Archive for the ‘workers’ compensation’ Category

Safety Helmets: How To Make The Right Selection

Construction helmet on a wooden table

Work-related head injuries are often the result of construction accidents. They’re typically caused by being struck by objects, falling, or accidents involving machinery. These injuries range from mild concussions to severe traumatic brain injuries. They often lead to significant medical expenses, lost work time, and long-term disability. The risk of head injuries on the job highlights the need for safety helmets that offer adequate protection.

With so many different styles, price ranges, and claims of enhanced protection, choosing the right helmet for work is no simple feat. This task is further complicated by a lack of comprehensive test data offering clear, evidence-based recommendations. However, it’s important to focus on brain protection, laceration protection, and helmet retention when making your decision.

Brain protection challenges and solutions

Historically, helmet design has somewhat neglected brain protection, particularly against rotational motion, a key factor in concussions on job sites. Helmets need to address two types of head injuries: skull fractures and brain injuries.

While a rigid outer shell and inner liner can mitigate skull fractures caused by direct impacts, they are less effective against many brain injuries. These typically result from rotational forces during impact, causing brain shearing and potentially irreversible damage.

Notably, over 60% of work-related brain injuries arise from slips and falls and same-level falls. About 90% of them don’t involve skull fractures. This highlights the distinct mechanisms affecting the brain compared to the skull. Recognizing this, sports helmets have incorporated the multi-directional impact protection system (MIPS) to dampen rotational forces. Similar technologies are now emerging in safety helmets.

Do safety helmets offer laceration protection?

Traditional helmets are primarily designed for crown impacts. However, they often fail to provide adequate laceration protection. A study from 1987 highlighted this deficiency, noting the limited effectiveness against side impacts. The ANSI standard Z89.1 addressed this by introducing the Type II designation, indicating helmets tested for lateral impacts.

Despite this, many leading brands still offer predominantly Type I protection. This highlights the need to choose ANSI Type II certified helmets for better lateral impact protection.

Do safety helmets offer retention during an impact?

A helmet’s protective capability should allow it to remain securely in place during an impact. While chin straps are crucial for this, the U.S. standard ANSI Z89.1 doesn’t mandate them but requires retention testing if included.

The European standard EN 12492 for mountaineering helmets necessitates chin straps but has less stringent lateral impact testing compared to ANSI Z89.1. Therefore, helmets with chin straps that meet or exceed ANSI Z89.1 Type II performance are advisable for optimal protection.

Choosing a safety helmet by industry

Various types of safety helmets are used in different industries to prevent workplace injuries. Here are some of the common types:

  • Standard hard hats: These are typically used in construction, mining, and manufacturing. They protect against impact from falling objects and bumps against fixed objects.
    Full-brim hard hats: These are similar to standard hard hats but with a wider brim that offers additional protection against sun, rain, and falling debris.
    Bump caps: These are lighter and more comfortable than hard hats. They’re designed for environments where workers risk hitting their heads against stationary objects rather than from falling objects.
    Safety helmets with face shields: These are used in environments where face and eye protection is necessary, such as in industrial manufacturing or certain types of construction.
    Welding helmets: These provide protection against the intense light, ultraviolet, and infrared radiation generated during welding. They also protect against hot metal and slag that can fly off during the welding process.
    Electrically insulated helmets: These helmets are made of non-conductive materials. They’re designed for electricians and other workers exposed to the risk of electrical hazards.
    Thermal helmets: These are used in environments with extreme heat or cold. They provide thermal insulation to protect the head from extreme temperatures.

Know your rights in the event of a head injury on the job

Safety helmets may reduce the likelihood of a head injury, but they’re not foolproof. If you’re a worker who has sustained a head injury on the job, you may be out of work for an extended period. You may be eligible for compensation through a workers’ compensation claim. However, simply filing a claim doesn’t mean you’ll successfully obtain the benefits you deserve.

Any errors in the application and filing process can lead to your benefits getting delayed, reduced, or denied. That’s why you need the help of the experienced Massachusetts and Rhode Island workers’ compensation attorneys at The Law Offices of Deborah G. Kohl. Our legal team can ensure your application is properly filled out and the filing process goes smoothly. Plus, we can help you get the right medical care and advocate for fair compensation on your behalf.

Contact us online or call us to find out how we can help you. We offer free consultations, and there are no obligations. Let us learn about your workplace accident, provide guidance, and answer any questions you have about your potential legal options. We have law offices in Fall River, Foxborough, and Providence.

