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30
Aug 2021
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Workers Injured in Massachusetts Construction Accident

a builder or roofer has fallen from the top elevation of scaffold on a construction site and landed on the next level . He is grimacing in pain . The shot is focussed on the area that the roofer had been working .

A recent construction accident in Massachusetts in which three workers fell off a ladder illustrates the danger workers face due to falls from height, which is one of the most common causes of injury and death in the construction industry.

According to WCVB 5 News, the accident occurred at a Norwood apartment complex when three workers fell 25 feet off a ladder while working on the building’s gutters.

One injured worker was airlifted by a medical helicopter to an area hospital, while another was taken by ambulance to Boston Medical Center with serious injuries. The third injured worker was transported by ambulance to Good Samaritan Medical Center with non-life-threatening injuries.

The accident is under investigation by Norwood’s building inspector and the Occupational Safety and Health Administration (OSHA).

How common are accidents involving falls from height?

Workers falling from a ladder, a roof, and other high places are among the most common types of construction accidents. Each year, accidents involving people slipping, tripping, or falling result in more than 235,000 injuries and 800 fatalities, according to the U.S. Bureau of Labor Statistics (BLS).

As for construction accidents, falling from a height remains one of the most common causes of injuries for construction workers. In 2019, slip, trip, and fall accidents resulted in 35.9 non-fatal injuries per 100,000 workers among construction workers, according to the BLS. Of those injuries, falling from a height to a lower level (falling off a ladder or a roof, for example) resulted in 19.4 non-fatal injuries per 100,000 construction workers in 2019.

Get a free consultation with a construction accident lawyer

Injury claims involving falls from height and construction accidents often turn out to be complicated legal cases. And if you’re not careful, you could end up paying out of pocket for your medical bills and other losses.

At the Law Offices of Deborah G. Kohl, our legal team has years of experience helping injured construction workers throughout Massachusetts and Rhode Island. As a result, we’re familiar with the state and federal rules and regulations that apply to construction accidents and workplace safety. We know how to investigate accidents and negotiate effectively with insurance companies on behalf of injured workers. That’s why we have such a strong track record of success securing sizable settlements and verdicts for injured construction workers.

Discover what we can do for you. Contact our law firm and schedule a free case evaluation with our law firm. We have three office locations in Rhode Island and Massachusetts and handle construction accident claims in both states.

30
Aug 2021
By:

PTSD Legal Dispute in R.I. Highlights Challenges Workers Face

PTSD Post Traumatic Stress written on the puzzle.

A recent legal battle involving the city of Pawtucket, R.I., and a city police detective diagnosed with PTSD (post-traumatic stress disorder) due to his work highlights the challenges workers face in workplace accident cases that involve mental trauma.

The case began when a Pawtucket police detective requested injured-on-duty leave due to mental trauma associated with his work, which frequently involves investigating serious crimes, according to The Boston Globe. The city’s police chief denied the detective’s leave request. In response, the detective filed a grievance with the city.

Four medical experts determined that the police detective was traumatized by his work. As a result, an arbitrator sided with the police detective, saying the city had violated the police union’s collective bargaining agreement by not granting the detective’s leave request due to mental trauma. The arbitrator also ordered the city to grant the detective’s leave request and restore vacation time and sick time used by the detective for mental trauma reasons.

Instead, the city recently announced it was planning to fight the arbitrator’s decision in Superior Court in Pawtucket. The city’s lawyer claims the police detective “exaggerated his experiences” and that mental stress is part of the job.

Understanding PTSD and mental trauma

The legal battle involving the Pawtucket police detective and the city illustrates the misunderstanding of PTSD and mental trauma that’s associated with certain professions. Some people might think that PTSD occurs shortly after a traumatic incident. But in many cases, people diagnosed with PTSD experience mental trauma long after a traumatic event.

Some people who suffer from PTSD experience it due to what’s described as a cumulative effect, according to Professor John Violanti, a retired New York State Police trooper who studies police suicide and PTSD among law enforcement personnel. The more traumatic events a police officer is exposed to, the higher the risk of developing PTSD, Violanti says.

