Articles Posted in Personal Injury

Yale students who are enrolled in the machine shop courses at the University are required to complete a safety course beforehand to ensure student safety on the large, and dangerous, equipment. One of the tips offered to the student in this course is to always tie back long hair while using the heavy machinery. A Yale University student, who had completed this safety course, was killed after she was pulled into a piece of machine shop equipment by her long hair, that was not in fact pulled back, according to Boston.com.

Our Massachusetts personal injury lawyers understand that we expect our children to be safe at school, especially under the supervision of school faculty. They’re expected to be protected in the classroom, on field trips, during sporting events and and during all school-related activities. Student may not always be relied on and may need supervision, even after safety training courses are completed.
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Since the incident, all monitors and shop supervisors will now be required to take a safety course by the end of next week. Through this course they will in informed about and trained on how to properly respond to emergency situations. They will also be learning how to properly prevent someone from working on machinery if deemed impaired of unfit.

Just because a student may not have followed safety protocol, does not alleviate the school of responsibility. Why was the student allowed to operate the machine in violation of the rules? Were the proper safe guards in place? Was the machine antiquated, poorly maintained or otherwise dangerous? These are just a few of the questions that should be asked by an experienced personal injury or wrongful death lawyer in Massachusetts.

“This two-hour course will include a discussion of the implementation and enforcement of safety rules for shops and is intended for all shops where a Yale student would be likely to work or have any interaction,” Stephanie Perry, business manager at Yale’s environmental health and safety office, wrote in the e-mail.

The United States Department of Labor’s Occupational Safety & Health Administration (OSHA) will be looking further into the incident.

We want to remind all students and parents that is it the responsibility of the school, the school district and the school faculty to provide a safe learning environment for everyone on the campus and while engaged in any off-campus school related activities such as school field-trips or sporting events.
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A hazard alert has been issued by the U.S. Department of Labor’s Occupational Safety and Health Administration to alert those who work in hair salons. The warning informs these employees about potential formaldehyde exposure from working with various hair smoothing and straightening products, according to the United States Department of Labor.

The Occupational Safety and Hazard Administration (OHSA) released a report after receiving complaints and concerns and conducting and investigation regarding Brazilian Blowout and other hair smoothing products.
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Boston workers’ compensation lawyers would like to urge those working in local salons to practice caution when using these products as formaldehyde, a colorless, strong-smelling gas, can be a serious health hazard when exposed to workers and customers.

Tests conducted by the safety administration concluded that some salon air revealed high levels of the chemical in these work areas, higher than OSHA’s legal limit for salons. Products that were labeled as formaldehyde-free even exceeded the legal limit. Importers and distributors of the products have already been issued violations from California’s Occupational Safety and Health Administration. The violations were for listing products as “formaldehyde-free” when in fact they contained formaldehyde. They failed to list the dangerous ingredient both on the company’s product labels and on the material safety data sheets.

“Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves,” said federal OSHA Assistant Secretary Dr. David Michaels. “Employers need to know these risks in order to ensure the safety and health of their employees.”

Formaldehyde can cause irritation to the human body by causing allergic reactions of the skin, eyes and lungs and has even been linked to nose and lung cancers.

The Occupational Safety and Health Act of 1970 requires that employers take responsibility in providing safe and healthful workplaces for all employees. OSHA’s role in the process is to ensure these safe work conditions for all salon workers and owners by continuing to set and enforce these standards. OSHA also provides training, education and assistance.

If formaldehyde is used in salon, owners must follow these strict requirements in OSHA’s Formaldehyde standard (29 CFR 1910.1048) to ensure the safety of workers and customers:

-Properly train employees prior to use. Provide them with respirators and train them to use them properly. Employees must meet all requirements in OSHA’s Respiratory protection standard.

-Require that workers use lower heat setting on blow-dryers and other heat related hair styling equipment.

-Clearly post signs throughout your salon where formaldehyde may be above OSHA’s limit and instruct workers about the potential dangers of such areas. Only allow authorized personnel in these areas, keep customers and untrained individuals away.

-Make sure your salon has an effective air ventilation system in the areas where these products are mixes. This ventilation system will help keep the levels of formaldehyde below the OHSA limit.

-Inform workers about the health hazards of formaldehyde exposure. Instruct them on how to use the product safely, what protective equipment to use and wear while handling the product and how to clean up thoroughly after use.

OSHA provides workers and employers with a Formaldehyde Fact Sheet for a complete description of how to use the chemical and avoid causing potential safety hazards.
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Researchers have found that patients suffering from traumatic brain injuries (TBI) who’ve use transcranial LED-based light therapy, demonstrated substantial improvement and recovery. The patients undergoing the therapy reported improved attention, focus, memory and inhibition, reports Science Daily.

