Boston Personal Injury Attorney Blog

April 5, 2011

Japanese Nuclear Disaster Highlights Risks of Radiation in Massachusetts workplace

Residents experience low levels of radiation on a daily basis. The levels of radiation released through the Fukushima Daiichi power plant, recently threatening the coasts of the U.S. in trace amounts, do not present a threat. We’re not completely in the clear however, small traces of acid rain are expected in the Boston area.

You are more likely to be exposed to excessive levels of radiation inBoston work accidents— particularly those residents who work in the medical or energy fields.

Boston workers’ compensation attorneys understand that aside from the everyday exposure to residual radiation in the atmosphere and to medical applications, detrimental radiation exposure causes potential danger in local plants and nearby homes. We note the recent report from the watchdog group, Union of Concerned Scientists that listed 14 plants that had near misses last year.

Plants from outside of our state can also pose threats to our residents. Boston state health officials announced that the Japanese power plant explosion has caused a stream of radioactive rain on the Bay State. No need to be alarmed, the levels were declared too low to pose a threat to residents, according to the Boston Herald.

It is to be noted that the half-life of these radioactive materials is approximately 8 days. The matter is expected to dissolve and become virtually undetectable. Officials are continuously testing the state’s water supply as a safety precaution.

“The drinking water supply in Massachusetts is unaffected by this short-term, slight elevation in radiation,” said Public Health Commissioner John Auerbach. “However, we will carefully monitor the drinking water as we exercise an abundance of caution.”

Not all radiation or chemical exposure is life threatening. Everyday, acceptable amounts of exposure can result from medical procedures such as CT scans and x-rays. It is the massive amount of exposure, as the Japanese plant workers are being exposed to or the Danvers Explosion of 2006, that poses life-threatening consequences. While these explosions are unpredictable and sometimes unavoidable, OSHA has established rules and regulations in attempt to avoid any similar disaster from occurring in Massachusetts.

Here are some tips to help you through a nuclear power plant emergency should you every run into one:

-Stay inside your home until instructed otherwise.

-Don’t return home if you happen to be out during the incident. Wait until authorities have cleared the area.

-Listen for information from the power company and officials to stay informed. Ignorance can be a harmful burden in this scenario.

-Be sure to bring pets and livestock indoors.

-Do not use your phone.

-If you think you have been contaminated, take a thorough shower, put infected clothes in a plastic bag and seal it.

-Be sure to seek medical assistance if you experience any unusual symptoms that could possibly be related to radiation or chemical exposure.

The best way to limit radiation exposure is to stay informed, shield yourself from the radiation by staying indoors and be patient.

It is the responsibility of employers to provide a safe workplace for factory workers that may come in contact with these dangerous materials. It is also their responsibility to provide any necessary compensation should accident occur.
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April 3, 2011

Officials Cite Massachusetts companies for work-safety violations

by Jeffrey S. Glassman

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.
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April 1, 2011

Triangle Shirtwaist Factory Fire Hits Centennial Mark, Boston Work Safety Impacted by Historic Tragedy

by Jeffrey S. Glassman

The Triangle Factory fire — that happened 100 years ago March 25 — was remembered late last month at Boston College. The event took place at BC’s Robsham Theater Arts Center in the Bonn Studio. The factory fire remained the worst industrial fire in New York City for 90 years, according to Boston College.

Our Boston workers’ compensation attorneys would also like to honor the 146 workers killed in this fire — which is commonly seen as the beginning of workplace safety efforts in the United States. This tragedy was an eye-opening experience that exposed the public to the dangerous conditions in these high-rise factories.

Triangle Waist Company was, at the time, one of the largest blouse makers in New York City. The company specialized in making a very popular women’s blouse, the shirtwaist. IN part through the exploitation of workers, Blanck and Harris became very wealthy, according to historical references.

After the devastating factory fire, the Triangle Factory tragedy suffered decades of repercussions. The incident was one of the first to shape safety and labor laws, first in New York and then nationwide. It also played a key role in organizing garment workers in the labor movement.

