Massachusetts Workers Compensation Lawyers Blog

According to the Federal Reserve Bank of Boston and the Executive Office of Labor and Workforce Development (EOLWD), workers in Boston and the Metro north area have high levels of schooling and also have the largest share of young residents and employees in the area.

This is a plus that is balanced out by the fact that close to 15 percent of the working-age residents in the area don’t have a high school diploma. According to the Massachusetts Department of Labor, the recent report, titled “Labor Market Trends in the Boston/Metro North Region,” illustrates the need for the area to step up its availability of post-secondary education to help workers gain the tools they may need in various career fields. This is especially important at the community college level.

In the Boston and the Metro North regions of the state, it’s critical that state officials work to create and build both educational and career paths for young adults.

Our Boston workers’ compensation attorneys understand that Boston and the metro area have a large population of younger residents and younger workers. A lot of regions of Massachusetts face the demographic challenges of a population that’s aging. In contrast, the Boston and Metro North regions have the largest concentration in Massachusetts of employees and residents who are under the age of 35. According to the most recent reports, close to 50 percent of our region’s labor force fell into this category — workers under the age of 35. This young age group only accounts for about a third of the labor force throughout the entire state so you can see how many we have locally. These young people who live in the area are also likely to be well-educated. As a matter of fact, a good number of them already have at least a Bachelor’s Degree.

These young people are disproportionately unemployed though. People who are between the ages of 16 and 24 accounted for the largest share of jobless people among the different categories of young residents. According to recent reports, these young workers accounted for about 30 percent of all of the unemployed people even though they only accounted for about 17 percent of the civilian labor force in the Boston and the Metro North regions.

Thomas M. Menino, the Mayor of Boston, says that he and officials in the area have directed the city’s investments into the struggling labor market. They’re focusing on making sure that everyone is benefiting from the economic successes in the area. The area is working on strengthening the power of the younger and more educated workers, but Menino stresses an importance of making sure that everyone in the area has a job.

It’s important that workers are in a position that they’re able to handle. Regardless of education, degrees and other schooling, workers need to be properly trained in the jobs they’re required to complete at work. Employers are required to make sure of this and to make sure that everyone is provided with the safety equipment needed. Make sure you’re getting the right education on the job not only to make your day run a little smoother, but to help to eliminate your risks for an accident, too!
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More employees were killed by on-the-job violence in Massachusetts than by transportation accidents in 2011, which has traditionally been the leading killer of employees nationwide.

The Bureau of Labor Statistics reports19 employees were killed by workplace violence in Massachusetts last year, compared to the 17 who died in traffic accidents. Only New York City, the District of Columbia and Delaware join Massachusetts in reporting more workplace deaths by violence than by transportation incidents.

Our Boston workers’ compensation attorneys understand workplace violence has become a high-profile work-safety concern in the wake of ongoing media reports about shootings at workplaces, universities and other public places. However, the government’s definition also includes violent death caused by animals and other episodes of workplace violence not readily considered when we think of these cases, including suicides and convenience store robberies that result in a fatal shooting.

Nationwide, 780 workers were killed by violence in the workplace last year, including 458 homicides and 242 suicides. Another 37 people died as a result of an animal- or insect-related incident. Of the 375 fatal events involving female employees, a male spouse or domestic partner was responsible in about 40 percent of cases. In fact, homicide is now the leading cause of death for women in the workplace.

Robbers were the assailant in about one-third of all fatal attacks on male employees — relatives accounted for less than 2 percent of assailants in such cases.

The Occupational Safety & Health Administration continues to push employers to do more to protect employees from violence in the workplace. The issue goes far beyond those who are killed: Nearly 2 million American workers report being the victim of workplace violence each year.

In 2009, a total of 572,000 nonfatal violent crimes were reported in the workplace against victims over the age of 16, which represents about 25 percent of the total according to the National Crime Victimization Survey. Those most at risk were law enforcement officers, security guards and bartenders. Teachers and taxi drivers also faced above-average risks.