Mastering Cold Weather: Keeping Workers Safe in Winter

Cold weather workplace injury blog

Work-related cold stress injuries can be severe.

Working outside in New England during the winter months can be dangerous, often resulting in work-related injuries due to extreme cold. That’s why it’s critical that employers take steps to keep workers safe during the winter to prevent work-related cold stress injuries.

“If there weren’t already enough hazards involved in working on a busy job site, winter weather makes a tough, physically demanding job even harder,” according to a recent Occupational Health & Safety magazine article about the dangers of working in cold weather. “Cold temperatures attack winter workers, stealing away body heat, risking their safety and productivity, and making it harder to pay attention.”

How does cold weather impact workers? What are the warning signs of work-related injuries due to extreme cold? Our workers’ compensation lawyers at the Law Offices of Deborah G. Kohl in Massachusetts and Rhode Island explain.

How common are cold-related work injuries?

Every year, workers sustain serious work-related injuries or fatalities due to working in the cold, especially employees who work outside the construction industry or other industrial settings. Specifically, weather-related conditions cause roughly 50 workplace fatalities each year, according to the U.S. Bureau of Labor Statistics (BLS).

Cold weather puts stress on workers because “the body must work harder to maintain its normal temperature,” according to Occupational Health and Safety magazine. Cold-related stress occurs if someone’s internal body temperature drops below 95 degrees Fahrenheit.

How does cold weather cause injuries?

According to health and workplace safety officials interviewed by Occupational Health and Safety magazine, cold weather causes work-related injuries in five different ways:

  • Radiation – Cold temperatures take heat from the body through radiation or exposed skin, making workers feel cold faster.
  • Convection – Wind-related cold weather injuries due to a steady, cold breeze that takes warm air from the body beneath the skin.
  • Conduction – Injuries caused by skin coming into contact with much colder objects, especially metal tools or cold objects covered with ice.
  • Evaporation – Sweating is often caused by wearing insulated work clothes, which causes workers to lose heat due to evaporation and increases the likelihood of cold stress injuries.
  • Respiration – Breathing in cold air can put stress on workers’ bodies and lower their core body temperature, resulting in pain or making it difficult to concentrate while working.

Common cold-related work injuries

Work-related injuries caused by cold weather include:

  • Hypothermia (abnormally low body temperature, which can affect a person’s brain activity and ability to move)
  • Frostbite (damage to the skin and underlying tissue caused by exposure to extreme cold)
  • Trench foot (foot-related injury due to exposure to extreme cold and damp, sometimes unsanitary conditions)
  • Chilblains (inflammation of the skin, swollen patches, and blistering of the skin, often on the hands and feet, due to cold, damp air)

Warning signs of cold-related work injuries

Different cold-related work injuries have different symptoms. But some of the most common warning signs that someone might be too cold at work include:

  • Shivering
  • Fatigue
  • Numbness in body
  • White patches on the skin
  • Difficulty concentration
  • Poor balance
  • Difficulty speaking

Ways to keep workers safe in the cold

Employers should take steps to prevent workers from being injured at work due to extreme cold. Such preventative measures include:

  • Provide workers exposed to the cold as part of their work with insulated clothing.
  • Conduct workplace inspections to ensure employees working outside in extreme cold do not have any exposed skin.
  • Ensure workers get enough to eat and drink while working in extreme cold.
  • Provide training to workers on how to work outside in extreme cold.

Seeking legal help after a work injury

Work-related injuries caused by working in the cold are common in Massachusetts and Rhode Island, where winter weather can be harsh. If you sustain a work-related injury due to cold winter weather, you should be eligible to receive workers’ compensation benefits. However, obtaining the benefits you deserve can prove to be challenging.

Our experienced workers’ compensation lawyers at the Law Offices of Deborah G. Kohl are here to help you obtain the benefits you deserve. We know what to do because we have years of experience handling workers’ compensation claims in Rhode Island and Massachusetts.

Put your trust in a law firm that puts your needs first. Contact us and schedule a free case evaluation with a workers’ compensation attorney focused on helping you move forward after a work injury.

Safety Tips for Delivery Drivers to Avoid Work Injuries

Delivery Truck Driver Injury Blog

Delivery truck drivers face risks every day on the road throughout the year. This is why it’s important for drivers and employers to do everything they can to keep delivery drivers safe and to avoid a work-related injury. So what should drivers and employers do to avoid a workplace injury? Our workers’ compensation lawyers at the Law Offices of Deborah G. Kohl in Rhode Island and Massachusetts explain.

