The boy was optimistic. He thought he had just suffered from whiplash, a minor neck and spinal cord injury. Anticipating a short recovery time, the teen expressed his desire to get back on the football field to his doctors.
]]> The injury was far more serious than he could have anticipated, though. Doctors told him that he had sustained a severe injury to his C-4 vertebrae, a break that happened less than two millimeters away from his spinal cord. He would have died had his spinal cord been severed, and he could have ended up paralyzed if the injury had been any worse.The boy underwent three surgeries at Boston Children's Hospital after the accident. Upon waking in the recovery ward, he asked the question typical of many athletes: Will I ever play again? The star cornerback said that sports were the most important part of his life, and he had feared being forbidden from athletic activities for the rest of his days. Soon, his physicians told him that rejoining the team as a cornerback might end in his death, and they prohibited him from taking the field.
The high-impact nature of football makes the possibility of injury very high for any player. In this young man's situation, one wrong move could end in permanent paralysis. Fortunately, he was not prohibited from all athletic activities.
The doctors cleared him to play lacrosse, his secondary sport. He was required to wear an upper-body brace to protect his cervical spine. The boy has never given up, despite his doctor's rather dim prognosis. He hopes to play in college, despite his setbacks.
The teenage driver of the vehicle the boy was riding in was cited for speeding and other violations after the accident occurred. A moment of carelessness could have completely altered this 16-year-old boy's life. The risks the driver took that day were not worth the trouble that followed. Thankfully, the young man is on a quick path to recovery, but he could still be playing football today had the driver used better judgment.
Source: Boston.com, "Broken neck doesn't deter Mass. High school player," Christopher Smith, May 6, 2012.
]]>A 25-year-old man who died in a construction accident last year was honored along with 56 other workers during a ceremony at the State House in Boston. The man died when he fell from the top story of a three-floor family home where he was doing roofing work.
]]> His family has been the subject of an inordinate amount of tragedy as the worker's aunt and young cousin were found murdered just days before he plummeted to his death. All three victims lived in the same neighborhood, so a memorial service was held for all three individuals.Workers Memorial Day also marks the release of the annual report detailing workplace fatalities and injuries throughout the state. That report, called "Dying for Work in Massachusetts: The Loss of Life and Limb in Massachusetts," is sponsored by the state's Coalition for Occupational Safety and Health.
In addition to a reading of the fallen employees' names, the event featured speeches from safety experts, family members and community leaders, among other experts. Sponsors include labor unions such as the AFL-CIO, as well as a variety of safety organizations, including the Greater Boston Labor Council.
The hope is that this type of event will inspire employers to review and revise their safety procedures to fulfill their duty to protect their employees. No worker should have to feel as though they are not adequately guarded against the everyday risks associated with their job.
Construction workers, especially roofing crews, are exposed to a wide variety of risks on their jobs. Even if employers fail to enforce one safety mandate, they are exposing their employees to unnecessary harm. In the instance that a worker is injured or killed due to the negligence of their employer, it is important to make a careful assessment of what kind of legal recourse may be available.
Source: The Enterprise, "Brockton roofer killed on the job to be honored at State House ceremony," Maria Papadopoulas, April 24, 2012.
]]>As always, falls are a leading cause of worker fatalities -- representing over 20% in 2011.
Motor vehicle related events -- crashes or struck pedestrians -- caused twelve occupational fatalities.
Ten firefighters died from work-related cancer and heart disease.
Six deaths were attributed to workplace violence.
We continue to believe that all or most workplace fatalities can be prevented by increased employer safety awareness, and a commitment to worker safety as a first priority.
]]>The accident happened last summer when a semi-truck driver lost control of the tractor-trailer, causing a nearly 9-ton backhoe to fall off the back of the vehicle. The backhoe struck the minivan that the woman was driving, causing her to lose control and plummet down an embankment. The accident killed her mother, broke the woman's back and injured her children.
