Category Archives: workplace injury

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Tragic Cannery And Construction Site Deaths Highlight Need For Safety Enforcement

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

I was horrified when I recently read about a worker for a tuna company who was killed when he was cooked to death at the company’s California canning factory. According to the New York Daily News, the worker, Jose Melena, was performing maintenance in the 35-foot oven when a co-worker failed to notice he was still in the oven and turned it on to begin the steaming process of the tuna. The co-worker assumed Melena had gone to the bathroom. 

While there apparently was an effort to locate the worker, his body was not found until two hours later when the steamer was opened after it completed its cooking cycle. As an attorney, my clinical instinct shifts my focus to the mechanics of the accident and to fault. There are so many unanswered questions.  Why didn’t anyone check the machine before it was turned on? Why wasn’t the machine immediately shut down when they realized the worker was missing? As a person with feelings and emotions, I think of the horror and pain he must have gone through and the loss experienced by his family and friends as a result of his death. It is almost too awful to imagine. 

While this terrible tragedy occurred in 2012, it appears the reason that the story is currently newsworthy is that the managers were only recently charged by prosecutors in the worker’s death for violating Occupational Safety & Health Administration (OSHA) rules. Closer to home, more recent and just as unfortunate were the cases of the construction worker in Brooklyn who fell six stories from a scaffold while doing concrete work and a restaurant worker who was killed in Manhattan when a gas explosion destroyed the building he was working in. 

These stories highlight why safety procedures are so important. In some cases, there are no proper safety precautions in place. In others, there are safety measures in place but they may not have been followed. In rarer cases, crimes are committed that result in workplace fatalities. The failure to follow or implement proper safety procedures was a calculated risk, a terrible misstep, or a downright criminal act. In the case of the worker who died when he fell from a scaffold, there has been speculation that he may not have been attached properly to his safety harness. In the tuna factory death, the managers were charged with violating safety regulations; they face fines as well as jail time for their acts. In the gas explosion, there are allegations that the explosion was caused by workers’ illegally tapping into the restaurant gas line to provide heat for upstairs tenants. Prosecutors were trying to determine criminality; whatever the final outcomes, it appears that in these three instances the deaths were preventable. 

According to OSHA rules, employers have the responsibility to provide a safe workplace. They must provide their employees with a workplace free of serious hazards and follow all safety and health standards. They must provide training, keep accurate records, and as of January 1, 2015, notify OSHA within eight hours of a workplace fatality or within 24 hours of any work-related impatient hospitalization, amputation or loss of an eye.  

While this may seem like a small step, anything that results in creating higher standards for employers or encouraging them to keep safety a priority is always a good thing. These three examples are only a small percentage of the workplace deaths that occur each year. While not every death is preventable, everyone is entitled to go to work and expect to leave safely at the end of their shifts.  

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.

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Death on the Job Annual Report from AFL-CIO Informative, Useful

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

The AFL-CIO’s annual report about “the state of safety and health protections for America’s workers” has been written about in a previous year on this blog. The recently released 2015 version focuses in an in-depth manner on data from 2013 and includes around 200 pages of text, tables, details and information, along with a bit of jargon.

The report is extremely informative, and Nebraska and Iowa’s numbers will be examined in more detail in future blog posts, as these are states where the firm’s attorneys are licensed.

The report can also feel overwhelming once a person processes through the fact the each numeral on each chart represents the death of one person due to the workplace. There is also a ripple effect, as each person represented here had loved ones who both cared about and relied on that person. And for many involved, their lives changed drastically when their loved one died.

I appreciate the work, funding, thoughtfulness and effort put into compiling and analyzing the data, which includes a methodology section at the end of the report.

Here’s some sobering information from the summary.

“In 2013, 4,585 workers were killed on the job in the United States, and an estimated 50,000 died from occupational diseases, resulting in a loss of 150 workers each day from hazardous working conditions.

“Nearly 3.8 million work-related injuries and illnesses were reported, but many injuries are not reported. The true toll is likely two to three times greater, or 7.6 million to 11.4 million injuries each year.”

States with the highest fatality rate in the nation include a couple of relative neighbors: North Dakota and Wyoming. West Virginia, Alaska and New Mexico round out the top five. Lowest state fatality rates in 2013 were Hawaii, Washington, Connecticut and Massachusetts (tied) and New York and Rhode Island (tied).

Please contact an experienced workers’ compensation lawyer if you or a loved one is hurt on the job or has questions about job safety.

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The Right to a Safe Workplace

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

Under federal law, every employee has the right to a safe workplace. If you believe your workplace is dangerous and changes in safety policy are ignored, you can request an inspection from OSHA (Occupational Safety and Health Administration).

