Boston Personal Injury Attorney Blog

The Massachusetts Turnpike Authority is among the defendants that have agreed to pay a state trooper's family $9 million after he was killed when his motorcycle slammed into Big Dig handrails, the Boston Globe reported.

Our Boston accident attorneys reported earlier this year on our Boston Car Accident Lawyers Blog about the railings. Originally put in place to protect construction and maintenance workers from falling onto the highway, the railing have been involved in the deaths of seven motorists in recent years.

New documents now show that the U.S. Department of Transportation warned the director of the Big Dig that the rails were unsafe as far back as 1992. But the director replied that they were safe.

The trooper was one of seven victims to be killed after striking the railings lining the tunnels; most of the victims were dismembered. One victim lost an arm but survived.

While the trooper's family said they hope the case will result in the removal of the railings, the settlement did not address the safety issue.

The Massachusetts Department of Transportation expressed sorrow for the accident and the loss of the trooper's life but referred all other comment to the insurer, AIG.

AIG had no comment.

Other defendants included Big Dig contractors.

Continue reading "Big Dig wrongful death lawsuit settled for $9 million " »

A woman being described as an environmental fugitive has been captured in the Dominican Republic, the Boston Herald reported. The former head of Massachusetts' largest asbestos removal training school, she was convicted in November 2008 of selling certificates to immigrants who never took the mandatory training course.

Our Boston injury lawyers understand the serious threat posed by asbestos exposure in Massachusetts. Exposure to the material once used in building and ship construction has been linked to mesothelioma and other cancers and health consequences.

In this case, the defendant allegedly sold the certificates from Environmental Compliance Training of Methuen, Mass. Prosecutors contended that several hundred immigrants were then sent to work at asbestos demolition sites through the defendant's temporary employment agency.

They were also paid "under the table," saving more than $1 million in tax and insurance costs. The company was shut down in May 2007.

Mesothelioma is a cancer that develops in the protective lining that covers many of the body's internal organs. Many who develop the cancer have worked on jobs where they were exposed to asbestos fibers or inhaled asbestos particles. Development of cancer frequently occurs decades after exposure, thus many victims do not associate the illness with an event or exposure.

Seeking the advice of an experienced Boston injury attorney can help determine whether your cancer can be linked to exposure in the workplace and whether you and your family are entitled to be compensated for your loss.

Continue reading "Fugitive wanted for intentionally exposing employees to asbestos in Boston" »

The Occupational Safety & Health Administration will hold hearings in January on ways to reduce work accidents caused by slip, trip and fall hazards.

Our Boston workers' compensation attorneys know that fall accidents are among the leading causes of serious Massachusetts work injuries. Nationwide, 617 workers died in fall injuries last year, according to the Bureau of Labor Statistics. Eleven peopled died from falls on the job in Massachusetts.

"These public hearings will provide an important opportunity for stakeholders who will be impacted by the rule to share their concerns and provide input on the proposal," said OSHA Assistant Secretary Dr. David Michaels. "Injuries and fatalities from fall hazards are a leading cause of work-related injuries and we need to have the best rule possible to ensure that we effectively address this serious hazard."

The new rules aim to reduce the more than 3,700 cases of lost-time accidents resulting from work-surface fall accidents.

Continue reading "Slip, trip and fall accidents a common cause of Massachusetts work accidents" »

A Sudbury nursing home resident will be allowed to testify about being sexually assaulted by an employee, the MetroWest Daily News reported.

Our Boston nursing home abuse lawyers work with families dealing with the abuse or neglect of a loved one in a Massachusetts nursing home. Nursing homes have an obligation to ensure the safety and welfare of residents. When a resident is abused or assaulted by a staff member, the nursing home and its operators can and should be held responsible.

In this case, a local judge had denied the victim the right to testify because she suffers from a medical condition that makes it difficult for her to speak or communicate through writing. However, the Supreme Judicial Court ruled the victim should be permitted to testify with the assistance of an aide.

The 49-year-old defendant was arrested in February 2009 and charged with indecent assault and battery on a person older than 14.

He is in the custody of Immigration and Customs Enforcement because an immigration judge has ordered that he be deported to Ghana.