]]> Court documents suggest that the woman is suing because the trucking company failed to adequately secure the backhoe to the bed of the truck's trailer. The company had changed the size of its fleet vehicles from a robust 10-wheeled service truck to a smaller six-wheeled variety. Those trucks did not possess adequate power for hauling the large backhoe, according to the suit, which is why the accident happened.At one point, a company official had sent out an informal memorandum requesting drivers only use the six-wheeled trucks to move lighter equipment. On the day of the accident, though, the construction foreman was instructed to use the smaller vehicle to transport the backhoe. According to company representatives, the small trucks were removed from service the day after the crash.
The company's decision proved fatal for the elderly woman riding in the van and shows a blatant disregard for public safety, according to the family's legal representatives. By allowing the vehicle to traverse busy roads that afternoon, the trucking company made a severe, willful error in judgment, so the company is being held accountable.
It is the responsibility of management to ensure that their fleet is road ready and is equipped to adequately handle potentially dangerous situations. In this case, it appears as though there was a complete failure to take the right precautions.
The woman who was driving the ill-fated minivan refers to the incident as the "horror that will never leave us."
Source: Boston Globe, "National Grid sued over fatal highway accident," Denise Lavoie, April 18, 2012
]]>The teen was working as a lifeguard at the Island Grove Pond in Abington when he hit his head on the bottom of the body of water. The impact shattered his C4 vertebra and broke his C5, causing trauma to his spinal cord.
]]> The young man recalls diving into the water, hearing a cracking noise, and suddenly being unable to move. He was hospitalized in Massachusetts for several days before he was stable enough for transport to the Shepherd Center in Atlanta, a facility that specializes in complicated spinal cord treatments.Despite bleak diagnoses, the young man has managed to stay positive, even during his four-month stint in the hospital. His family members remained dedicated to his treatment, as well, with his mother and brother visiting frequently and his father staying by his bedside every weekend when he wasn't working.
He says that the most difficult part of his recovery has been the impact that his injury has had on his family members, including his 15 and 17-year-old brothers. The older of the two brothers had been working at the pond at the time of the accident and he called their parents to inform them about the tragedy. The injured teen has stayed involved in his brothers' lives, though, by providing coaching assistance for their sports teams.
Though the circumstances of the diving incident aren't exactly clear, he may have dove in the water to fulfill his duty as a lifeguard. In the case that someone is injured on the job, they may be entitled to some kind of workers' compensation benefit to cover lost wages and help defray the costs of medical expenses, which are likely to be quite costly. Furthermore, the injury may affect the teen's ability to hold down a job until his recovery progresses.
Source: Enterprise News, "Nick Malafronte fights paralysis with determination," Erin Shannon, April 8, 2012
]]>Although Massachusetts Governor Deval Patrick has indicated that he vehemently opposes the bill, supporters say that the measure could provide important legal protection for Good Samaritans who come to the aid of others while in public places. Advocates cite a 2009 case in which an off-duty security guard shot and killed a psychiatric patient who was stabbing a doctor in Boston. The doctor would probably have died had the guard not acted, according to the courts. He was exonerated from criminal charges, but the man still faced civil sanctions from the shooting victim's family.
]]> Some lawmakers say that the use of deadly force, if warranted, should not be punished by any legal sanctions, whether civil or criminal. Current law requires Massachusetts residents to attempt to retreat from an attacker rather than retaliating.Opponents of the measure say that the proposed rules could lead to a vigilante mentality, as the bill could lead to a "shoot first and ask questions later" attitude. Critics also say that current Massachusetts law provides adequate protection for residents, and changes to existing statutes are not necessary. Some officials even think that the bill shows overt racism, especially when considered in the context of the recent shooting death of 14-year old Trayvon Martin, a young African-American man, by a neighborhood patrolman in Florida.
The bill's provisions would allow Massachusetts residents to use deadly force against another person in a public place, provided that they reasonably believed that an assailant was about to injure or kill themselves or someone else. The law would also remove the requirement for retreat, which would essentially negate any wrongful death claims in civil court. This could have tremendous impact on the family of those killed in such circumstances.
The bill is under consideration by the Joint Committee on Judiciary, but it is not expected to pass.
Source: Boston Globe, "Mass. Gov. Patrick: No to 'stand your ground' bill," Steve LeBlanc, March 29, 2012
]]>The accident happened in the fall of 2010 when the convicted man drove through a road construction site, striking and killing a Massachusetts Department of Transportation worker. The victim, age 58, was an engineer working on a highway project. The driver first contended that his passenger was driving his car at the time of the accident, but an investigation proved otherwise. The driver decided to plead guilty to the charges, which prevented a jury trial.