Delivery driver injury factors

Delivery drivers encounter various work-related injury risks due to the nature of their job. Some of the primary causes of injuries among delivery drivers are a result of:

  • Lifting and carrying heavy packages: Transporting and handling heavy parcels can lead to strains, sprains, and back injuries. Proper lifting techniques and seeking assistance for bulky items are vital measures for driver safety.
  • Extended periods of sitting: Spending prolonged hours seated inside delivery vehicles can result in musculoskeletal problems, such as back pain and stiffness. Regular breaks and incorporating stretching exercises are essential for mitigating these concerns.
  • Slip and falls: Slip and fall incidents may occur while navigating diverse terrains and weather conditions during deliveries. These accidents can cause sprained ankles, fractures, and other injuries. Wearing suitable footwear and adopting cautious movements help reduce slip and fall risks.
  • Repetitive movements: Engaging in repetitive actions, like bending, lifting, or driving for extended durations, can lead to overuse injuries, such as carpal tunnel syndrome or repetitive strain injuries. Adhering to proper ergonomics and taking regular breaks can alleviate these potential risks.
  • Handling hazardous objects: Delivery drivers often encounter packages containing sharp objects or dangerous materials. Accidental cuts or injuries can result from handling these items. Wearing protective gloves and exercising caution during package handling can minimize such incidents.
  • Traffic accidents: Delivery drivers face significant risks of being involved in motor vehicle accidents. These accidents can result in various injuries, ranging from minor cuts and bruises to severe trauma. Practicing defensive driving, adhering to traffic regulations, and ensuring regular vehicle maintenance are crucial steps to mitigate this risk.

Safety tips for delivery drivers

Delivery drivers can take several steps in an effort to avoid a work-related injury during the holidays. Such safety tips include:

  • Park delivery truck on level ground.
  • Make sure the delivery truck is clearly visible and hazard lights are on when parking vehicle, especially in the dark.
  • Don’t jump out of your vehicle while holding heavy packages.
  • Wear shoes with good traction.
  • Use a headlamp or flashlight if you’re delivering packages in the dark.
  • Do not carry more than one box if any boxes are extremely heavy. Take multiple trips if necessary.

How employers can help delivery drivers

Delivery drivers aren’t the only ones who should take additional steps to avoid a work-related injury. Delivery companies need to do their part as well to keep drivers safe and injury-free. Some of the things delivery companies can do to help keep delivery truck drivers safe include:

  • Make sure all drivers are properly trained, especially when it comes to knowing how to safely lift heavy packages or drive safely at night.
  • Provide delivery truck drivers with reflective clothing and flashlights, especially since many drivers have to walk from their truck to someone’s house in the dark.
  • Make sure delivery truck drivers have back support or other personal protective equipment (PPE) designed to prevent back injuries due to lifting heavy objects.
  • Report all work-related injuries right away to the proper state authority so injured workers can receive workers’ compensation and other important benefits right away.

Contact an experienced workers’ comp attorney

When delivery drivers get hurt on the job in Massachusetts or Rhode Island, they are often eligible to receive workers’ compensation benefits, which can provide compensation for medical care and replacement income if an injured worker needs time off to rest and recover.

However, getting these benefits can be challenging. That’s why our workers’ compensation lawyers at the Law Offices of Deborah G. Kohl are here to help. Our attorneys have years of experience helping injured workers receive the workers’ compensation benefits they deserve in Rhode Island and Massachusetts.

Learn more about your legal options. Contact us and schedule a free case evaluation with a workers’ compensation attorney you can count on when you’ve been injured on the job. We can review your case, explain your potential legal options, and get right to work on your claim.

Modernized Goggles Revolutionize Workplace Eye Protection

A male worker using equipment in a warehouse wears safety googles and other PPE to avoid injury.

Advancements in technology have made goggles a popular choice for workplace eye protection for many employees, according to a recent Occupational Health and Safety (OHS) article about eye protection and work-related eye injuries.

“Today’s modernized safety goggles provide a tighter, sealed fit and are ideal for workers who may find themselves in environments that produce flying debris and projectiles that could potentially be harmful to the users’ eyes,” the OHS article states.

These advancements in goggle technology are critical. That’s because work-related eye injuries can result in partial or permanent vision loss. Our workers’ compensation lawyers at the Law Offices of Deborah G. Kohl in Massachusetts and Rhode Island know because we have helped many injured workers obtain the benefits they rightfully deserve after sustaining a work-related eye injury.

