Tag Archives: death

In Complicated Times, Police Who Risk Their Lives Still Need Support

Today’s post comes from guest author Edgar Romano, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Last week was a very bad one for police officers across the country, starting with the separate police shooting of two unarmed men. These shootings – days apart in different parts of the country – sparked widespread outrage and protests throughout the country. 

While the investigation continues into the circumstances surrounding these civilian shootings, video evidence suggests the outrage over these shootings appears to be justified. The week ended with the assassination of five police officers in Dallas who were providing protection to citizens engaged in a peaceful protest over the shootings of the unarmed men. The gunman indicated he had killed the police officers in retaliation for the shooting deaths. This was the worst loss of life for the police department since September 11, 2001.  Additionally, seven police officers were injured in the attack.

These horrific events highlight the difficult job that police face every day. While not all police officers are perfect (in fact, who amongst us is?), most don’t begin their shifts with the mindset that they are going to kill a civilian. Most see their role as keeping the peace and protecting citizens. They do, however, wonder many times whether they will make it through their shift safely and return home to their loved ones.    Unfortunately, they are not always immune to death and injury.   

As an attorney who has represented many law enforcement officers injured on the job, I know the majority of them receive medical treatment and may have a period of convalescence, but then are able to return to work. However, some sustain serious and career-ending injuries. Most police officers in New York City and Long Island are likely a member of a Civil Service Retirement System. If so, and they become permanently disabled from performing their specific job duties, they may be eligible for a life-long disability pension.

There are many pension systems in the state, all with different applications, rules, procedures, and guidelines. Each disability pension has its own statute of limitations and guidelines for eligibility. There are different pensions available, ranging from one-third to three-quarters. Just because you were injured on the job does not mean you are automatically entitled to the three-quarter pension, which would enable you to receive 75% of your previous year’s earnings. 

Although not always relevant, how police officers are injured on the job can impact whether they are entitled to a three-quarter disability pension. Additionally, just because they were injured while working does not automatically mean they are entitled to a three-quarter disability pension. Factors that get taken into account are issue of causation, medical evidence from the officer’s own doctor, and the retirement system’s medical board. It is not always an easy process for our law enforcement personnel to receive reasonable retirement benefits, but it should be. Day in and day out, they protect the citizens of our cities and our states, putting their own lives at risk simply because they are dressed in blue. 

There is a huge spotlight this week on police, and rightfully so, as there is so much mistrust and anger regarding the recent events. There needs to be an honest, open dialogue where those aggrieved are given the opportunity to be heard without fear of reprisal, just as the police department needs to be given the opportunity to have investigations completed before a rush to judgment. While the majority of police officers are honest and hardworking, those who fail to uphold their oath should be punished.

Police officers are sworn to protect and serve; they run toward trouble when we run away from it. They patrol neighborhoods that are dangerous, riddled with crime, where we are taught to avoid them. They put their lives on the line every day, knowing they might never return to their families. Yes, this has been a very tough week. Let’s hope that future discussions help bridge the gap between our police and the citizens they are sworn to protect.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy  Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

Keep Ag Worker Safety in Mind this Harvest Season

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

As harvest kicks off on the Great Plains, please take the time to be safe and make sure you understand the safety policies of your business, whether you’re a worker, a supervisor, or the employer.

The information and resources below are a sometimes-stark reminder of the need for safety all year when it comes to agricultural jobs, especially at harvest, when long hours and the urgency of the time available all affect a person’s decision-making abilities.

First, here’s a summary of a news release from the Occupational Safety and Health Administration investigation that was the result of an elevator supervisor’s death in a soybean bin in March of this year. Sympathies go to the “41-year-old elevator superintendent’s” loved ones. This person’s death is especially tragic because Cooperative Producers Inc. has been cited seven times since 2011 for grain handling safety violations. This most recent violation resulted in a proposed fine of $411,540 and also earned the Hastings, Nebraska-based company a spot in OSHA’s Severe Violator Enforcement Program.

In this most recent incident, the worker was with two others in a soybean bin, and he “suffocated when his lifeline tangled in an unguarded and rotating auger,” according to the news release.

“OSHA investigators determined three workers, including the elevator superintendent, had been standing over the unguarded auger using a pole in an attempt to dislodge soybean debris in a grain bin that contained more than 50,000 bushels of soybeans sloped 12 to 20 feet up its walls.