Even so, Violanti says some judges and juries still question claims made by police officers over mental trauma.

“The officer has to prove the experience of the traumatic event was beyond traumatic, the worst that could possibly happen,” Violanti told The Boston Globe.

But Violanti and others insist the effects of PTSD and mental trauma on the job are real. Violanti co-authored two studies about the effects of PTSD on police officers. One study found that police officers with PTSD have higher chronic disease rates than the general public. Another study found that police officers with PTSD have difficulty making decisions, which can affect public safety if the officer is ordered to return to work. An on-duty police officer with PTSD, for example, might have “difficulty in making a decision, which affects not only safety of the public but safety of the officer as well,” Violanti said to The Boston Globe.

How a workplace accident lawyer can help

Workers suffering from PTSD and mental trauma should seek support and treatment for their medical condition, but going down that road alone often means you’ll end up encountering a lot of hurdles. That’s why you need an experienced workplace accident attorney on your side to guide you, every step of the way.

The dedicated legal team at the Law Offices of Deborah G. Kohl in Providence has years of experience helping workers dealing with complicated legal cases. We thoroughly understand the ever-changing state and federal laws that apply to workplace PTSD and mental trauma. We know which strategies can be the most effective. We also never take anything for granted. We take the time to thoroughly investigate each case and know how to find the evidence needed to build the strongest possible legal case.

Learn more about how our law firm can help you. Contact us and schedule an appointment at one of our three office locations in Rhode Island and Massachusetts. We handle workplace injury and workers’ compensation cases in both states.

Overheating & dehydration are common causes of construction accidents

Closeup side view of construction worker finishing a rooftop edge wall on the apartment building. One of them is taking a short break on a hot sunny day.

Lawyers who handle workplace injury cases explain

Many construction accidents occur due to dehydration and workers overheating, according to a recent study that emphasized the importance of construction workers staying properly hydrated while working in hot and humid weather.

An estimated 5 to 10 million construction workers face health risks every day on the job due to overheating, according to the study. That’s why it’s critical that construction companies provide regular access to clean drinking water to employees in order to avoid heat-related injuries.

“Without easy access to fluids, workers can become dehydrated, which is a prime cause of heat illness,” the study states, adding that the “health benefits of proper hydration” makes “for a more productive and healthier work force.”

How common are heat-related injuries?

A total of 79,660 construction workers sustained injuries on the job that required them to miss work in 2019, according to annual workplace injury statistics compiled by the U.S. Bureau of Labor Statistics. Precise statistics concerning how many of those injuries involved excessive heat exposure were not available.

However, heat exposure-related injuries involving all workers in all industries have been a problem for years, according to the Occupational Safety and Health Administration (OSHA). In particular, OSHA noted that 50 to 70 percent of heat exposure-related illnesses or injuries “occur in the first few days of working in warm or hot environments because the body needs to build a tolerance to the heat gradually over time.”

In addition, OSHA noted that roofing workers are some of the most at-risk construction workers when it comes to heat-related illnesses and injuries. Specifically, thousands of roofers become seriously sick each year due to occupational heat exposure, another OSHA study stated.

What’s the best way to prevent heat illness?

The best way to avoid heat illness while working at a construction site is to stay properly hydrated throughout the day. This means drinking water regularly. Construction workers should drink 5 to 7 ounces of fluids every 15 to 20 minutes, OSHA recommends.

In addition, employers need to make sure that construction workers have access to water at all times on the job. Employers also need to make sure that construction workers have the time to take short breaks in order to regularly drink water.

Construction workers and employers should also be aware of the warning signs of heat exhaustion or other heat-related illnesses:

  • Dizziness or lightheadedness
  • Throbbing headache
  • Bright red skin
  • Vomiting and nausea
  • Muscle cramps
  • Disorientation or confusion

Construction workers and construction companies need to take warning signs very seriously. Otherwise, workers can get very sick or ill due to heat exhaustion, dehydration, and other heat-related illnesses.

How can a lawyer help?