Continue reading "Victim can testify about sexual assault by Massachusetts nursing home employee" »

The nation's largest retailers are being warned by the Occupational Safety & Health Administration that they are responsible for the safety of employees and guests during the holiday season, particularly during sales events designed to draw crowds for Black Friday.

Our Massachusetts workers' compensation lawyers and Boston injury attorneys know that work accidents or premise liability cases can arise when retailers purposefully attempt to draw huge crowds for in-store promotions. Yahoo! reports this year's hot items will include HDTVs, e-readers and iPads.

OSHA sent a letter to the CEOs of 14 of the nation's largest retailers, highlighting the agency's "Crowd Management Safety Tips for Retailers," and reminding them of the 2008 death of a retail employee, who was trampled to death at a Back Friday sales event.

"Crowd-related injuries during special retail sales and promotional events have increased during recent years," said Assistant Secretary for OSHA Dr. David Michaels. "Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

Tips for retailers include:

-Make sure all employees are aware the doors are opening.

-Staff entrance with security personnel.

-Use public address systems to maintain order.

-Position door personnel to the side of the entrance and not in the path of customers.

-Do not permit a store to exceed maximum capacity.

-Provide a safe entrance for people with disabilities.

Continue reading "Black Friday, holiday season, a dangerous time for Massachusetts work accidents" »

The Occupational Safety & Health Administration has announced immediate changes to how companies must conduct outreach safety training programs after concern that employers were cramming training into unreasonably long workdays, thereby endangering employee safety.

Our Boston work injury lawyers are too often called to represent an injured employee after a Massachusetts work accident that could have been prevented with proper training and/or safety equipment. Unfortunately, employers sometimes put profits before safety. Amid the current economic challenges, OSHA became concerned that employees were not being provided adequate time to digest information provided in 10-hour and 30-hour training courses -- primarily because companies were holding the training sessions in one-day or three-day marathon sessions.

The revisions permit a maximum of 7.5 hours of safety training a day. Ten-hour sessions must be held over at least two days. Thirty-hour sessions must occur over a minimum of four days.

"Limiting daily class hours will help ensure that workers receive and retain quality safety training," said Assistant Secretary of Labor for OSHA David Michaels.

The government was also concerned that the minimum training hours were not being met during 13- or 16-hour training days after breaks, lunch and other down time was taken into account.

A safety training fraud hotline has also been established, where fraud can be reported by employees or other interested parties.

The Outreach Training Program involves more than 17,000 independent trainers who teach employees workers' rights and how to identify and prevent workplace hazards. The 10- and 30-hour classes are for construction, general industry and maritime, while a 16-hour class is provided for disaster site workers.

Continue reading "Adequate work-safety training critical to preventing serious and fatal Boston work accidents" »

Boston is among one of the most historical and cultural cities in America. Due to the history and the fact that it is home to three of the most prominent sports teams, Boston rates among the top tourist areas in the country. However, Massachusetts car accidents in rarely occur with the vast number of tourist driving on urban roadways.

In fact, a 2008 report by the National Highway Traffic Safety Administration states rural fatalities account for 56% of all traffic fatalities in the United States. However, from 2005 to 2009, the entire state of Massachusetts had 1,808 urban traffic fatalities and only 194 rural fatalities.

The NHTSA reported that in 2008, Massachusetts had the 3rd lowest rural fatalities at 36. Only the District of Columbia (2) and Rhode Island (13) had fewer. In addition, Massachusetts falls short of the national average of passenger vehicle deaths per miles traveled. In 2008, Massachusetts had .6 deaths per 100,000 miles travel, nationally that number was 1.26. Considering the size of this state, it's pretty remarkable how low these numbers are.

It's possible that with the convenience of mass transit also helps keep the number of urban traffic fatalities down each year in Boston. However, the city and all it has to offer will always be a constant attraction for those out-of-state tourists who travel on unfamiliar urban roadways to take in a little piece of history year after year.

A helpful tip to tourist visiting Massachusetts or the Boston area, check out the visitor information centers located throughout the state. They are there to offer help with driving and hot spots located throughout the state. These centers are open seven days a week during peak times of the year but many have reduced operating schedules during the less traveled winter months.

