Boston Personal Injury Attorney Blog

March 23, 2011

Crane and derrick accidents a common cause of construction injuries in Massachusetts

Our Boston workers’ compensation lawyers often report about the dangers of working at a construction site. Operators of cranes and derricks are at increased risk of being injured or electrocuted on construction sites, where job accidents can lead to life-altering work injuries in Massachusetts.

As a follow up to a rule change last year, the Occupational Safety & Health Administration recently came out with a Small Entity Compliance Guide for Cranes and Derricks, which is meant to help small businesses comply with the new standards set last August for the use and operation of cranes and derricks.

The final rule is meant to help employers at construction sites achieve a safer work environment.

There are approximately 200 fatalities or injuries each year as a result of cranes and derricks work accidents in the construction industry. The original standard set back in 1971, needed updated to help reduce the number of injuries and fatalities occurring each year at constructions sites.

A few of the notable changes proposed by the Final Rule which are addressed in the compliance guide are:

-By 2014, crane operators will need to be certified or officially qualified.

-The newly designed certification requirements are meant to work in combination with local and state laws.

-Employers will be responsible for paying for all training required by the final rule, as well as, certification of equipment operators who work for them.

-Employers are required to use a qualified rigger for assembly/disassembly during rigging operations.

With certified operators and other noted changes the number of injuries should diminish each year, which is the ultimate goal of the U.S. Department of Labor.

“Over the past four decades, we’ve continued to see a significant number of worker injuries and deaths from electrocution, crushed-by and struck-by hazards while performing cranes and derricks operations,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This guide will help employers understand what they must do to protect their workers from these dangerous, sometimes fatal incidents.”
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March 22, 2011

Child Car Seats Under New Regulations for Better Protection in Boston Car Accidents

by Jeffrey S. Glassman

New child car seat safety recommendations from The American Academy of Pediatrics (AAP), suggest parents keep their children in a rear-facing car seat until the age of two, or until the child outgrows their current seat. These new regulations should prove safer in Boston car accidents.

Boston personal injury lawyers would like to remind you how important it is to make sure our children are safely restrained in the appropriate car seat. According to the latest mortality data from the National Center for Health Statistics, car accidents are the number one cause of death for those ages 3 to 14.

CNN reports that children under the age of 2 involved in a car accident, in rear-facing car seats, are 75 percent less likely to suffer from a severe injury, or even death, if secured properly. Rear-facing car seats have been shown to be five times safer than forward-facing car seats when involved in a motor vehicle accident.

It is not uncommon for parents to misuse child car seats. The Center for Disease Control and Prevention reports one study found that, of 3,500 cases, 72 percent of parents misused the car seat in such a way that could be expected to increase their child’s risk of injury during a car accident.

Once children have reach the age of two, or outgrown the recommended maximum height and weight of car seats, you are advised to keep your child in a booster seat until they reach 8-years-old. It is also recommended that children under the age of 14 are kept in the backseat.

A complete list of car seat safety tips, instructions, and recommendations can be found on the AAA website.
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March 21, 2011

Explosive dust may lead to catastrophic work accidents in Massachusetts

by Jeffrey S. Glassman

Most workers don’t realize what kind of risk they are in at their workplace when it comes to combustible dust explosions because so often such dangers go undetected. Our Massachusetts workers’ compensation attorneys want to remind employers and employees what a dangerous hazard combustible dust is if it ignites and causes an explosion on the job.

Many industries are affected by combustible dust; explosions may result in serious or fatal work injuries in Boston and elsewhere in the state.

According to the United States Department of Labor Occupational Safety & Health Administration, if dust is suspended in air at just the right absorption, it can become explosive in nature. When finely divided in form, combustible materials can burn quickly. Most explosions are extremely dangerous because of the force they bring, causing injury or even fatality to employers or employees on the job.

If the building crumbles in an explosion it can cause entrapment, which can lead to lasting effects if the victim becomes burned or inhales too much smoke from the fire.
There are a number of industries at risk of combustible dust hazards. Some industries at risk include: metal processing (zinc, magnesium, iron and aluminum), recycling operations, rubber, furniture, agriculture, chemicals, food (candy, sugar, spice and flour), pharmaceuticals, tire and rubber manufacturers, tobacco, plastics, and wood.

Employers have a responsibility to be proactive in detecting combustible dust before it becomes explosive. OSHA recommends a thorough hazard assessment of all spaces, potential ignition sources, materials handled, and operations taking place.

In order to control dust and ignition, OSHA recommends the following:

-A program should be implemented that inspects, tests, and controls hazardous dust.

-Appropriate systems and filters should be used at all times.

-Keep dust from escaping equipment and ventilation systems.

-Surfaces that have minimal dust accumulation should be used and maintained.

-Periodic inspections for dust residues in open and hidden areas should be performed.

– Approved dust collection vacuums should be used at all times.

