California has long been thought of as the "state of last resort" for football players with serious injuries. That is because the legal structure in that area recognized "cumulative trauma," consisting of chronic injury to body systems that result in musculoskeletal disorders and other problems. Currently, athletes, some of whom have never played in California, are entitled to sue there and in their home states. A new bill has been introduced to close this loophole; opponents of the measure say it could cause scores of athletes to lose their chance at compensatory medical care that they deserve.
]]> Each year, Arizona football teams and others throughout the nation collaborate to decide on an estimate for their worker's compensation claims. Because of the legal benefit of filing in California, however, owners there tend to lose more money than other clubs, simply because athletes are more likely to recover damages. What might cost an Ohio team $500,000 would cost a California team $3.5 million, for example.California appears to be the last battleground for the fight to move the workers' compensation system into a single pool, where teams could draw out the amount they need annually. It is clear that West Coast owners are paying more into the system at this time, if only because of the current law's permissibility and protection of NFL players.
You don't have to be an athlete to get injured at work. If you have suffered musculoskeletal injuries or other ailments, contact a qualified workers' compensation attorney to discuss your legal options and get the money you deserve.
Source: sportsillustrated.cnn.com, "States, ex-players trying to level playing field on workers comp" Jim Trotter, May. 07, 2013
]]>Officials report that the man was one of three injured in a hose accident at the NACFD station on Northern Avenue in Kingman. The men were pressure testing a hose when it burst. All of the men suffered head injuries because they fell to the floor after the blast. One of the men was back to work within a relatively short time, while the other has filed for medical disability benefits with the state. The latter worker is likely to retire because of injuries sustained during the incident. He is still under the care of a workers' compensation physician.
]]> The third man, however, failed to file the appropriate paperwork that would have allowed him to continue with his workers' compensation benefits. He was required to submit medical records and other releases related to his medical treatment. Even though the man was given several extensions, he failed to take the necessary actions to continue his care. As a result, he was given a total of 60 days' unpaid leave to take care of the medical matters; after that, he was fired from his job.The man said he had filed paperwork with the state, but neither government officials nor the man himself could provide evidence of those submissions. He is also unable to prove that his physicians approved him to return to work. Ultimately, it appears that this man needs the assistance of a qualified workers' compensation attorney who can help him understand the process required for reinstatement. His attorney could help him understand his rights and responsibilities under the law.
Source: kingmandailyminer.com, "Hearing: NACFD fireman can't show he's fit for duty" Doug McMurdo, May. 02, 2013
]]>Officials from state occupational safety and health agencies say there’s a ready explanation for this phenomenon: More inspectors are transferring into preventive task force roles. For example, free consultations are provided to small and at-risk businesses to help them comply with state and federal regulations. Experienced inspectors are increasingly seeing more work in that capacity than in formal inspections, according to the acting director of the Arizona Division of Occupational Safety and Health.
]]> Still, union workers and other advocacy groups say workplace safety needs to be improved throughout the state, a condition that should require a more experienced inspector force. Many workplace deaths could have been prevented if experienced inspectors were on the job. Instead, incidents like the 2012 death of a construction worker in Pima County, seem to dominate news reports.In 2011, Arizona experienced 65 workplace deaths, about a third of which were related to vehicles and transportation. That same year, Arizona inspectors completed just 913 inspections, falling far short of their initial target of 1,400 annually.
Arizona is one of a coterie of states that manage their own safety program independent of OSHA. Numbers show that these states’ inspectors have a much higher turnover rate, largely because private industry jobs are more lucrative. Additionally, inspectors are often funneled into preventive programs for high-risk businesses, removing top-notch employees from their functions in the field.
Inspection is a critical component to maintaining workplace safety and health. If you have been injured at work because of your employer’s oversight, you should consider contacting a qualified workers’ compensation attorney. You may be entitled to additional compensation for your pain and suffering, emotional distress or other civil claim.
Source: cronkitenewsonline.com, "GAO: Arizona safety inspectors have among highest turnover in nation" Mary Shinn, Apr. 29, 2013
]]>The strategy was developed in response to a series of miscommunications at an Arizona mine in 2012, during which a massive hauling truck ran over a smaller vehicle, killing one occupant and severely injuring two more. The driver of the larger vehicle could not see the smaller truck because of the configuration of the hauler.