]]> Prosecutors had initially pursued as many as 12 years of imprisonment for the vehicular homicide charges, though sentencing guidelines generally call for only four to six years. The man will instead serve eight years, serving a concurrent sentence for leaving the scene of an accident causing death. Prosecutors called the man's driving behavior astoundingly negligent, saying that the victim's family had to pay a huge price for the man's indiscretions.The man was reportedly remorseful during the sentencing hearing, apologizing to the victim's family. The area District Attorney said that justice had been served in the case; and that the court took appropriate measures to punish the man for reckless driving and attempting to evade capture.
Many construction accidents occur due to problems with equipment or inadequate safety precautions observed at work sites. Unfortunately, construction workers, whether working on roads or roofs, are exposed to dangers on the job. The man that was struck and killed on the Massachusetts road was only doing his job and paid the ultimate price at the hands of a grossly irresponsible driver.
In the wake of the criminal conviction, the victim's family may find the need to seek some form of monetary compensation in order to adjust to their lives without the man. Fortunately, there may be options to pursue a claim against the assailant in civil court or claim workers' compensation survivor's benefits.
Source: Metro West Daily News, "Man pleads guilty in fatal Rte. 9 crash; to be sentenced today," Norman Miller, March 27, 2012
]]>After falling victim to a severe spinal cord injury in 2009, a young man was left paralyzed from the neck down. His doctors have encouraged him to undergo intense "locomotor" therapy, which allows his muscles to gain and maintain strength, should there be a breakthrough in treating paralysis. With the help of physical therapists and electrical stimulation of muscles, he goes through frequent, tiring therapy sessions. Now, the young man has hope that he will be a strong candidate to receive new treatments as they come along.
]]> Additionally, some medical professionals now believe that this type of therapy can actually lead to some recovery itself. The idea is that exercise and muscle stimulation can trigger nerves to signal the spinal cord to begin repairing itself. By undergoing intense physical rehabilitation, some patients have seen varying levels of recovery in cases that would have normally been dismissed not so many years ago.Though there is great hope in the medical community that innovations will be made in how spinal cord injuries are treated, those living with spinal cord injuries have undoubtedly experienced a change in their quality of life and often deal with large medical bills. Those who have sustained a spinal cord or back injury in due to the negligence of another party may benefit from understanding all of the implications of their injury. As such, there may be an opportunity to seek compensation for their injury to help make adjustments to medical expenses and lifestyle changes.
Source: Scripps News, "New treatments give spinal injury patients hope," Jeremy Olson, March 22, 2012
]]>As the brawl broke out at the nightclub last month, police were called on to the scene to control the violence. However, officers were impeded by unsafe property conditions. Police were attempting to break-up the fighting and clear out over 200 patrons at the club. As they were trying to do this, police discovered that multiple exits were blocked or padlocked shut. These conditions made it incredibly difficult for police to enter and evacuate the innocent bystanders. Three police officers were injured in the course of the operation, which may have been prevented if the premises were properly maintained.
]]> Shortly after the incident, the city shut down the establishment for failing to maintain adequate "working means of egress." The club was also cited for allowing the maximum occupancy of the building to be exceeded by about 100 people on the night of the incident. The club has not yet been reopened.In more than one way, the club's ownership and management exposed patrons to significant danger. Thankfully police were able to control the situation and minimize the number of injuries sustained, but hundreds of innocent bystanders were exposed to danger because the property was improperly maintained. Furthermore, if a fire had erupted while 200 people were in the establishment, it would have been very difficult for everyone to evacuate. Failing to provide adequate means for people to exit a building poses far bigger risks than those associated with a bar fight.
An evening of merriment should not be hampered by concerns of dangerous property conditions. Business owners have a duty to make sure that they make their establishment as safe as possible for all of their guests. Fortunately, local safety officials are doing their best to protect patrons against the negligence of property owners.