Continue reading "Urban crashes account for most Massachusetts car accidents" »

A Boston work accident resulting from a collapsing gas-line trench has resulted in a $36,500 proposed fine, the Occupational Safety & Health Administration reported.

OSHA cited National Grid for six alleged serious violations of trenching safety standards after an employee was injured by a falling rock. The June 21 collapse of the gas line trench happened on Woodbine Avenue in Boston.

Boston workers' compensation lawyers understand the inherent dangers faced by workers in trenches. Excavated dirt left at the edge of the trench can increase the pressure on trench walls. Heavy equipment working at the edges can increase vibrations in the ground and increase the risk of a trench collapse. Employers have an obligation to provide employees with the proper training and equipment necessary to stay safe when excavating or working in trenches.

Construction accidents caused by trench collapses result in an average of more than 70 deaths a year. Ten times as many workers are injured.

In this case, OSHA found the trench lacked protection against wall collapse and exposed workers to being struck by falling rock and soil. The workers also lacked proper training and the trench had not been properly inspected.

"This is precisely the type of incident OSHA's excavation standards are designed to prevent," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "A competent inspection would have identified and allowed these hazardous conditions to be fixed before workers ever entered the trench. I urge employers to prevent incidents such as this one by always following proper procedures and ensuring effective trenching safeguards at all jobsites."

Continue reading "Trench collapse leads to fine in Boston work accident" »

Transit workers had no warning of a Boston trolley accident allegedly caused by a text-messaging driver, the Boston Herald reported.

As our Boston personal injury attorneys have reported, the accident injured dozens of passengers and led to a new rule forbidding transit drivers from using cell phones. The Massachusetts Bay Transportation Authority accident has been blamed on the driver's inattentiveness. This week, the National Transportation Safety Board released dozens of documents related to its investigation of the May 2009 Boston train accident. Its final report isn't expected for several months.

The 24-year-old operator was reportedly text messaging when he ran through yellow and red warning lights and into the two car train ahead of him at the Government Center and Park Street stations. He was fired and charged with felony grossly negligent operation.

The crash led to a strict policy against cell phone use on the job. Violations result in a 30-day suspension and a recommendation that the employee be fired. At least 22 drivers have been disciplined since the new policy went into effect.

Continue reading "Report on Boston MBTA accident due soon; text-messaging driver believed responsible " »

A Fall River, Massachusetts construction accident has resulted in a roofing and siding contractor being fined $70,000 by the Occupational Safety & Health Administration.

Miranda Roofing faces the maximum proposed fine for failing to provide fall protection for employees working on a roof in Portsmouth, according to OSHA. The willful violation is defined as one committed with plain indifferent to or intentional disregard for employee safety and health.

Our Massachusetts workers' compensation attorneys represent clients who have been seriously injured or killed in fall accidents in Boston and throughout Massachusetts. Employers must provide the proper safety training and equipment for employees working at height. When they don't, and an employer is seriously injured or killed as a result, the employer can and should be held responsible.

"We found employees working without any form of fall protection at heights up to 15 feet, even though this employer well knows the requirement for fall protection whenever employees work at heights of 6 feet or above," said Patrick Griffin, OSHA's area director for Rhode Island. "We've proposed the maximum fine because of the severity of this hazard and this employer's repeated history of failing to ensure fall protection for workers at other jobsites."

OSHA reports the company has been cited five times since 2005 for failing to obey fall-prevention safety regulations. Fall accidents are the leading cause of construction deaths and one of the main causes of fatal work accidents nationwide. The Bureau of Labor Statistics reports that 617 of the nation's 4,340 fatal work accidents were caused by falls last year. Massachusetts fall accidents resulted in 12 work-related deaths.

"Falls are the leading cause of death in construction work," said Griffin. "Each time the employer fails to provide fall protection, the employees are exposed to potential death or disabling injury."

Continue reading "Fall River construction accident results in Massachusetts work-safety violation" »

The risk of Massachusetts work accidents caused by hazardous chemicals was highlighted by a forum this fall held by the Occupational Safety & Health Administration, which aims to update exposure reduction strategies and other safety measures.