]]> Workplace accidents at mines are rarely caused by a single problem; rather, a confluence of issues generally arises to create the "perfect storm" for a fatality. Computer scientists and safety analysts said that multiple factors contributed to the hauler accident.Mining continues to be one of the most dangerous industries in the nation, with fatality rates persisting despite analysis of individual accidents. Mining companies continually assess the factors that contribute to these accidents, attempting to implement preventive measures to protect their workers. The video game will provide another line of defense in an industry that requires constant vigilance among often exhausted and overwhelmed workers.
The game provides specific scenarios, requiring miners to react to real-life accidents that have occurred at mines throughout the nation. Previously, the information had been provided in a written format for miners' consideration; now, though, an interactive experience can make the training more impactful. As miners get more practice making the difficult decisions that could save their lives, they will become more comfortable responding to dangerous contingencies.
Game programmers say they are trying to make the simulation as realistic as possible by including humorous interactions, among other subtle touches.
People who have been injured in mining accidents may be eligible for financial redress through workers' compensation and civil rulings. Qualified attorneys can help provide legal assistance to protect your rights during this process.
Source: Futurity.org, "Video games prep miners for danger," Shelley Littin, April 15, 2013
]]>Exposure to silica, or sand, is one of the oldest known workplace hazards. Silica exposure has been traditionally attributable to specific occupations such as mining, construction and manufacturing, but it is now making an appearance on the oil fields. Abatement measures for sand exposure include personal protective masks and dampening soil to prevent dust.
]]> Visible dust on the fracking sites poses huge dangers to workers in the industry, according to safety professionals. Workers who breathe in too much sand are at risk for serious diseases that include silicosis -- a potentially fatal respiratory condition -- along with various types of cancer.Even though industry professionals thought that toxic chemical exposure would be one of the most hazardous risks for workers at the fracking sites, silica appears to be the true danger. One safety expert conducted experiments at 11 sites throughout the nation, determining that sand exposure is, in fact, a serious problem at these sites. Nearly 80 percent of air samples collected showed that workers were breathing in too much silica. One-third of the total samples collected showed silica levels that were too high to be combatted with simple respirators.
Union leaders and workplace safety advocates are beginning to campaign for improved health protections at the fracking sites. Workplace inspectors from OSHA were not aware that fracking carried such a danger, largely because few studies had been completed to examine the health hazards associated with the process.
Fracking workers who have contracted dangerous conditions such as silicosis and other respiratory ailments may be entitled to workers' compensation funds. This money could be used to pay for medical bills and lost income, along with potential compensation for disfigurement.
Source: KNAU, "Sand from fracking could pose lung disease risk to workers," Nell Greenfieldboyce, March 29, 2013
]]>Authorities report that the accident happened at about 7:45 a.m. on March 31, as a generator component was being moved for routine maintenance. The cylindrical shaft was being removed from a turbine unit on the nonnuclear side of the facility when the accident occurred. Three injured employees were rushed to local hospital facilities before being transferred to a regional medical center in Russellville, Arkansas. The deceased employee seems to have been declared dead at the scene.
]]> Safety officials say little information is available about the plant-related death and injuries, but they confirm that radiation was not a factor in the accident. The condition of the three employees remains unknown at this time, as safety investigators begin to examine activities that may have contributed to the tragedy.The plant shut down automatically after the incident. It remains in stable condition but appears to still be inoperable.
In this case, the family members of the decedent may be able to seek financial compensation from Entergy in connection with the tragedy. Many people may think workers' compensation is just for people who are injured on the job, but workers' compensation funds are available for relatives of people who die at work as well. This financial restitution could include claims for pain and suffering, emotional distress and other civil liabilities.
Workers' compensation funds will also be used to pay for the three injured victims' medical bills. If the workers are permanently disabled, they may also be able to recover financial damages for disfigurement. The employees' ability to recover those additional funds is contingent on the severity of their injuries, among other factors.
Source: Bloomberg, "Entergy says Arkansas nuclear power plant accident killed one," Naureen S. Malik, March 31, 2013
]]>Many workers who perish in grain silos are young, most of those in their teens. These youngsters are not aware that safety rules exist to protect them from the dangerous practice known as "walking down grain." Workers are told to enter the grain silos without using fall protection, often toting shovels and pick to pull the corn from the sides of the storage towers.
