Massachusetts work accident

April 4, 2017

Massachusetts Worker Death at Auto Plant Deemed “Preventable” by OSHA

The death of a worker in Massachusetts at a used auto part company was deemed preventable, according to a review by the U.S. Department of Labor’s Occupational Safety & Health Administration. The work-related fatality was reportedly the direct result of the company’s failure to adhere to proper safety training standards.

The worker was reportedly inflating a tire at the store, located in Bellingham, when all of the sudden, he was hit hard in the head by a “chain come-a-long,” which is a device commonly used to affix rim wheels onto tires.

This was at the end of October of last year. The worker died less than two weeks later. OSHA’s investigation, conducted by local inspectors, concluded the company did not provide adequate training to the worker and other employees, and also failed in the responsibility to make sure there were proper safeguards on the equipment. Continue reading

July 12, 2016

Conveyor Belt Injury to Worker at Bakery Results in $140K Fine From OSHA

by Jeffrey S. Glassman

A conveyor belt injury at a commercial bakery last year has resulted in a $140,000 fine from the Occupational Safety & Health Administration (OSHA) to a bakery.

According to reports, it was a simple task the resulted in an unnecessary injury. She was reportedly cleaning a conveyor belt and roller in December 2015 when her hand suddenly got caught between the belt and the roller and the machine began to pull her hand. She suffered numerous broken bones in her arm and hand, but thankfully did not have to endure an amputation.

A local OSHA office investigation revealed the company was in violation of the standard hazardous energy control guidelines. Specifically, the machine had not been turned off and locked out of its power source before starting the cleaning. But this wasn’t the worker’s failing. As it turned out, they had not been trained on how to do so.

The resulting injury and hazards were preventable. Continue reading

July 6, 2016

Plymouth Worker Suffers Electrical Injury

by Jeffrey S. Glassman

A utility worker in Plymouth suffered serious burns in an electrical injury while working at Myles Standish State Forest, according to The Boston Globe. Federal regulators with the Occupational Safety and Health Administration (OSHA) have reportedly launched an investigation and will be looking to see whether any work safety violations took place.

The 51-year-old worker reportedly was in a bucket truck and was just beginning his shift that morning when he apparently touched some live wires.

He was transported by helicopter to Boston’s Brigham and Women’s Hospital for treatment of severe burns on his hands. His clothes also were reportedly charred. He had sustained burned to his abdomen and chest as well, but his condition wasn’t immediately known. He reportedly had not lost consciousness, spoke with a paramedic and understood what had occurred. Continue reading

June 29, 2016

Peters v. Wady Industries, Inc. – Exclusive Remedy of Workers’ Compensation

by Jeffrey S. Glassman

Workers who suffer on-the-job injuries are generally and with few exceptions entitled to workers’ compensation benefits.

But these benefits will only cover a portion of lost wages and medical bills. In cases of fatal injuries, they may cover funeral expenses and support for immediate and financially-dependent family. They do not account for one’s pain and suffering or other non-economic damages. In most cases, the exclusive remedy provision prevents workers from suing their employer or co-workers for additional compensation except in the most egregious of circumstances.

There may be an opportunity in some situations to explore third-party litigation, but that is something that has to be considered carefully with your Boston workers’ compensation attorney. The question of who is an “employer” and who is a “co-worker” can get murky on job sites where there may be numerous entities and individuals present. The pre-arranged agreements made prior to the work accident could determine whether there is an opportunity to pursue third-party litigation. Continue reading