You might think you don’t need an attorney if you sustained a heat-related injury or illness while working at a construction site. Many cases often turn out to be complicated legal matters, however. Sometimes, it’s because the construction company denies doing anything wrong. Other times, the construction company’s insurance company can make things difficult and deny your injury claim.

Construction accident attorney Deborah G. Kohl and her talented legal team at the Law Offices of Deborah G. Kohl know how to deal with these types of cases. Our familiarity with them comes from years of working with construction workers injured on the job in Massachusetts and Rhode Island. You may be entitled to financial compensation in the form of workers’ compensation benefits or additional money, especially if the construction company you work for failed to take preventative steps to protect your health and safety.

Learn more about your legal rights if you or a loved one sustained a serious injury or illness due to heat exposure at a construction site. Contact our law firm and schedule your free case evaluation at one of our three office locations in Massachusetts and Rhode Island.

Unsafe working conditions result in fatal workplace accident

notebook on a bright green background with office stationery accessories

Our attorneys explain what you need to know

Two Veterans Affairs hospital employees who were killed while on the job died due to unsafe working conditions that could have been prevented, according to a recent federal investigation.

The fatal work accident occurred in November 2020 in West Haven, Connecticut, according to the Hartford Courant. A recent investigation conducted by the Occupational Safety and Health Administration (OSHA) revealed the incident occurred due to hot steam rapidly releasing onto the two workers. Three other workers were injured in the accident, and the OSHA investigation discovered nine safety violations, including a lack of safety measures that could have prevented the hot steam accident.

Worst of all, such accidents are not isolated incidences. Thousands of people are killed and injured each year around the country in workplace accidents.

How common are workplace accidents?

Despite efforts to improve workplace safety, accidents in the workplace remain common and result in thousands of fatalities and injuries every year. In 2019, there were 2.8 million workplace accidents nationwide, according to statistics compiled by the U.S. Bureau of Labor Statistics. Such accidents resulted in 888,200 injuries, including 295,180 muscle sprains, strains or tears, along with 136,190 back injuries.

As for workplace fatalities, they reached a 12-year high in 2019. That year, there were 5,333 workplace fatalities, according to the Bureau of Labor Statistics. That figure is the highest number since 2007 when there were 5,657 workplace fatalities.

As for where the workplace fatalities took place in 2019, Massachusetts had 86 workplace fatalities and Rhode Island had 10 fatalities. The state with the most workplace fatalities in 2019 was Texas, where 608 workers died in work-related accidents.

What are the common causes of these accidents?

While workplace accidents happen for many different reasons, certain situations often result in more workplace accidents than others. The most common cause of workplace fatalities are road-related accidents in which employees are driving for work-related purposes. In 2019, for example, 1,270 work-related fatalities occurred due to roadway incidents.

Slip, trip and fall accidents are another common cause of workplace injuries and fatalities. In 2019, a total of 244,000 injuries and 880 fatalities occurred due to slip and fall accidents at work.

Other common causes of fatal workplace accidents include coming into contact with another object or workplace equipment (which resulted in 732 workplace fatalities nationwide in 2019) and exposure to harmful or dangerous substances (642 fatalities in 2019), according to the U.S. Bureau of Labor Statistics.

How can a lawyer help me?

You might think you don’t need an attorney if OSHA or another state or federal agency is investigating your workplace accident. State or federal investigators are focused on determining the cause of your accident, however, not whether you’re fairly compensated for your injury-related expenses. In addition, your employer, their insurance company, and their attorneys are often doing everything they can to pay you as little as possible or deny your injury claim.

Workplace accident attorney Deborah G. Kohl and her talented legal team at the Law Offices of Deborah G. Kohl have years of experience handling these types of cases. As a result, we’re familiar with the state and federal rules and regulations governing workplace safety. We know how to investigate workplace accidents and find evidence in support of your claim. Whether it’s reviewing inspection reports or accident records, we work tirelessly to build the strongest possible legal case. Learn more about how our law firm can help you with your workplace accident. Contact us and schedule your free case evaluation at one of our office locations in Massachusetts and Rhode Island.

