Massachusetts Workers Compensation Lawyers Blog

Another construction worker lost his life recently and a second worker was injured when a 30-foot wall collapsed at the site of a casino being built at a mall in Baltimore. Both accidents happened in Anne Arundel County, according to The Baltimore Sun.

Rescue workers arrived on scene at the site of the Maryland Live! Casino located near a mall in Hanover last Friday morning. According to police, one worker was pronounced dead on scene and the other worker was taken to Shock Trauma with life-threatening injuries. The accidents are being investigated by Maryland Occupational Safety and Health. This is the second accident at the site this month.

Construction workers are at a high-risk for injury on constructions sites this summer. Another common injury that is likely to occur if the proper precautionary steps are not taken is a heat-related construction accident in Massachusetts. As we continue to experience record-high heats, workers are warned and asked to keep cool and safe through the remainder of the summer.

Our Massachusetts workers’ compensation attorneys understand that these workers face potentially fatal hazards on the job every day. It is the responsibility of their employers to make sure these sites as safe as possible and to take all the precautionary steps available to prevent these injuries. These preventative measures are especially important during the summer season as construction workers are working hours a day in high temperature heats.

The Maryland company is in charge of building a 4,750-machine slots parlor and entertainment complex called Maryland Live! Casino. The casino was expected to open by the end of 2012. A number of legal challenges have delayed the project though, which kicked off earlier this year. It is going to include the casino, restaurants and a live music venue.

“Our thoughts and prayers are with the workers and their families,” said Megan Slattery, the construction company’s spokesperson.

As we’ve previously discussed on our Massachusetts Workers’ Compensation Lawyers Blog, heat-related injuries are quite often in the construction injury, especially during the summer in Massachusetts. Workers are asked to keep an eye on one another when laboring under the summer sun.

How to recognize heat stroke of heat exhaustion, according to WebMD:

• Severe, sometimes disabling, cramps, usually in the hands, calves, or feet.
• Hard, tense muscles.
• Often pale with cool, moist skin.
• Sweating profusely.
• Muscle cramps or pains.
• Feeling faint or dizzy.
• Headache, weakness, thirst, and nausea.
• Core (rectal) temperature higher than normal, usually more than 100 F (37.7 C) and increased rate increased.
• Agitation.

Employers are reminded to provide workers with plenty of shaded rest time and with water about every 15 minutes. Try to get the more difficult jobs done and out of the way earlier in the day. Try training new employees in increments, exposing them to period of heat a little at a time.

Remember, the Bureau of Labor Statistics (BLS) reports that were more than 200 heat-related deaths from 2003 to 2009. A large majority of these deaths happened in the construction industry. During those same years, there were nearly 15,500 heat-related injuries and illnesses that required employees to lose days at work.
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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced that it’s made changes to and strengthened the Whistleblower Protection Program.

OSHA will soon be releasing the internal report that was conducted to review the entire program. This program helps protect employees that voice their concerns about work safety issues to help prevent work accidents in Boston and elsewhere throughout the United States.

The protection program currently consists of more than 20 statutes that are used to protect employees who step up and speak out regarding workplace safety issues. The issues include commercial motor carrier, airline, consumer product, nuclear, environmental, securities, financial reform, pipeline, food safety, railroad, health care, public transportation and maritime laws. Employees of all types are protected under these revised regulations.

Our Massachusetts workers’ compensation attorneys understand how beneficial this program is. Oftentimes, workers can face the wrath of an angry employer after reporting them to authorities for potential work hazards. This program helps to protect employees from any form of retaliation from their employer. Retaliation can include being fired, being harassed at your job or being treated differently. Employers are not allowed to fight back after being turned in for presenting work hazards to employees. This protection plan is aimed at encouraging employees to report hazardous findings to help prevent work injuries.

“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said Dr. David Michaels, OSHA’s Assistant Secretary.

The whistleblower program was audited both in 2009 and 2010 by the Government Accountability Office (GOA). Through these audits, the Office determined changes that could be made to better the program. Some of the changes that have been recommended were related to operational procedures, equipment, national and regional program structures, training for both investigators and managers, internal communications, budget, the investigative processes and various personnel issues.

