Boston Personal Injury Attorney Blog

January 21, 2011

Massachusetts water works an accident danger for workers, residents

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.

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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January 19, 2011

Employer may not retaliate against employees who report Massachusetts work injuries

by Jeffrey S. Glassman

The hammer was recently brought down on Metro North Commuter Railroad Co. following a whistleblower investigation from one of the company’s Connecticut employees.

Our Boston work injury attorneys want to remind you there are laws to protect you if you have been injured at work or treated unfairly. Employees who report dangerous conditions in the workplace may not be retaliated against by an employer.

The Occupational Safety & Health Administration recently concluded their investigation of the whistleblower complaint towards Metro North Commuter Railroad Co. The whistleblower complaint, filed by one of their Connecticut employees, claimed the railroad company retaliated after an employee filed an injury complaint. The employee had filed a whistleblower complaint to OSHA in November 2008 as a result of a work injury he had suffered. When the railroad company discovered the whistleblower they retaliated against the employee by enforcing disciplinary action against him, according to the allegations.

Following investigation into the complaint, OSHA has determined Metro North will pay the employee $75,000 in punitive damages, as well as $5,500 in attorney fees. Metro North will also be required to remove disciplinary actions and unsatisfactory notes placed in the employer’s permanent record. Lastly, the railroad company must provide its employees with information regarding filing complaints about on-the-job injuries and whistleblower rights.

“Taking repeated disciplinary action against an employee who exercised his legal right to report an on-the-job injury and voiced a complaint about retaliatory treatment by his employer is unconscionable,” said Marthe Kent, OSHA’s New England regional administrator, located in Boston. “Such treatment instills a culture of silence in which hazardous conditions are masked because employees will be fearful of reporting them.”

OSHA enacted the Whistleblower Protection Program to protect employees who were afraid to lodge a complaint for fear of their employer disciplining them. Like in the case of the Metro North railroad employee, workers have rights and shouldn’t be afraid to voice a legitimate complaint. Under the program, the employee must show the violation of rights, that the employer knew about the violation, and that some form of retaliation ensued as a result of the complaint.

The following are unacceptable forms of retaliation by the employer:
-Blacklisting or demoting the employee to a lower paying job.
-Terrorizing or intimidate the employee with threats.
-Letting the employee go without other provocation.
-Minimizing the employee hours or reducing the hourly wage.
-Punishing the employee with undesirable tasks.
-Reassigning duties to prevent moving up in the company.
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January 16, 2011

Worcester company cited for Massachusetts work-injury violations involving trench safety

by Jeffrey S. Glassman

A Worcester construction company has been cited by the Occupational Safety & Health Administration with exposing employees to dangerous working conditions in Quincy, Massachusetts.

The government contends that dangerous trenching conditions exposed workers to the potential of being seriously injured or killed in a Massachusetts work accident.

OSHA reports that employees of JE Amorello Inc. were working in a trench deeper than 8 feet that lacked proper shoring and sloping, which could prevent collapse. The government issued the company one willful citation and a proposed fine of $15,400.

“Employers know the unprotected walls of a trench can collapse suddenly and without warning, stunning and crushing workers beneath tons of soil and debris before they have a chance to react or escape,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “Even though no collapse occurred this time, allowing employees to enter and work in an unprotected trench is both dangerous and unacceptable.”

The inspection also found that the trench did not have a ladder for a swift exit. Brick and excavation material was also found stored at the edge of the trench walls, which can induce collapse. Those conditions resulted in two additional fines totaling $4,620.

OSHA rules require safeguards for all trenches in excess of 5 feet deep. OSHA trenching guidelines for workers and employees are available here.

The Centers for Disease Control reports an average of more than 50 people a year are killed in trench accidents. Three quarters of those deaths are caused by cave-ins.
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January 15, 2011

Post Office cited for electrical work hazards in Shrewsbury, Massachusetts

by Jeffrey S. Glassman

The Occupational Safety & Health Administration has cited the U.S. Postal Service for willful and serious safety violations after reports that employees were exposed to electrical hazards that could have led to a serious or fatal Shrewsbury, Massachusetts work accident.

Our Boston workers’ compensation lawyers frequently report on the dangers faced by employees in the workplace. Electrocution is a danger that doesn’t always get mentioned with other leading types of fatal work accidents, like falls and transportation accidents. However, the Bureau of Labor Statistics reports that 168 workers were killed in work accidents caused by exposure to electrical current last year. Another 63 died after being exposed to overhead power lines.

OSHA has proposed $238,000 in fines against the Central Massachusetts Processing and Distribution Center.