More workers are testing positive for marijuana — here’s why

An industrial warehouse employee smoking marijuana

As more and more states legalize recreational marijuana, businesses are becoming more comfortable hiring and keeping workers who are regular cannabis users. In states where marijuana is legal, many companies have stopped testing for weed when they drug test new hires.

In a recent The Wall Street Journal article, business owners said that they do not want to turn away talent just because that person may have smoked marijuana over the weekend.

Also, they noted, marijuana drug tests don’t provide detailed data. Someone who smoked marijuana a month beforehand could still test positive for cannabis. Meanwhile, over the last 5 years, the number of U.S. workers testing positive for marijuana has grown steadily.

Lenient attitudes about its use and easy access to marijuana contribute to a riskier work environment for everyone.

Employees that tested positive for marijuana had 55% more industrial accidents than those who tested negative, according to the National Safety Council.

Marijuana dulls people’s motor skills, slows their reaction time, and messes up their short-term memory. A co-worker trying to do their job under any of these conditions increases the likelihood of a workplace accident.

Your right to a safe workplace

Employers have a responsibility to their employees to provide them with a safe work environment.

As a workers’ compensation firm, the Law Offices of Deborah G. Kohl has been hearing from a lot of employees who have been hurt due to the reckless actions of impaired coworkers.

The facts back up what we’re seeing in our local offices in Fall River, Foxborough, and Providence, Rhode Island. Quest Diagnostics, Inc., one of the largest drug-testing labs in the nation, recently reported that of the 7 million drug tests they ran in 2020, about 2.7% came back positive for marijuana. This is up from 2% in 2016.

Going by the numbers alone, there are most likely more people at your work who are high, or possibly muddling through a marijuana hangover, than ever before. Can companies maintain safety standards and allow for marijuana use?

Why some companies stopped testing for marijuana

Now that marijuana is legal in 17 states, and many more have medical cannabis programs, some employers in these and neighboring states have loosened their drug testing policies.

In Massachusetts, marijuana is legal for adult recreational use. In Rhode Island, marijuana is decriminalized and there is a medical marijuana program. Attempts to legalize marijuana in this session — which wraps up at the end of June — seem to have stalled.

Businesses typically drug test employees when they are new hires, as part of random testing programs, or after a workplace accident or suspicion of drug use. Even though marijuana is legal, companies would still be in their right to test for it — they often test for alcohol. The difference between the alcohol and marijuana tests, though, is reliability.

There are currently no fool-proof breath, urine, or blood tests readily available for marijuana that can tell an employer when an employee last used it. Someone who has a positive urine test may have smoked marijuana anywhere between weeks and hours ago. This has made it challenging for companies to enforce anti-drug policies.

Some businesses have stopped testing for marijuana altogether, while others have stopped figuring it into hiring decisions.

Other companies have dropped marijuana tests in an effort to be more attractive employers. The hospitality and restaurant industry, in particular, decided to make room for marijuana. About 6.3% of workers in this industry had tested positive for marijuana in 2020 — the highest rate out of any other business sector.

The difficulty some businesses are having in attracting employees post-pandemic may further encourage companies to drop marijuana testing.

Marijuana increases the risk of work accidents

Not all employers, however, are so mellow about marijuana. In industries where heavy equipment is used, like construction and transportation, many employers are maintaining strict anti-marijuana drug policies.

This effort shouldn’t be restricted to big rigs and building, though. An impaired worker can cause a careless accident in a restaurant just as easily as they can in a warehouse.

Employees who test positive for marijuana had 85% more injuries and 75% greater absenteeism compared to those who tested negative, the NCS said. They’re also less productive and cause more accidents.

Strong anti-drug policies

Just because it is difficult to pinpoint when someone last used marijuana — possibly on the job, right before going into work, or suffering a weed hangover — does not mean employers should stop testing for it. Strong zero-tolerance workplace drug policies lead to safer jobs.

A good drug policy should include manager education, access to support for employees with drug problems, clearly defined use and possession parameters, established rules for post-accident testing, and rules on how you will handle an employee’s conviction or arrest. The policy has to be clearly written to reduce the risk of legal challenges.