Source: The Lowell Sun, "Lowell police chief files complaints against 2 downtown bars," Lyle Moran, March 6, 2012
]]>A recent Massachusetts construction site accident raises concerns about the threat of head injuries for workers. The man and his fellow construction crew members were working in a gutted home when the man suffered a head injury. The 44-year-old man told his co-workers that he was "struck in the head by a drill handle." Eventually, he developed blurred vision and passed out nearly an hour after the incident occurred. Fifteen minutes later, the man's co-workers decided to call emergency service professionals to report the accident. The man was air-lifted to a hospital in Boston to receive treatment.
]]> Reports at the time of the accident did not indicate the exact circumstances of the construction worker's head injury. Though the man insisted he wanted to continue working and eventually passed out, his fellow workers waited a while to call rescue workers after he lost consciousness. Hopefully his injuries will not lead to permanent brain injuries.Construction workers should be provided with any necessary safety equipment, such as hardhats, if they are working with potentially dangerous equipment. Safety should always be the chief priority for employers. The long-term consequences of brain injuries are too worrisome to even consider taking safety shortcuts.
In addition to any personal injury claims that could be filed due to the negligence of a party connected to an accident, construction workers injured on the job may be able to receive workers' compensation benefits. Anytime someone is seriously injured at work, they lose wages in their absence and may lose their ability to work in the future. Workers' compensation payments can help individuals to support their family in the difficult times that follow an injury.
Source: Gloucester Times, "Gloucester Police/Fire: Man airlifted after construction accident," Stephanie Bergman, Mar. 8, 2012
]]>Neighbors noticed that the girl was running for quite some time for no apparent reason, since she was not being chased. Though the situation seemed odd, many of the witnesses did not give much thought to what they saw. Police did not hear anything about the incident until the stepmother called to report the girl's seizure.
]]> Law enforcement is pursuing criminal charges against both women involved in the incident. Immediately after first responders arrived at the scene, they knew something wasn't quite right. As neighbors came forward, law enforcement learned the unfortunate details of this case.The 9-year-old girl leaves behind friends and family members that will desperately miss her. Loved ones will lose many happy years and memories they could have shared with the girl. No one expects a perfectly healthy child to die, especially under these circumstances. The two women entrusted to keep the young girl safe acted negligently by issuing a punishment that was more than excessive.
No punishment or monetary award can erase what happened in this tragic incident, but family members affected by the young girl's wrongful death may be entitled to some financial compensation. Seeking damages for the emotional pain and expenses related to the incident is another way loved ones can seek justice. Hopefully the girl's family can begin to take the first steps to begin healing from this unexpected heartbreak.
Source: The Huffington Post, "Joyce Hardin Garrard And Jessica Mae Hardin, Grandmother And Stepmother, Allegedly Forced Girl To Run To Death," Feb. 23, 2012
]]>Within the last month, 45 people were evacuated from the apartments after Boston firefighters responded to a false fire alarm. When they arrived at the site on Harrison Avenue, they raised serious concerns about the safety of the building. The substandard, dangerous conditions were a result of structural instabilities. Vital structural supports were missing from the building's basement, which prompted firefighters to prevent the individuals from returning to the property.
]]> Since the building has been evacuated, all of the tenants have been placed into permanent public housing after spending some time in emergency shelters.The Boston housing judge ordered that the couple responsible for the properties must provide a professionally-conducted report of the property's safety to city officials. Structural and fire engineers will determine what elements are making the apartment complex unsafe for habitation. Though the couple will incur significant personal expenses for the report and repairs, the judge acknowledged that the safety of residents is number one concern of landlords. City officials intend to hold the couple, and other irresponsible landlords, accountable for their negligence.
While dozens of people lived in life-threatening conditions, their landlords lived in the comfort and safety of their home. Property owners have an obligation to make sure their properties are safe and sanitary. Tenants have the right to expect that their homes will not collapse or threaten their health. No one should be subjected to the daily danger of a structurally deficient home.
Source: The Boston Globe, "Present safety reports, judge tells landlords," Zachary T. Sampson, Feb. 22, 2012
]]>The woman, now 20 years old, has been working hard to be able to walk once again. She has already made significant progress in her physical therapy sessions, but is worried that the cost of her treatment may be prohibitive. Despite the setbacks, she remains intent on her goal.