Dr. Michaels says that OSHA will be striving to correct the issues brought forth in the audit from the GOA and from the internal audit.

Some of the major changes that can be found in the new set of rules and regulations include:

-Restructuring: The program will now report straight to the assistant secretary rather than to the Directorate of Enforcement. A pilot project is currently being tested to find more efficient ways to track efforts and hold accountable all of its accomplishments and various activities. The office will hire 25 additional investigators as well.

-Training: A national conference will be held in September for whistleblower investigators and require that all agents complete mandatory training courses.

-Program Policy: OSHA will be releasing the new edition of its Whistleblower Investigations Manual to inform employers and employees of the new updates, laws and procedures. This is the first revision since 2003.

-Internal Systems: The Administration will be looking into how to strengthen and expand their offices to help to ensure that complains are handled in a timely fashion.
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Firefighters are here to protect us. They save our lives, they save our belongings and they save our loved ones. They’re used to stress. Firefighters can make any number of critical rescues during a career, but how many times do we hear about emergencies at the firehouse?

Last week, a Salisbury Fire Department had an emergency of its own. Lieutenant Tim Oliveria was changing the oil of a departmental SUV when the jack failed, dropping the vehicle on top of his chest. Firefighters quickly began the laborious task of extricating one of their own from the potentially fatal work accident in Massachusetts.

Our Massachusetts injury lawyers thoughts and prayers are with the firefighter as the oil-change accident caused some serious internal injuries. His ribs are broken and the stress from the accident was followed by a serious heart attack, according to Boston.com.

“It’s entirely different from the day-to-day stuff we normally run across. This is a brother, a friend. We hang out on off-days,” said Salisbury Deputy Fire Chief Steven LeSage. “It’s not really something I’ve experienced in the 26 years that I’ve been on, because we’re a small department, about 20 guys, not like Boston or FDNY [New York].”

When firefighters were able to finally free the Lieutenant, they noticed that he had no pulse. They were unable to resuscitate him at the scene. An American Medical Response ambulance crew arrived and took him to Anna Jaques Hospital in Newburyport. He was later airlifted to Beth Israel Deaconess Medical Center. His condition was listed as critical as of Monday.

“Our thoughts and prayers are with his family, and we hope that Lieutenant Oliveria has a full recovery,” said Edward Kelly, president of the state fire union.

State Police are investigating the incident.

According to firefighter polls regarding their sources of stress and worry on the job, injury or death to other firefighters continue to be at the top of the list. Surprisingly, injury to themselves remains at the bottom of the list.

“It’s been devastating. Guys have that 1,000-yard stare on, because it’s Timmy,” LeSage said.

As per standard procedure, Merrimac, Newburyport, and Amesbury covered the Salisbury firehouse.

“It is very important. It is extremely important that these guys be able to clear their heads and minds of the incident before they come back to work,” said Merrimac Fire Chief Ralph Spencer, who spent part of Friday working in Salisbury.

According to the National Fire Protection Association, nearly 30 firefighters lost their lives on the job in 2010. During that same year, the median age range of firefighters who lost their lives on the job averaged 52.5-years-old.
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A New England Work Accident ended fatally after two employees were performing work on a rigging cable — the sling holding the cable in place failed. The cable shot across the room and struck the two workers. After inspection of the accident scene and the work site, the U.S. Department of Labor’s Occupational Safety and Health Administration concluded that the test bed guards were not utilized to prevent employees from being struck by the cable.

The company, Composite Rigging Ltd. and Co., has received 18 alleged serious violations of workplace safety standards from OSHA.

Our Massachusetts workers’ compensation attorneys would like all employees to know that it is the responsibility of their employer to eliminate hazards that can cause on the job injuries. If you or a loved one has been involved in a workplace injury, you are urged to contact an attorney to help you fight for your rights and for the compensation you deserve.

“Proper guarding would have kept these workers from being struck,” said Patrick Griffin, OSHA’s Rhode Island area director. “I call upon Rhode Island employers using similar equipment to examine it, and if necessary, take preventive measures so that similar incidents with tragic consequences do not happen again.”

The inspection that OSHA conducted resulted in a number of other hazardous conditions, including:

-Unguarded or inadequately guarded grinders, lathes and fans.