Personal attention for injured workers

People who work high pose risks to their fellow co-workers. Employers should not tolerate marijuana use at work and educate workers about the dangers of using marijuana while on the clock — or right before getting to work.

If you were injured while on the job, you have the right to pursue workers’ compensation benefits to cover the cost of your medical expenses and your lost wages.

Depending on the specific details of your case, you may also be eligible to file a third-party injury claim. The key is talking to an attorney as soon as possible to figure out all your available options.

For workers’ compensation cases, not understanding how to navigate the system and missing an important deadline may result in your claim being denied.

With so much on the line, people injured on the job should consult with an experienced workers’ compensation lawyer who knows how to fight for the benefits you’re entitled to.

At the Law Offices of Deborah G. Kohl, we know the workers’ compensation system inside and out. We have been helping injured workers in Massachusetts and Rhode Island for years, and we would be honored to help you get back on your feet.

If you or someone you love was recently injured on the job, contact our law firm for a free case consultation. We will talk with you about the details of your injury and help you weigh your legal options.

Call or email us today to learn more about your rights.

Leading causes of broken bones in the workplace

Man in a blue shirt holds his broken wrist with his other hand.

Every year, fractures (broken bones) account for tens of thousands of work injuries across the United States, according to the Bureau of Labor Statistics. Certain fields such as construction are particularly at risk, but a fracture can occur at any time in any workplace, especially among older workers.

Employers are responsible for maintaining safe premises and protecting their workers from the risk of fractures. That’s why it’s so important to know the causes of broken bones:

  • Falls: even a slip or trip and fall can result in a fracture, though the more dangerous falls are from ladders or other elevated surfaces. Employers need to maintain their workspace to prevent falls and provide personal protective equipment to limit the risk of serious injury.
  • Struck by/against accidents: when a worker is hit by a falling object or slammed into a hard object with force, bones can experience significant trauma.
  • Machinery accidents: some types of machinery can crush hands or feet that are caught in them, or twist a limb with such force that bones are broken.
  • Work-related car accidents: depending on how the crash happens, a motor vehicle accident can break nearly any bone in the body. Workers may break their arms when bracing for impact or their legs when the cab of a vehicle crumples around them.
  • Repetitive motion injuries: the vibration of certain power tools can cause stress fractures in the hands and wrists over time.

Other types of incidents, such as workplace violence, can also occasionally result in broken bones. Regardless of the cause, a fracture is a significant injury that requires immediate medical attention — and will have a significant effect on the worker’s ability to do their job.

The high cost of a fracture at work

Simple fractures can be treated with a cast or splint to hold the bone in place while it heals, but more serious breaks may require more invasive treatment. An orthopedic surgeon may have to operate on the broken bone to put it back together and insert metal screws or plates to hold it in place, with follow-up surgery required months or years later to take the hardware back out. Certain types of breaks may require traction, a process where weights are used to slowly realign the bones. Patients in traction may be bedridden for several weeks or more. Moreover, because broken bones have to be immobilized while they heal, physical therapy is often needed to regain the full range of motion and strength of an affected limb. During the recovery period, the injured worker may need to use assistive technologies such as crutches or a wheelchair to get around, depending on which bone is broken.

Depending on which bone is broken and the nature of the injured worker’s job, a broken bone may require weeks or months away from work. A worker who can perform some but not all of their responsibilities while a bone heals may have to take on a “light duty” role with less pay. Depending on the type of break, there may be permanent damage that will have long-term effects on the injured worker’s career.

An experienced workers’ compensation lawyer can protect your rights

Workers’ compensation pays for a percentage of your lost wages if you are unable to work due to an injury, plus the full cost of all reasonable and necessary medical treatment for the injury — surgery, pain medication, medical devices, physical therapy, and so on. If you are able to return to work on “light duty” with fewer hours or less pay, workers’ comp likewise pays a percentage of the difference between your new wage and your pre-injury wage. However, navigating the system can be a complex and difficult process with potentially thousands of dollars at stake. You don’t have to deal with the workers’ compensation system alone. Contact the Law Offices of Deborah G. Kohl today for a free consultation.