Boston personal injury lawyers encourage residents to spread the word about traumatic brain injury issues. As we’ve stated on our last traumatic brain injury blog, March is Brain Injury Prevention Month.
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“Transcranial red/near-infrared LED may be an inexpensive, noninvasive treatment, suitable for home treatments, to improve cognitive function in TBI patients, as well as to reduce symptom severity in post-traumatic stress disorder,” said Margaret A. Naeser, PhD, of Boston University and the Veterans Affairs Boston Healthcare System.

While the cost of this treatment may be relatively inexpensive, the total cost of TBI diagnostics, treatment and recovery can add up quickly. The CDC estimates that TBI cost the United States an estimated $60 billion in indirect costs and medical costs each year.

The Center for Disease Control and Prevention (CDC) reports that approximately 275,000 people are hospitalized and 52,000 die because of traumatic brain injury each year. TBI is a contributing factor to one-third of all injury-related deaths in the United States.

Brain injuries can include everything from minor head injuries to skull fractures, including concussions and penetrating head wounds. TBIs can also occur at virtually any time, during a sporting event, on the job, car accidents, slip and fall incidents and more.

The Brain Injury Association reports TBI is often “the start of a misdiagnosed, misunderstood, and under-funded neurological disease.” The most common form of a TBI is a concussion, which make up nearly 75 percent of all TBI’s reported each year. Concussions often go ignored and mistreated and are often diagnosed as part of a sporting injury in Massachusetts.
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Last November a 62 year-old man stabbed a 52 year-old driver during a road rage incident following a Boston car accident that caused a traffic jam, according to ABC-5.

The enraged driver claimed the accident was going to make him late to pick up his son. While traffic slowed the driver exited his vehicle and begun to physically harass the nearby victim he accused of causing the backup.
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According to a new survey by RoadandTravel.com motorists respond to aggressive driving in all sorts of ways — more than half return the aggression:

-2 percent of drivers try to run the aggressor off the road
-34 percent honk their horns
-7 percent mimic the aggressive behavior
-19 percent give the finger
-17 percent flash their headlights
-27 percent yell
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “the operation of a motor vehicle in a manner that endangers persons or property.” NHTSA reports more that 6 million accidents occur each year with aggressive driving contributing to a substantial number of those incidents.

Aggressive driving is a traffic offense. Road rage is a criminal offense, typically involving assault. Our Boston personal injury lawyers urge drivers to protect themselves with defense-driving habits.

If you come in contact with an aggressive driver there are some tips to help keep you safe:

– Never retaliate.

– If you’ve been harassed and are being followed do not go home. Go to the nearest police station.

– Be polite, even when others are not.

– Never underestimate other drivers’ capacity for rage.

– Do not put others in danger by attempting to outrun the enraged drive. Always drive the speed limit.

– Reduce driving stress by allowing plenty of time to reach your destination.

– Remember you can’t control other drivers but you can control yourself.
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Our Boston personal injury lawyers encourage residents to shine light on the issue of Traumatic Brain Injury. March is Brain Injury Prevention Month. Brain injuries can include minor head injuries, skull fractures, concussions and penetrating head wounds like that suffered by Arizona Congresswoman Gabrielle Giffords in the failed assassination attempt.

The Center for Disease Control and Prevention (CDC) reports the top causes for traumatic brain injury (TBI) are car accidents, falls, sports-related injuries and violence. Victims of car accidents in Boston and elsewhere are at highest risk of suffering a fatal brain injury, the government reports.
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Each year in the United States, an estimated 1.7 million people suffer a traumatic brain injury. More than 1.3 million will visit the emergency room, nearly 300,000 will be hospitalized and more than 50,000 will die.

While many think of gunshot wounds and serious car accidents as the primary cause of TBI, the reality is that many youths will suffer mild concussions or other sports injuries in Massachusetts this year.

The Brain Injury Association reports TBI is often “the start of a misdiagnosed, misunderstood, and under-funded neurological disease.”

Brain injuries present a lifelong battle of struggle, care, and rehabilitation. It is estimated that the costs of brain injuries tally more than $48.3 billion annually. The lifetime cost for one TBI patient is estimated at more than $4 million, which can quickly exhaust even the best insurance coverage.

Our Massachusetts brain injury lawyers urge families coping with a brain injury to immediately seek the advice of legal professionals. An experienced Massachusetts brain injury attorney will personally come to your home or hospital room. Do not sign any paperwork. Do not accept any payments. Do not provide any statements to insurance companies. Seeking the advice of an experienced and qualified legal professional is critical to receiving the proper care and helping to ensure the long-term financial well-being of you and your family.
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Authorities are expected to be out in force this St. Patrick’s Day in effort to prevent Boston car accidents caused by drunk driving according to an article in The Boston Globe.

Our Boston personal injury lawyers urge residents to enjoy the upcoming four-day weekend kicked off by Thursday’s St. Patrick’s Day celebrations. But also encourage you to celebrate responsibly with a designated driver and don’t drink and drive.
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The National Highway and Traffic Safety Administration reports 37 percent of drivers involved in fatal accidents on St. Patrick’s Day in past years have had a blood alcohol content of .08 or higher.

