Boston Personal Injury Attorney Blog

January 16, 2011

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

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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December 29, 2010

Boston car accident lawyers urge you to resolve to put cell phones down and drive in 2011

by Jeffrey S. Glassman

Distracted driving accidents are happening more frequently than ever before, likely due to the fact that cell phone use, whether it be talking or texting in vehicles, is a common occurrence. Such distractions can take your mind and your eyes away from the road where they belong. Boston car accidents continue to occur every day because of distracted driving.

Certainly, resolving to put your cell phone down and drive would be a great way to start 2011. Our Boston car accident attorneys encourage you to do so and to talk to your friends and family members in an effort to keep them safe.

In the news recently was the arrest of a woman who was reportedly texting when she kiled an 80-year-old pedestrian crossing the street. The Hartford Courant reported that the driver will be charged with gross vehicular manslaughter.

Texting is the most dangerous form of driving distracted according to Distraction.gov because it involves three key components of taking eyes off the road, hands off the steering wheel, and the mind off of driving. In 2008, almost 6,000 people died because of distracted driving accidents. Distractions were the cause of 20% of all crashes in 2008, while the younger generation with less driving experience was the most at-risk age group. In fact, drivers who use hand held devices are four times as likely to get in a car crash and be seriously injured as someone not driving with a distraction of some sort in their hands.

Massachusetts now has a ban on cell phone use for bus drivers and drivers under the age of 18 with a learner’s permit, as well as a ban on texting for all drivers. Law enforcement officials no longer need a secondary reason to pull you over. As of September, texting is considered a primary offense and reason enough for officers to hand out a ticket to drivers in violation.
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December 27, 2010

Defective vehicles can increase risk of Boston car accidents

by Jeffrey S. Glassman

Purchasing a car is likely a big decision presuming the number of hours you spend in your vehicle per week. Like your home, you are looking for comfort as well as safe being during the hours that you spend in your vehicle.

The last thing we want is to purchase a vehicle to be followed by a recall notice a few months later that there is a defect in the car. Our Boston personal injury attorneys want to remind you to do your research prior to buying a vehicle so that you can make a well-informed decision.

It was recently announced that Toyota, one of the leading car producers, will pay penalties based on two different investigations for failure to report recalls on vehicle defects in a timely manner. The National Highway Traffic Safety Administration put Toyota Motor Corporation under investigation for the recall of two items. Ray LaHood, Secretary for US Transportation, stated “Safety is our top priority and we take our responsibility to protect consumers seriously.”

In 2007, Toyota recalled 55,000 vehicles due to a defect in the floor mats entrapping the accelerator pedal. Almost two years later there was a fatal crash in California involving a Lexus in which the floor mat, which was intended for another model, entrapped the gas pedal and lead to the crash. As a result, the NHTSA found that Toyota did not communicate the initial defect within the five business days that is required by law. To date, there have been almost 5 million vehicles recalled. Toyota will pay the maximum penalty of $16.375 million dollars to the Treasury Department’s general fund.

The second investigation resulting in a $16.05 million fine was with regard to failing to report defects in several Toyota models with steering rod malfunctions that caused a possible loss of steering control while driving. In 2004, Toyota recalled some truck models in Japan with this problem but reported no knowledge of this defect in any other models. Later, in 2005, Toyota admitted to the defect in several U.S. models and recalled over one million vehicles as a result. Consumer complaints of the defects led to the investigation by NHTSA where they found that Toyota did not comply with standards when it comes to recalling model defects in their vehicles.
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