San Diego Workers' Compensation Attorney Blog | California Work Injury Lawyer | CA Workers' Comp Law Firm

California workers' compensation affected by great recession

2012-02-03T21:15:35Z

New research shows that the struggling economy has had a sharp impact on California workers' compensation claimants. A study released by the Workers Compensation Research Institute in late January found that injured California workers have been staying on disability benefits longer.

Indemnity costs per California workers' compensation claim grew at an annual rate of 7 percent from 2007 to 2009 -- much faster than in previous years. Indemnity costs represent payments made to injured workers for lost wages, loss of earning capacity, permanent disability or permanent impairment.

But a rise in the average weekly wage of injured California workers was certainly not the reason for the uptick in indemnity costs: despite a relatively steady 4 percent growth rate in prior years, the study found that average wages remained relatively stagnant between 2007 and 2009.

]]> So where did the researchers place the blame for growing California workers' compensation payouts? Primarily on the down economy and its effect on the job market.

With fewer "light duty" jobs available, California workers' compensation claimants were prevented from returning to work as early as they could in booming economic times. This likely explains the increase by one full week in the average time injured workers spent collecting temporary disability benefits between 2007 and 2009.

An increase in medical payments per claim was also recorded by the study's authors. However, the growth in workers' compensation medical costs was actually slower in California compared to many other parts of the country. This trend was explained largely by the ballooning price tag of medical treatment nationwide.

Source: Insurance Journal, "Study: Recession Impacts California Workers' Compensation," Don Jergler, Jan. 25, 2012

Organization raises awareness on the dangers of employee car crashes

2012-02-01T21:11:38Z

If asked to identify organizations dedicated to the prevention of serious work injuries, you would probably be able to name agencies such as the National Institute for Occupational Safety and Health (NIOSH) or the California Division of Occupational Safety and Health (Cal/OSHA).

However, the last organization you would probably name is the Network of Employers for Traffic Safety (NETS), an entity "dedicated to improving the health and safety of employees, their families and the community by preventing traffic crashes that occur both on- and off-the-job."

While this mission may seem somewhat curious, consider the following facts from NETS concerning motor vehicle accidents and employees:

The leading cause of death for all employees here in the United States is motor vehicle crashes
The time of day during which employees are perhaps most at risk of suffering serious work injuries is the time they spend behind the wheel; NETS statistics show that motor vehicle crashes occur every five seconds here in the United States, and that motor vehicle crashes causing bodily harm occur every ten seconds
The time spent commuting to and from work, and driving on work-related errands accounts for as much as 41 percent of the average vehicle miles traveled per U.S. household

]]> In light of this danger, NETS has developed a variety of resources for both employers and employees on how to help reduce motor vehicle accidents and improve overall safety. Specifically, its website offers informational pages on the dangers of distracted driving, fatigued driving, aggressive driving and even impaired driving.

In fact, NETS even launched a campaign in advance of the Super Bowl this coming Sunday, advising those people hosting parties to take steps to ensure that their guests (family, friends, co-workers, etc.) get home safely, and urging these guests to act responsibly while enjoying the big game.

Stay tuned for more from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice.

Sources:

OH&S Online, "Serving up safe driving tips for Super Bowl Sunday" Jan. 31, 2012

Network of Employers for Traffic Safety (NETS), "Road safety" Jan. 2012

Feds urge improved safety practices in U.S. auto repair industry

2012-01-30T20:46:25Z

The automotive repair and maintenance service industry -- which employs over 1.3 million workers here in the United States -- was recently the subject of a comprehensive review by federal officials seeking to reduce the overall incidence of serious work injuries.

Specifically, the National Institute for Occupational Safety and Health (NIOSH) -- the arm of the Centers for Disease Control responsible for conducting research and making recommendations for the prevention of work injuries/illnesses -- worked in partnership with a variety of government agencies to identify and improve workplace safety practices of auto repair and maintenance shops.