]]> A whopping 26 people died in suffocation incidents in 2010, the highest rate in decades. Hundreds more were trapped in silos but survived. Other grain storage facilities, including wagons and bins, are not exempt, with scores of victims trapped or killed every year.Among the 946 people caught in grain since 1964, 20 percent are younger than 18.
Agricultural operators have been intentionally ignoring OSHA rules for decades, according to inspectors, an issue that is now costing more lives than ever. One Midwestern facility was fined $555,000 for 25 safety violations that led to the recent deaths of two young workers. In fact, four people employed at that facility were too young to be exposed to hazards such as grain bins. The company has since dissolved.
Workers in these conditions often say that they have not received adequate safety training. These tragedies are likely to continue throughout the nation's grain storage facilities unless occupational safety inspectors can begin to issue more severe penalties. The families of the deceased teens would certainly rather have their children than a workers' compensation settlement.
Source: The Center for Public Integrity, "Worker suffocations persist as grain storage soars, employers flout safety rules," Jim Morris, March 24, 2013
]]>The man was working with another employee to load two of the massive cylinders onto a truck. One of the cylinders rolled off the back of the truck, crushing the victim beneath its bulk. The man was transported to a local hospital, where he was pronounced dead. The man had worked for the company, River Parish Maintenance, for 33 years, according to media reports.
]]> This is the first death at the company during its 43-year history, said business leaders.This situation likely resulted from poor safety provisions at the man's workplace. The cylinders should have been safely secured before additional loads were added onto the truck. It is possible that the cylinders were not properly secured because of equipment failure. Straps holding the cylinder could have broken, for example.
It is not clear whether work practices contributed to the accident. Human error could have played a role. For example, the workers could have forgotten to strap down the cylinder, or they may not have been properly educated about safety procedures. Some veteran workers tend to adopt a cavalier attitude toward safety, sometimes bypassing critical procedures. It is the company's job to make sure that those people understand the importance of cautious work practices.
The company in this case could receive fines from the Occupational Safety and Health Administration. In addition, the worker's family members are entitled to workers' compensation benefits, which are paid even if a worker dies on the job. Relatives could also sue the company for wrongful death and other civil claims, such as pain and suffering and emotional distress. Suits could be filed against both Shell and the man's direct employer.
Source: St. Charles Herald Guide, "Man killed in workplace accident at Shell," Jonathan Menard, March 14, 2013
]]>Authorities report that the lion had been fed before he was contained in the small cage. The lion reached its paws beneath an improperly closed latch and then worked its way loose. A coworker was talking to the woman on her cell phone shortly before the attack; the coworker became alarmed when the woman failed to call back. She then alerted authorities.
]]> The victim's body was bitten and harmed after she was killed by the initial blow. The animal was shot because it continued to harass the corpse.The 24-year-old woman had been volunteering for two months at the enclosure east of Fresno. The 100-acre establishment, known as Cat Haven, maintains a population of exotic animals including lions, tigers, lynx and other cats.
Workplace safety at the facility has been called into question because of potentially lacking procedural documents. Cat Haven has not yet provided any information about the warnings and safety training that had been provided to its workers and volunteers. The USDA is looking into the matter as well, because that organization enforces the Animal Welfare Act. Still, inspectors from the USDA had never found violations even after multiple inspections every year.
Cat Haven does not maintain the voluntary certification that is available through the Association of Zoos & Aquariums, nor does it hold accreditation through the Global Federation of Animal Sanctuaries.
The woman's family could sue the facility for wrongful death, particularly if Cat Haven's safety procedures are lacking according to occupational safety and health authorities. They could also seek financial compensation for emotional distress and pain and suffering, among other claims.
Source: WRBL, "Lion killed intern as she was cleaning enclosure," Tracie Cone & Gosia Wozniacka, March 7, 2013
]]>The laboratory is part of the state's Department of Labor initiative to lower workers' compensation rate and increase employee safety. A classroom in the department's headquarters is designed to house 50 people per class. That room is high-tech, but the building's laboratory is the real draw.
