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In most workers’ compensation cases, we are generally dealing what would be considered an accident. This could be an industrial accident, such as person being hurt by a machine or other piece of equipment such as forklift, or we could be dealing with a car accident while driving on the job. In some cases, we are dealing with merchandise or an inventory item falling from a high shelf and injuring claimant. However, in some cases, we are dealing with an injury or death caused by what is definitely not an accident. In some cases, a worker is injured by the intentional acts of a customer, vendor, or third party. Workers’ Compensation may still be the appropriate remedy in these cases.

cheese-1178234According to a recent news article form the New York Times, a deli worker in Brooklyn was shot and killed on a Sunday morning during an argument in the deli in which he was employed. Officers say the three men in the deli got into an argument with the worker. At some point, the three men left the deli, but allegedly one of the three men came back to the deli and shot the worker in his chest before running out of the shop. This worker was rushed to a level-one trauma center in the area, but unfortunately, there was nothing doctors could do for him, and he was soon pronounced dead.   He was 45 years old at the time of his death. Continue reading

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Some of the most serious on-the-job injuries result in the death of an employee. Accidents that are also very serious but do not result in death can result in the lost of an arm or leg. These types of serious accidents resulting in amputation are more likely to occur when doing jobs that involve the use of heavy machinery, though there is often heavy machinery in more types of employment than one might initially think.

mHaZEPUObviously, a factory is likely to have a lot of large machinery, and there can be serious accidents caused by these machines. All machines are supposed to have guards to prevent unnecessary injuries to employees, but we frequently see accidents caused by improperly guarded machines. Continue reading

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According a recent article from BALTV, a worker in the Baltimore area was seriously injured when he fell into a large tank of wastewater “activated sludge” at the sewage treatment plant at which he was employed.

industrialsmokestackCompany officials say the worker was getting into a Bobcat construction vehicle located on the top of what is known as a grit tank at the Back River Wastewater Treatment Plant. When he got into the Bobcat, the bucket on the front of the machine unexpectedly rose up and knocked into the operator. At this point, the operator was knocked off the Bobcat and fell into the grit tank of sludge, causing serious bodily injury.   It has not been said what the full extent of worker’s injuries were, but we do know he was flown by medevac helicopter to a shock trauma center capable of dealing with such a serious on-the-job injury. Continue reading

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Asbestos is a highly toxic substance used in nearly every aspect of production during the industrial revolution.   In many cases, it was used because of its ability to withstand heat, fire, electricity, and caustic chemicals. In other cases, it was used because of its ability to form incredibly strong chemical bonds. As one might expect, this makes it seem perfect as a bonding agent, and the ability to resist fire and heat was considered an added bonus.

asbestos-244234-mBinders such as gun plastic cement and drywall compound were very heavily used in the building trades, including residential, commercial, and even industrial buildings. For example, even today in the construction industry, gun plastic cement is heavily used when installing drywall and joint compounds. Some companies would just make what is called plastic cement and the workers turn it into a product called gun plastic cement by adding industrial grade asbestos.    Gun plastic cement was preferable to non gun plastic cement because the asbestos fibers make it have a stronger bond, and as the hose on the gun gets lubricated the process becomes easier to spread on wallboards. Continue reading

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This time of year, families across the country are driving out to the country to go to county fairs, pumpkin patches, and apple festivals. While these events and festivals can be a lot of fun for the entire family, for workers it often means long hours and sometimes even dangerous conditions.

rideAccording to a recent news article from NBC, a worker at a state fair was working in the midway running an attraction when a nearby carnival ride malfunctioned. The ride was called the Crazy Mouse, and it was spinning carnival riders around when a piece of the ride broke off and went flying toward the state fair mainstay. Witnesses say the piece of the ride hit the worker in the midway and caused a serious, but non-life threatening injury. The worker was taken to a local hospital, so he could be treated for his injury. Continue reading

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Ball v. Multiple Injury Trust Fund, a case from the Supreme Court of Oklahoma, involved a claimant who was injured while working at a tire plant. The injury occurred in July of 2009. Workers filed a claim for workers’ compensation benefits, and a full hearing was eventually held. The judge concluded that worker was 24 percent partially permanently disabled due to her back injury and 5 percent partially permanently disabled as a result of psychological illness. She was awarded just under $50,000 in workers’ compensation benefits.

usdollars3However, the court also found there were preexisting back conditions in the amount of eight percent of her total disability, and the award was adjusted to reflect the partial preexisting condition. To avoid any further litigation, the parties ultimately reached a settlement, and claimant received an award of $75,000 in addition to the previous award of $50,000. Continue reading

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In Flowell Elec. Ass’n v. Rhodes Pump, LLC, claimant was working on servicing a well when he and his employer raised the boom on a work truck within close proximity to some high voltage power lines. They told other workers that they had raised the boom near the power lines and these other workers brought some type of “cover ups” to protect the workers from the power lines. These cover ups were laid across 15 of the high voltage line.

mhX6v10Despite the cover ups as precautions, claimant managed to come into contact with the high voltage lines and was seriously injured. He was working for his employer at the time of the accident and filed a claim for workers’ compensation benefits. His claim for workers’ compensation benefits was approved and he collected benefits but he also filed a negligence against a third party defendant who had its own workers involving in saying the job was safe and provided the covering material. Continue reading

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In Contra Costa County v. Workers’ Comp. Appeals Bd., a workers’ compensation benefits appeal from the Court of Appeal of the State of California, claimant was working as a medical technician when she sustained cumulative industrial injuries to her neck and one shoulder. Her on-the-job injuries required several surgeries and left her with permanent scarring.   When claimant was injured, she was 49 years old and had worked for her employer for around eight years prior to becoming disabled.

mgyptbsLegal records also indicate claimant had a bachelor’s degree and a felony conviction on her record for possession and sale of methamphetamine.   The workers’ compensation board determined claimant was disabled and assigned a disability rating of 79 percent. Her disability on the permanent disability rating schedule was 59 percent. Claimant rejected her rate claimant her future disability would result in further loss of earnings in an amount that would exceed the current rating. She also claimed that due to the nature of her injury, she was not likely to be a good candidate for rehabilitation. Continue reading

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When we think of workers’ compensation, we are often thinking in terms of an on- the-job injury and benefits to compensate worker or his or her family after he or she has been seriously hurt or even killed. However, workers’ compensation benefits are also available for employees who suffer from a work-related illness. Mesothelioma is one obvious workplace illness that comes to mind, but injury from chemical exposure is much more common than most people might think.

safetymaskWhile workplace illness due to chemical exposure can occur in manufacturing plants, and, more obviously, places like research laboratories and chemical plants, there are other industries where workers are particularly at risk for chemical exposure-related illness. According to a recent news article from Safety + Health, beauty salon workers are at high risk for on-the-job illness. Continue reading

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According to a recent report from ABC News, four workers were sent to the hospital after a chemical plant explosion in California. Authorities say the explosion occurred around 8 a.m., and, while the cause of the exposition is not yet known, they do know the chemical involved in the explosion was called silane and should not cause any danger to the general public.   However, the Centers for Disease Control (CDC), says direct contact with silane can cause nausea, coughing, sore throat, frostbite, and hives.

lab-work-803100-mWitnesses say one 42-year-old male victim was taken by medevac helicopter to level one trauma center with severe burns on his face and chest. The other three workers injured in the accident were taken by ambulance to local hospitals, where they were treated and released. Continue reading

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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
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308 Victory Rd
Quincy, MA 02171
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Worcester Office
43 Harvard St
Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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