-Misused electrical equipment.

-A powered industrial truck modified without the manufacturer’s approval.

-Lack of daily examinations of a powered industrial truck for defects.

-No suitable quick-drenching facilities for employees working with corrosive materials.

-Lack of a written respiratory protection program; not conducting a hazard assessment of the workplace.

-Inadequate precautions against the ignition of flammable vapors.

-Unlabeled containers of chemicals.

-An inadequate stair rail.

All of these hazardous conditions were found at a facility that was unrelated to the fatal accident. For all of these violations, Composite Rigging Ltd. and Co., faces more than $54,000 in proposed fines.

A company receives a serious violation when there is substantial probability that death or serious physical harm could result from a hazard when employer knew or should have known about it in the first place.

The company will have 15 business days from the date of the receipt of the citations and the proposed penalties to comply, contest the findings before the independent Occupational Safety and Health Review Commission or meet with OSHA’s area director.
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The Monro Muffler Brake Inc. was recently cited for 10 alleged violations of workplace safety standards by the U.S. Department of Labor’s Occupational Safety and Health Administration. The citations were the result of an inspection that was conducted by OSHA because of a work injury in Massachusetts at the company’s Hyannis location back in February of this year.

An employee was burned when a spark from an acetylene torch ignited an open container of gasoline. These 10 citations come with a total of $184,000 in proposed fines.

“This is exactly the type of incident and injury that results when an employer fails to comply with common-sense and legally required safeguards for workers,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “To prevent such occurrences and protect the safety and health of its workers, the employer must ensure that safety and health requirements are met and maintained at all times at all of its locations.”

Our Boston workers’ compensation attorneys would like to remind both employees and employers about the importance of safe working conditions. It is the responsibility of the company and the employer to make sure that all employees, both in-house and on site, are safe and protected from danger, injury and even death. Our lawyers continue to work tirelessly to recognize and fight for the rights of employees who may have been injured in a work-related accident.

OSHA’s inspection on the Rochester, N.Y.-based automotive service company concluded that employees were exposed to a number of fire hazards from the open container of gasoline, an unapproved light fixture in a hazardous location, combustibles allowed in the work area when the acetylene torch was being used and a lack of training in fire extinguisher use for employees.

During the inspection, OSHA also witnessed a significant fire hazard where employees were smoking in the auto service area where combustible fuels are drained and where fuel system components are removed and replaced.

That wasn’t all of the violations that they found. OSHA also identified a number of other hazardous conditions at this location. They reported the discovery of inadequate lighting for work areas, exposed electrical openings, lack of eye flushing facilities, lack of eye protection and failure to inform all employees of the hazards of chemicals in their workplaces.

Monro Muffler Brake Inc. was handed one willful violation with a proposed fine of $70,000 for the fire hazard caused by smoking, three repeat violations with proposed fines of $80,000 for the fire extinguisher, chemical and eye protection hazards and six additional serious violations with $34,000 in proposed fines for the rest of the hazardous conditions.

The company has been given 15 business days from the receipt of the citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission.
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Secretary of Labor, Labor Hilda L. Solis, recently issued an important statement regarding the record high temperatures we’re seeing here in the United States. She’s sending out a warning to all workers urging them to protect themselves against a heat-related work injury in Massachusetts and elsewhere.

Our Boston workers’ compensation attorneys recognize that our nation in experiencing record high temps. This heat wave especially affects those who work outdoors as they’re at an increased risk for heat-related illnesses, including heat exhaustion and heat stroke, according to Occupational Safety & Health Administration (OSHA).

Employers are asked to take the following precautions to help protect their outdoor workers:

-Allow new workers to get acclimated to the extreme heat by gradually increasing the work load over a week.

-When possible, schedule heavy tasks to be completed earlier in the day.

-Provide plenty of water to workers at the job site and remind them to drink small amounts of water frequently. It is best if they drink water every 15 minutes.

-Create a work site plan to prevent heat-related illnesses. Make sure that this plan assures that medical services are available to respond to an emergency should one occur.

-Schedule rest breaks throughout the work shift for all employees. During this time, employees should be provided with shaded or air conditioned rest areas near the work site.

