Boston Personal Injury Attorney Blog

As spring is upon us, many construction projects have begun and are in full swing. In light of the season, April has been marked as National Safe Digging Month, an event coordinated by the Common Ground Alliance.

The month-long event was created to raise awareness and increase the emphasis on safe digging across the nation. Diggers, for both construction and residential purposes, are urged to call 811 before digging into the ground to check for possible gas or electrical lines. By making this one simple call to locate potential dangers under the ground, work accidents in Massachusetts and elsewhere in the United States can be prevented.

Our Boston workers compensation attorneys urge you to join the awareness efforts. Calling 811 before you dig will not only help you to prevent potential injury, but it can also help you to prevent property damage and inconvenient power outages.

So how does 811 work? All you have to do it dial 8-1-1 a few days before you've planned to start digging. Once you've informed the operator about where you'll be digging and what type of work you'll be doing, they'll send a locator out to the site to mark the approximate location of pipes, cables and underground wires so you'll know what's below and will be able to dig safely.

The United States Department of Transportation claims these accidents are 100 percent preventable with the proper use of this service. They remind everyone, contractors, neighbors, landscapers -- EVERYONE -- to take the initiative to plan your dig with mapping provided by 811.

The "811 Before You Dig" program offers you these campaign tools to help you spread the word about National Safe Digging Month. Many of these campaign materials can be customized with your own business logo.

For even more detailed information or a complete list of the Massachusetts digging laws visit the Dig Safe System, Inc. website.

Continue reading "National Safe Digging Month Raises Awareness about Dangers in Massachusetts and Elsewhere" »

A.C. Castle Construction Co. Inc. of Danvers and C.I.L. Inc have been cited for various violations of workplace safety by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The United States Department of Labor reports the companies exposed employees to fall and electrocution hazards, as well as higher-than-average injury and illness rates. OHSA's Site-Specific Targeting Program directs inspections to workplaces with higher-than-average injury and illness rates and found these companies to be high-risk zones for a work accident in Boston and nearby areas.

Our Boston personal injury lawyers would like to stress the importance of a safe working environment. Ever since the Occupational Safety and Health Act of 1970, employers are help responsible for providing safe workplaces for all their employees. While these conditions are required by law, proper compensation and care is not always provided by the employer. That is why you're encouraged to consult an experienced attorney to help ensure your rights are protected in the event of a workplace injury.

A serious workplace violation occurs when there is substantial probability that serious physical harm or death could result from a hazard. Both of the Massachusetts companies were cited for unsafe work conditions, OSHA handed out fines totaling nearly $100,000.

The A.C. Castle Construction Co. Inc. of Danvers just received 21 repeat and serious violations of workplace safety standards, according to the U.S. Department of Labor. The roofing contractor also is reported to have failed to provide safe work conditions for their on-site employees, allegedly exposing employees to fall and electrocution hazards at a residential work site. Employees were observed working without fall protection on the building's roof and on a ladder jack scaffold, exposing them to falls of nearly 19 feet, according to a recent OSHA press release. The company was also cited for additional fall hazards for employees using or working on damaged, misused, unsecured or inadequate ladders.

The company plant of C.I.L. Inc. was also cited and fined by OSHA for repeat and serous violations. C.I.L. Inc. provides metal finishing, anodizing and hard coat services. The company was cited for the use of unapproved electrical equipment in an area where flammable paints and solvents are mixed, excess air pressure for a cleaning hose, unlabeled electric circuits and inadequate ventilation in an area where flammable materials are stored, according to the Department of Labor.

"These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines," said Jeffrey A. Erskine, OSHA's area director for Essex and Middlesex counties. "Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards."

Both employers can contest the findings before the independent Occupational Safety and Health Review Commission within 15 business days from the receipt of their citations.

