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Phoenix Workers' Compensation Law Blog

Appeals court allows social media photos as evidence

Social media has quickly become a mainstay in many of our lives. We are often quick to post status updates to inform friends and loved ones of our new favorite book or upcoming vacation plans. We also enjoy sharing photos of events that occur in our lives. However, for one man, the pictures he posted to various social media sites proved to be detrimental to his workers' compensation case, and may be something for Phoenix residents to take note of.

A man's workers' compensation claim appeal has been shut down following the allowance of Facebook and MySpace photos as evidence. The man, who suffered a work injury when a refrigerator fell on him, was seeking to have his disability benefits extended.

Families sue after two teens each lose a leg at work

Workplace injuries can happen at any time and at any age. Even young teenage workers can be affected by the dangers of on-the-job injuries. A recent story about two teens injured while they were at work may be of interest for Maricopa County residents.

The families of two teens who suffered severe injuries at work are suing the business where the teens were employed. The two teenagers, both 17, worked at a grain company. They were operating a grain auger on August 4, 2011 when one teen got his leg stuck in the auger. The other teen also became trapped while trying to get him out. The teens were both flown by medical helicopter to the hospital where they were listed in critical condition. Each young man lost a leg.

New study: Occupational illness and injury cost billions

According to a new study from a UC Davis researcher, occupational illness and injury could be costing the U.S. $250 billion each year. That estimation is based on data collected in 2007, adjusted for inflation. If accurate, work-related injury and illness costs are $31 billion higher than direct and indirect costs for the care of all cancers and $76 billion higher than diabetes.

Surprisingly, workers' compensation covers less than one quarter of the costs of workplace injuries and illnesses. The remainder of the costs is covered by employer-provided medical insurance and government insurance assistance such as Medicare and Medicaid.

Suspected marijuana use enough to deny workers' comp

When an injury or illness is due to a worker's employment, the employee may be entitled to compensation. During the hearing to determine eligibility for workers' compensation, a judge will listen carefully to your case and review the facts leading up to the incident. Many factors can play into a successful claim, even some which may not seem related to your actual employment. Arizona workers who have been affected by an on-the-job injury or illness may be interested in the following case.

A state Court of Appeals ruled that two workers were rightly denied workers' compensation after an accident at Bull Shoals Landing, a landing on the lake where the men were employed. The accident in question occurred in November 2007 when the two men tried to open a barrel of marine oil with an acetylene torch. An explosion engulfed both men in flames, which they extinguished by jumping into the lake.

Workers' comp study shows difference between fee schedules

Workers Compensation Research Institute, a not-for-profit research organization, released a new study called the Hospital Outpatient Cost Index for Workers' Compensation. They studied data across 17 states in order to provide policymakers and others affected by workers' compensation with a tool to better understand hospital costs. The 17 states included in the study represent 60 percent of all workers' compensation paid in the United States. And while Arizona was not included in this specific study, the details of the findings will still interest workers here in the state.

The period studied workers' compensation paid for hospital outpatient/ambulatory surgical center procedures from 2003 to 2009. The services they focused on are the most common surgeries performed in workers' compensation cases. Of all outpatient costs, surgery-related costs make up approximately 60 to 70 percent.

Workers exposed to mercury receive government payment

Workplace accidents and illnesses can happen anywhere and at anytime. Some instances are due to faulty equipment, lacking the necessary upkeep by employers. Others are due to repetitive actions made by the worker during their course of employment causing temporary or permanent injuries. Arizona residents may be interested in reading about just some of the dangers that workers were exposed to during the advent of nuclear energy use.

During the Cold War, working in the nuclear field was dangerous. Although hazards at the workplace were known and precautions were made, many workers still became ill from materials handled during the nuclear process.

Should athletes receive workers' compensation?

In light of some recent lawsuits involving the NFL, multiple issues have come to the public's attention. Among them are the correlation between concussions and dementia, the high risk to athletes of all ages and the status of athletes as employees entitled to workers' compensation.

Though young athletes may seem invincible, they are actually more susceptible to chronic traumatic encephalopathy, a progressive brain disease caused by repeated head injuries such as concussions. Young athletes may experience more severe damage than older athletes because their brains are not fully mature.

Workplace safety saves money and morale

For most businesses, money is the bottom line. Many business owners may see safety programs as a chore required by law, but upon further inspection, safety programs could save businesses money and enhance workplace culture. Enlisting the aid of a safety expert can help save companies money in lost labor and other costs as well as avoid fines from the Occupational Safety and Health Administration.

When an employee is out of work due to an injury, a company can lose money even if the injury is covered by workers' compensation. Costs can pile up when considering lost productivity, replacement worker training and diminished efficiency within the worker's team. These losses do not even include the subsequent rise in insurance premiums. As an expert in business safety strategies points out, if a company has a 10 percent profit margin and loses $2,000 due to costs mentioned previously, the company must turn around and sell $20,000 in product to make up for that loss.

Preventable mine disaster -- $10M fine, $200M settlement

Arizona workers employed in jobs that tend to have a higher risk of workplace accidents such as construction, manufacturing or mining, trust in their employers to make sure their workplace environment meets safety standards. Companies in these industries are responsible for ensuring all safety equipment is available and functional. They are also responsible to make sure that all employees are trained properly for their positions. It is when companies neglect to meet these standards that tragedies occur.

A mining accident that federal investigators said was preventable has resulted in more than $10.8 million in fines and a $200 million settlement. Twenty-nine miners were killed and two were injured in the Upper Big Branch mine disaster. The accident carries the largest penalty of any mining accident; the largest penalty prior to this one was $2.3 million in a 1993 machinery accident that killed four workers in an Arizona copper mine.

Teacher falls at school, ends up in hospital

A high school teacher in Arizona was in a hospital recovering from a 20-foot fall two weeks ago. The injuries sustained in the school's gymnasium, a fractured leg and broken jaw, required two surgeries. Recovery will require rehabilitation, but according to the district superintendent, most of her expenses should be covered by workers' compensation because it occurred in the workplace.

The teacher involved in the accident currently teaches physical education and health, and she was previously the girl's basketball coach. According to the district superintendent, she was using a lift to reconnect a speaker on the gym ceiling. On the way down, the lift became unstable and the teacher fell.

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