It is also important to inform employees about the symptoms of heat exhaustion or heat stroke. They should be able to spot the condition in themselves and in their co-workers. They should also know and understand the steps to take in the event of an emergency.

In an effort to reduce the risk of heat-related illness, OSHA has launched a nationwide outreach campaign to raise awareness among workers and employers about the hazards of working outdoors, especially during this time of year. Through this campaign, OSHA has partnered with the National Oceanic and Atmospheric Administration (NOAA) to provide workers and employers with weather service alerts, including worker safety precautions when extreme heat alerts are issued.

According to Bureau of Labor Statistics (BLS) data, there were more than 200 heat-related deaths from 2003 to 2009. More than 80 percent of these fatalities were in the construction industry. During that same time period, there were nearly 15,500 heat-related injuries/illnesses that required days away from work.

Remember that water, rest and shade are the three keys to preventing heat-related illnesses in this extreme heat.
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The company in charge of completing the East Framingham Sewer Improvements Project is currently facing federal fines of about $345,000 for violating safety standards created to prevent work accidents in Framingham. The Occupational Safety & Health Administration (OSHA) reports that these offenses are just the latest in a series of transgressions committed by Hyde Park-based P. Gioioso & Sons Inc. These violations have put the company on its repeat violator watch list, according to the Boston Herald.

The company received OSHA’s maximum fine of $70,000 for four separate willful violations. Those violations were witnessed at work sites on Kimball Street in Cambridge and Grant and C Streets in Framingham. Federal inspectors were drawn to the scene after a concerned passerby tipped off the Administration. It was reported that employees were working in trenches with no safeguards in place and no cave-in protection or ladders.

Our Massachusetts workers’ compensation attorneys would like to remind employees, and employers, that safety comes first. All employers are required to protect employees on all work sites. If a company fails to meet federal guidelines and regulations, OSHA will fine the company and continue to monitor their functions until the dangers are eliminated.

“An unguarded excavation is only seconds away from becoming a grave,” OSHA New England Regional Administrator Marthe Kent said in a statement Monday. “Responsible employers ensure that effective safety measures are in place and in use before their workers enter a trench.”

The company is also facing fines totaling $32,000 for a number of serious violations at its Framingham and Cambridge construction sites, according to The MetroWest Daily News.

In addition, Gioioso was slapped with $42,000 in fines for repeat offenses in Framingham. OSHA says that there were trenching and electrical hazards at that work site. The company has been previously cited similar violations.

“We’re going to do that investigation and see where that leads,” says Gioioso spokeswoman Mary McCarthy. Gioioso may appeal these citations.

The company has 15 business days from the receipt of the violations to comply or appeal before the Occupational Safety and Health Review Commission. McCarthy says that the company is conducting its own review of the allegations.

Bill Sedewitz, the town’s chief engineer, said he was surprised by OSHA’s discoveries. Town inspectors had not reported any violations nor had anyone submitted any complaints about the safety conditions of the Gioioso’s work site.

“We’ve had quite a number of contractors working in town, and they’re one of the best we’ve had, in terms of execution and progress,” said Sedewitz.

Sedewitz says he would like get more information regarding the violations from OSHA. He would also like to speak with Gioioso. The company is the top contractor on the East Framingham job. The East Framingham project is a multi-year sewer line replacement job that currently has about 25 to 30 employees working on the site at any given time.

The town’s chief engineer says that the difficulty of the work might have lead witnesses to report such allegations. He says the sites lack no safety measures.

“Typically you don’t have 30-foot excavations on most projects,” he said. “The scale is much larger and more complex.”
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Getting through a workers’ compensation claim in Massachusetts can be confusing, but we’re here to help. This set of laws ensures that your will be provided with money and medical benefits after experiencing an on the job injury. An injured employee can receive money, typically on a weekly or biweekly basis, and medical benefits in exchange for forfeiting the common law right to sue their employer.

Our Boston workers’ compensation lawyers are here to help clear up some of the confusion. Have a question about filing a claim? Check below. We have some answers for you.

Will my workers’ compensation benefits be taxed?

Typically they are not taxed by either the state or federal government.

Will I get any Social Security benefits?