Improved safety goggles provide ‘additional protection’

In recent years, employees who need eyewear protection for their jobs have chosen to wear safety goggles instead of safety glasses, according to the OHS article.

“While safety goggles are certainly not a new concept, recent innovations aim to make them more comfortable to wear, which is fueling category growth as more workers shift to the additional protection that goggles provide,” OHS reports.

The article adds, “Beyond the framework of meeting and even exceeding applicable safety standards, we are seeing new goggle designs in the market that focus on improved fit, comfort, and customization features to cater to a diverse range of users.”

Work-related eye injuries—by the numbers

Protective goggles serve an important purpose. They help protect people from sustaining work-related eye injuries and vision loss. Unfortunately, on-the-job eye injuries still occur at an alarming rate. According to the most recent workplace injury statistics compiled by the U.S. Bureau of Labor Statistics (BLS), 18,510 workers sustained eye injuries in 2020 nationwide. That’s roughly 1.7 injuries for every 10,000 full-time workers.

Common causes of work-related eye injuries

According to the BLS and the Centers for Disease Control and Prevention (CDC), the most common causes of work-related eye injuries are:

  • Coming into contact with objects or equipment – 11,980 work-related eye injuries in 2020, according to the BLS.
  • Exposure to harmful substances – 4,830 work-related eye injuries in 2020.
  • Objects scraping or scratching an eye – According to the CDC, small particles such as dust, cement chips, and wood slivers often cause work-related eye injuries.
  • Penetrating objects – Nails, staples, and wood slivers can penetrate an eye and cause a severe injury, according to the CDC.
  • Chemical burns – Industrial chemicals and cleaning products often cause eye injuries and vision loss, according to the CDC.

Employers must provide eye protection

If employees work in an environment where eye injuries are possible, the Occupational Safety and Health Administration (OSHA) requires employers to provide eye protection to all employees. These rules are defined in OSHA Standard 1926.102, which focuses on personal protective equipment for face and eye protection.

Unfortunately, not every employer follows these rules. That’s why violations of OSHA Standard 1926.102 recently made the top 10 list of OSHA workplace safety violations for fiscal year 2023, which ended Sept. 30. Specifically, OSHA issued 2,074 violations for failing to provide employees with protective face and eye equipment, making this the 9th most common OSHA violation in fiscal year 2023.

Work-related eye injuries can be serious

You might think you don’t need an attorney to help you recover compensation if you sustained an eye injury at work. All you have to do is apply for workers’ compensation benefits, and your employer’s insurance company will take care of everything else, right?

Don’t be so sure. Workers’ compensation claims involving eye injuries or vision loss are often disputed or denied. That’s why if you suffered an eye injury or vision loss at work, you should contact the Law Offices of Deborah G. Kohl for help.

Our legal team is dedicated to helping injured workers get the support they deserve after a work-related injury or illness. We have years of experience handling complicated workers’ compensation claims in Rhode Island and Massachusetts.

Find out what we can do for you. Contact us and schedule a free case evaluation with our legal team so we can review your case, explain your options, and help you find your way forward after a work-related eye injury.

OSHA’s Top 10 Workplace Safety Violations Involve Fall Protection, Ladders & Hazardous Materials

Rhode Island workers' compensation lawyer blog

Some of the top 10 most common workplace safety violations involve companies failing to provide fall protection, safety training for employees using hazardous chemicals, and safe ladders for employees to use, according to a recent National Safety Council (NSC) report.

Notably, many of these Occupational Safety and Health Administration (OSHA) workplace safety violations are the same violations employers are cited for year after year, according to the NSC report.

“Although incredible advancements are made in safety each year, we continue to see many of the same types of violations appear on OSHA’s Top 10 list,” NSC president and CEO Lorraine Martin said. “As a safety community, we must come together to acknowledge these persistent trends and identify solutions to better protect workers.”

So, what are the top 10 most common OSHA workplace safety violations? Our workers’ compensation attorneys at the Law Offices of Deborah G. Kohl in Massachusetts and Rhode Island have the complete list below, as well as information about how a lawyer can help an injured worker.

Lack of fall protection tops OSHA’s list

OSHA Region 6 administrator Eric Harbin announced the top 10 OSHA workplace safety violations for fiscal year 2023, which ended Sept. 30. For the 13th consecutive year, failure to provide fall protection for workers was the top OSHA workplace safety violation.

In fiscal year 2023, there were 7,271 violations nationwide of OSHA Standard 1926.501 (Duty to have fall protection) governing “Fall Protection – General Requirements.” This OSHA requirement states that employers must provide fall protection and safety training to prevent workplace falls.