“These sizable fines reflect the Postal Service’s knowledge of and failure to address these hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “For years, the Postal Service knew that allowing untrained employees to work on electrical equipment exposed workers to serious injury or worse. Despite this knowledge, the Postal Service did not take the necessary steps to change its practices and eliminate the hazards.”

Inspections began June 29 in response to an employee complaint and found that unqualified employees were permitted to work on electrical circuits and equipment. Additionally, the equipment was not de-energized prior to being serviced and employees were not supplied insulated tools and other safety equipment. As a result, the Postal Service was issued three willful citations, which means an intentional or voluntary disregard for the safety and health of employees. Those fines total $210,000.

Four serious citations were also issued totaling $28,000. Those fines cite a lack of proper employee safety training in electrical work practices, lack of proper personal safety equipment, and failure to perform periodic inspections of the Shrewsbury facility’s energy control procedures.
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January 13, 2011

Parents plead for help following Massachusetts hit-and-run accident

by Jeffrey S. Glassman

The parents of a young girl seriously injured in a hit-and-run Massachusetts car accident are pleading with the public to come forward with information, the Boston Globe reports.

Tragically, some victims decide seeking the advice of a Boston car accident attorney is not worthwhile in hit-and-run accident cases. As in uninsured or underinsured motorist cases, we believe seeking qualified legal help is critical. In the event that the driver is identified, you may be able to collect from his or her insurance policy or by making a claim against the at-fault driver’s assets. In other cases, you may be able to seek compensation from your own insurance carrier or from another party identified by your attorney, such as a vehicle manufacturer or municipality.

In this case, the 6-year-old girl was hit by a silver Jeep Grand Cherokee shortly before 8:30 p.m. Saturday. The vehicle may have front-end damage in the headlight area. The girl was run down while holding her mother’s hand and walking slightly behind.

The girl suffered a broken pelvis, as well as bleeding in a lung and kidney. She has also suffered a Traumatic Brain Injury and has bleeding in several areas of the brain.

Detectives are reviewing surveillance video from nearby buildings. Anyone with information is asked to call the Boston Police Department at 1-800-494-8477 or text TIP to the word CRIME (27463). All tips can be anonymous.

Wicked Local reports the accident happened near the intersection of Cambridge Street and Harvard Avenue.
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January 9, 2011

Severe weather increases risks of Boston work accidents, premise liability accidents

by Jeffrey S. Glassman

The Occupation Safety & Health Administration is reminding New England employers of the dangers of Boston work accidents, and work injuries elsewhere in the Northeast, that can result from winter weather and snow removal.

Our Boston, Massachusetts workers compensation lawyers and premise liability attorneys understand the risk of serious or even fatal injuries that winter weather, icy and snowy parking lots and walking surfaces, and other winter conditions can bring to employees and customers alike.

“Cleaning up after a storm encompasses a variety of tasks, each of which can carry risks if performed incorrectly or without proper safeguards,” said Marthe Kent, OSHA’s regional administrator in Boston. “We want people to know what those risks are and what steps they can take to protect themselves against these hazards.”

Hazards can include:

-Electric shock from downed power lines or underground equipment.

-Being struck by trees or other structures that collapse beneath the weight of snow.

-Chainsaw accidents or accidents involving snow blowers and other heavy equipment.

-Motor vehicle accidents.

-Falls from roofs, lifts or ladders.

-Carbon monoxide poisoning from generators, heaters and other power equipment that is not properly ventilated.

-Falls from snow or icy walking surfaces.

-Hypothermia, frost bite and other injuries from cold exposure.

Safety Tips Include:

-Coordinate downed power lines with utility companies.

-Use effective fall protection.

-Use caution around surfaces weighted with snow.

-Make sure electrical equipment is properly grounded and gas-powered equipment is properly ventilated.

-Wear appropriate eye and body protection.

-Clear walking surfaces of snow and ice and use salt or its equivalent where needed.

-Establish clearly marked work zones.

-Wear reflective clothing.

-Wear clothing appropriate for weather conditions, take plenty of breaks.

Information on safe cleanup after severe weather is available here.
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January 7, 2011

Government aims to reduce risk of Boston roofing accidents in residential construction

by Jeffrey S. Glassman

The Occupational Safety & Health Administration is moving to reduce the risk of construction accidents in Boston and roofing accidents in Massachusetts.

“Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must.”

According to the Bureau of Labor Statistics an average of 40 workers are killed each year in falls from residential roofs. Latino workers account for one-third of such deaths. Typically, Latino workers also lack sufficient access and understanding of basic work-safety rights and protections.