Yes, you may also be entitled to other benefits, such as Social Security. These benefits are different from workers’ compensation benefits. If you’d like to receive these benefits, you are required to show that you had a disability which is expected to last for at least a year.
If you’re unable to work as a result of a disability, you are entitled to Social Security disability benefits. You should apply for Social Security disability benefits at your local Social Security office. If you end up receiving Social Security benefits, money that you receive from workers’ compensation may be credited against your Social Security benefits or vice versa. If your workers’ compensation claim has been settled after you have received Social Security benefits, Social Security may want an offset of the benefits. It’s critical that you take this into consideration before you settle your workers’ compensation claim.

How do I deal with my employer?

Most employers aren’t too excited to pay workers’ compensation premiums. Employers usually think that when workers are injured on the job their premiums will increase or the employee will take advantage of the benefits available.

It’s possible for an employer to either help or hinder an employee’s case. The more you involve your employer in the process, the more inclined the employer will be to help the injured worker with the case. An experienced attorney can help to take care of this with you. An attorney can help you if the employer is not concerned about reporting the accident or ensuring benefits are paid or suspect of the injury. When this happens, the employer is not likely to give proper, accurate and thorough information to the insurance company. They’re also likely to alter the provided the information so that the insurance company is suspect of the claim and delays payment of benefits until an investigation is completed.

Is there any compensation for pain and suffering?

Workers’ compensation is a “no fault” system, meaning workers give up their right to recover for damages due to “pain and suffering.” You can recover pain and suffering monies if you have a claim against a third party, but not against an employer.

What’s the difference between an injury and an occupational disease?

An occupational disease typically results from the nature of the employee’s condition rather than from a specific job. For an occupational disease to occur the condition must be specific to the occupation, the employee must have contracted the disease during the employment and the occupation must present a particular hazard of the disease.

Since a number of occupational diseases take years to reveal themselves and to be diagnosed, the employee could have had many jobs from different employers in the same occupation. It’s unnecessary to determine which job exposed the employee to the disease. The employer whose job last exposed the employee will be found to be liable.
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You’re injured. You were hurt on the job in a Massachusetts work accident. Do you know what to do? According to the Bureau of Labor Statistics, nearly 5,000 employees were injured on the job in 2009. These types of injuries could happen to you if your employer doesn’t help to keep you safe on the job. Massachusetts saw nearly 100 fatal workplace injuries in 2009 alone.

Our Boston workers’ compensation attorneys would like to remind workers that an employer has an obligation to help prevent workplace hazards and to help prevent workplace injuries. There are a number of rules and regulations that an employer must follow to help reduce these risks. Workers’ compensation can be confusing. We’re here to help straighten it out for you.

What is workers’ compensation?

Workers’ compensation is a group of laws that require an employer to provide money and medical benefits to an employee who has suffered an injury because of an accident, injury or occupational disease that occurred on the job. These laws also help to protect workers from injury or death arising out of the work environment. The injured employee can receive money and compensation for medical benefits in exchange for forfeiting the common law right to sue the employer.

How do I know if I’m an employee for a contractor?

Independent contractors are more likely to have non-reimbursed expenses than full-time employees. Employers should not routinely approve reimbursement requests for business-related expenses, because this could be used as evidence of employee status. Independent contractors are typically required to use their own tools and supplies on the job. Employers don’t usually provide tools, equipment or supplies to individuals who are hired as independent contractors. An employee is usually paid by the hour, week, or month. Independent contractors are usually paid by the job. An independent contractor usually makes a profit or a loss on the job. Employees receive routine paychecks whether or not the company they work for makes money. Independent contractors don’t usually get insurance, pension plans, vacations or sick days. Independent contractors are not usually provided with these types of benefits.

Am I covered under the Americans With Disabilities Act (ADA)?

Generally speaking, an employer cannot refuse to hire an injured worker with a disability if the worker is able to perform job functions either with or without reasonable accommodations. Whether or not an injured worker is subject to protection under the ADA after the workers’ compensation injury depends upon the type of injury that is sustained and whether or not they have a permanent disability.

How does the Family Medical Leave Act (FMLA) affect me?

