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The Bureau of Labor Statistics has released the Fatal Occupational Injuries Summary for 2012, and the news is mixed for workers. While the overall number of fatal workplace injuries declined in 2012 as compared with 2011, certain demographic groups experienced more fatalities than in the past. Further, some persistent causes of workplace injury continue to result in a disproportionate number of worker deaths. 2-annual-reports-2-1088939-m.jpg

Our Massachusetts workers’ compensation lawyers know that employees continue to face many risks on the job, even with the declining number of workplace deaths. Workers need to understand what the greatest risks are, and both workers and employers need to do everything they can to try to continue to reduce the number of people who die on the job.
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Safety News Alert has published some advice for employers on what they can do about employees who are on prescription drugs that cause drowsiness or that can interfere with an employee’s ability to do his job. perscription-drug-case-1156714-m.jpg

Our work injury attorneys in Massachusetts know that the issue of prescription drug use– and especially prescription pain killer use– is a big one. In fact, an NBC News report showed an 18 percent jump in the number of workers who tested positive for opiates in 2009, as compared to prior years. While employers may be concerned about their potential liability if a worker on a prescription drug causes injury, those employees who depend upon prescriptions need to know their rights and how the use of a prescription drug can affect a work injury claim.
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According to the Wall Street Journal, the number of workplace injuries recorded by the federal government has declined dramatically, dropping by 31 percent in the past 10 years. This seems, at first glance, like great news for workers. However, our Massachusetts workers’ compensation lawyers know that this decline in workplace injuries may not tell the whole story. wheelchair-1082300-m.jpg

In fact, the apparent reduction in workplace injuries may not have occurred because workplaces really are safer but instead may result from an increased fear of employer retaliation preventing employees from reporting injuries. If this is the case, workers need to be aware of the rules on employer retaliation and should seek legal help from an attorney who can protect their rights.
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The workplace can be dangerous for people of all ages, but young people face special risks on the job. In addition to lacking the experience to avoid some dangerous situations, young workers may also be more likely to take jobs in the restaurant industry or in a field where physical work and manual labor are required. Our Boston work injury lawyers know that these jobs bring with them some serious potential dangers, including the risk of being burned. rusted-neon-green-and-white-cafe-sign-1337952-m.jpg

The Province recently reported on one young man who was badly hurt when he was working at a restaurant job at just 19 years of age. He is now an advocate and spokesperson who is speaking out to other young workers about steps they can take to protect themselves on the job.
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“It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality. We are asking employers to send a clear message to workers and supervisors that your company neither requires nor condones texting while driving,” said David Michaels, Assistant Secretary of the Occupational Safety and Health Administration (OSHA).
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In 2010, there were more than 3,000 people killed and another 416,000 injured in distracted driving accidents. When a driver is engaging in business on their cell phone behind the wheel, their reaction time is delayed significantly. Their reaction time is about the same as a person who is legally drunk. The truth of the matter is that more text messages lead to more accidents.

Our Boston workers’ compensation attorneys understand that a number of studies prove that drivers who read text messages behind the wheel take their attention off of driving for an average of 4.6 seconds. When you’re traveling at 55 miles per hour, that means that you can drive the entire length of a football field without ever setting eyes on the road. And that’s mostly the reason why more workers are killed each year in motor vehicle accidents that from any other cause.
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Officials with the U.S. Department of Labor have ordered Pan Am Railways Inc. to pay out $50,000 to an injured worker for punitive and compensatory damages. They company is also required to take corrective action after being accused by the worker of lying after he filed a Federal Railroad Safety Act complaint with the department’s Occupational Safety and Health Administration (OSHA).
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The employee, who works in the New England area, previously filed a complaint with OSHA (in December of 2011) and states that the railroad had subjected him to disciplinary action earlier in the year after he reported an unsafe work area and an injury. Shortly after the complaint was filed, the work was given a disciplinary hearing. The company believed that the employee made false and incorrect statements to OSHA. Such adverse action can intimidate employees from exercising their FRSA rights, even if the charge is later dropped, as it was in this case.