-Minimize static electricity, mechanical sparks and friction, smoking, open flames, and sparks as much as possible from the workplace.

-If foreign materials that have the ability to ignite combustibles are detected, use a separator device to keep them from firing.

-Dust should be separated from heating systems and heated surfaces.

-A program should be followed for equipment preventive maintenance.

Industries need to be proactive in reducing the risk of a combustible dust explosion. Taking preventative measures can keep workers safe and free from preventable risk in the workplace.
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March 18, 2011

Boston road rage a big city danger; common cause of Massachusetts car accidents

by Jeffrey S. Glassman

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.

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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March 16, 2011

March Awareness Month: Boston car accidents and traumatic brain injury

by Jeffrey S. Glassman

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.

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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March 16, 2011

Boston car accidents a St. Patrick’s Day danger

by Jeffrey S. Glassman

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.

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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March 14, 2011

40 years of federal workplace safety oversight; 100 years of Massachusetts workers’ compensation

by Jeffrey S. Glassman

In a previous blog posted on our Boston Personal Injury Attorney Blog we reported that 2011 marks the centennial celebration of Massachusetts workers’ compensation law. OSHA will also be celebrating their 40 years of making the workplace safe.

Our Massachusetts workers’ compensation lawyers acknowledge the nation’s progress in workplace safety/ But we also recognize workers continue to be injured or killed and employers need to be held accountable.

Established in 1971, the Occupational Safety and Health Administration (OSHA) is celebrating 40 years of making the workplace a safer place to be. In 1970, an estimated 14,000 workers died on the job. By 2009, approximately 4,340 were killed in the workplace.

Of course more people are working now then in 1970; an estimated 130 million employees are working at over 7.2 million job sites. Serious workplace illnesses and injuries have dropped from 11 per 100 workers in 1972 to 3.6 per 100 workers in 2009 since the passage of the OSH Act.

Some OSHA highlights over the last 40 years:

-In the 1970’s safety standards were established for Asbestos, Construction Safety, 14 Carcinogens, Diving, Lead and Protecting Textile Workers.

-In the 1980’s safety standards for Hearing Conservation, Ground Fault Circuit Interrupter, Protecting Grain Workers, Benzene, Farm workers, Protecting Meatpacking Workers, Testing Laboratories Regulations, Excavation & Trenching and OSHA Coverage for Federal Workers were established.

-In the 1990’s safety standards for Laboratory Safety, Blood borne Pathogens, Confined Spaces, Stronger Asbestos Standard, Fatal Falls in Construction, Logging and Fatal Falls in Construction.

From 2000 to today safety standards were implemented for Protecting Healthcare Workers, Steel Erection, Fire Protection for Shipyard Employment, Payment for Safety Equipment, Falls in General Industry and Crane and Derrick.

In a message from Assistant Secretary Dr. David Michaels about the future of OSHA, “OSHA remains committed to protecting workers from toxic chemicals and deadly safety hazards at work; ensuring that vulnerable workers in high-risk jobs have access to critical information and education about job hazards; and providing employers with vigorous compliance assistance to promote best practices that can save lives.”
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March 12, 2011

Economic recovery increases risk of Massachusetts work accidents

by Jeffrey S. Glassman

The Bureau of Labor Statistics reported the unemployment rate for January 2011 had dropped 0.4% to 9.0%. The last time it was that low was April 2009 when it was 8.9%.

Our Boston workers’ compensation attorneys are glad to see the economy recovering. If you are a new hire make sure you receive proper safety training to avoid a Massachusetts work accident.

As reported by the Workers’ Comp Gazette it appears that some members of Congress blame OSHA for jobs lost because they are punishing employers rather than promoting prevention.

Common sense rules to protect employees have been in place for over 40 years but 12 workers die every day from injuries sustained at work. Another 3 million are injured. Safety regulations must be maintained and for some companies getting hit in the bottom-line is the only way they will get the message. Employees have the right to feel safe in the workplace. In fact, they have a right to BE safe in the workplace.

Assistant secretary of labor for the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), Dr. David Michaels, released the following statement as the Subcommittee on Workforce Protections of the House Committee on Education and the Workforce holds a hearing on ‘Investigating OSHA’s Regulatory Agenda and Its Impact on Job Creation.’

“I think we can all agree that the American economy must succeed but never at the cost of the safety or health of American workers. OSHA’s goal is to ensure that everyone who goes to work returns home safely. I think we can also agree that the size of a business should not determine the level of protection that a worker receives. All workers have the same right to a safe workplace.”

“Despite concerns about the effect of regulation on American business, there is clear evidence that OSHA’s commonsense regulations have made working conditions in this country today far safer than 40 years ago when the agency was created, while at the same time protecting American jobs. The truth is that OSHA standards don’t kill jobs. They stop jobs from killing workers. OSHA standards don’t just prevent worker injuries and illnesses. They also drive technological innovation, making industries more competitive.”