Workers’ compensation, which is regulated on a state-by-state level, covers medical bills, lost wages, disability and vocational rehabilitation services for employees injured on the job. If you have any questions regarding these benefits, please contact an experienced lawyer in your area.

 If you believe you work in an unsafe work area, here are some tips to be aware of to make sure your workplace is as safe as possible, and you protect yourself from significant injury:

  1.  Know the hazards in your workplace.
  2. While in a seated position, keep your shoulders in line with your hips. Use good form when lifting.
  3. Injuries occur when workers get tired. Take breaks when you’re tired.
  4. Do not skip safety procedures just because it makes the job easier or quicker. Using dangerous machinery is the one of the leading causes of work injuries.
  5. Be aware of where emergency shutoff switches are located.
  6. Report unsafe work areas.
  7. Wear proper safety equipment.

If you are injured due to an unsafe workplace, and you are unsure of the benefits that you are entitled to, contact an experienced attorney in your area.

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Nanotechnology in the Workplace

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

During cancer research in 1986 an accident created the first man-made nanoparticle, an incredibly small particle which can absorb radiant energy and theoretically destroy a tumor. One type of nanoparticle is 20 times stronger than steel and is found in over 1,300 consumer products, including laptops, cell phones, plastic bottles, shampoos, sunscreens, acne treatment lotions and automobile tires. It is the forerunner of the next industrial revolution.

What is the problem? Unfortunately, nanoparticles are somewhat unpredictable and no one really knows how they react to humans. A report out of China claims that two nano-workers died as a result of overexposure, and in Belgium five males inhaled radioactive nanoparticles in an experiment and within 60 seconds the nanoparticles shot straight into the bloodstream, which is a potential setup for disaster. In a survey of scientists 30% listed “new health problems” associated with nanotechnology as a major concern.

Lewis L. Laska, a business law professor, wrote an article in Trial Magazine (September, 2012) in which he advised lawyers to become knowledgeable about nanoscience and be aware of the potential harm to workers and others who come in contact with this new technology, particularly because the EPA, FDA and OSHA have neither approved nor disapproved the use of nanostructures in products. It has been said that workers are like canaries in the cage (in mining operations), and if nanoscience is a danger then workers’ compensation lawyers will be the first to see it and appreciate it.

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Nursing Facilities Have Higher Incidence Of Workplace Injury Than Construction

Today’s post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

According to the U.S. Department of Labor Bureau of Labor Statistics “Workplace Injuries and Illnesses – 2010” report, the United States is becoming a safer place to work. In 2010, there were 3.1 million non-fatal work injuries reported. This translates to 3.5 injuries per 100 full-time equivalents, a slight decrease from the 2009 rate of 3.6 injuries per 100 full-time workers. The rate of injuries per 100 workers has been decreasing every year since 2002. In 2010, Iowa reported an above average number of work injuries, averaging 4.4 injuries per 100 full-time equivalent workers.

Of these 3.1 million injuries, nearly 76% (2.2 million) of injuries occurred in the service industry. Service jobs make up 82.4% of the labor market. Nearly 24% (0.7 million injuries) occurred in manufacturing industries, which make up 17.6% of the labor market.

Surprisingly, the state owned nursing and residential care facilities workers reported the most injuries at 14.7 injuries per 100 full-time equivalents. The industry with the most reported injuries in 2009, Local Government supported Heavy and Civil Engineering Construction, improved from 12.5 injuries per 100 full-time equivalents to 8.6 injuries per 100 full-time equivalents in 2010.

The statistics are encouraging, but I look forward to the day where there are no fatal workplace injuries, and where workplace safety is a primary concern for all employers and workers.

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Why Do Roofers Fall From Roofs? Is it just because of gravity?

Today’s post comes from guest author Jon Gelman from Jon Gelman, LLC – Attorney at Law.

This is a timely post as I just received notice that the Department of Labor and Industries investigated a fraud case against an employer in Lake Stevens, WA that did not cover his employees for workers’ compensation. This was not the first time the Department had contact with this employer for this same issue, either. This time, charges were filed and the employer was sentenced to sixty days in jail, converted to house arrest.

Roofers, of all workers, need their workers’ compensation coverage!

Today I received an urgent call from attorney representing a client in New Jersey who fell from a roof. Before she told me the job description of the injured worker, now in a coma, I correctly anticipated that it was probably a roofer who had fallen from a roof, yet again.

This scenario has played out in workers’ compensation claims for decades. How the accident happened is usually an argument with the employer. The employer claims that the employee was either intoxicated or not following safety precautions. My instinct always tell me that this is probably incorrect, since roofers tend to lose their balance and fall for many other reasons, including “gravity.”  Some reason a deprivation of oxygen and/or exposure to toxic neurological irritants contained in the roofing materials, and weather related events that make roofs slippery.