Falls from a height are some of the most common causes of work-related injuries and fatalities. On average, more than 200,000 workers are injured every year, and 800 die in work-related accidents due to falling from a height, according to an NSC study based on workplace injury statistics compiled by the U.S. Bureau of Labor Statistics (BLS).

Other top OSHA violations

Along with failing to provide protection for workers from a fall, the other top 10 OSHA workplace safety violations in fiscal year 2023 were:

Injured workers should know their legal options

On-the-job injuries involving unsafe working conditions can quickly become complicated legal matters. Even if you are eligible to receive workers’ compensation benefits, obtaining the benefits you deserve can be challenging. In addition, you could be eligible to receive additional compensation depending on the circumstances surrounding your work-related injury.

This is why it’s best to talk to an experienced work injury attorney who understands how to handle complex cases. Our workers’ compensation lawyers at the Law Offices of Deborah G. Kohl can help you every step of the way. We have years of experience successfully handling workers’ compensation claims in Rhode Island and Massachusetts and understand what it takes to get results for injured workers.

Contact us and schedule a free case evaluation with our law firm. Our legal team can review your case, explain your potential options, and get right to work on your claim so you can focus on healing.

Occupational Hearing Loss Is A Common Work Injury

Male worker with hearing protectors, indoors

Occupational hearing loss is a serious concern that often flies under the radar. It’s a condition that results from exposure to excessive noise levels and chemicals in the workplace. While hearing loss may not be as immediately visible as a broken bone or a burn, it’s a real and permanent problem that often results in workers’ compensation claims.

How many workers are at risk of job-related hearing loss?

Occupational hearing loss is one of the most prevalent work-related conditions. Hearing risks are present across all industries, affecting millions of U.S. workers each year.

The NIOSH Recommended Exposure Limit is 85 decibels (A-weighted) averaged over an eight-hour workday. However, roughly 22 million workers are exposed to noise levels well above the recommended exposure limit.

Another 30 million workers encounter ototoxic chemicals that can harm their hearing. This chemical disrupts the cochlea, a spiral-shaped structure in the inner ear that contains thousands of hair cells. These hair cells are responsible for detecting different frequencies of sound.

What are the consequences of occupational hearing loss?

Hearing loss can be life-altering, impacting individuals in several ways. This includes:

  • Communication difficulties: A direct consequence of hearing loss is communication difficulties. It becomes challenging to maintain relationships with others, both personally and professionally.
  • Health issues: Hearing loss is not an isolated problem. It’s linked to tinnitus (ringing in the ears), heart problems, cognitive decline, and poor mental health. These issues can significantly impact a worker’s quality of life.
  • Safety concerns: Workers suffering from hearing loss may also face concerns about personal safety and the safety of those around them. In a work environment, this can lead to accidents and injuries if a worker can’t hear potential hazards.

How can I prevent occupational hearing loss?

The good news is that occupational hearing loss is preventable. Employers should prioritize their employees’ hearing health by implementing comprehensive hearing conservation programs. This includes:

  • Implementing noise control measures.
  • Offering regular hearing testing.
  • Providing personal protective equipment, such as earplugs or earmuffs.
  • Training employees about the risks of workplace noise and the importance of protecting their hearing.

Workers should also take responsibility for their own hearing health by using the provided protection and reporting any concerns to their employers.

Should I file a workers’ comp claim if I lost my hearing?

If you have experienced occupational hearing loss, it’s crucial to understand your rights. You have the right to file a workers’ compensation claim in Massachusetts or Rhode Island. The workers’ compensation system provides financial and medical support to those who have suffered job-related injuries or illnesses. This includes hearing loss caused by workplace conditions.

The experienced legal team at the Law Offices of Deborah G. Kohl understands the workers’ compensation process. Our attorneys can work tirelessly to ensure your claim is properly filed and you receive the benefits you deserve. We understand that hearing loss can have a profound impact on your life, and we’re here to support you every step of the way.

Don’t let occupational hearing loss go unaddressed. Contact us to schedule a free consultation. We’ll go over your potential legal options and answer any questions you have.

Study Reveals Surprising Trends in Workplace Injuries

Man with bandaged hand filling out a work injury claim form.

It’s easy to believe that workplace injuries only happen in certain occupations. For example, construction, manufacturing, and warehouse workers are the most at risk of sustaining injuries on the job.

However, recent research challenges this assumption. It reveals that workers in highly hazardous jobs are less prone to on-the-job injuries than those with moderately dangerous occupations.

