by employees and must ensure that they take steps to prevent injuries and deaths from occurring. While employers cannot prevent every single act of violence which occurs, they are required to take reasonable precautions to reduce the chances employees will be victimized by violence.

Preventing Employee Injuries and Fatalities Due to Workplace Violence

Safety BLR reports on a situation where an employer was held responsible by Occupational Safety and Health Administration (OSHA) for a failure to protect workers from threats of violence. OSHA standards do not specifically address the obligation of a company to protect against violent acts, but a failure to provide adequate safeguards can be a violation of the general duty clause. In the case reported on by Safety BLR, it was this standard used to impose liability on an employer and the proposed penalty to be levied against the company was $7,000.

December 20, 2015

Keeping Boston Employees Safe During the Busy Holiday Shopping Season

by Jeffrey S. Glassman

The holiday season brings significant workplace safety risks to employees within the hospitality field and within the retail field. An influx of customers can mean added dangers that leave employees vulnerable. Workers need to be aware of the added risks they face, but ultimately it is employers who are going to be responsible for making sure working conditions are safe no matter what the season brings.

December 18, 2015

Seasonal Temp Workers in Boston Present Workplace Safety Challenges

by Jeffrey S. Glassman

To meet excess demand during the holiday season, many companies need to hire part-time or seasonal workers. The hiring of seasonal help is common in the retail industry and the hospitality industry, but other companies may also bring in extra help as well, including landscape companies hired to do holiday decorations for their customers.

Whenever seasonal workers are hired, these temporary employees often come into the job unfamiliar with workplace safety protocols. This means these employees are at added risk of injury, and their lack of knowledge of safety processes can also endanger all full-time workers on-the-job as well. Employers need to be aware that seasonal temp hires can present added risks of accidents and must take all reasonable steps to reduce the dangers.

December 15, 2015

Protecting Boston Workers from Winter Workplace Injuries

by Jeffrey S. Glassman

Winter weather in the Boston area means new risks for employees, especially workers in fields like construction that require time outdoors as well as employees who must drive on icy roads. Employers need to take precautions to help reduce the chances of winter workplace accidents and employees need to be aware of the added risks they face so they can also be responsible for accident prevention.

December 15, 2015

Municipality of Anchorage v. Stenseth: Workers’ Compensation Benefits

by Jeffrey S. Glassman

Municipality of Anchorage v. Stenseth, a case from the Supreme Court of the State of Alaska, involved claimant who had been injured at work “many years ago.” When claimant filed a request for workers’ compensation benefits, the parties eventually reached an agreement, and the parties agreed employee would waive any future benefits other than medical benefits and that employer would pay employee $37,000.

Claimant retired in 1996 but was still receiving medical benefits in connection with his chronic pain management. However, ten years later, he was charged with multiple felony criminal charges, including selling narcotics. Some of these were prescription painkillers and were somehow related the medicine he was getting as part of his medical benefits. He eventually pleaded guilty to some of charges prosecutors had filed against him, and he spent at least some time in jail. Continue reading

December 5, 2015

Worker Killed After Fight With Customer over Smoking Policy

by Jeffrey S. Glassman

According to a recent new article from KDSK, a woman was working at a Waffle House when a customer began smoking inside the restaurant. Authorities say the employee told suspect he was not allowed to smoke inside the establishment, and he began arguing with the employee. At this point, the man allegedly took out a gun and shot the worker in her head. Other witnesses say victim was serving suspect along with two of his friends and had asked suspect if he enjoyed his Thanksgiving.

When authorities arrived on the scene, they say suspect was still sitting at his table, where he had been when the employee approached him about smoking. He was taken into custody without any additional trouble. After being book and processed at the local police station, suspect was taken to court, where he was charged with first degree murder and is being held in a county jail on a bond of $2 million. Continue reading

November 30, 2015

New Wearable Safety Technology for Industrial Workers

by Jeffrey S. Glassman

Industrial workers often find themselves working in harsh environments. We have workers in steel mills and metallurgy plants working in and around molten metals, which are not only glowing hot but may also be emitting toxic gases. When conditions get dangerous, workers may have no clue until a serious or fatal accident occurs. This is also true of first responders who are constantly rushing into burning buildings or putting themselves under vehicles that are on the verge of collapse.

According to a recent news feature form EHS Today, Intel and Honeywell are teaming up to produce a wearable safety system for industrial workers and first responders. The wearable sensors can monitor employees’ present vital signs as well as conditions in the room. If the workers are wearing an air pack or other respirator or ventilator, the system can monitor that too. The wearable technology will send its data to a local hub that can allow scene commanders to monitor all employees or first responders at one time. They will know if conditions are getting worse, and they will know if someone is hurt. This will increase the rate at which a rescue team can respond, which will help save lives of those injured on the job. Continue reading