Massachusetts Workers Compensation Lawyers Blog

May 19, 2014

Third Party Litigation Stemming From Work Injuries

Filing a workers’ compensation claim in Boston is typically considered the exclusive remedy an employee has in seeking compensation from his or her employer in the event of occupational injury or disease.

However, that doesn’t mean workers are stripped of all other options. In some situations, third-party litigation may be appropriate. If the accident occurred while you were at work, but as a result of negligence from another person or company, an independent lawsuit for damages might be the best course of action to protect you from damages.

A recent example played out before the Alaska Supreme Court in Conley v. Alaska Communications System Holdings, Inc.. The legal principles presented in the claim mirror many of those that arise in Massachusetts work injury lawsuits.
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May 10, 2014

OSHA: 2014 Heat Injury Prevention Initiative

by Jeffrey S. Glassman

Summer weather and intense working conditions can result in deadly heat-related illnesses.

OSHA has initiated its 2014 heat injury prevention initiative to prevent worker injury caused by heat exposure. The Heat Illness Prevention Campaign is aimed at informing employers and workers about how to prevent heat-related illness and death. As the summer months make heat a working condition of concern in Boston and nationwide, it is important to take into consideration these warnings and to participate in early prevention.

Since beginning the campaign in 2011, OSHA has been able to reach out to more than 7 million employers, workers, and residents, providing valuable resources to prevent heat-related injury. The agency has used its resources to provide information, distribute fact sheets, posters, and host training session to prevent injuries. Our Boston work injury lawyers are dedicated raising awareness and in joining this effort to keep workers safe this summer. Here are some tips for employers and workers to help prevent heat injury:
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May 7, 2014

Staying Safe in Post-Storm Clean-Up

by Jeffrey S. Glassman

Severe storms have torn through the Midwest, the South and the Northeast leaving debris and causing injury and death in some parts of the U.S. This storm season, it is important for workers to stay safe during clean-up efforts. As residents are working to rebuild after the storm, the Occupational Safety and Health Administration is urging workers, employers, and the public to be aware of potential post-storm hazards. As the agency reminds us, clean-up efforts should not result in additional emergency room visits or hospital stays.

According to OSHA, recovery efforts can expose workers to a range of hazards, including falls, electrocution, heavy machinery injuries, and even drowning. Our Boston workplace accident attorneys are dedicated to keeping workers safe and to preventing future accidents and injuries. Our firm is committed to raising awareness and teaming with OSHA to prevent additional injuries during post-storm clean-up efforts. For workers, job duties may involve demolition, debris clean-up, tree trimming, roadway and infrastructure repair, hazardous waste clean-up and emergency response. Here are some tips to help workers stay safe:
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April 30, 2014

Evans v. Fidelity & Guar. Ins. Co. – Carpal Tunnel Syndrome and Workers’ Compensation

by Jeffrey S. Glassman

Not all debilitating work injuries occur suddenly or are life-threatening. In some cases, injuries that occur over time can be equally devastating.

Work injury lawyers know the fact is, anyone who suffers any work-related condition has the right to collect benefits.

One of the more common repetitive-motion injuries, particularly for those who work desk jobs, is carpal tunnel syndrome. This is a condition that causes numbness,weakness and tingling and loss of use in the hands, usually caused by a pinched nerve in the wrist. It can result in difficulty gripping items, carrying things, moving the fingers or severe pain in the palm and hands. Those who frequently type, use a cash register or slice, press or push objects without enough rest breaks are going to be especially vulnerable.
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April 26, 2014

OSHA Investigating Crane Collapse and Electrical Worker Deaths

by Jeffrey S. Glassman

Utility workers face some of the most dangerous working conditions, with falls, electrocution, and other deadly accidents among the daily risks. In a tragic local case, two Bourne utility workers were killed after the boom of a crane supporting them fell to the ground. OSHA is investigating the accident to determine whether safety mechanisms were in place and whether the workers and line company were in compliance with federal regulations. In the event that violations are found, the employer company could face OSHA fines.

According to the Boston Globe, the two workers were only 34-years-old when they lost their lives. They were employed by MassBay Electrical Corp. The electrical company had been contracted to do work on lines for NStar according to a spokesperson for the hiring company. The details of the accident are still unclear as the case is being thoroughly investigated by private and public agencies.
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April 24, 2014

Kim v. Gen-X Clothing – Chemical Dependency Treatment Covered by Workers’ Compensation

by Jeffrey S. Glassman

Chemical dependency treatment can be covered by workers’ compensation benefits under certain circumstances, the Nebraska Supreme Court recently ruled in Kim v. Gen-X Clothing, Inc..