Which types of workers are most at risk for workplace injuries?

A study based on 2019 Labor Department data assessed the injury rates across 571 occupations. The injury rate for hazardous jobs such as wellhead pumpers and boilermakers was around three incidents per thousand workers. In contrast, moderately risky jobs recorded significantly higher injury rates. That includes:

  • 23 per thousand for pest-control specialists
  • 43 per thousand for baggage handlers
  • 120 per thousand for welders

At the same time, low-risk professions, such as human resource specialists or loan officers, displayed low injury rates.

A second study explored maritime accidents and their correlation with sea and wind conditions. The highest accident rates occurred when conditions were moderately hazardous, not during extreme conditions.

James Beck, an associate professor at the University of Waterloo in Canada, is one of the study’s co-authors. He sheds light on this paradox. Workers react differently in highly dangerous situations. For example, they often:

  • Display caution by adhering to safety protocols
  • Wear protective gear
  • Follow stringent rules

However, this cautious behavior tends to dissipate in situations perceived as only moderately hazardous.

Video game study reinforces findings in workplace injuries

The researchers conducted a third study to gain deeper insights into worker behavior. In a controlled environment, they asked 92 undergraduates to engage in a simulated video game set in a warehouse. Participants were tasked with placing boxes on shelves with varying degrees of stability. The catch was that some shelves in closer proximity had a greater chance of collapsing.

The results showed that when participants faced a moderately hazardous scenario with a 30% chance of shelf collapse, accidents were 66% more frequent. That’s in contrast to simulations with 10% or 50% chances.

This research suggests that companies should emphasize precautionary measures when the overall risk only increases moderately. While many find it challenging to grasp such risk levels, focusing on precautions will likely reduce workplace accidents and injuries. This approach underscores the importance of worker training and awareness in maintaining workplace safety.

Common injuries in moderately dangerous workplaces

While the specific dangers can vary, some common types of workplace accidents in moderately hazardous jobs include:

  • Slips, trips, and falls: In moderately hazardous jobs, such incidents can occur due to wet or uneven surfaces, cluttered workspaces, or inadequate lighting.
  • Musculoskeletal injuries: Jobs involving repetitive tasks or lifting heavy objects can lead to musculoskeletal injuries. Back strains, muscle sprains, and joint problems are common.
  • Struck-by accidents: Struck-by accidents can result from the improper storage of materials or the lack of protective barriers.
  • Electrical accidents: Occupations that involve working with electrical equipment or machinery can lead to electrical shocks or fires if safety precautions are not followed.
  • Exposure to hazardous materials: Some jobs may require handling or exposure to hazardous materials, chemicals, or substances. Accidents in such environments can lead to chemical burns, respiratory problems, or other health issues.

What to do if you sustained an injury on the job

If you sustained an injury on the job, you may be out of work for weeks or months while you recover. On top of that, the medical bills could pile up. The good news is that you can receive financial benefits through a workers’ compensation claim while you’re out of work. However, getting financial benefits isn’t as simple as it sounds. Any errors in your application or filing process could result in your benefits getting delayed or denied.

The Massachusetts and Rhode Island workers’ compensation attorneys at the Law Offices of Deborah G. Kohl can help you through the process. They can gather evidence to support your claim and advocate for maximum compensation on your behalf. To learn more about how we can help with your potential case, contact us online and set up your free initial consultation.

Traumatic Brain Injury Risks in Construction

Working in construction comes with inherent risks; among them, traumatic brain injuries (TBIs) are a significant concern. Every day, construction workers face potential TBI risks on the job.

Head and brain injuries are common in construction

Although head injuries are largely preventable, they remain a considerable hazard for construction workers. With National Concussion Awareness Day falling in September, we can shed light on the various forms of TBIs, ranging from minor concussions to more severe cases, and underscore the importance of awareness and safety measures within the construction industry.

In the unfortunate event of a construction-related TBI, it’s essential to understand that you have legal rights and options available to you. Seeking compensation for your injuries and ensuring that your rights are protected can be a complex process, which is why consulting an experienced construction accident lawyer is crucial.

What is a traumatic brain injury?

According to Occupational Health & Safety, a traumatic brain injury affects the brain’s normal function. TBIs can happen from a direct hit to the head, a penetrating injury, or a jolt. You may be suffering from a TBI if you are experiencing any of the following symptoms:

  • Headaches
  • Dizziness
  • Nausea or vomiting
  • Sensitivity to light or sound
  • Fatigue

Traumatic brain injuries can vary in levels of severity. At the milder end of the spectrum are concussions, which typically involve temporary symptoms like confusion and headaches. More severe TBIs can result in long-term complications such as impaired motor skills, cognitive deficits, mood disorders, and, in the most serious cases, coma or permanent disability.

