Virtually all Massachusetts employees are eligible for workers’ compensation insurance coverage, even if they work for a temporary agency or are undocumented immigrants. Their survivors are eligible for workers’ compensation benefits if the worker dies in a job-related accident.
Worker Killed While Cleaning Machinery
A sanitation supervisor at the New Bedford, Massachusetts plant of Sea Watch International died in January 2014 when his clothing became ensnared in the rotating shaft of a clam-shucking machine’s engine while he was cleaning the device. Victor Gerena, 35, died, leaving five children without a father. Gerena had worked at the plant for 18 years. Gerena worked for Sea Watch through a temporary employment agency, Workforce Unlimited. In June 2014, both companies were cited by the federal Occupational Safety and Health Administration (OSHA) and fined a total of $44,410 for their violations. An OSHA spokesman emphasized that the fines reflected the seriousness of the safety lapses, not the value of Victor Gerena’s life. The children may receive Social Security benefits and may also receive workers’ compensation benefits, since all employers in Massachusetts must insure their workers, with very few exceptions. This requirement also applies to an “employee leasing company” like Workforce, which supplies employees by contract to other companies.
Citations For Safety Violations
The violations against Sea Watch were for the plant’s failure to implement safety protocols to protect workers while they cleaned potentially dangerous machinery. The violations included failure to provide a lockout device, incomplete lockout/tagout procedures, not conducting periodic inspections of these procedures to ensure that all requirements were being met, and failure to train all affected sanitation employees in lockout/tagout procedures. In the opinion of OSHA investigators, if Sea Watch had followed those safety protocols, Victor Gerena would not have been killed. Sea Watch’s plant on Antonio Costa Avenue in New Bedford was cited by OSHA for seven violations, and the company was fined $35,410.