]]> The laboratory includes several independent stations designed to help people learn how to use safety equipment and prevent injuries. Employees, owners and even members of the general public can practice safety procedures in real-world environments. Construction workers learn how to use fall-protection equipment and inspect it for failures. Forklift drivers learn about appropriate operations techniques. Workers at the laboratory have even outfitted a station for desk-bound workers to help them understand the importance of ergonomic movements.Students can also put out a simulated fire with an extinguisher, practice working in confined spaces and review electrical safety with one of the many panels available for use throughout the facility.
Government officials have praised the efforts of the state's Department of Labor. Employees at the laboratory say they just want to provide workers with the knowledge necessary to stay safe on the job. Workers should be able to return home in one piece every day, secure in their safety and procedural knowledge.
Not only does the lab help prevent injury, but it also cuts down on workers' compensation costs throughout the state. Employers who have fewer accidents generally pay lower insurance premiums, a situation that benefits both the entire industry and the individual workers. As workplace leaders become more aware of the benefits of such intensive safety training, worker injury will hopefully become a thing of the past.
Source: WCSH, "One-of-a-kind laboratory helps teach work place safety," Tim Goff, March 1, 2013.
]]>C&H Die Casting was part of an intensive inspection program designed to funnel inspection resources into the nation's most risky workplaces. Inspectors found a variety of problems at the plant, including lack of machine guards on saws, rotating belts and pulleys. Machine guards are the first line of defense against injury in many cases, preventing workers' hair and body parts from being sucked into working machines. The guards are generally inexpensive and easy to install.
]]> Additionally, the company faces penalties for poor management of electrical equipment. Electrical equipment and cords were not properly installed or maintained. Furthermore, the company was cited for a slew of slip, trip and fall hazards. The facility reportedly was found to have uncovered holes in its floor, and workers were not provided with proper fall protection while they were servicing machines.In all, C&H's 24 serious violations could cost the company $112,500. Occupational Safety and Health Administration representatives say they are pleased that the inspection caught so many problems before employee injury occurred. OSHA officials say supervisors and company owners are responsible for keeping their work environments hazard-free. In this case, they clearly jeopardized the health and safety of their workers.
Luckily, no one was injured by the violations in this situation. A worker could have very easily lost a limb to one of the unguarded machines. This could result in amputation and permanent disfigurement. In that situation, workers' compensation would be required to pay for the employee's medical bills. The fund could also be called on to provide financial compensation for the worker's permanent disability as a result of the accident.
Source: OSHA, "US Department of Labor's OSHA cites C&H Die Casting Inc. in Troy, Texas, for exposing workers to electrical, machine guarding and fall hazards," Elizabeth Todd & Juan Rodriguez, Feb. 22, 2013
]]>Authorities report that the man was severely injured when one of the large poles unexpectedly swung into the rear end of the crane. The crane toppled over. Even though the man was trying to get away from the crane, his feet caught on the structure and he ended up plummeting headfirst to the ground.
]]> Emergency responders said the man was severely injured when they arrived. He had sustained head injuries and internal trauma, and he had to be resuscitated using CPR. The 55-year-old man was transported to medical facilities via helicopter, but his injuries were so severe that he soon died.The cause of the accident is still under investigation, and no penalties have yet been enforced against the man's employer. It is not clear whether a mechanical malfunction or human error caused the incident. OSHA officials anticipate that the investigation will be completed by the six-month deadline, which should arrive in July.
Crane accidents have been ubiquitous in recent years, with scores of construction workers dying because of poor training and failed equipment. As a result, OSHA instituted new crane operation rules within the past several years, but the crane injuries and deaths persist. Even small cranes can be hazardous because of their strange center of gravity and vulnerability to topple. The man's family should consider filing a workers' compensation claim to provide them with financial relief after his tragic and untimely death. Workers' compensation is available to surviving family members of deceased employees. They may also consider civil action for wrongful death due to negligence.
Source: Today's News-Herald, "Local crane operator dies of injuries sustained in fall," Jayne Hanson, Feb. 13, 2013
]]>A woman who worked at a tribal casino in Arizona injured herself while moving a box from atop a cabinet. The worker reportedly sustained injuries to her neck, lower back and knee when she fell. A claim investigation determined that the woman was an employee of the tribal enterprise, the entity that would be responsible for her workers' compensation claim. The Native American tribe paid the woman $45,000 for her medical bills and lost work time.