]]> Before her accident, the young woman loved to dance and attend fitness classes. Her injury has prevented her from doing the things she loves to do. In addition, the woman's catastrophic injuries have hindered her ability to work and earn a wage, which would definitely help her family cover the cost of physical therapy. In a brief moment, this young woman's life was forever changed.It is often the case that spinal cord injuries are catastrophic, and not all paralysis victims are so confident they will walk again. This type of injury has a particularly significant impact on a victim's quality of life. Many times the consequences of spinal cord injuries are not just physical. Even this particular woman, who is incredibly motivated to improve her condition, has battled with depression.
When someone's irresponsible behavior leads to a serious spinal cord injury, the victim and their family suffer tremendously. As such, they may be entitled to compensation for all of the damages incurred as a result of the other person's negligence. Though legal claims cannot change what happened, they can go a long way to help families recover from tragedy, especially when it comes to medical bills.
Though the Massachusetts woman knows she has a long road ahead, she commented, "I know I'm going to get there."
Source: Waltham News Tribune, "Waltham resident paralyzed in crash: 'I'm going to walk'," Ignacio Laguarda, Feb. 17, 2012
]]>However, not everyone is convinced that proposed changes to semi-truck regulations are a good idea. Many question the safety of allowing larger trucks on highways, because increasing truck sizes have been connected to an increase in severe truck accidents. Critics of this proposal are pushing for further investigation into the effects of the proposed changes.
]]> At one point, suggested changes pushed the semi-truck weight limit up to 97,000 pounds. That is a dramatic increase from the current 80,000 pound maximum. Over the last fifty years, regulations have been loosened, allowing semi-truck trailers to increase by nearly 20 feet in length, in addition to increased weight limits.Already many trucks on the roads aren't completely full, so increasing the size of the trailers only causes drivers to use more fuel and instigate traffic issues. One trucking company owner indicated that many of the accidents that occur in poor driving conditions are due to the large trailers semi-trucks are hauling.
Not only do critics fear that these new regulations will lead to unmitigated safety hazards, but will also destroy the roads. Many wonder how the damage, caused by heavier trucks, will be funded. Furthermore, unrepaired roads could present a danger of their own.
Many fear that bigger, heavier semi-trucks will prove to decrease the safety of all drivers on the roads. Not only is there a concern that the frequency of accidents will rise, but there could also be an increase in the severity of accidents. Heavier trucks mean that an impact carries more force, which is not a good thing for other motorists.
The top priority for transportation officials should be the safety of all drivers on the road. Some truck drivers don't even support this legislation due to the potential safety risks. When considering transportation policy changes it is vital that leaders look at all of the possible effects of changes, and not just the economic impact.
Source: KY3, "Debate over size of semi-trucks raises issues of safety, productivity, highway maintenance," Linda Russell, Feb. 8, 2012
]]>The man, originally from Brazil, was part of an unlicensed crew of contractors hired to demolish an old Massachusetts Walmart building. While the man was attempting to knock down walls, he had no idea the wiring in the wall was still connected to an electrical source. Before he knew it, his body was blistered and burned from electrocution. He died at the site.
]]> Now, the man's family has issued a $5 million suit against Walmart for their part in hiring contractors to work in unsafe conditions. This case comes as the result of Walmart's ongoing practice of hiring unlicensed electrical contractors to provide labor at a lower cost. The retail giant works with local licensed electricians to subcontract the unlicensed crews. This practice exposes workers to significant dangers, as they are not certified electricians.This case is not the first instance in which a worker was hurt as a result of Walmart's subcontracting practices. A lawyer representing the Massachusetts man's family decried the company's desire to cut costs, which led to the death of a "good and hard-working man."
Walmart representatives have denied any responsibility in the matter.
It appears as though Walmart's efforts to save cash may cost them a lot more, financially and otherwise. They failed to use adequate safety measures to protect the health of their demolition crew. A man who immigrated to the United States to improve his life died prematurely while trying to achieve his dream.
Source: The Boston Globe, "Suit raises questions about contractor safety," Megan Woolhouse, Feb. 5, 2012
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