Continue reading

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PTSD and Police Officers at the Newtown Massacre

Today’s post comes from guest author Leila A. Early from The Jernigan Law Firm.

Washington State can provide coverage for PTSD or similar mental injuries but only under certain circumstances. As the author points out, there are similar coverage provisions in North Carolina.

Post-Traumatic Stress Disorder (PTSD) is a type of anxiety disorder that can occur after a person has seen or experienced a traumatic event that involved the threat of injury or death. In civil war battles a soldier may be sitting next to his best friend when a cannonball takes off his friend’s head. The horror of such events put some soldiers out of action. Similarly, police officers have a higher incidence of PTSD/Anxiety Disorders than the general public due to the gruesome scenes and situations that they witness in their occupation. Classic symptoms of PTSD fall into three main categories: (1) reliving the event (such as nightmares and flashbacks); (2) avoidance (including feeling detached, numb, and avoiding things that remind them of the event); and (3) arousal (including difficulty concentrating, startling easily, and difficulty falling asleep).

Some of the police officers who responded to the shootings in Newtown, Connecticut are suffering from PTSD, calling it the worst crime scene they ever walked into. They are suffering from severe emotional distress and shock and have been unable to return to work due to the trauma they witnessed. Unfortunately, PTSD is not covered by workers’ compensation in Connecticut. Therefore they have been forced to use vacation and sick time to cope with the situation.

Our law firm has represented multiple police officers who have developed PTSD as a result of the gruesome scenes and situations they have been involved in at work. Fortunately, PTSD may qualify as an occupational disease under North Carolina workers’ compensation law. Hopefully the Connecticut legislature will amend their statutes in light of the school shootings to help these police officers get medical care and get back to work as quickly as possible.

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Compensation for Secondary Smoke Inhalation

Today’s post comes from guest author Charlie Domer from The Domer Law Firm.

Washington has mandated smoke-free workplaces for several years now. Although claims for medical conditions related to prior exposures are theoretically possible, meeting the criteria for having an allowable claim can be tough.

In Washington, occupational exposure claims of any type can be allowed if there is a link between a medical condition and a work exposure AND if the exposure represents a distinctive condition of employment. In other words, if many people across the general population have similar exposures then the claim would not be allowed.

Feel free to contact us to discuss your circumstances and see if a workers’ compensation claim is possible for you.

Recent article indicates some public health departments are offering incentives to create smoke-free policies in buildings. The idea is to reduce the exposure to second-hand smoke.

While substantial strides have been made in many states to provide both smoke-free public places and smoke-free workplaces, the dangers of secondary smoke inhalation remain. Continue reading

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How Can Complex Regional Pain Syndrome (CRPS) Be Treated? (Part 2)

Treatments can vary as symptoms change over time.

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

CRPS cases can be just as complex and complicated as the condition itself. Contact Causey Law Firm for assistance if you, or someone you know, has CRPS and is dealing with an injury or disability claim with the Department of Labor and Industries and/or the Social Security Administration.

Today’s post is continued from last week, when we discussed the symptoms of Complex Regional Pain Syndrome (CRPS). Today we will discuss treatment options.

The job of your doctor is to identify and treat your symptoms before they become incurable. Common forms of treatment for CRPS are

  • physical therapy
  • injections
  • sympathetic mediated injections
  • sympathetic blocks
  • nerve conduction studies
  • CT scans
  • vasomotor studies
  • Doppler studies
  • bone-density tests
  • medications for pain & anti-inflammation

No single form of treatment has been found 100% effective.  Continue reading

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What Is Complex Regional Pain Syndrome (CRPS)? (Part 1)

Diagnosis of CRPS is made through process of elimination.

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

CRPS cases can be just as complex and complicated as the condition itself. Contact Causey Law Firm for assistance if you, or someone you know, has CRPS and is dealing with an injury or disability claim with the Department of Labor and Industries and/or the Social Security Administration.

Representing clients with chronic pain is both one of the hardest and most rewarding parts of my job.

The International Association for the Study of Pain sets forth four diagnostic criteria for Complex Regional Pain Syndrome (CRPS):

  1. an initiating event,
  2. continuous pain,
  3. edema, temperature, or color differences affecting a limb, and
  4. excluding all other causes.

These criteria are vague but, because diagnosis of CRPS is elusive, they are the established criteria for a physician identifying and treating chronic pain that cannot be attributed to any other cause.

When your doctor believes the pain you are experiencing is out of proportion to your examination findings and the severity of your injury, it creates a problem. However, this is quite common when suffering from complex regional pain syndrome. While those who suffer from CRPS are often frurstrated because the exact cause of the pain cannot be proven, the medical literature confirms that this disease, and the resulting pain, is real!

The 3 stages of complex regional pain syndrome, ie. chronic pain, are variable but the descriptions below show how the disease can progress: Continue reading