Serious or fatal injuries caused by hazardous chemical exposure are among the most complex work injury cases handled by our Massachusetts workers' compensation lawyers. While some cases result from a chemical spill or work accident, many other cases result from the impact chemical exposure has on an employee over a long period of time.

OSHA reports that many of the government safety agency's 400 permissible exposure limits (PELs) date to the agency's founding a half-century ago. The government has implemented more protective regulations on only about 29 chemicals.

"Many of our permissible exposure limits are based on 1950s-era science that we now realize is inadequate to protect workers in 21st century workplaces," said Assistant Secretary of Labor for OSHA David Michaels. "We must assure the protection of workers currently exposed to well-recognized chemical hazards for which we have an inadequate PEL or no PEL at all. I am hopeful that this forum will assist us in achieving that goal by helping us to identify those chemicals on which we should be focusing our efforts."

Exposure to harmful chemicals in the workplace can damage virtually all parts of the body, including lungs, skin, liver, kidneys and eyes. The Bureau of Labor Statistics reports that 55,000 workers suffered illnesses related to chemical exposure in the workplace in 2007 -- though the government knows that estimate does not begin to account for those injured by chemical exposure that will not present physical symptoms for years or decades to come.

Massachusetts work accidents caused by exposure to harmful chemicals or environments claimed 11 lives last year -- another 7 employees died as a result of fires or explosion.

Continue reading "Exposure to hazardous chemicals results in complex Massachusetts work injury claims" »

All too often kids are left making up their own games to pass time while their parents are busy with their daily routines. Creativity can sometimes lead to children accidents in passenger vehicles in big cities including Boston.

Whether trunk entrapment, or backover injuries, children can be at higher risk during the hectic holiday season.

Sadly, 35 to 40 percent of children entrapped in a vehicle trunk will die from heat stroke and/or suffocation. This statistic is for children under 14 years of age as reported by Children's Hospital Boston. Heat stroke kills young children because they are more sensitive to heat. Eight-eight percent of heat stroke deaths happen to children ages 3 and under. We all know when it is hot outside a closed up vehicle is even hotter. When temperatures outside are over 86 degrees the inside of a vehicle can be over 130 degrees. But did you know even on a day when the temperature is 60 degrees the inside of your vehicle can be over 110?

And in the dead of winter, the risk of exposure to freezing temperatures can quickly become life threatening.

In case of an emergency, it is important to teach your child how to use the glow in the dark emergency trunk release located in your passenger vehicle. It was mandatory that auto makers install this device as of September 1, 2001. You can have older vehicles retrofitted with this device if you choose to take that precaution and are driving an older model passenger vehicle.

Helpful hints for preventing trunk entrapments:

-Make sure children can't get to vehicle keys.

-Vehicle doors should always be locked, even when parked in the driveway.

-Teach children vehicle trunks are not hiding places. Check trunks and vehicles if a child goes missing.

-To keep kids from getting into the trunk from the inside of the vehicle, keep the rear folding seats closed.

-Teach older children how to use and locate the emergency trunk release. And teach them how to disable child resistant door locks. This will help if they accidentally get trapped in a vehicle.

Continue reading "Trunk entrapment a child injury risk in Boston" »

A Massachusetts wrongful death lawsuit has been filed by the family of a Boston firefighter, against six companies contracted to inspect the braking systems on fire trucks, the Boston Globe reported.

While a Massachusetts workers' compensation claim is most commonly filed to collect damages on behalf of an employee and his family following a work accident, a personal injury lawsuit or wrongful death claim may be filed by a Boston injury attorney when it is alleged that the negligence of a third party contributed to the serious or fatal injury of an employee in an on-the-job accident.

In this case, the firefighter died in January 2009 after Boston Fire Department Ladder 26 suffered a brake failure and careened down Parker Hill Avenue in Mission Hill. The truck crashed through the brick wall of a building on Huntington Avenue. The Globe reports that companies named in the lawsuit include Bay State Auto Spring Manufacturing Co. of Roxbury; Boston Freightliner Inc. of Everett; Broadway Brake Corp. of Somerville; Damian Diesel Inc. of Avon; Suspension Specialists Inc. of Allston; and Woodward's Auto Spring Shop Inc. of Brockton.