This year also marked the 100th anniversary of Massachusetts workers’ compensation law as we’ve previous discussed on our Boston Personal Injury Blog.

Occupational Safety and Health Administration (OSHA) is also celebrating a birthday this year. The administration celebrated 40 years of providing safety regulations for workers. It is reported that in 1970, approximately 14,000 workers died on the job, but after the establishment of OSHA, those numbers fell to approximately 4,340 work place fatalities in 2009.
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March 31, 2011

Electrical Worker Experiences Stuck in Concrete Pillar, Three Hour Boston Work Accident

by Jeffrey S. Glassman

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.
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March 27, 2011

Four Workers Injured in Middleton Chemical Plant Explosion

by Jeffrey S. Glassman

Federal inspectors are now looking over the current safety procedures at the Bostik Chemical Plant in Middleton after a recent explosion and a four-alarm fire injured four workers. The cause of the explosion still remains unknown. Those four injured workers were sent to the hospital. Workers’ compensation in Massachusetts is designed to cover their medical bills and lost wages while they recover.

Massachusetts workers’ compensation attorneys would like to stress the process is not stress free — and many workers find it to their benefit to consult an experienced attorney to help ensure their rights are protected throughout the process. It is an employer’s duty to provide a safe work environment. In a previous entry on our Boston Personal Injury Attorney Blog we noted that 2011 marked the centennial mark for the Massachusetts workers’ compensation law.

According to NBC 7, a decontamination tent was set up at the hospital for the injured workers because of the concern about hazardous chemicals. Several teams, including hazardous-materials and environmental protection teams, were called to the scene of the explosion to monitor air and water quality to avoid runoff into neighboring residential areas, where many rely on wells.

Authorities are now moving into the next phase of the investigation where third-party experts will be brought in to conduct chemical testing at the plant, reports Boston.com.

“OSHA (Occupational Safety and Health Administration) 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,” said In a message from Assistant Secretary Dr. David Michaels about the future of OSHA.

OSHA, established in 1971, has been dedicated to making the workplace safer. In 1970, nearly 14,000 were killed on the job — in 2009, approximately 4,000.
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March 25, 2011

State Trooper Injured on the Job in Massachusetts Car Accident

by Jeffrey S. Glassman

A Massachusetts state police officer was involved in a Boston car accident with a 40-year-old man, who had reportedly been drinking. The 43-year-old officer suffers from leg injuries, but remains in stable condition at Boston Medical Center.

Boston personal injury lawyers understand that many jobs, including law enforcement, require workers to work in some compromising situations. It is the responsibility of employers to arm you with the necessary tools to keep you safe on the job and the services to help you recover should you be involved in a work related injury.

Recently on our Boston Injury Attorney Blog we congratulated Massachusetts for the 100th anniversary of its workers’ compensation law. According to WorkersCompensation.com, Massachusetts was the second state to enact a workers’ compensation statute.

Two serious accidents took place last week in Massachusetts alone. In addition to an officer’s vehicle being struck by an impaired driver, a separate police accident happened last week leaving a 54-year-old officer injured when a car crossing the median struck his cruiser head on.

In 2009, nearly 4,500 workers killed on the job in the United Stated. More than 1,500 of those deaths were the results of transportation incidents, according to The Bureau of Labor Statistics, Massachusetts accounted nearly 70 of those deaths.

According to Boston.com, Massachusetts state troopers have been experiencing a series of crashes lately, leaving many officers injured. The most recent crash marks the 12th serious crash in the past 15 months that left a trooper seriously injured. Causes of these accidents include erratic driving, speeding, or impaired driving of civilians, according to the State Police.

The Unites States has progressed tremendously in workplace safety requirements, but also acknowledges that workers continue to be injured or killed and employers need to be held accountable.
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March 24, 2011

Specific Therapy Proves to Increase Recovery in Traumatic Brain Injury Patients

by Jeffrey S. Glassman

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.

“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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March 23, 2011

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

by Jeffrey S. Glassman

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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