Archive for March, 2020

Can I collect workers’ comp for a cumulative workplace injury?

Massachusetts workers' compensation attorney

Not all workplace injuries involve throwing out your back while lifting something heavy or sustaining a severe injury due to an accident.

Some workplace injuries take much longer to develop, and they’re not usually caused by accidents or careless mistakes. Cumulative trauma injuries can develop from years of performing certain job functions. They can impact the hands, joints, knees, back, spine, feet, shoulders, and neck.

What are some examples of cumulative trauma injuries?

Cumulative trauma injuries are prevalent in all types of workplaces and industries. Here are some varying examples regarding how they develop:

  • A manufacturing worker can develop musculoskeletal injuries after years of performing the same physical movements for several hours per day.
  • A construction worker may develop vibration-related injuries or arthritis due to hours of operating power tools.
  • An office worker may develop low back pain due to several hours of sitting and poor workplace ergonomics.

Muscle fatigue, lack of rest, poor posture, awkward positioning, and overexertion are contributing factors that can speed up the development of cumulative injuries.

What are common types of cumulative injuries?

A cumulative injury can impact a worker’s ability to perform his or her job just as much as an accident-related injury.

The most common types of cumulative injuries, according to verywellhealth, include:

  • Carpal tunnel syndrome — compression of the median nerve in the wrist that results in pain, numbness, and tingling in the hands and arms.
  • Bursitis — inflammation of the fluid-filled sacs (bursae) in the joints that results in pain, swelling, and stiffness.
  • Tendinitis — inflammation of the tendons that causes pain, stiffness, and restricted movement.
  • Epicondylitis (tennis elbow) — pain in the elbow, usually caused by overuse of the arms and wrists.
  • Ganglion cyst — a small fluid-filled sac that develops over a joint or tendon.
  • Tenosynovitis — inflammation of the tendon sheath where tendons and muscles meet, resulting in pain, swelling, and limited movement.
  • Trigger finger — a finger gets stuck in a bent position, with a clicking or popping sensation.

Musculoskeletal disorders that result in back pain, tenderness in the shoulders and neck, and discomfort in the limbs are also common cumulative injuries.

How can I collect workers’ compensation benefits?

If you have noticed pain and discomfort caused by the nature of your job, it’s important that you take it seriously before it gets worse. You should first notify your employer and make an appointment to see a doctor.

Your condition may require physical therapy, medication for pain and inflammation, chiropractic care, stretching, exercise, and time off from work.

An experienced Massachusetts and Rhode Island workers’ compensation attorney at the Law Offices of Deborah G. Kohl can help you get the benefits you need. Our attorneys know how the workers’ compensation system works and can help maximize your chances of being compensated.

Contact us online to 508-677-4900 to find out how.

Dangerous employers are endangering Massachusetts workers

Massachusetts workers' compensation attorney

Workplace deaths in Massachusetts have remained stubbornly high over the past few years. In 2017, there were approximately 74 workplace deaths in Massachusetts. That number dropped to 69 in 2018 and 47 in 2019.

According to the Bureau of Labor Statistics, more than 70,000 Massachusetts workers sustain injuries or illnesses on the job each year. While these injuries and deaths are preventable, they have been difficult to reduce in Massachusetts. The negligent and reckless actions of some employers may be to blame.

Companies with OSHA violations operating in Massachusetts

After analyzing more than 12 million Massachusetts OSHA violations, WCVB found that dozens of companies with the worst types of OSHA violations have been operating in the Bay State since 2014. At least 35 of them had serious violations that OSHA said: “would most likely result in death or serious physical harm.” Seven of these companies had “willful violations,” which means that the companies knowingly violated OSHA’s safety standards and endangered workers.

Many of these companies endanger workers by failing to take the time to ensure that each worksite is properly set up, inspected, and maintained. In addition, some employers fail to provide adequate safety training to employees.

Two construction workers were killed in a Boston trench collapse in 2016, according to WCVB. The owner of the company, Atlantic Drain Service, was convicted of manslaughter in 2019. The company also had a history of OSHA citations due to safety violations — some of which were for the same conditions that caused the workers’ deaths.

City and state officials crackdown on dangerous employers

Shortly after the fatal incident in 2016, Boston city officials passed an ordinance requiring companies to disclose any OSHA citations they received to obtain a permit. City officials hope that this will stop companies with a history of violations from operating in Boston. Similar statewide legislation is currently being considered on Beacon Hill.

“They’re looking for red flags. If they’re on the severe violator list, they absolutely do not get a permit in the city of Boston,” said Boston Inspectional Services Commissioner Dion Irish. “In the past 12 months, I know there’s been at least a dozen companies we’ve revoked permits and stopped the work and required either safety plans or other contractors had to take over those particular jobs.”

Jodi Sugerman-Brozen is the executive director of the Massachusetts Coalition for Occupational Safety and Health (MassCOSH). She believes that many companies with serious or repeat safety violations should not be doing business in Massachusetts. She told WCVB that the statewide bill is “important in terms of corporate accountability.”

According to MassCOSH, there are only 32 OSHA inspectors working in Massachusetts, which is not enough to maintain safe workplaces across the state.

“If they’re working on fatality investigations, they don’t have the same capacity to get out to do those inspections that are basic safety inspections,” said Sugerman-Brozan.

How can I collect workers’ compensation if I was hurt on the job?

If you sustained an injury or illness at work, you may be eligible for workers’ compensation benefits. This will cover your medical expenses and lost wages while you’re unable to work. The Massachusetts workers’ compensation attorneys at the Law Offices of Deborah G. Kohl can help you obtain the benefits you need. Contact us online to find out how.