In the last 5 years, about 70 percent of workplace homicides were committed by robbers — 21 percent by work associates.

Environmental factors that may increase an employee’s risk of being victimized by violence on the job include working with money, working with unstable people, working alone and working around alcohol.

However, employers are far from helpless and should develop comprehensive programs aimed at keeping employees safe from violence in the workplace, including the establishment of a zero-tolerance policy when it comes to workplace violence.

Yet these incidences are still less likely to be reported to police than violence that occurs outside the workplace. The number one reason given is that the incident was reported to a company official.

Companies have an obligation to be proactive in addressing such risks. When an incident is not properly addressed, it makes it that much more likely violence will reoccur and other employees will be victimized.
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The number of fatal Massachusetts work accidents jumped almost 20 percent last year, according to new statistics released by the U.S. Department of Labor’s Bureau of Labor Statistics.

Our Massachusetts workers’ compensation attorneys are looking at published results in a series of blog entries. Today, we are looking at the 63 fatal work accidents reported last year in Massachusetts. That’s up from the 54 fatal accidents reported in 2010. Massachusetts is one of 23 states to report an increase in fatal work accidents. Hundreds of others are injured on the job each year.

Workplace violence beat out transportation accidents as the leading cause of death on the job in Massachusetts. Nineteen employees were killed by workplace violence — 17 died in transportation accidents. Delaware, the District of Columbia and New York City were the only other places in the nation to report more deaths by workplace violence than by transportation accidents, which account for about 40 percent of all workplace deaths nationwide.

Fatal Massachusetts Work Accidents by Cause in 2011:

Violence: 19 Transportation: 17 Fires or Explosions: 3
Falls: 8 Exposure to harmful substance: 5 Contact with object/equipment: 9
Fatal Work Accidents in New England in 2011 (2010):

Massachusetts: 63 (54)

Maine: 26 (20)

Rhode Island: 7 (9)

Connecticut: 36 (49)

New Hampshire: 9 (6)

Massachusetts workers’ compensation benefits will pay benefits to an injured employee to cover cost of medical care and lost wages in the event of an accident. Survivor benefits are also available to the family of an employee who is killed on the job. In some cases, this assistance may continue via weekly compensation checks until a dependent child graduates from college. The Massachusetts Workers’ Compensation Act also provides burial expenses and the cost of probate filing, including legal fees.

A surviving spouse who does not remarry is entitled to 2/3 of a deceased spouse’s pay for 250 weeks. In some cases, the parents of a deceased employee may also be entitled to survivor’s benefits. Children may receive benefits until emancipated. However, the amount remains the same regardless of the number of children, so as children are emancipated, the amount paid to remaining dependents increases.

These are complex cases, and certainly an experienced workers’ compensation law firm or wrongful death attorney should be contacted in the immediate aftermath of a fatal work accident. Children do not have to be living with the deceased parent to collect benefits, however they must be judged dependent upon that parent. Too often, a family is victimized a second time by not knowing or understanding all of the benefits to which they are entitled. While nothing can bring back a lost loved one, having the financial resources to which you are entitled is never too much to ask.
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Last week, the Bureau of Labor Statistics reported a total of 4,609 workers in the United States were killed on the job in 2011.

This is the first in a series of blogs published by our Boston workers’ compensation attorneys, which will look at this most recent data to see what can be learned about the risk to the U.S. workforce of serious or fatal injuries on the job.

The statistics reveal more than a dozen people are killed on the job every day in the United States — dozens more are seriously injured. The rate of fatal injury was 3.5 per 100,000 full-time equivalent workers — down just slightly from the 3.6 reported in 2010.

While such a preliminary review of the stats reveals apparent good news — closer inspection makes obvious where the declines occurred through the economic downturn. The typical employee should not expect to be safer on the job this year than last. In fact, the number of serious and fatal accidents is likely to increase as the economy continues to recover.

