Workers' Compensation

Mercer Island Construction Firm Recognized by L&I for Safety Excellence

Bayley Construction in Mercer Island has been recognized with a safety and health award from the Department of Labor & Industries (L&I) for its exemplary safety and health prevention program at two worksites.

Bayley Construction is the first construction company — and only the sixth company in the state — to achieve recognition through the Safety through Achieving Recognition Together (START) program.

START recognizes workplaces with exemplary safety records that have shown a commitment to health and safety at work. It is modeled on a federal program.

Bayley Construction was awarded with START certification at its corporate office in Mercer Island and at its equipment yard in Bellevue.

“The goal of START is to showcase businesses with excellent safety and health programs as a way of encouraging other companies to improve their safety efforts,” said Lynda Stoneberg, Consultation Program Manager for L&I’s Division of Occupational Safety and Health (DOSH). “We hope the companies who earn START certification will share their experiences with other employers who might have safety challenges.”

To participate in the program, employers must have an injury rate below their industry’s average for at least one year and allow safety and health experts to visit the worksite and review workplace hazards, examine safety and health programs, and interview workers and managers.

“We are really proud of this recognition as we always want to be the best that we can be, and safety goes right along with that,” said Ron Bayley, Chairman and CEO.

L&I presented the certificate to the company at a special ceremony last month.

Bayley Construction has 75 employees at its Mercer Island headquarters, where it oversees company operations in three western states. At its equipment yard in Bellevue, employees are responsible for the mobilization and de-mobilization of project sites, inventory, tracking and maintenance of all hand and small tools as well as providing will-call services and pickup and delivery services for Washington project sites.

For more information on START, visit www.Lni.wa.gov/Safety/Topics/AtoZ/Start/ .

Uncategorized

Home building charity for wounded veterans questioned in lawsuit

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.khou.com

HOUSTON — Helping a Hero in West Houston is a popular charity: 100 homes built or in the works in 22 different states, but a lawsuit is publicizing an important clause in the housing contracts. And it’s a clause one Houston-area family says it didn’t know was there until their badly wounded veteran died.

We first told Hunter LeVine’s story four years ago. The Woodlands native was blinded by a roadside bomb in Iraq. Also suffering from a traumatic brain injury and PTSD he vowed to continue living as independently as possible.

Then in December of 2011, Helping a Hero awarded him a new home in Tomball. Built through donations all Hunter had to do was take out a $50,000 mortgage and the home was his. It is the standard shared expense agreement the charity uses for all of its projects so the veterans have a financial stake in the property as well. The total value of Hunter’s new home was listed as $168,000.

But last June on a trip to Florida, Hunter died suddenly. He suffered a heart attack in his sleep. He was just 25 years old.

"Hunter was very proud of this house. It made him feel safe,” said his father Beau LeVine.

A short time later Beau LeVine says he received notice that the charity had plans for the house. They were moving to exercise a clause in the contract that the LeVines said they didn’t even know was in the paperwork.

"It was almost like the decision was made moments after his death that she just wanted to get her house…

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Workers' Compensation

Are Firefighter Cancer Deaths an Occupational Disease?

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

Workers’ compensation has provided benefits or coverage for occupational diseases for generations. Occupational disease is defined by Nebraska law as: “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment and excludes all ordinary diseases of life to which the general public is exposed.” This is a typical definition of an occupational disease. Some examples of recognized occupational diseases are black lung disease for miners, mesothelioma for asbestos workers, lung disease for rubber workers, and leukemia for workers exposed to benzene.  

More studies are done to determine the cause of diseases as medical science advances. A recent study concludes that smoke and chemical exposure by firefighters may cause higher rates of cancer among firefighters. Firefighters, while usually healthier than the general population, have a higher incidence of cancer. More studies need to be done to determine if the peculiar exposure to smoke causes or aggravates cancer.

As medicine and science evolve, there may be more recognized “occupational diseases” and more workers and their families compensated for harm caused by the workplace.

Workers' Compensation

Mileage Reimbursement Set at 56 Cents per Mile for 2014

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

Getting reimbursed for mileage and travel expenses is often part of the medical process in a workers’ compensation claim. However, it’s essential to keep detailed receipts and have a plan for submitting those expenses in a timely manner.

The federal government has set the 2014 mileage reimbursement rate to 56 cents per mile. This rate was effective Jan. 1, 2014. This is a decrease from 56.5 cents per mile last year, but the price of gasoline is also slightly cheaper.

Generally speaking, the federal rate changes annually. However, when gas prices went soaring in 2008, a mid-year increase went into effect.

As a reminder from a blog post that firm partner Todd Bennett wrote in 2011, injured workers can be reimbursed for activities such as “travel to seek medical treatment, pick up medications, or while participating in a vocational rehabilitation plan.”

The best way to do this is to work with your attorney and legal assistant to keep track of all mileage. This can include appointments for Independent Medical Exams (IME), too. Then your attorney can help you get reimbursed. 