Protecting workers from traumatic brain injuries

Yellow, white, orange, and blue hard hats in a row.

Employers must take responsibility for employee safety

A traumatic brain injury (TBI) can change a victim’s life forever, and unfortunately, too many of these permanent injuries happen at work. Every employer in every industry needs to be mindful of the risk of TBI and take proactive measures to protect employees. Here are a few reasonable steps employers should take to minimize the risk of TBI.

Fall prevention

Falls are the leading cause of traumatic brain injury and account for nearly half of TBI-related emergency room visits. The risk is higher in jobs where workers are frequently up on ladders or other elevated surfaces, such as construction, but falls can and do happen in any workplace.

Employers need to take fall prevention seriously by maintaining the physical workspace to minimize hazards. Trip hazards must be repaired, railings must be maintained, and spills must be cleaned up promptly to reduce the risk of a slip and fall. Any unavoidable hazards should be clearly marked, such as with a wet floor sign. Lighting, too, plays a role in trip and fall accidents, especially among older workers who may have declining eyesight.

In workplaces with particular fall risks, employers need to ensure that workers use personal protective equipment (PPE) to both prevent falls and protect the head and brain in the event of a fall. Harnesses, guardrails, lifelines, and footwear with adequate traction all play a role in preventing falls, and protective gear such as hardhats can minimize the injury to the brain if a fall does happen. In outdoor environments, employers also need to be mindful of the weather and provide appropriate gear for the conditions.

Struck by objects

Being struck by or against an object can cause the head to experience significant blunt trauma, which in turn causes brain injury. Protective gear such as hardhats can mitigate the risk in dangerous work environments, though it needs to be properly maintained to work. Properly maintaining the work environment itself to stop objects from falling on workers is also a critical preventive measure. Employers need to be mindful of the conditions, make sure tools and objects are cleaned up promptly, and train employees and supervisors on awareness and safety.

Work-related car accidents

During a car crash, it’s common for an occupant’s head to strike a window, windshield, chair, or another object on the interior of the car. Sometimes, car accidents can cause concussions even without direct trauma to the head; if the head moves forward and back with sufficient speed, the brain can hit the inside of the skull, causing damage.

While employers cannot control other motorists’ actions on public roads, there is a great deal they can do to reduce the risk of a work-related car crash on their employees’ side. Company vehicles need to be properly maintained to address mechanical issues that could cause a crash. When planning work-related travel by car, employers need to ensure their employees are well-rested and sober and make sure sufficient time is given for the trip so the driver isn’t under pressure to speed. They also need to take weather into account — avoid sending out employees on non-essential errands when it’s snowing, for instance. Finally, employers need to create and enforce an organization-wide distracted driving policy.

Responding appropriately to a concussion at work

If a worker has a suspected or confirmed concussion, the employer needs to put safety first. Injured workers need to get an immediate medical evaluation in order to confirm the diagnosis. Managers need to set a clear expectation that injuries should be reported immediately and encourage workers to get medical care. Just as importantly, the employer needs to follow the worker’s doctor’s instructions and make reasonable accommodations at work or provide time off to avoid the risk of reinjury. A second concussion before a previous concussion has healed can lead to second impact syndrome, a potentially fatal complication.

If you hit your head at work, you need to do three things right away: report the injury to your employer, get medical attention, and contact us. The long-term cost of a work-related brain injury can be substantial, and you need an experienced attorney on your side to help you navigate the workers’ compensation system. Schedule your free consultation with The Law Offices of Deborah G. Kohl today.

OSHA cuts down on inspections during COVID crisis

Working wearing a disposable face mask

Amid the COVID pandemic, OSHA significantly reduced the number of workplace safety inspections it performed – a move that likely contributed to thousands of infections and more than 150 worker deaths, according to a new analysis.

In 2020, the Occupational Safety and Health Administration (OSHA) investigated 12% of the worker complaints it received, according to The Wall Street Journal. Meanwhile, the agency investigated 32% of cases the prior year.