-Private construction accidents: Declined to 721 in 2011 — down about 50 deaths from 2010. These accidents have declined for 5 consecutive years and are down 42 percent since 2006, before the start of the recession.

-Mining industry accidents: Accidents in the private mining sector declined slightly, mostly due to the absence of high-profile disasters. Coal mining fatalities fell to 17 from the 43 deaths reported in 2010 — that’s the year the Upper Big Branch mine disaster claimed 29 lives, becoming the worst U.S. mining disaster in four decades.

-Trucking accidents: Fatal work accidents among private truckers rose 14 percent — no surprise as U.S. manufacturing continues to pick up and the nation struggles with a distracted-driving epidemic.

– Young workers at risk: The continued downsizing and workforce buyouts also had an impact — young workers were more likely to be injured in 2011. Injuries among those 20 to 24 increased 18 percent, while such accidents declined among workers over 55.

More than 150 work accidents in 2011 claimed more than one life. A total of 354 workers were killed in accidents that claimed multiple victims.

Over the next week, we will look at some of the reasons how and why those deaths occurred. Next up, transportation accidents account for nearly half of all fatal on-the-job injuries. By looking at common causes, as well as risk factors among select industries and occupations, we can better work toward the common goal of reducing the number of serious and fatal work accidents.

In all, nearly half (23) the nation’s states reported an increase in the number of fatal work accidents in 2011 — including Massachusetts, where 63 employees died on the job in 2011 compared to the 54 killed in 2010.
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Cavalieri Construction Co. Inc. was recently cited by officials with the Occupational Safety and Health Administration (OSHA), resulting in more than $40,500 in fines. Officials observed some serious excavation hazards while conducting an inspection back in April at its Addison and Washington Street work sites in Chelsea.

Our Chelsea workers’ compensation lawyers understand that trenching and excavation projects are extremely dangerous when the proper safety precautions are not taken. These work sites need to be monitored constantly as fatal work accident may result from unsafe or dangerous conditions.

According to the Centers for Disease Control and Prevention (CDC) there were more than 270 workers who were killed in excavation or trenching cave-ins from 2000 through 2006. These projects in construction are seriously dangers as data with the U.S. Bureau of Labor Statistics (BLS) determined that there were close to 500 fatalities through the last decade. That means that there were close to 55 workers who were killed every year. About 70 percent of these accidents happened within smaller businesses, or companies that employed fewer than 50 workers. Close to half of these fatalities happened among companies that employed fewer than 10 employees.

“The walls of an excavation can collapse suddenly and without warning – burying workers beneath soil and debris before they have a chance to react or escape,” says OSHA’s Jeffrey A. Erskine of Middlesex and Essex counties.

Violations Observed at the Cavalieri Construction Co. Inc. Work Site:

-Employees who were working on the site and were working at depth and allegedly were not offered the proper protection from collapses. The deepest trench observed with no protection was 9 feet deep. The company received a fine of nearly $40,000.

-This was not the company’s first offense. It was fined back in February for these same offenses at a Braintree work site.

-The company also was cited for failing to keep excavated materials away from the edge of the trench. It was fined more than $2,000. Under OSHA’s safety standards, these materials should be kept at least 2 feet away from the excavation opening to help to prevent cave-in accidents.

Companies that complete excavation projects with trenches deeper than 5 feet are required to make sure that these trenches are protected against collapse.

As a matter of fact, lack of a protective system was the number one cause of trench work fatalities. If you’re working in a trench that’s deeper than 5 feet, you’re required to have one of the following:

1.) A slopped ground.

2.) Benching ground.

3.) Shoring the trench with supports such as planking or hydraulic jacks.

4.) Shielding the trench (using a trench box.

Remember, hazards that are associated with excavation work are well defined and preventable. It just takes some observation, some responsibility and some preparation. Always keep an eye out work these kinds of hazards. You could help to save some lives.
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Workers listen up! Have you heard about Anaphylaxis? Well, it’s a life-threatening allergic reaction that can kill you. Food allergies are the number one cause of anaphylaxis. These kinds of allergies affect close to 10 percent of all children under the age of 18 and close to 5 percent of all adults, according to the American College of Occupational and Environmental Medicine.

