Archive for February, 2019

Winter Risks Outdoor Workers in Massachusetts Face: Our Attorneys Discuss

Massachusetts workers' compensation attorneyWe are in the middle of winter, which spells danger for those who work outdoors. Cold temperatures, icy conditions, and snow-related accident risks most commonly impact construction workers, snow-removal workers, utility workers, drivers and other employees whose job duties require them to endure these winter conditions.

The Occupational Safety and Health Administration (OSHA) has identified several hazards workers face during the winter and ways you can protect yourself.

For employees who drive

If the scope of your employment requires you to be on the road, it is the responsibility of your employer to promote safe driving habits, including:

  • Ensuring that employees are trained on how to navigate winter weather conditions.
  • Ensuring that company vehicles come with functional brakes, adequate antifreeze and water levels in the cooling system, fully charged battery, functioning alternator, up-to-date engine systems, functioning exhaust system, well-maintained tires, adequate oil level, and up-to-date lights, defrosters, and wipers.
  • Ensuring that drivers are equipped with emergency kits. OSHA suggests providing employees with a cellphone or two-way radio, ice scraper, snow brush, flashlight, shovel, tow chain, traction aid, emergency flares, jumper cables, snacks, water, maps, blankets, and a change of clothes.

Outdoor work zones

When roads, sidewalks, or work zones are compromised by snow or ice, workers are susceptible to devastating accidents. They can be struck by skidding vehicles or work equipment. In order to protect workers, employers should implement traffic control signs, cones, barrels, and barriers. Additionally, workers should be equipped with highly visible vests or jackets.

Snow-removal workers are often at risk of exhaustion, dehydration, back injuries, or heart attacks while shoveling. Employers should offer frequent breaks and allow workers to warm up in order to prevent cold stress, hypothermia, or frostbite.

When using powered snow blowers, it is crucial that all equipment is unplugged from power sources or offer protection to prevent electrocutions. Equipment should be powered off when workers clear jams, as moving parts can cause lacerations and even amputations.

When clearing snow from rooftops, employers should train workers on how to properly use ladders, aerial lifts, and to be cautious of falling snow and ice.

Slip and fall hazards

Any worker who steps outside during the winter during the scope of his or her employment is at risk of slipping and falling. These accidents can happen to construction workers who spend the vast amount of time outdoors, or retail workers whose job functions could require only occasional outdoor duties.

In order to prevent slip and falls, it’s up to employers to make sure that parking lots are plowed and all walking surfaces are free of snow and ice. Slip and falls are not just an outdoor risk. Snow, slush, or water tracked in from outdoors can create a slipping hazard, too.

Obtaining workers’ compensation

Regardless of what caused your work-related injury, it’s critical that you notify your employer and seek medical attention as soon as possible. Your next step should be to file a workers’ compensation claim. This process isn’t easy. The paperwork can be confusing and if not done correctly, insurance companies may be likely to deny your claim.

Don’t go it alone. Speak to an experienced Massachusetts workers’ compensation attorney who can help you navigate the process and negotiate for a fair settlement. To learn more, contact us today.

Injury Risks Teenage Workers Face in Massachusetts

Massachusetts workers' compensation attorneyTeenagers are some of the most vulnerable workers in Massachusetts. Most of them are entering the workforce for the first time.

According to an annual report published by the Massachusetts Department of Public Health, 17 percent of teenagers ages 15 to 17 were employed across the state at some point in 2015. From 2011 to 2015, there were approximately 1,379 emergency department visits due to job-related injuries to workers under age 18, according to data collected by the Young Workers Project (YWP). Additionally, there were 569 workers’ compensation claims filed for the same age group.

One 17-year-old worker recounts an incident in which he fell backward off a ladder while lifting boxes in a stock room. His employer never instructed him on how to use a ladder safely.  Another teenage worker states, “My boss made me clean up hot coffee and grinds that had spilled and burnt me during my shift. I never received information on how to prevent or treat burns at work.”

Most dangerous industries for teen workers

The annual report identified the most common injuries to teenage workers that resulted in workers’ compensation claims. They included:

  • Sprains and strains – 30 percent
  • Open wounds – 25 percent
  • Fractures – 11 percent
  • Bruises – 11 percent
  • Burns – 10 percent
  • Other – 11 percent

The majority of workers’ compensation claims involving teenage workers included:

  • Accommodation and food service – 37 percent
  • Retail – 19 percent
  • Health care and social assistance – 11 percent
  • Construction – 4 percent
  • Other – 29 percent

A study into concussions

YWP began collecting data on work-related concussions in 1993 and documented a total of 81 workers’ compensation claims for workers ages 14 to 17. Approximately 44 percent of those head injuries occurred between 2011 and 2015, with 61 percent of them affecting 17-year-olds.

Among teenage workers, concussions were most likely to occur in restaurants (22%), grocery stores (17%), and municipal employers (11%). The most common causes of concussions included:

  • Hitting head on an object while standing or walking – 22 percent
  • Slipping and/or falling – 1 in 6
  • Playing or supervising work-related sports – 14 percent

Signs of a concussion include:

  • Confusion and disorientation
  • Clumsiness
  • Delayed responses
  • Loss of consciousness
  • Changes in mood, behavior and personality
  • Loss of memory
  • Headaches
  • Nausea and/or vomiting
  • Dizziness
  • Poor balance
  • Blurred vision
  • Sensitivity to light or noise

Obtaining workers’ compensation

Whether you’ve been working for a year or two, or you’re just entering the workforce, it’s important to understand your rights if you sustain an injury on the job. Workers’ compensation not only covers partial lost wages for the time you spend away from work, it covers your medical expenses as well.

Obtaining workers’ compensation can be very complicated. The insurance companies responsible for handling benefits might take advantage of the biases towards teenagers. They might claim you were irresponsible or that getting hurt is something that just happens at your age.

However, the legal team at the Law Offices of Deborah G. Kohl know that these biases aren’t true. Regardless of your age or level of work experience, we can work with you to make sure you’re treated fairly. Contact us today to discuss your legal options.