Less oversight put workers at risk

Right now, it’s particularly important for employees to watch out for their own on-the-job health and welfare because fewer safety inspections are being done. The Wall Street Journal’s investigation into OSHA’s pandemic response revealed serious shortcomings.

In a review of 5 states and federal nursing home statistics, the WSJ found 6,000 workers who had been infected by the coronavirus after filing a complaint with OSHA.

They also found that 180 employees died of COVID-19 within four weeks of a complaint being filed with the agency.

This begs the question: If OSHA had been better at enforcing standards to protect workers from being infected with the virus in the workplace, could any of these illnesses or deaths have been prevented?

Work-related infections

At least 180 people died after a COVID-related workplace complaint was filed. The WSJ article notes the deaths occurred at least four weeks after OSHA agencies received complaints and OSHA’s investigation didn’t go beyond corresponding with employers.

James Frederick, the acting head of OSHA, has since said that the agency is working with the Inspector General’s Office to improve how workers are protected from COVID-19 exposure. He also noted that OSHA has fewer inspectors now than it did in 2020 when there were about 940 of them. Now, OSHA only has about 890.

Protect your health, and your rights

When employers fail to provide their workers with a safe environment, the consequences can be severe. The resulting injuries or illnesses often qualify for a workers’ compensation or wrongful death claim.

The pandemic has exposed weaknesses in OSHA’s ability to protect employees from workplace hazards.

People who are injured or become ill due to their work environments often feel like they have nowhere to turn for help. Filing a complaint against your employer – the source of your income – can seem like too much of a risk.

Pursuing workers’ compensation benefits can also prove to be a tall task, as claims involving COVID-19 are often hard to prove and highly contested.

If you or a loved one has been injured in a workplace accident or developed a work-related illness, an attorney can explain your legal rights and help you explore your options.

For more than 35 years, the Law Office of Deborah G. Kohl has fought for and protected the rights of injured workers. See what our law firm can do for you and contact us today for a free case evaluation. Our offices are located in Fall River and Foxborough, Massachusetts, as well as Providence, Rhode Island.

Analyzing OSHA’s top 10 violations of 2020

An injured construction worker holding his arm

The biggest risk to worker safety hasn’t changed in 10 years

For the 10th year in a row, fall protection is the top violation cited by the National Safety Council and the Occupational Safety and Health Administration (OSHA).

The NSC and OSHA recently released the annual list of top 10 violations OSHA inspectors detected for the year. These are the kind of violations that can lead to an accident and ultimately a workers’ compensation claim. As is the case in most years, the top 10 violations haven’t changed much, though their ranks on the list may have switched.

One thing that hasn’t changed, however, is how poorly some employers protect their workers from being seriously injured by falls. Nationwide, OSHA issued more than 5,400 citations to employers who failed to meet general fall prevention requirements in 2020.

Let’s take a look at the rest of the list…

Top 10 workplace safety violations

While failure to meet fall protection general requirements was the violation most cited, OSHA also discovered thousands of other violations in 2020, according to preliminary data.

The remainder of the top 10 most cited violations by OSHA are:

  • Hazard communication – 3,199 violations
  • Respiratory protection – 2,649
  • Scaffolding – 2,538
  • Ladders – 2,129
  • Lockout/tagout – 2,065
  • Powered industrial trucks – 1,932
  • Fall protection – training requirements – 1,621
  • Personal protective and life-saving equipment – Eye and face protection – 1,369
  • Machine guarding – 1,313

According to OSHA, in 2020, there were significantly more violations concerning ladders and respiratory protection than in the previous year.

An unsafe workplace can result in serious injury

OSHA violations can result in a wide range of workplace injuries, including injuries to the back and neck, repetitive stress injuries, carpal tunnel syndrome, heart attacks, toxic exposure, burns, electrocution, traumatic brain injuries, amputation, spinal cord damage, loss of hearing or sight, and longshoreman-type injuries.

Workplace OSHA violations are not to be taken lightly by employers or employees, as highlighted by one recent case.

In Massachusetts, a tax preparation business was recently fined more than $136,000 and cited for allegedly refusing to provide and practice COVID-19 safeguards for employees. OSHA claims the Lynn-based business owner refused to let her customers or employees wear face masks to prevent disease transmission, among other violations.