From 1997 to 2007, then prevalence of these food allergies increase by close to 20 percent in kids under the age of 18. The potential risks associated with this kind of reaction occurring in a worker or a customer, especially among those employed in food services and/or working with vending machines, has skyrocketed.

Our Quincy workers’ compensation lawyers understand that anaphylaxis can be triggered by a number of allergens. Some of these allergens can include food, venom from insects, latex and even medications. What makes this problem tough to handle is that many people who have these allergies are not able to identify exactly what causes the reactions, putting them at serious risks for life-threatening reactions. For these reasons, it’s important that employers eliminate the risks that are associated with this condition.

So what can an employer do?

-Make sure that you have a epinephrine auto injector on site. People who are at risk for these kinds of reactions don’t always carry their own auto-injectors with them. Others may not even know that they have this allergy.

-Make sure that everyone on the work site is aware of the dangers that are associated with anaphylaxis and know how to avoid these dangers.

-Consider creating an awareness campaign to help to get the message out about the risks.

There are other things you can do to mitigate the risks. It’s important that you know the ingredients of the material that you’re working with on the job. You must stay away from high-risk areas if you know that you’re allergic to these ingredients. This also includes any areas that might house insects with the venom.

It’s also important for you to keep an epinephrine auto-injector with you or nearby if you know you have these allergies. These injectors should be used immediately in the event of a reaction. The National Institute of Allergy and Infection Diseases (NIAID) stresses that any delay can produce fatal results.

It’s important that employers are aware of all of the dangers and the hazards that can be present on the work sites. Many times, there are risks, such as anaphylaxis, that are overlooked by employers You’ve got to make sure that anything and everything that could cause harm to you on a work site is eliminated!
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You see it on the news all the time. Convenience stores are robbed each and every day. It’s not the stolen goods that concern us, but the safety of these vulnerable workers. The most common type of work danger that these employees face is robbery and assault.

Each and every year, there are about 30,000 convenience store workers who are at risk for injuries that are related to robberies. Many of these incidents can result in serious or fatal injuries.

Our Braintree workers’ compensation lawyers would like to remind all night-shift workers to be safe and to be alert to their surroundings. You can work to reduce your risks for one of the incidents, but ultimately it’s your employer who is responsible to make sure that the premise is secure and safe. This can include making sure that there are security lights, the parking lot is well lit, and that there are security cameras. It also means using common sense in scheduling employees to work alone, particularly young women. It’s up to you to make sure that your employer is making sure that all of the proper safety precautions are being taken to ensure your safety on the job. Your job should be fun and enjoyable, never dangerous or threatening.

Robberies are the most common crime committed at convenience stores across the nation. Unfortunately, many of these robbers come with no concern for the workers at the establishment. They’ve got their eye on the prize and they’ll stop at nothing to get it.

It’s when robbers and even every day customers get angry that workplace violence occurs. According to the Centers for Disease Control and Prevention (CDC), there are about 1.7 million people who are the victim of a violent crime on the job every year. About 75 percent of these incidents were merely simple assaults while the rest were considered aggravated assaults.

From 1992 to 2010, there were close to 14,000 people who were the victims of homicide on the job. This means that there was an average of more than 700 each year.

Employee safety requires that all employees are trained and that there’s a commitment from everyone in the company. Store security should be taken very seriously to help to protect workers.

Keeping Your Store Safe:

-Never let anyone in after hours.

-Never work alone.

-Always leave the radio or the television on in the back room to make it appear that someone is close by.

-Ask local law enforcement officers what to do should there be a robbery taking place at your location.

-If you’re ever robbed — DO NOT RESIST.

-Keep store windows clear.

-Never keep large bills accessible during off-peak hours.

-Make sure every customer is greeted to alert other employees.

-Keep height markers on the door trim to aid in descriptions.
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