It is often essential to save receipts and keep a record for yourself of your doctor’s visits and other reimbursable trips, including physical therapy and trips to pick up medication. Providing that log to your attorney and saving receipts incurred from specific doctor visits and other reimbursable trips creates a “narrative” that makes it easier to justify those expenses.

Because money is always tight for injured workers, contact an experienced workers’ compensation attorney if you have questions about a specific situation.

employment law, workplace safety

OSHA Claims Backlogged Due to Increased Online Filing

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

OSHA’s recent decision to allow employees to file whistleblower cases online has led to a large increase in filings. According to OSHA investigators, this increase in filings hasn’t been met with a proportionate increase in staff. There is now a large backlog in OSHA claims. One investigator estimated it takes over 400 days for OSHA to conclude investigating claims.

The delay created by the backlog hurts investigations for many reasons. Witnesses become unavailable, and recollections of events change. Unscrupulous employers also can use the delay to hide or destroy documents and intimidate witnesses.

Of course, employees who feel they have been retaliated against oftentimes have the option of filing a state or local fair employment agency claim on the basis of retaliation. Employees might also have the option of filing for retaliatory discharge without filing a fair-employment case, as is oftentimes the case if they are fired for filing workers’ compensation. However, this summer the U.S. Supreme Court likely made many types of retaliation cases more difficult to win with their decision in the Nasser case. The court ruled in Nasser that employees claiming retaliation cases under federal Title VII must prove that exercising their rights under Title VII was a “but for” cause of their termination.

But under whistleblower laws under OSHA – such as the Surface Transportation Assistance Act (STAA), which protects interstate truckers, and Dodd-Frank, which protects workers in the financial services industry – an employee must only show that their report of illegal conduct was a contributing factor to their termination.

Employees with a retaliation case should consult with an experienced employment attorney to determine the best forum for any wrongful-termination case.

Safety, safety rules, Safety violations, Worker Safety, Workplace Accidents, workplace injury, workplace safety

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.

WSAJ

Understanding Your Auto Insurance – Online Flip-Book

The Washington State Association for Justice (WSAJ) has released their publication “Understanding Your Auto Insurance” as an online flip-book. This booklet explains the various components that make up auto insurance coverage, including liability coverage, personal injury protection (PIP) coverage and underinsured motorist, collision and comprehensive coverage options. Details about who is covered under a policy and what the policy may cover are outlined. Steps to take if an accident occurs are explained in detail, as well.

This booklet is a great resource and should be on everyone’s required reading list.

Workers' Compensation

Facebook Pictures’ Use Evolving in Workers’ Compensation Cases

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

We routinely advise our clients to be aware of the possible discovery of Facebook and other social media sites. First step – check your privacy settings. If you do not control your privacy settings, your employer or the insurance carrier may easily access your posts. Also, do not post comments about your case, your employer, or your injury online.

In the past, I have warned about the possible pitfalls of social media on a workers’ compensation claim.

However, the Nebraska Workers’ Compensation Court has never really ruled on Facebook in the context of discovery matters in a work comp claim, meaning how much access can your employer have to your Facebook account if you file a workers’ compensation claim? 

Recently, however, the Nebraska Workers’ Compensation Court (at least one judge) has taken the position that in order for your employer to gain access to photographs from your Facebook profile, it must “make a showing of the necessary factual predicate underlying [the] broad request for access.” In other words, your employer must have a decent reason to suspect that a certain photograph or something from your Facebook account has the potential to be relevant to the work comp case before the court will simply grant full access to your Facebook account to your employer.

Therefore, depending on your situation, your Facebook may be safe from your employer to some degree. However, this is a cautionary tale to remind you that even though your employer cannot simply have blanket access to all of your Facebook photos – at least according to one Nebraska judge – it does not mean that your Facebook photos or posts are necessarily safe from your employer gaining access to them at some point during your work comp case. I think the judge in this case takes a step in right direction, but you still must be aware that anything you put on Facebook may be subject to discovery (i.e., your employer may still possibly get access to it) at some point in the future.

DLI

Pierce County, WA Landscaper Charged with Skipping Out on Workers’ Comp Coverage

          A Pierce County, WA landscaper has been charged with failing to pay workers’ compensation insurance after one of his employees was injured on the job.

           Kenneth Ivan Winters, 49, faces one count of doing business without workers’ comp insurance and seven counts of making false reports to the Department of Labor & Industries, according to charging papers. Each charge is a Class C felony with a maximum penalty of five years in prison and a $10,000 fine.

           The Lakewood man pleaded not guilty to the charges Wednesday, February 19, 2014 in Pierce County Superior Court. His trial was set for May 1.

           According to charging papers filed by the Washington Attorney General’s office, authorities were alerted to the case when an employee filed an on-the-job injury claim while working for Winters’ business, Executive Lawn Care, in October 2012.

           The worker told an L&I investigator that Winters, who was on site when the employee was hurt, threatened him and his family if he filed a claim with L&I, charging papers said. The employee said he had worked for Winters from 2002 until the day he was injured.