Our Massachusetts workers’ compensation lawyers understand that workers have a legal right in the U.S. to file a whistleblower complaint with OSHA without fear of retaliation or discipline. When employers respond to these complaints with disciplinary actions and threats, it is completely unacceptable and illegal.
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Crystalline silica kills hundreds of workers and sickens thousands more in the U.S. each and every year. And that’s why officials with the Occupational Safety and Health Administration (OSHA) have proposed a rule to help curb this exposure. They’re looking to curb kidney disease, pulmonary disease, chronic silicosis and lung cancer. They want to do this by lowering employees’ exposure to crystalline silica.
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“Exposure to silica can be deadly, and limiting that exposure is essential,” said Dr. David Michaels, assistant secretary of labor for the Occupational Safety and Health Administration.

Our Boston worker’s compensation lawyers understand that a rule like this could wind up saving about 700 lives and prevent more than 1,500 new cases of silicosis each and every year. Don’t think you’re at risk? Consider this: Exposure to airborne silica dust happens in jobs that involve crushing, drilling, sawing and the cutting of block, brick, concrete and other stone products as well as in operations in which sand products are used — like in sand blasting, foundries and glass manufacturing.
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Officials with the Occupational Safety and Health Administration (OSHA) have recently signed an alliance with the National Association of Women in Construction to develop training materials to help protect the women who work in the construction industry. The alliance is going to be focusing on sanitation and musculoskeletal risks as well as issues related to poorly-fitted personal protective equipment (PPE).
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“We will work together to forge innovative solutions to improve the safety, health and working conditions for women in the construction trades and retain female workers during a critical time of job shortages in this industry,” said Dr. David Michaels with the Occupational Safety and Health Administration.

Our Boston workers’ compensation lawyers understand that different workers may require special attention and assistance to complete a job safely. The aim of this new alliance is to provide fact sheets, training programs and special outreach resources for problems women may face on construction sites across the nation. The alliance also unveiled the new Women in Construction web page. This is a site that not only outlines, but also addressed certain health and safety issues that are specific to female workers.
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The parents of a construction worker who was killed in a New York City crane accident have settled their wrongful death lawsuit for $1 million. According to the Boston Globe, the insurance company, Liberty Mutual, agreed to settle the wrongful death suit that was filed by the 30-year-old’s parents, Colleen and Michael Simermeyer.
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The company in question, Yonkers Contracting, was handed 10 violations and was charged with close to $70,000 in fines because of the accident. According to Daily News, the young worker was crushed when a huge tractor crane collapsed at the Metropolitan Transportation Authority’s No. 7 subway extension project in Manhattan back in April 2012.

Our Boston workers’ compensation lawyers understand that investigating officials noticed that the cable holding the 160-boom was frayed before it snapped and took the life of the young worker. Investigators have determined that this accident could have been prevented if the company had taken the proper safety procedures beforehand. However, Yonkers Contracting is contesting the findings.
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The U.S. Department of Homeland Security, Transportation Security Administration was recently slapped with 14 notices of unhealthful or unsafe working conditions after an inspection ot Logan International Airport in Boston. According to the Occupational Safety and Health Administration (OSHA), the inspection occurred in February as a part of the Administration’s Federal Agency Targeting Inspection Program.
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“Employees who work daily to protect the traveling public also deserve protection against on-the-job hazards, each and every day,” said Brenda Gordon with OSHA.

Our Boston workers’ compensation lawyers understand that airports are very busy places, and sadly accidents and incidents occur on a daily basis. There are various reasons for this, including technical breakdown or system failure, human error and even organizational failures that commonly result because of inadequate training, supervisions or safety procedures.
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Contact Information
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
Quincy Office
308 Victory Rd
Quincy, MA 02171
By Appointment Only

Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
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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