Whether you’re attending the Harpoon St. Patrick’s Festival at the Harpoon Brewery, the 110th St. Patrick’s Day parade in South Boston, or the St. Patrick’s Day open house at the Irish Cultural Centre of New England we wish you safest of travels.

Safe driving tips for your St. Patrick’s Day:

– Go out with a plan. Find a designated driver.

– If impaired, find another way home: call a friend or family member, use a taxi, try public transportation.

– If you see someone who is impaired and about to drive, take their keys and help them make safe a safe arrangement to get home.

– Help others stay safe. Be sure to call 911 if you see a drunk driver on the road.
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The long-awaited outcome of her personal injury lawsuit has a Boston Marathon spectator feeling vindicated, according to a recent article in Metrowest Daily News.

The 65 year-old woman was struck by a state police officer on his motorcycle during the 2007 Boston Marathon. She brought a civil case against the officer for negligence; filing for compensatory and punitive damages.
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The victim acquired $983 worth of medical bills but was angered when the police refused to pay them or accept responsibility for the accident. Making matters more complicated was the fact the victim felt law enforcement was covering up the accident.

Additionally, as our Boston personal injury attorneys are well aware, falls among the older adult population can lead to long-term medical complications, including knee and hip-replacements. The Boston Globe reports the woman was knocked to the ground on State Route 135 in West Natick.

The attorney representing the police alleges that the woman was in the street when she was struck and was not paying attention to her surroundings. The victim claims she was standing behind the designated white line for spectators.

Following four days of testimony, the jury deliberated 4 hours before rendering a verdict. The Patriot Ledger reports the Superior Court jury found the police officer to be negligent and awarded the woman $15,500 in damages.

The victim also claimed battery against the police officer and violation of civil rights against the lead detective but was not awarded for those charges.

The Boston Marathon attracts hundreds of thousands of people each year. In anticipation of this year’s marathon, Run the Planet offers the following crowd safety tips to spectators:

– Always be aware of the closest exit location as well as all of your surroundings.

– Take notice of the ground surface. For example, loose gravel, muddy, unleveled or wet surfaces can all be dangerous, especially in large crowds where space is limited.

– Discarded objects lying on the ground like clothing, trash, bottles or food items can also be dangerous once the race starts and attention is directed towards the marathoners.

– Benches and scaffoldings are not meant to hold lots of weight so refrain from standing on them to get a better view.

– If you are in the midst of a panicked crowd, try to remain calm and go with the flow. Trying to retreat against a moving crowd is dangerous.

– Communicate with others by use of hand gestures since talking is difficult amid crowd noise.

– If you stumble and fall to the ground, keep crawling in the direction of the crowd. Cover your head and curl up in a fetal position if you can’t move at all.
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Just days after CNN reported our national water infrastructure is desperately due for upgrading, renovation and repair, the Boston Globe reported on a two-year investigation by state auditor Joseph DeNucci, who critically evaluated the State’s dam systems.

The CNN report revealed that on average 700 water main breaks happen every day in the U.S. That thanks to antiquated leaking pipes, the U.S. loses 7 billion gallons of water – a day. That a single faucet dripping once per second releases as much as 2,700 gallons of drinkable water a year. That the American Society of Civil Engineers has estimated the cost to replace or restore our nation’s crumbling water utility system will surpass the $250 billion mark during the next two decades.
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Our Boston personal injury lawyers and Massachusetts workers’ compensation attorneys know that lost water does more than drain our clean drinking water supply. It costs in property damage and work productivity. And, at worst, it threatens public health when a water systems becomes contaminated and becomes a worker and public safety issue when systems rupture or fail.

What DeNucci’s report found in Massachusetts reflects what the American Water Works Association sees as a growing water infrastructure problem flowing across the nation. Our antiquate, inefficient, worn out water and sewer line systems are failing and desperately in need of innovative (and costly) upgrading to meet current law and public health safety directives. The problem, of course, is that the current economic reality has most state budgets bone dry when it comes to funding massive, or minimal, infrastructure upgrade projects. So who then is responsible when a water main fails and a Massachusetts worker is injured or killed; a home destroyed?

The Bureau of Labor Statistics reports that in 2009 there were 75 utility system construction workers killed due to a job site accident. This number includes oil and gas line, power and communication workers with water and sewer line handlers. Water system workers alone claimed nearly 38 percent of all utility worker fatalities nationwide. Within Massachusetts, BLS reports that 17 workers in the construction industry died on the job in 2009.

The Massachusetts personal injury attorneys at Jeffrey Glassman Injury Lawyers, LLC, recognize that construction companies, land developers and governmental agencies have a joined responsibility to maintain a safe and secure environment for employees, temporary workers and the public.
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Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.
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As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

Slip and fall accidents

-Wet floors
-Dark parking lots
-Broken or uneven sidewalks or walking surfaces
-Loose handrails or fault stairwells
-Merchandise or shelving fixtures falling from height
-Elevator or escalator accidents
-Assault on business property
Negligent security

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