           Winters’ workers’ comp coverage had been revoked eight months earlier for failing to pay premiums. However, charging papers allege, he continued to employ the worker full time until the injury. Winters told an L&I investigator he started the business in 1990, and at one time had up to six employees. He said business slowed and his main employee was the worker who became injured, and occasionally the worker’s brother.

           As of Jan. 7, 2014, the employee’s claim has cost L&I more than $67,000 in medical expenses and lost wage payments, charging papers said.

           Businesses that don’t pay workers’ comp insurance gain an unfair advantage over companies that pay their fair share. A 2007 study found that an estimated 55,000 employers skipped out on paying $34.5 million in workers’ comp insurance in Washington state in 2006, causing legitimate employers to pay higher premiums.

         Washington state is one of the few states in the nation where employers and workers both pay a share of the workers’ compensation premiums.  The press release from the Department of Labor and Industries did not indicate whether this worker’s payroll deductions had continued even when his workers’ compensation coverage had lapsed.  If this was the case, this employer’s fraud would represent wage theft, as well.

         

Politics

The State of the Union – – Candy-Coated Visions of US “Exceptionalism”

Unemployed men queued outside a depression soup kitchen opened in Chicago by Al Capone

           This short piece has nothing to do with workers’ compensation. It does have much to do with US workers. In the recent State of the Union speech, and its accompanying hoopla, President Obama and the Republican “counterpoint” presenters predictably extolled the underlying greatness of the good ol’ USA, essentially ignoring the primary rot to our nation that has occurred during my adult lifetime.

           Few in our national power structure – – either on the left or right – – want to acknowledge the devastating impact of income and asset inequality on our core social, economic, and political values. Occasional bursts of activity here and there to raise minimum wages to realistic levels chip around the edges of the problem. But until there is the political will to rebuild our decaying infrastructure, rethink our hemorrhaging defense budget, and massively transform our taxation scheme in this country, the future is not a rosy one.

           Some factoids underscoring the problem were recently outlined in Rolling Stone magazine:

  1. The amount of new income generated since 2009 going to the top 1%: 95%

  2. Financial wealth controlled by the bottom 60% of all Americans: 2.3%

  3. Record combined wealth of the top 400 richest Americans: $2 trillion

  4. Real decline in median middle-class incomes since 1999: $5000

  5. Federal minimum wage: $7.25

  6. What the minimum wage would be if it kept pace with worker productivity since 1968: $21.72

  7. Number of US workers earning at or below minimum wage: 3.6 million

  8. Taxpayer subsidies to the fast–food industry to pay benefits to fast-food workers earning poverty wages: $7 Billion

  9. US defense spending in 2012: $682 billion; amount spent by China, our nearest plausible military rival: $166 billion

  10.  Federal deficit in 2013: $680 billion

  11.  Official unemployment rate: 6.7%

  12.  Unemployment rate which includes Americans who have given up looking or only have part-time employment: 13.1%

           That there are at least some stirrings of recognition here and there of the corrosive effect of these conditions on our way of life is a somewhat hopeful sign. However, don’t count on the national media – – owned by six or seven behemoth corporations – – to elevate this conversation above the whispers and murmurs below. This issue usually only gets its attention, as recently occurred, when some clown–like multibillionaire capitalist equates complaints about the ultra-rich to the attacks on Jews in Nazi Germany. And every so often a former corporate “insider” or CEO will blow the whistle on his cronies, such as acknowledging that since 1950 the ratio of CEO to employee pay increased by 1000% and that these execs sit on the governing boards of companies dramatically underperforming against the market while they draw millions for the “value” of their “expertise.”  But, it will take a sea-change in the political representation of the economic underclass – – that is, of about 90 to 95% of the population – – before anything happens.   

           But we’re the greatest, aren’t we?! A Canadian journalist recently authored a book entitled Merger of the Century in which she proffered the merger of Canada with the United States as the solution to both countries’ problems. This thesis prompted another well-known Canadian columnist and author to react and observe some reasons not to take this course:

            “Over the past decade, the US has debased its currency and destabilized the world financial system, thanks to venal and incompetent Wall Street tycoons. Its foreign-policy has lost its way into costly wars that have made the world less safe, not more. American education and health care are both outrageously expensive and deliver relatively poor outcomes while its once–admired justice system has become a conveyor belt into the bloated and corrupt prison system. Absorbing Canada would be great for the US – – it would gain an immense source of natural resources and an infusion of some 34 million educated and law-abiding citizens. But Canada is by every measure a better–governed country than the US. So why would Canadians want to take such a great leap backward?”

           So, will the general public of this country actually find the willpower to insist we do what is needed to make the USA the truly exceptional place it was 50 years ago? Or are we just going to sit around mouthing the words and beating our chests about past glories?

 Photo credit: Unknown or not provided / Foter / Public Domain Mark 1.0

Published by Causey Wright