All employers who have 50 employees or more must follow this Act. You’re eligible if you’ve worked for the employer for at least a year or over 1,250 hours. The FMLA entitles 1 to 12 weeks of unpaid leave during any 12-month period because of a serious health condition. An employee may elect, or the employer may require, that the employee substitute accrued paid vacation, personal leave or sick leave during this period of time. An employee is to return to work to their former position or an equivalent position with equivalent employee benefits. If a worker is injured and takes the Family Medical Leave and is unable to return to work after the twelve week time period is up, the employer does not have an obligation to rehire the worker at a later date. The employer is not required to hold the job open indefinitely.

Once I’m injured, how do I choose a medical provider?

Choosing a physician is usually a personal matter. First, you need to obtain prior authorization before locating and visiting a physician of your choice. It is important to remember that a medical doctor usually has at least 20 years of formal education, plus several years of hands-on experience, while completing his internship and residency. Their education and experience regarding your particular problem and injury should be a top concern. It is important to look for a doctor that is board-certified. Make sure you know exactly what type of doctor to look for. Today’s doctors are very specialized and tend to limit their practice to one or two areas.

What if my benefits are denied?

It is not unusual for the insurance company to file a Notice of Denial that indicates that they’re currently disputing your claim for requested benefits. If your claim or any request for benefits is denied, you’re to be notified in writing from in insurer. They should file a Notice of Denial and the reasons for the denial. This is when it is critical for you to contact an attorney.
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Two companies in our state have been recognized by the U.S. Department of Labor’s Occupational Safety and Health Administration for demonstrating excellent standards of workplace safety to prevent work accidents in Massachusetts.

Employees and management at Raytheon Co.’s Cross Business Integration Center have been deemed a “star” site, which is a top honor in OSHA’s Voluntary Protection Programs, for their excellent workplace safety standards.

Our Boston workers’ compensation attorneys know that we oftentimes report stories from OSHA in which they’ve cited companies in our area that have experienced serious, and fatal, on the job accidents. We are proud to tell you about a company that has been recognized for organizing safe work conditions and has succeeded in keeping its workers safe. It’s this kind of dedication to safety and training that helps workers avoid serious injuries.

“The VPP recognizes those work sites, such as the Cross Business Integration Center, where workers and management have established and maintained a proactive and ongoing commitment to safety and health that goes beyond simply adhering to OSHA standards,” said Marthe Kent, OSHA’s New England regional administrator. “Safety and health is included in the site’s planning process, and effective training is provided to all site employees and outside contractors as appropriate. In the past year, the center conducted a two-day safety ‘stand down’ for all its employees, followed by a similar two-day meeting for environmental health and safety staff from this and other Raytheon facilities.”

The Cross Business Integration Center has more than 1,000 employees. Their corporate and administrative officers are in Raytheon. The OSHA area director for Middlesex and Essex counties, Jeffrey A. Erskine, recently presented a Voluntary Protection Program flag and plaque to the members of this company in a ceremony that was held at the site.

If your company would like to participate in the Voluntary Protection Programs, employers must submit an application to OSHA and then undergo a rigorous and thorough onsite evaluation by a team of safety and health professionals from the Administration. Voluntary Protection Programs participants must then re-evaluated every three to five years to remain active in the programs. Once your company has received official Voluntary Protection Programs status, your company is exempt from programmed inspections.

According to the Bureau of Labor Statistics, there were nearly 5,000 fatal work injuries in 2009 in the United States.

Changes among 2009 totals, compared to previous year:

-Workplace suicides increased by more than 25 percent. There were nearly 300 workplace suicides in 2009.

-The total for 2009 workplace injuries reported the lowest annual fatality rate since 1992.

-Injuries to white, non-Hispanics was higher by nearly 150 cases.

-The final count for fatal work injuries for black, non-Hispanic workers saw a series low — 145 cases.

-This year saw the most work injuries among occupations involving drivers of tractor-trailers and other heavy trucks saw an 11 percent increase – from 486 cases to 540 cases.

-The private construction sectors saw fatal injuries increase by nearly 20 percent from the preliminary count. The yearly total was still 14 percent lower than the final count from the previous year and the third consecutive year that these fatal work injuries saw a decrease.
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