Category Archives: Uncategorized

Insult to Injury: ProPublica’s Series “Demolition of Workers’ Compensation” Focuses on Ongoing Workers’ Comp Woes Faced by Injured Workers Nationally

Recent years have not been favorable to injured workers. States across the nation have enacted “reform” measures curbing injured workers benefits. Disability caps have been introduced, medical care restricted. In our last blog, we discussed Oklahoma’s Opt Out provisions as an example of the court system declaring that the legislature had legislated away too much of the injured worker’s protections. A couple years ago, Florida workers’ comp laws were declared unconstitutional by a judge. Although the decision was later reversed, the Florida judge (Judge Cueto) expressed concerns regarding the loss of an employee’s right to wage-loss benefits after an accident.  

 

NPR and ProPublica have been authoring an in-depth series on national workers’ compensation issues. ProPublica reviewed “reams of insurance industry data” and their findings confirmed what many workers’ compensation attorneys suspected for years:  insurance companies are increasingly controlling medical decisions, workers are unable to pick their own doctor in many states, and insurers are denying medical care based on internal “guidelines.”

 

As an example, ProPublica’s article talks about a case in California where the insurance company reopened an old case and denied medical care based on the opinion of a doctor who never even saw the patient. “Joel Ramirez, who was paralyzed in a warehouse accident, had his home health aide taken away, leaving him to sit in his own feces for up to eight hours.”

 

The article also brings up a good point about workers’ comp fraud. Repeatedly studies show “most of the money lost to fraud results not from workers making false claims but from employers misclassifying workers and underreporting payroll to get cheaper insurance rates.”

 

Countertop Workers Face Silicosis Risk from Engineered Stone Countertops

Engineered stone countertops, a popular fixture in today’s homes, pose a health risk to workers who cut and finish them. The danger stems from the material the countertops are made from, processed quartz, which contains silica levels up to 90 percent. Silica is linked to a debilitating and potentially deadly lung disease known as silicosis, as well as lung cancer and kidney disease.

While the countertops do not pose a risk to consumers in their homes, they do pose a risk to the workers who cut and finish them before they are installed. When the countertops are cut, silica particles are released into the air, which when breathed in by the workers can start processes leading to silicosis. Manufacturers of the engineered stone countertops assert that worker hazards can be reduced through the use of protective respirators and equipment designed to trap silica dust. Despite this assertion, many safety precautions taken by employers are often inadequate.

The first documented case of silicosis among countertop workers in the United States was reported two years ago. In countries such as Israel and Spain, where engineered stone products gained their popularity, many more countertop workers have been diagnosed with silicosis and have had to undergo lung transplants. The danger of silicosis in the construction industry led OSHA to recently issue new rules requiring construction workers’ silica exposure to be reduced by 80 percent beginning on June 23, 2017.

Daylight Savings: Suggestions to help workers adapt to the time change

Today’s post was shared by Work Org and Stress and comes from blogs.cdc.gov

DaylightSavingsTimeWeb

Spring forward Fall back.

We all know the saying to help us remember to adjust our clocks for the daylight savings time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change? A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

By moving the clocks ahead one hour in the Spring, we lose one hour which shifts work times and other scheduled events one hour earlier. This pushes most people to have a one hour earlier bedtime and wake up time. In the Fall, time moves back one hour. We gain one hour which shifts work times and other scheduled events one hour later thereby pushing most people to have a one hour later bedtime and wake up time.

It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrision, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall.

The reason for these…

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What I Wish I Had Known Earlier in My Workers’ Compensation Claim – Thoughts from a Former Client

What I Wish I Had Known Earlier in My Workers’ Compensation Claim – Thoughts from a Former Client

We frequently reach out to our clients for feedback on how to improve our services. Earlier this year, we received a very thoughtful email from one of our former clients and wanted to share his thoughts.

What I Wish I had Known Earlier

1.  Filing the workers’ compensation claim:  Employees need to know how to properly file a workers’ compensation claim. Also, there needs to be a list prepared for all employers and employees that sets out the steps both of them need to take. 

2.  Nurse Case Manager:  I wish I had better understood the nurse case manager’s role at the outset of the case. I wish I had known everything she was capable of doing, aside from just reporting to the adjuster.

3.  Emotional Toll:  The magnitude of emotional stress involved in going through a workers’ compensation claim was a surprise; was there an option for counseling? This is truly a life changing event. Counseling would have been beneficial to alleviate the stressfulness of the process and the overwhelming feelings of abandonment.  For example, the feelings of “I know I’m hurt but why can’t they see that” or “why don’t they care?”

4.  Communication:  The importance of discussing issues with an attorney as early as possible.

If you have been through a workers’ compensation claim, let us know if you have other items to add. 

How Cold is Too Cold? Tips to Protect Outdoor Workers in the Winter

Today’s post was shared by US Labor Department and comes from blog.dol.gov

The National Weather Service is warning much of the country about the polar vortex, an arctic air mass that is pushing much of the eastern and central U.S. down to record cold temperatures.