“The failure to issue sensible regulations endangers not only workers’ health and safety but also hurts American competitiveness. For example, because OSHA has a weak noise standard and weak enforcement, U.S. employers have no incentive to buy modern, quieter machines, which means that U.S. manufacturers don’t build them, and there are few jobs in the U.S. for engineers who could design them. A recent study by the National Academy of Engineering concludes that European manufacturers are way ahead of us in designing and building modern, quieter machinery. Today, when businesses anywhere in the world want to buy quieter equipment, they look not to the United States but to Europe.”

“As we approach OSHA’s 40th anniversary, the agency’s success has been well documented. An estimated 14,000 workers were killed on the job the year that Congress created OSHA. That number had fallen to approximately 4,340 in 2009. At the same time, U.S. employment has almost doubled and now includes more than 130 million workers at more than 7.2 million worksites. Since the passage of the Occupational Safety and Health Act, the rate of reported serious workplace injuries and illnesses has declined from 11 per 100 workers in 1972 to 3.9 per 100 workers in 2008.”
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March 10, 2011

Massachusetts work safety violation alleged at trenching site

by Jeffrey S. Glassman

Lack of workplace protection can often lead to what should be preventable Massachusetts work injuries. Cave-in protection was lacking at a Revere, Massachusetts jobsite. As a result, a Stoughton, Mass., contractor was fined $69,300.

Our Boston workers’ compensation attorneys know that excavation work is extremely dangerous and claims the lives of about 50 workers a year nationally.

A worksite located at the Massachusetts Bay Transportation Authority’s Wonderland Station has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for alleged willful and repeat violations of workplace safety standards. At the time of the inspection the station’s parking lot was having electrical vaults installed.

A complaint about unsafe conditions initiated a night time inspection by OSHA. Inspectors found workers of A.A. Will Corp. working without cave-in protection in a trench deeper than 5 feet. The trench also lacked any means for the employees to escape in the event of a cave-in or other emergency.

“The unprotected walls of an excavation can collapse in seconds, crushing workers beneath tons of soil and debris before they have a chance to react or escape. Employers must never allow an employee to face such a dangerous situation,” said Jeffrey A. Erskine, OSHA’s area director in Middlesex and Essex counties. “Employers also should not assume that they are exempt from an OSHA inspection when they work at night. Worker safety is a priority that extends beyond nine to five hours.”

The OSHA findings of lacking cave-in protection yielded the company 1 willful citation, with a proposed fine of $61,600. Lacking a means of escape resulted in 1 repeat citation with a fine of $7,700. In February 2010, OSHA had cited the company previously for lacking a means of escape in an emergency.

A similar situation occurred as we reported in a previous blog posted on our Boston Personal Injury Attorney Blog when another Massachusetts contractor faced stiff fines for endangering their workers in unprotected trenches.

OSHA safety standards regarding trenches and excavations 5 feet or deeper require protection against collapse.
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March 8, 2011

Massachusetts contractor faces work-safety violations involving noise exposure

by Jeffrey S. Glassman

A Canon, Massachusetts contractor working at the Hultman Aqueduct project in Weston, Mass., has been cited for repeat and serious OSHA violations.

Our Boston workers’ compensation attorneys continue to be concerned about Massachusetts construction workers whose employers repeatedly violate safety standards.

Inspectors for the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Barletta Heavy Division Inc. for alleged safety standard violations. Proposed fines to the Canton contractor total $52,500.

Employees were observed working without hearing protection inside the excessively noisy aqueduct tunnel. Other observations included: the work area lacked fire extinguishers and workers were to close to an exposed energized electrical panel. Fall protection was lacking, thereby exposing employees to fall hazards of up to 14 feet, and ladders didn’t extend at least 3 feet above the upper landing, which caused a stability issue.

In a previous blog posted on our Boston Personal Injury Attorney Blog we reported that employees working in high-risk occupations don’t use hearing protection enough. According to the Bureau of Labor Statistics there were 22,000 hearing loss cases reported in 2008.

Barletta Heavy Division Inc. was cited by OSHA back in 2008 for similar fall hazards at two worksites in Boston. Employers are issued repeat citation if they have been cited in the past 5 years for the same hazards. In this case proposed fines of $37,500 were issued for two repeat offenses.

We recently reported on our Boston Personal Injury Attorney Blog on another Massachusetts contractor cited for failing to provide fall protection to their workers. The Bureau of Labor Statistics reported 11 fatal falls in Massachusetts in 2009.

Serious citations were issued for the fire extinguisher, noise and electrical hazards with proposed fines of $15,000.

Personal protective equipment (PPE) including hearing protection and fall protection are items employers are required to provide their workers.

The recently released directive from OSHA Enforcement Guidance for Personal Protective Equipment in General Industry lists PPE that employers must provide for its employees for free. This directive went into effect February 10th.
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