The wrongful death lawsuit alleges gross negligence on the part of the companies, faulty brake work, installation of the wrong parts, failure to recognize mistakes during inspection. The negligence resulted in the truck's failure to stop, causing the fatal crash, according to the suit.

The lawsuit was filed on behalf of the late firefighter's daughter and widow and seeks unspecified damages.

On the day of the accident, the truck had been returning from a medical call when the brakes failed. The victim, who was riding in the front seat, used the truck's horn to warn pedestrians and drivers. All four firefighters in the truck and several people in the building were injured. The victim died of massive head trauma.

Continue reading "Third-party negligence alleged in wrongful death lawsuit stemming from Boston work accident" »

An Abington, Massachusetts car accident that injured a child trick-or-treating has led to reckless child endangerment charges against a Brockton woman, the Patriot Ledger reported.

Our Boston auto accident attorneys and Massachusetts child injury lawyers frequently report on the risk of car accidents faced by young children and teenagers. As we reported recently on our Boston Personal Injury Attorney Blog, Halloween accidents in Massachusetts increase the dangers this time of year.

In this case, the three-year-old girl was injured in the Massachusetts pedestrian accident as she cross Route 123. Police charged her caretaker, a 21-year-old Brockton woman, after alleging that she had taken the 3-year-old and a 2-year-old trick-or-treating at 8:45 p.m. -- after the posted hours.

The 3-year-old was struck by a 2008 Kia while attempting to cross Route 123 by herself. The girl was transported to a local hospital and then taken to Children's Hospital in Boston with serious injuries.

The National Highway Traffic Safety Administration reports that 1,314 children under the age of 14 were killed in traffic accidents last year. More than 190,000 were injured.

Somewhere in America, traffic accidents claim the lives of four children each day and injure nearly 500. One-fifth of those fatal incidents involve pedestrian accidents. Last year, 244 children were killed while walking.

Continue reading "Massachusetts pedestrian accident seriously injures trick-or-treating toddler" »

Our Boston injury attorneys note recent articles in Sports Illustrated and USA Today highlight the risk of head injuries and Massachusetts sports injuries, particularly for high-school athletes.

Massachusetts Personal Injury Attorney Jeffrey S. Glassman has a special interest in helping young athletes who have been injured in a sporting accident. The National Youth Sports Safety Foundation was founded after his sister suffered a debilitating back injury that ended a promising tennis career after she was placed on an inappropriate weight-training program.

Sports Illustrated reports that smaller hits than previously thought may lead to concussions, particularly in contact sports like hockey and football. And the resulting brain damage begins much earlier than previously thought.

Researchers had believed that 80 times the force of gravity was needed to cause concussions -- heading a soccer ball produces about 20gs. They were stunned to learn hits of 100gs or more were common in high school football practice. Participants in the study subsequently scored 20 percent lower on memory tests.

And a concussion was not necessary for reduced test scores. Of 11 players examined in one set, three had suffered concussions while the other eight had not. Nevertheless, four of those eight players showed significant declines in visual memory. Moreover, the force of the hits was primarily in the 40g to 80g range, or about half of what was previously though necessary for adverse results.

Traumatic brain injury can range from a concussion to a penetrating head injury suffered in a car accident. Symptoms can take months to surface and the full impact of such injuries may not be known for years, or even decades. Our Massachusetts injury lawyers believe it is imperative for those who suffer a head injury to seek the advice of an experienced law firm. While such injuries may present as little more than a minor annoyance, taking the steps to protect your rights in the event a claim needs to be filed in the future can be a critical step to protecting the rights of you and your family.

The Centers for Disease Control and Prevention reports about 1.7 million people will suffer a brain injury each year. Of those, 1.4 million will be seen in hospital emergency rooms, 275,000 will be hospitalized and 52,000 will die.

The most common causes of TBI are auto accidents, fall and sports-related injuries.

Continue reading "Massachusetts sporting accidents a leading cause of concussions and Traumatic Brain Injury" »