During this wave, workers are at increased risk of cold stress. Increased wind speeds can cause the air temperature to feel even colder, further increasing the risk of cold stress of those working outdoors, such as:

  • Snow cleanup crews
  • Construction workers
  • Recreational workers
  • Postal workers
  • Police officers
  • Firefighters
  • Miners
  • Baggage handlers
  • Landscapers
  • Support workers for oil and gas operations

When the body is unable to warm itself, cold-related stress may result in tissue damage and possibly death. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air, and contact with cold water or surfaces.

How cold is too cold?

A cold environment forces the body to work harder to maintain its temperature. Cold air, water and snow all draw heat from the body. The most common problems faced in the cold are hypothermia, frostbite, and trench foot.

wind chill chart

What preventive measures should I take?

Plan for work in cold weather. Wearing appropriate clothing and being aware of how your body is reacting to the cold are important to preventing cold stress. Avoiding alcohol, certain medications and smoking can also help minimize the risk.

Protective Clothing is the most important way to avoid cold stress. The type of fabric even makes a difference. Cotton loses its…

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Crane, Derrick and Hoist Safety

Today’s post was shared by US Labor Department and comes from www.osha.gov

Moving large, heavy loads is crucial to today’s manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. There are significant safety issues to be considered, both for the operators of the diverse "lifting" devices, and for workers in proximity to them. This page is a starting point for finding information about these devices, including elevators and conveyors, and their operation.

Crane, derrick, and hoist safety hazards are addressed in specific standards for the general industry, marine terminals, longshoring, gear certification, and the construction industry.

How do I find out about employer responsibilities and workers’ rights?

Workers have a right to a safe workplace. The law requires employers to provide their employees with safe and healthful workplaces. The OSHA law also prohibits employers from retaliating against employees for exercising their rights under the law (including the right to raise a health and safety concern or report an injury). For more information see www.whistleblowers.gov or Workers’ rights under the OSH Act.

OSHA can help answer questions or concerns from employers and workers. To reach your regional or area OSHA office, go to the OSHA Offices by State webpage or call 1-800-321-OSHA (6742).

Small businesses may contact OSHA’s free On-site Consultation services funded by OSHA to help determine whether there are hazards at their…

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New Testing Reveals Hidden Dangerous Chemicals in Popular Halloween Costumes and “Trick or Treat” Bags

Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com

Study Finds Costumes and Party Supplies Sold by Top Retailers Contain Hazardous Additives

(Ann Arbor, MI) — A study released today by the Ecology Center’s HealthyStuff.org project has found elevated levels of toxic chemicals in popular Halloween costumes, accessories and party supplies. The nonprofit Ecology Center tested 106 Halloween products for substances linked to asthma, birth defects, learning disabilities, reproductive problems, liver toxicity and cancer. The products were purchased from top national retailers including CVS, Kroger, Party City, Target, Walmart, and Walgreens.

Media Resources:

“We found that seasonal products, like thousands of other products we have tested, are full of dangerous chemicals,” said Jeff Gearhart, HealthyStuff.org research director. “Poorly regulated toxic chemicals consistently show up in seasonal products. Hazardous chemicals in consumer products pose unnecessary and avoidable health hazards to children, consumers, communities, workers and our environment.”

HealthyStuff.org tested Halloween products for chemicals based on their toxicity or tendency to build up in people and the environment. These chemicals include lead, bromine (brominated flame retardants), chlorine (vinyl/PVC plastic), phthalates, arsenic, and tin (organotins).

Some products contained multiple chemical hazards, including a Toddler Batman Muscle Costume whose belt contained 29% regulated phthalates, 340 ppm tin, and lead in the lining of the mask at 120…

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MSHA commemorates 10-year anniversary of Sago Mine disaster

Today’s post was shared by US Labor Department and comes from www.msha.gov

ARLINGTON, Va. – Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main today issued the following statement on the 10-year anniversary of the Sago Mine disaster:

“On Jan. 2, 2006, at approximately 6:30 a.m., the Sago coal mine in Tallmansville, West Virginia, exploded with 29 miners underground. Although 16 successfully escaped, 12 miners lost their lives and one was seriously injured.

“Two other disasters followed that year – the Jan. 19 Aracoma Alma Mine fire in West Virginia that killed two miners, and the Darby Mine explosion in Kentucky on May 20 that killed five miners. All three of these fatalities were pivotal in the passage of the Mine Improvement and New Emergency Response (MINER) Act of 2006.

“Among its provisions, the MINER Act called for the establishment of emergency response plans by every mine operator, better trained and more readily available mine rescue teams, enhanced technology to facilitate two-way communication between surface and underground personnel, and stronger seals between active and abandoned areas. It also added post-mine emergency protections for miners, such as oxygen devices that are more accessible, refuge shelters and lifelines.

“While the legislation put into place increased protections for miners, we know that our work is not done and more actions are needed. MSHA has been working hard to address the lessons learned from Sago and other mining tragedies to ensure that all miners can put…

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