When you’re hurt on the job, hire a workers’ comp lawyer

Rarely do accident victims have a second opportunity to get the compensation they need to reclaim their livelihoods after being hurt at work. You need to get it right the first time.

At the Law Offices of Deborah G. Kohl, we proudly represent Massachusetts and Rhode Island workers who need help navigating the confusing workers’ compensation system and securing the benefits they’re entitled to.

Find out how we can help you and let us review the details of your case. We have offices conveniently located in Fall River and Foxborough, Massachusetts, as well as Providence, Rhode Island.

Contact us today for a free consultation.

The dangers of construction work

A male construction worker doing work up high

The recent deaths of three construction workers highlight the everyday risk of working in a sector where industrial accidents are far too common.

Construction workers represented 1 out of every 5 private industry workplace-related deaths in 2019. This means that of the 5,333 people who died on the job, more than 1,060 were construction workers, according to the U.S. Occupational Health and Safety Administration (OSHA).

Working in construction is one of the top 25 most-deadly jobs in the U.S., and New Englanders were recently reminded of this most tragically.

In March, a Connecticut construction worker was killed in Cambridge when a parking garage stairwell collapsed on him. In February, two people working at a construction site in downtown Boston died after being struck by a truck.

Working construction comes with risk

Every day, construction workers face a multitude of serious risks including falls from heights, exposure to toxins, welding mishaps, crane accidents, tunnel worker silicosis, work-related car accidents, electrocution, asbestos exposure, and getting hit by falling objects.

The most common type of workplace danger for construction workers is accidental contact with equipment, falls, slips and trips, and overexertion of the body, according to the National Safety Council (NSC).

The most common injuries contractors suffer are sprains, strains, tears, soreness, fractures, cuts, punctures, and contusions.

When industrial accidents are fatal to construction workers, the tragic event most likely involved a mode of transportation, harmful substances, or accidental contact with an object or equipment. Construction workers most likely to be injured, fatally or non-fatally, are those who work on extraction, the NSC said.

What happens to injured construction workers?

Construction workers who are injured on the job or come down with a work-related illness that results in at least five days of missed work time may file for workers’ compensation benefits.

When a significant injury happens, the employer is tasked with reporting it to the state, their insurance company, and the injured worker. Once the insurance company receives the claim they have a set amount of time to investigate it and determine whether or not workers’ compensation benefits will be awarded.

Get the help you need from a law firm focused on service

About half of all workers’ compensation claims are denied, according to the Massachusetts Department of Industrial Accidents (DIA).

If your claim was denied, it’s time to get a lawyer – advice with which even the Massachusetts government agrees.

“If your claim is disputed, it is strongly advised that you seek legal counsel to protect your rights and interests, due to the complexity of the workers’ compensation law,” the DIA says in its injured workers guide to workers’ compensation benefits. The law requires that the insurer pay the attorney’s fee if you win your case.

“You may represent yourself for any proceedings before the DIA. This is not recommended in most cases,” the DIA said.

If you or a family member has been significantly injured on the job, it is important to contact a lawyer to learn more about your rights. You may be entitled to receive benefits for all your reasonable and necessary medical costs, as well as wage benefits.

For more than 30 years, the Law Offices of Deborah G. Kohl (DGK) has helped thousands of injured clients in Massachusetts and Rhode Island get the workers’ compensation benefits they deserve. It’s important to have a tough lawyer who won’t back down when insurance companies attempt to lowball recovery awards or flat out deny legitimate workers’ compensation claims.

The lawyers at DGK are dedicated to winning workers’ compensation cases because each member of the team has, at one time or another, had a loved one on workers’ compensation. Our attorneys understand state labor laws and how necessary workers’ compensation benefits are when a family is reeling from a traumatic workplace injury or death.

The Law Offices of Deborah G. Kohl has locations in Fall River and Foxborough, Massachusetts, as well as Providence, Rhode Island.

If you’re ready to file a claim, have questions, or need to file a workers’ compensation appeal, contact us today for a free case evaluation.