Fatal Work Accidents

January 20, 2016

OSHA Investigates Death of Worcester Worker

According to a recent news article form the Worcester Telegram, a 30-year-old man was killed in an industrial accident on Christmas Eve. The victim was working as a CNC operator when the accident occurred. A CNC machine is a large machine designed to cut metal into desired shapes. CNC is an abbreviation for computerized numerical control, and is designed to take a computer model of the item and translate it into to cutting directions for the machine to make the part.

The United States Occupational Safety and Health Administration (OSHA) is a federal agency that is charged with investigating all fatal workplace accidents and other serious industrial accidents to determine if the employer violated any safety regulation that contributed to the accident. If the agency determines there were violations, it has the authority to take remedial action. Continue reading

January 18, 2016

Pizza Shop Shooting Results in One Worker Dead and Another in Critical Condition

by Jeffrey S. Glassman

The workers’ compensation system is generally considered an exclusive remedy system. This means that if a worker is eligible to receive workers’ compensation, he or she cannot file a civil lawsuit against his employer. It is important to understand that it does not matter if the employee actually files a workers’ compensation claim, because the test is whether he or she is eligible to file a workers’ compensation claim. This means that a worker cannot choose to a file a civil lawsuit instead of filing a workers’ compensation claim.

However, this does not mean that a worker cannot file a workers’ compensation claim with his or her employer and then file a civil personal injury lawsuit against a third party defendant who actually caused the workplace injury. This is typically the person who caused a car accident that injured an employee while he or she was on the clock, but it can also include a person who attacked a worker and caused serious personal injury or death. Continue reading

January 14, 2016

New England Worker Killed When Tire Explodes

by Jeffrey S. Glassman

According to a recent report from the Boston Herald, one worker was killed at a Sears Auto Center when the tire from a large truck exploded and another person was seriously injured. Police responded to the explosion at a local mall just before eight in the morning.

When they arrived on scene, they found a 22-year-old employee at the auto center who was severely injured. First responders provided immediate medical attention and attempted to stabilize him, so he could be transported to a level-one trauma center. Specifically, his injuries were a result of blunt force trauma to the head. EMTs transported the injured worker to the hospital, but doctors were unable to save him, as his injuries were too severe, and he died as a result of the massive head trauma. Continue reading

January 1, 2016

OSHA Fines Employer After Massachusetts Worker is Killed on the Job

by Jeffrey S. Glassman

The United States Occupational Safety and Health Administration (OSHA) is the federal agency under the auspices of the United States Department of Labor (DOL) charged with the task of investigating any serious or fatal workplace accidents that occur in the United States, including the Commonwealth of Massachusetts.

If OSHA determines an employer was at-fault in connection with a fatal workplace injury, the agency has the ability to levy fines against the employer and require the employer to make certain changes. However, it should be noted that under the Workers’ Compensation system, it is not necessary for an employee who is injured on the job to prove any fault on behalf of his or her employer. In the case of fatal on-the-job accident, it is not necessary for the employee’s family to prove fault on behalf of the employer. It is only necessary to prove that the employee’s injury or illness was work related. Continue reading

December 5, 2015

Worker Killed After Fight With Customer over Smoking Policy

by Jeffrey S. Glassman

According to a recent new article from KDSK, a woman was working at a Waffle House when a customer began smoking inside the restaurant. Authorities say the employee told suspect he was not allowed to smoke inside the establishment, and he began arguing with the employee. At this point, the man allegedly took out a gun and shot the worker in her head. Other witnesses say victim was serving suspect along with two of his friends and had asked suspect if he enjoyed his Thanksgiving.

When authorities arrived on the scene, they say suspect was still sitting at his table, where he had been when the employee approached him about smoking. He was taken into custody without any additional trouble. After being book and processed at the local police station, suspect was taken to court, where he was charged with first degree murder and is being held in a county jail on a bond of $2 million. Continue reading

November 28, 2015

Man Crushed by Bulldozer while Performing Maintenance

by Jeffrey S. Glassman

According to a recent news report from Equipment World, a mechanic was killed while performing maintenance on a bulldozer. The victim was a 21-year-old man at the time of his tragic and untimely death.

Authorities have said worker was under the bulldozer after he had raised it on a hydraulic jack. The jack was placed under the front of the bulldozer, and, while workers was under it, the position of the jack shifted, causing the heavy piece of construction equipment to collapse on the workers. Continue reading

November 9, 2015

Cryotherapy Worker Found Frozen in Deadly On-the-Job Accident

by Jeffrey S. Glassman

For those not familiar with cryotherapy, clients get inside a therapy chamber, or place their head in the chamber if they are only having a facial, and then they are exposed to air that is below 240 degrees Fahrenheit for brief periods of time. This method of therapy is designed to rejuvenate the body. It is also being used more frequently these days by athletes who believe cryotherapy will help them get stronger after exercise and heal faster after an injury. While many think of this concept as somewhat new, the spa owner of the facility where an employee was recently killed said this form of medical therapy has been around since the 1800s. The tank functions by using large amounts of liquid nitrogen and other chemicals to get the cryotherapy chamber down to temperature.

According to a recent article from the Las Vegas Review Journal, a 24-year-old woman was working at a Las Vegas spa when she was found dead in the cryotherapy chamber. Authorities say she was last seen alive on security camera footage closing the spa for the evening. She was found dead in the chamber the following morning when employees came to open the spa for business. One of her coworkers called the family and told them what happened and expressed her condolences. She reportedly told the family it was common for employees to use the cryotherapy chamber personally without supervision. Continue reading

November 1, 2015

Deli Worker Shot and Killed by Customer

by Jeffrey S. Glassman

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.

According 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

September 25, 2015

Labor Advocate Calls for Jail for Employers in Worker Death Cases

by Jeffrey S. Glassman

When a fatal accident occurs on a job site in Massachusetts, the Department of Industrial Accidents (DIA) will get involved and may conduct an investigation. In addition to the state regulatory agency, the United States Occupational Safety and Health Administration (OSHA) will also conduct a formal inquiry into why the death occurred, as this is a required function of the agency.

At the end of their investigation, OSHA may determine the employer was in violation of safety regulations, and that was the reason for a worker’s death. In some cases, OSHA will make a finding that employer was aware of this exact kind of accident, and how likely it was to occur based upon past accidents involving the company. In some cases, we are talking about an accident at the same production facility or construction site, and, in other cases, we are dealing with accidents at other locations owned or operated by the same employer. Continue reading

September 25, 2015

5,000 Workers Died on the Job Last Year

by Jeffrey S. Glassman

According to a recent news article from Huffington Post, the total number of workers who died on the job last year in the United States was nearly 5,000. This is up two percent from the total number or workplace deaths that occurred in the United States in the previous year. It should be noted that the figures for this year were only preliminary, and there will likely be an increase in the number when it is finalized, as is typically the case.

While the total numbers are up this year over last year, the rate of fatal workplace accidents has not changed. This is explained by an improved economy with more workers on the job than in previous years and more hours being worked than in previous years. The number of hours worked matters, because of the way in which the rate is calculated, at least in part by the total number of hours worked each year. Continue reading