]]> After receiving the funds from the tribe, the woman attempted to collect additional money from the state under Arizona workers' compensation law. This would, in effect, allow the woman to receive compensation for the same injury twice. Arizona judges ruled that the woman was only permitted to receive workers' compensation from the tribe because she is employed at the casino. Native American tribes are seen as independent and sovereign entities; the woman was prohibited from seeking further compensation from the state government.The ruling has significant implications for workers who are employed at Native American enterprises, including casinos and other tourist attractions. Tribal workers are effectively prohibited from seeking compensation from the state of Arizona, assuming that workers' compensation claims have already been paid through the tribe.
Areas with large populations of Native American tribal residents should be aware that workers' compensation laws will be different than those of other municipalities. If you have been injured at work at a tribal organization, you should contact a qualified attorney to help you navigate the complicated workers' compensation claim system.
Source: Risk & Insurance, "Indian casino employee can't receive double compensation," Feb. 11, 2013.
]]>Inspectors report that the man was struck by a bucket shovel that came loose from a piece of excavating equipment. The bucket had not been properly secured to the equipment, posing a serious safety hazard to nearby workers. OSHA officials say the quick couplers used to attach the bucket to the equipment have been blamed for a number of deaths throughout the country, with trench workers continuing to suffer for inadequate safety procedures.
]]> The employer should have inspected the quick-coupling mechanism to ensure that it was safe and secure before proceeding with the task. In addition, the worker who died should have received training explaining the hazards of working beneath an excavator bucket, and the work area should have been cleared of other hazards before excavation began. Proposed penalties for the death total just $8,400, even though the company's negligence led to the death of a worker.Relatives of the victim may see the paltry fine as an insult to the loved one they lost. As a result, they could file a wrongful death suit in conjunction with seeking workers' compensation benefits. Luckily, workers' compensation is not just for employees who are injured on the job; payouts for fatal accidents are also provided for surviving family members. Still, a civil decision against the construction company would allow family members to pay for outstanding medical bills associated with the accident, along with funeral and legal costs.
Workers' compensation in this case would also be needed to replace the income the man may have provided for his relatives. The amount of money distributed to these relatives would be dependent on the type of insurance purchased by the company. If the company did not purchase workers' compensation insurance, a lawsuit could be used to compel officials to pay for their mistakes.
Source: OSHA, "Worker dies at Chandler, Ariz., Gila River Indian Community work site," Deanne Amaden & Jose A Carnevali, Feb. 1, 2013.
]]>A worker in Alabama appears to have been one of the latest victims, having suffered an amputated finger after a workplace accident at the Pyongsan American manufacturing facility, according to reports from the Occupational Safety and Health Administration. The worker, who was crimping air conditioning hoses at the time of the event, was injured in September 2011. A decision in the case was rendered in late January, according to agency press releases.
]]> In this case, the worker's injuries were caused by a lack of machine guarding, one of the most common causes of injuries in American manufacturing facilities. Machine guards provide a critical line of defense for workers, preventing body parts, clothing and hair from becoming entangled in pinching, crushing or rotating machines. Even though management at the facility knew that the plant's crimping and bending machines lacked required machine guards, production was permitted to continue. As a result, a worker was severely injured, only narrowly escaping a devastating injury that could have claimed his entire arm.The company incurring the violations is a division of Hyundai Motor Corporation. Pyongsan American will be subjected to a suggested $69,300 in fines in connection with the accident. OSHA inspectors reported that the facility blatantly ignored safety regulations, resulting in a willful violation. In order for a violation to be considered willful, the company's leaders must make the conscious decision to ignore workplace health requirements issued through the Department of Labor.
The employee in this case is clearly entitled to workers' compensation benefits based on the injuries sustained during the incident. He could seek additional benefits related to negligence, which could allow him to collect punitive and compensatory damages. The man could be prohibited from pursing future professional ventures, which could allow him to recover additional financial compensation for his newly acquired disability.
Source: OSHA, "Pyongsan American Inc. in Auburn, Ala., cited by US Department of Labor's OSHA following amputation of worker's finger," Michael D'Aquino, Jan. 28, 2013
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