Continue reading "Officials Cite Massachusetts companies for work-safety violations" »

Two Massachusetts firefighters were called to the scene of a Boston work accident to find an electrical worker trapped in a concrete pillar. The T work crew member was reportedly shutting off a rail for highway contractors when he stepped on a crumbling wooden plank and fell 35 feet into the hollow concrete beam, according to The Boston Herald.

Boston workers' compensation lawyers understand the potential dangers that come with these demanding occupations; It is the responsibility of the employer to properly provide proper safety equipment and adequate compensation should an employee be injured on the job.

In pain, but still conscious, the electrical worker used his radio to contact the Operations Control Center at roughly 4 a.m. after making the 35-foot plunge. Once rescue workers arrived, it took them nearly three hours to harness up and pull out the worker through the shaft, which at times was as small as 2 feet by 2 feet.

The Occupational Safety and Health Administration estimated that more than 4,000 workers died on the job in 2009.

"Absolutely (this was an error). They should be covered in steel or some other substance that can hold the weight of at least a person. Obviously, this wood did not," said General manager Richard A. Davey. "I have ordered a complete review of the entire right of way to ensure that there are no others out there."

It is important for your employer to properly maintain the working conditions on the job site and in the office building in effort to reduce the risk of injury in the workplace. If injury still results, it is the responsibility of the employer to provide for medical care, lost wages and other compensation.

Continue reading "Electrical Worker Experiences Stuck in Concrete Pillar, Three Hour Boston Work Accident" »

FedEx Ground has agreed to a settlement of $3 million with the Massachusetts attorney general's office over a dispute that alleged the company misclassified drivers as independent contractors, the Associated Press reported.

Our Massachusetts workers' compensation attorneys continue to fight on behalf of misclassified employees who are injured in a work accident in Boston or elsewhere in Massachusetts.

The Massachusetts Attorney General's Office claimed the company's actions denied state payroll taxes, worker's compensation and unemployment assistance contributions and said it gave the company an unfair competitive advantage.

FedEx Ground denied liability in the settlement and is still facing a lawsuit by drivers. Money from the settlement will go to the state's general fund as well as to 13 drivers named in the complaint.

Being classified as a contract worker can prevent you from seeking workers' compensation benefits from a company in the event that you are injured on the job and can also have serious tax consequences. Additionally, you may be unable to collect unemployment benefits in the event that you are terminated or laid off from your job. Companies are increasingly seeking to classify employees as contract labor in order to realize the associated tax savings and to limit their liability in the event of an accident.

Anyone who is injured on the job in Massachusetts should consult a work injury lawyer right away to ensure that their rights are protected.

Continue reading "Massachusetts workers' compensation claims impacted by independent contractor classifications" »

A Massachusetts construction accident has led to a stop-work order on the J. Michael Ruane Judicial Center in Salem.

The Salem District Court project on Federal Street in Salem was halted by the state last week after a 500-pound panel fell, seriously injuring a worker. Daniel O'Connell's Sons of Holyoke, the project's construction manager, told the Salem News that it has been ordered to stop installing the limestone panels.

The $106.5 million project includes 195,000 square feet of building space. Construction began in June 2007 and is scheduled to be completed in June 2011, according to the Massachusetts Division of Administration and Finance.

Two investigations are under way as officials attempt to determine the cause of the Massachusetts work accident. The construction manager has hired a private engineer to review the installation of the panels. Meanwhile, the federal Occupational Safety and Health Administration is also investigating the incident.

The 34-year-old construction worker was listed in fair condition on Friday at Massachusetts General Hospital. He was hospitalized on Tuesday after his legs were badly injured when a stone panel fell four stories and shattered on the ground.

The man is employed by General Mechanical Contractors of Auburn, a heating and air-conditioning subcontractor. That company said it was not involved in the cause of the accident.

Construction crews continue to work on other parts of the building but the accident scene remains roped off with police tape.

Continue reading "Massachusetts construction accident seriously injures worker, halts courthouse construction project in Salem" »