Fall-related TBIs

Falls are a leading cause of traumatic brain injuries among construction workers. They often happen when workers are exposed to dangerous situations, such as working at heights. Common factors that can cause a fall on a construction site include:

  • Lack of fall protection
  • Absence of safety equipment such as guardrails
  • Misuse of ladders and other equipment
  • Failure to use protective gear
  • Slippery or uneven surfaces
  • Weather conditions

TBIs resulting from construction falls frequently occur due to a direct impact on the ground or other hard surfaces. Despite using safety gear like hard hats, the force of a direct impact can still be strong enough to cause a TBI.

Struck by falling and flying objects

In the construction industry, there’s another significant TBI risk: flying and falling objects. These accidents happen when materials, tools, or debris are propelled into the air, often due to equipment malfunctions, improper handling, or weather conditions. The risk of these objects becoming airborne increases when work zones are crowded and busy work zones.

When an object hits a worker, the impact can lead to an injury because of the force and weight involved. These accidents can result in various levels of TBIs, ranging from mild concussions to skull fractures and even penetrating wounds.

Talk to a workers’ comp attorney today

Construction workers who’ve sustained traumatic brain injuries may qualify for workers’ compensation benefits. However, eligibility doesn’t always ensure you receive benefits. Navigating workers’ compensation cases can be challenging, but having the guidance of an experienced workers’ comp attorney can make all the difference.

At the Law Offices of Deborah G. Kohl, we have a deep understanding of workers’ compensation systems in Massachusetts and Rhode Island. We work tirelessly to demand the compensation you rightfully deserve. Contact us for a free consultation with a workers’ compensation attorney who will stand by your side when it matters most.

Preventing Struck-By Objects Accidents at Work

An accident in a warehouse. Woman running towards her colleague lying on the floor next to a forklift.

Struck-by accidents are a common cause of workplace injuries and fatalities. They occur when workers get struck-by objects and can happen in a wide range of industries and settings. They typically involve contact with tools, equipment, vehicles, materials, or even falling objects.

Employers play a crucial role in preventing struck-by accidents

Knowing the potential risks on the job and what action to take if you’re injured is important. The workers’ compensation attorneys at the Law Offices of Deborah G. Kohl discuss the four types of struck-by accidents, how employers can prevent them, and how to file a claim.

What are the four types of struck-by objects accidents?

There are four main categories of struck-by accidents, as defined by the Occupational Safety and Health Administration (OSHA):

  • Struck-by flying object: This occurs when an object becomes airborne and strikes a worker. For example, a tool or material may be ejected from a machine and hit a worker.
  • Struck-by falling object: This type of accident happens when an object falls from a height and strikes a worker below. It can occur in construction, manufacturing, or warehouse environments where materials or equipment are stored or moved overhead.
  • Struck-by swinging object: In this scenario, an object that is being swung or suspended strikes a worker. This can include cranes, hoists, or equipment on a swing arm.
  • Struck-by rolling object: This type of accident involves objects that roll, move, or slide. Examples include vehicles, forklifts, and carts.

What should employers do to prevent struck-by accidents?

Preventing struck-by object accidents is a crucial aspect of workplace safety. Employers can take various measures to reduce the risk, such as:

  • Providing appropriate personal protective equipment (PPE)
  • Implementing safety training programs
  • Securing materials and objects properly at heights
  • Storing heavy items close to the floor
  • Using safety barriers and warning signs
  • Securing loose items
  • Using caution around corners
  • Lifting all loads evenly
  • Training workers on potential hazards and encouraging them to follow safe worker practices.

What should I do if I was injured in a struck-by object work accident?