“During its investigation, the agency found CPI failed to:

  • Disconnect a subfloor auger before allowing workers to enter.
  • Test atmospheric conditions in grain bins before allowing workers to enter.
  • Implement procedures to prevent sudden machine start-up or unintentional operation, a process known as lockout/tagout.
  • Install adequate machine guarding to avoid contact with moving parts.”

The Nebraska State Patrol on Twitter at @NEStatePatrol recently shared a news release that focused on being even more careful and aware of other vehicles than usual, which was the other motivation for today’s blog post.

Harvest is really ramping up just in time for the days to get shorter and machinery operators to be traveling to and from the fields at hard-to-see hours, especially dawn, dusk and at night. In addition, with the school year starting recently, more inexperienced drivers are driving with school permits on rural roads and might not be able to react as quickly as other drivers would anticipate.

“Combines, grain carts, tractors, and other agricultural implements typically travel at slower speeds,” according to the patrol’s news release. “Due to their dimensions and loads, operator visibility is often reduced. Motorists are reminded to be aware and utilize caution when approaching, following or passing farm vehicles.

“‘Harvest time means tall crops and often limited visibility at rural intersections,’” said Colonel Brad Rice, superintendent of the Nebraska State Patrol in the news release. “‘Motorists should also be aware of the possibility of wildlife moving around due to the increased activity in the fields.’”

Here are some of the firm’s previous blog posts with additional resources about agricultural jobs and workers’ compensation, grain-handling safety, and harvest.

Please take the time during harvest, and all of the time, to know and follow safety policies and procedures in agricultural jobs. If you’re an employer or manager, it is essential that workers are trained in and implement safety efforts, regardless of the hustle and bustle of the season, harvest or otherwise.

Make sure to contact an experienced workers’ compensation lawyer if you or a loved one has questions about a work-related incident or injury.

OSHA Fines Nebraska Railcar Almost $1 Million after Explosion

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

The incident referred to in this article was extremely tragic, as two workers were killed in April. Now OSHA has found that Nebraska Railcar Cleaning Services knew “that moments before the blast, an air quality check indicated a serious risk of an explosion. OSHA says that despite the warning, Nebraska Railcar Cleaning Services sent two employees into the railcar to work without monitoring the air continuously for explosive hazards as required, nor providing the employees with emergency retrieval equipment or properly fitted respirators.”

Sympathies continue to go to the loved ones of both Dallas Foulk and Adrian LaPour.

Nebraska Railcar Cleaning Services has been placed in OSHA’s Severe Violator Enforcement Program and fined $963,000 for “seven egregious willful, three willful, two repeated, 20 serious, and one other than serious safety and health violations.”

In addition, the article said the EPA is doing an investigation regarding the company’s hazardous-waste disposal.

For those who argue that businesses have safety and the best interests of their workers in mind, please read the article linked to above, and really think about that philosophy, especially when an explosion led to workers dying. Then read the quote from the article below and ask yourself about workplace safety again.

“This company has regularly failed to use appropriate equipment and procedures to keep their employees safe, and in this case it had tragic consequences,” Jeff Funke, OSHA Area Director in Omaha, said in a written statement. “The company needs to immediately reevaluate its procedures for entering and cleaning railcars.”

1,00 Walmart, J.C. Penney, And The Children’s Place Employees Dead After Building Collapse

On April 24, 2013, an eight-story factory, known as The Rana Plaza, in Bangladesh came tumbling down killing 1,100 workers and leaving 2,500 injured. This number includes workers and their children that were in the onsite nursery at the time the building collapsed. The most disturbing part is that the employers knew that the building was unsafe before it collapsed. In fact, the day before the accident, the building was evacuated due to structural cracks that could be seen throughout the building. The next day workers were ordered to return to work as usual.

In a complaint filed July 21, 2015 family members of some of the employees who were killed claim that the building’s owner failed to comply with the building codes that could have prevented the deaths of so many innocent workers. The plaintiffs in the suit are seeking compensatory and punitive damages for negligence and wrongful death.

The plaintiffs claim that the reason that the retailers could supply “garments at such a low cost was because the subcontractors often operated substandard and unsafe factories which put garment workers at significant risk of severe personal injury or death.” A few of the U.S. based employers that were located in this building are Wal-mart, The Children’s Place and J.C. Penney.

Read more here: http://www.courthousenews.com/2015/07/24/retailers-sued-over-2013-building-collapse.htm

Original Article posted on WorkersCompensation.com.