Latino workers comprise one-third of those employed in the construction industry.

The new directive requires strict compliance with residential construction fall protection standards. Previously, a temporary rule had been in place since 1995 that allowed for some alternate methods. Such alternative methods are now only permitted if traditional fall protection is not feasible due to the residential environment imposed by the job site.

Construction and roofing companies have six months to comply with the new standards. OSHA is also hosting a webinar.

More information on residential fall protection in Massachusetts is available here.
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January 5, 2011

Green jobs bring new risks of Massachusetts work accidents

by Jeffrey S. Glassman

In the fight to lure “green jobs” the government is working to make sure state and federal safety regulators are prepared to ensure worker safety and to prevent Massachusetts work accidents and employee injuries.

Defined loosely as products and jobs that improve the environment, the so-called “green jobs” include wind energy, solar, insulation and sealants, hydrogen fuel cells, geo-thermal energy, biofuels, recycling and green roofs. Employees in these industries may be exposed to new manufacturing processes and may be at increased risk of a work accident covered through a Massachusetts workers’ compensation claim.

The Occupational Safety & Health Administration cites exposure to Cadmium Telluride as an example. The chemical is a known cancer-causing agent and is used in the solar-energy industry.

“We’re all aware of the job opportunities that green jobs offer, and in the present economy, new technologies with the potential of new jobs are especially welcome,” said Dr. David Michaels, assistant secretary of labor. “We must use our knowledge and skills to identify potential hazards as they emerge. We can’t wait years for hazards to be completely characterized, to let industries shift their responsibility or defer workplace protections by producing “doubt” instead of actively practicing prevention.”

Accordingly, OSHA is pushing for Prevention through Design, which means instituting manufacturing processes and designing equipment with worker safety in mind. By utilizing worker safety and health professionals in the design process, engineers are encouraged to “design out” hazards employees may otherwise face.

The government notes that jobs in green technology will already carry many of the same risks as traditional employment, including transportation accidents, fall accidents and electrical or fire injuries.
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January 3, 2011

Collapsing porches, stairwells, a premise liability issue in Boston

by Jeffrey S. Glassman

Four children were injured in Boston after the porch on a three-story house collapsed, sending them plummeting to the ground, according to a report in the Boston Globe.

Landlords and property owners have an obligation to ensure the safety of their property. Boston’s older housing stock, combined with the weight of snow and the damage caused by the winter’s freeze-and-thaw cycles, can leave porches and outside stairwells susceptible to failure. When tenants or guests are injured on homeowner’s or landlord’s property, a Boston premise liability case may be brought to recover damages for medical bills, lost wages, pain and suffering and other damages.

This collapse occurred New Year’s Day and injured four children, including two 11-year-old girls, a 10-year-old-boy and a 7-year-old boy. All were transferred to Boston Medical Center.

A maintenance man said the third-floor porch collapsed into the second-floor porch, which then collapsed into the porch on the first floor. The children were on the top floor building a snowman when the porch collapsed from beneath them shortly after noon.

Cause of the collapse is under investigation by the Boston Inspection Services Department.
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January 1, 2011

Driver pleads guilty, admits to texting, in Boston MBTA Subway accident that injured more than 60

by Jeffrey S. Glassman

The driver responsible for a Boston subway accident that injured more than 60 people has admitted to text messaging at the time of the accident and pleaded guilty to criminal charges in connection with the May 2009 rush-hour crash, the Associated Press reported.

As our MBTA injury lawyers have reported, the crash lead to tough new rules preventing MBTA employees from using cell phones while on the job.

The driver pleaded guilty in Suffolk Superior Court to gross negligence by a person in control of a common carrier. He was sentenced to two years of probation and 100 hours of community service. He admitted to texting his girlfriend in the moments before the accident at the Government Center subway stop. He ran through red and yellow warning lights and crashed into the two-car train ahead.

He was fired. The assistant district attorney had asked for a six-month jail sentence, citing the number of injuries and the cost of the crash — which has been tagged at about $10 million.

The driver submitted a letter of apology to the court.

“Not a day goes by where I am not reminded of the suffering that my actions caused and the broad impact of my accident,” he wrote. “I pray that one day I will be able to make amends in some ways to the affected persons.”

Several personal injury lawsuit remain pending as a result of the accident.

Since the Massachusetts Bay Transportation Authority enacted the ban, which prohibits operators from possessing cell phones or similar devices while on the job, 22 MBTA employees, including bus and train workers, have been discharged or suspended for violating the policy.
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