If you’ve been injured in a struck-by accident at work, taking certain steps to protect your legal rights is essential. Here’s what you should do:

  • Seek immediate medical attention: Even if your injuries seem minor, getting a medical evaluation is important. Some injuries may not be immediately apparent but could worsen without treatment.
  • Report the accident: Inform your supervisor or employer about the incident immediately. Be sure to follow your workplace’s specific reporting procedures. Provide a detailed account of the accident, including the date, time, location, and any witnesses present.
    Document the incident: Write down a description of how the accident occurred and any contributing factors. If possible, take photographs of the accident scene, your injuries, and any equipment or objects involved. Visual evidence can be valuable when filing a workers’ compensation claim.
  • Follow doctor’s orders: Attend all medical appointments and follow your healthcare provider’s treatment plan. Also, keep records of your medical treatment, including diagnoses, prescriptions, and medical bills.
  • File a workers’ compensation claim: To recover medical expenses and lost wages, you’ll need to file a workers’ compensation claim. You’ll have to apply in Massachusetts or Rhode Island to start the process. The application process can be confusing. To avoid any delays in your compensation, it’s best to have an experienced workers’ comp lawyer help you.
  • Consult with an attorney: To receive financial benefits, you’ll need to prove that your injury was work-related. Be sure to consult with an attorney who can gather the facts and present your case before the Massachusetts or Rhode Island workers’ compensation boards. An attorney can also advise you on your legal rights, help you navigate the workers’ compensation system, and handle all the complex paperwork.

Contact a workers’ comp lawyer today

If you’ve been injured in a struck-by accident in Massachusetts or Rhode Island, an attorney at the Law Offices of Deborah G. Kohl can help. We know how workers’ compensation cases work and have a proven track record of successfully representing injured workers.

Take the first step and contact us online to schedule your free consultation. We’ll work tirelessly to help you get the benefits you deserve while you focus on recovery.

New Construction Companies Have More Workers’ Comp Claims, Study Finds

Construction worker has an accident while working on new house. The worker is lying on the ground with his yellow hard hat in the foreground

A construction accident lawyer reveals what you should know

Employees who work for newer construction companies file the most construction accident workers’ comp claims, according to a new study conducted by AmTrust Financial Services Inc., an insurance company that handles claims filed by injured construction workers.

In a recent article published by Business Insurance, the insurance company’s contractor risk report found that employees who work for construction contractors that have been in business for less than four years make up 75 percent of all workers’ compensation claims paid to injured construction workers.

What construction workers are the most at risk?

AmTrust Financial Services’ report was based on an in-depth analysis of 26,000 workers’ compensation claims filed within the past 10 years, according to Business Insurance. The report also identified which workers are most at risk and what types of injuries they sustained the most. Researchers concluded that the following workers are most at risk of sustaining an injury in a construction accident:

  • Construction workers with less than one year of experience made up 33 percent of all workers’ compensation claims.
  • Construction workers with one to two years of experience made up 16 percent of all claims.
  • Plumbers file 28 percent of all workers’ compensation claims.
  • Electricians file 19 percent of workers’ compensation claims.
  • August was the month in which the most claims were filed (construction work is often seasonal and takes place during the warmer months)

These are just some of the workers who face the highest risk of sustaining an injury or illness that requires medical care, time off from work, and other treatment often associated with workers’ compensation claims. Even so, all construction workers face a high risk of sustaining a serious workplace injury. That’s why workplace safety is so important on job sites.

Construction accident statistics

Certain types of construction accidents often result in workers’ compensation claims. According to the AmTrust Financial Services’ report, the most common injury claims among construction workers involve:

  • Slip, trip, or fall accidents – Specifically, lost workdays due to slip and fall injuries were 67 percent greater than the median for all injuries, at 21 days away from work.
  • Lifting strains – The most common construction accident injury at 11 missed workdays.
  • Burn injuries – The second-highest median days out from work at 19 missed workdays.

Many other injuries frequently result in days away from work to rest, recover and receive medical care. When this happens, it’s critical that injured construction workers get the support they need and deserve to fully recover. That’s why it’s important to fully understand your legal rights.

Talk to a construction accident attorney today

Construction accidents might seem like straightforward workers’ compensation claims. Unfortunately, these claims can quickly turn into complex legal cases. Don’t be surprised if your injury claim is rejected by your employer’s insurance for any number of reasons. That’s because insurance companies will look for any excuse to reduce or deny your claim, whether they say you have a pre-existing medical condition or that you got hurt outside of work.

At the Law Offices of Deborah G. Kohl, we know how to handle complex legal cases. We have years of experience handling injury claims for construction workers throughout Massachusetts and Rhode Island. As your attorney, we can get straight to work on your case, including helping you pursue a third-party claim for damages, if applicable.

Discover what we can do you and contact us right away to schedule a free case evaluation with an experienced workers’ compensation lawyer. We understand how the legal system works when it comes to construction accidents and can work with you to build the strongest possible legal case. Schedule an appointment today. We have three offices conveniently located in Rhode Island and Massachusetts, and we handle construction claims in both states.