Workplace injury lawyers recognize that this ruling sets an important precedent, and we hope courts in other jurisdictions will take note as similar cases arise.

While laws regarding workers’ compensation benefits vary from state-to-state, the general underlying principle is that the injury or illness must arise out of the course of employment, or at least have been exacerbated by it.
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April 22, 2014

OSHA Sets Final Rule on Electric Safety

by Jeffrey S. Glassman

Electrical fires and electrocutions are a significant risk to workers in construction, factories, and other industrial jobs. After a decade of effort, the Occupational Safety Health Administration (OSHA) has finally published a rule containing new safety requirements to prevent hazards in the workplace. The rule primarily focuses on developing and sharing safety procedures, minimizing distance to electrical sources, and protective gear. Safety advocates are touting the rule as a significant step in the right direction to keep workplaces free from injury and to protect the lives of workers.

OSHA is the federal agency charged with making safety rules and ensuing compliance to protect the health and safety of the nation’s workers. The electrical safety rule will be pivotal in establishing safety guidelines and in holding negligent companies accountable in the event of an accident. Our Boston workers’ compensation attorneys are dedicated to protecting the rights of America’s workforce. We are committed to helping injured workers and their loved ones collect rightful benefits in the event of an accident or injury. Our lawyers are also committed to raising awareness and in staying abreast of legal issues and trends that impact worker safety.
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April 17, 2014

Common Office Back Pain or Repetitive Stress Injury?

by Jeffrey S. Glassman

Working conditions have changed and the computer age has left many of us sitting behind desks. While these conditions are not the most dangerous, they can still wreak havoc on our bodies, including our backs, necks, and hands. Individuals who suffer from repetitive stress injuries may be entitled to workers ‘compensation benefits.

Are you suffering from common office back pain or repetitive stress injury? Our workplace accident attorneys are dedicated to raising awareness to prevent injuries and helping workers recover compensation for lost wages, medical expenses, and other losses.

Back pain in the workplace is common. What can you do about back pain and when can you take legal action for your repetitive stress injuries? Desk life can cause permanent damage to your back and make it more difficult for you to recover from injuries. Back pain is a common problem that can result in long-term and permanent injury. When your condition has worsened to a degree that renders you unable to work or forces you to miss work, you may be entitled to benefits.
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April 12, 2014

Biggest Obstacles to Adequate Safety Training

by Jeffrey S. Glassman

Safety training is essential to protect workers from on-the-job injuries or fatalities. While some employers fail to provide adequate training and don’t prioritize employee safety, others want to do the right thing and ensure their staff is safe. Unfortunately, even employers who want to provide safety training may encounter certain obstacles in their efforts.

Prioritizing safety training is a smart business choice for companies. Not only can they avoid the risk of fines by the Occupational Safety and Health Administration (OSHA) but they will also have a healthier workforce and won’t have as many workers’ compensation claims. Workers who are injured on the job can make a workers’ compensation claim regardless of employer negligence, and should consult with an experienced work injury lawyer. Because workers’ compensation is a strict liability system, the only way to avoid claims for employers is to avoid injuries in the first place. This means employers need to find creative ways to overcome training obstacles to achieve the benefits of effective training.
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April 8, 2014

Safety Issues for Remote Workers

by Jeffrey S. Glassman

Within the first 12 weeks of 2014, there were six deaths of workers performing maintenance or serving cell phone towers. Based on the number of deaths of cell tower workers in 2013 (13 employees total for the year), the rate of deaths in the industry in 2014 is nearly double the number of workers killed last year. This increase is disturbing but not entirely unexpected in light of prior estimates that show the fatality rate in the tower climbing industry is five times the rate of other industries.

Although tower climbing work is recognized as high-risk, the significant increase in deaths in just the first three months of the year is raising questions about how safety protections can be put into place for those who work remotely. These workers may still be considered employees and eligible to make workers’ compensation claims with the help of a workplace accident lawyer, but the workers do not go to a central worksite where an employer can actively take steps to improve conditions and enforce safety rules in order to reduce fatalities on the job.
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