Here, some of the more common health hazards faced by auto repair workers were determined to be:

Cuts/lacerations, sprains/strains, bruises/contusions caused by work-related tasks
Exposure to toxic chemicals
Fatalities caused by moving automobiles, explosions and falling objects
Slip, trip and fall accidents caused by uneven surfaces, misplaced tools and slippery substances
Fatalities caused by workplace violence

]]> Interestingly, NIOSH and its partners indicated that auto repair and maintenance shops -- which typically employ up to only 20 people -- would benefit from developing health and safety programs, creating training manuals to inform employees of workplace dangers, and conducting evaluations to identify potentially hazardous materials.

However, NIOSH also acknowledged that these steps might be somewhat difficult for auto repair and maintenance shops to introduce due to both cost considerations and staff limitations.

For auto repair and maintenance shops facing such constraints, NIOSH recommended that they consider consulting some basic information offered by such governmental agencies as the Hazard Evaluation System and Information Service, a California Department of Public Health program that uses "scientific, medical and public health expertise to help prevent workplace illness and diseases."

Some of these tips include:

Inspecting all tools and other equipment on a regular basis, making sure they are in good working order
Requiring all workers to wear the necessary safety gear, including protective eyewear and gloves
Using water or safer industrial products for cleaning
Training workers on how to recognize and remedy certain dangers, including those posed by chemicals, fire, noise and other environmental hazards
Creating a culture where both hazards and injuries are reported as quickly as possible

Stay tuned for more from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice.

Source:

Risk & Insurance, "NIOSH promotes safety in auto repair industry" Jan. 16, 2012

AR work comp commission makes alarming denial to injured worker

2012-01-26T21:27:42Z

It's no secret that the process of trying to secure much-needed workers' compensation benefits can be rather confusing and even somewhat frustrating. However, it's important to remember that this confusion and frustration -- perhaps caused by medical exams, paperwork, complex legal language, etc. -- is likely only temporary and that an experienced legal professional can help guide you through the entire process.

It's also important to remember that California certainly isn't the only state where injured workers encounter confusion and frustration.

To illustrate, consider a recent case out of Arkansas, where a woman who suffered a knee injury on the job and is currently receiving work comp benefits is unable to secure a new treating physician.

]]> According to reports, Laura E. requested a change of physician back in the fall of 2011. While such a request is permitted under Arkansas' law, work comp recipients are only allowed to change their physician once.

Sadly, Laura E.'s new physician passed away this past December, leaving her without a physician to provide the necessary level of treatment.

She then submitted another request for a change of physician but was denied by the Workers' Compensation Commission, which wrote "we cannot approve another change in this claim. We are constrained by the law."

Consequently, Laura E. is in a self-proclaimed "workers' comp limbo."

Fortunately, it does appear that some sort of solution is in the works. However, the timetable for this solution is less than desirable.

"There seems to be maybe at least some administrative impediments to getting that order entered," said Alan McClain, Chief Executive Officer of the Arkansas Workers' Compensation Commission. "But practically speaking she should be able to see a doctor really soon and we can facilitate that communication...it could take six months. But that's the long end of it. It would probably be closer to three months."

It is worth noting that Laura E.'s attorney has indicated that over 100 injured employees are currently in the same situation as his client because of denied "change of physician requests."

Stay tuned for further updates on this intriguing workers' compensation story from our San Diego firm ...

If you have questions or would like to learn more about workers' compensation benefits, contact an experienced legal professional.

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

Today's THV, "Workers' Comp won't allow [woman] a new doctor, even after hers dies" Jan. 11, 2011

UCLA professor, UC Board of Regents face charges over 2008 lab accident

2012-01-24T17:22:46Z

When most people think of the California Division of Occupational Safety and Health (Cal/OSHA), they undoubtedly envision investigations into serious work injuries that can result in the levying of both violations and relatively minor civil fines. However, it's important to remember that Cal/OSHA can also hand down criminal charges for willful or intentional violations of workplace safety, resulting in extremely large fines and even imprisonment.

In fact, Cal/OSHA is now bringing criminal charges against a UCLA chemistry professor and the University of California (UC) Board of Regents for perceived labor code violations in conjunction with a horrific 2008 lab accident in which a research assistant suffered fatal burns.

In December 2008, 23-year-old Sheri S. was working in a lab on the UCLA campus, transferring chemicals from one container to another via a plastic syringe. However, the syringe fell apart and the chemical which she was transferring -- t-butyl lithium -- ignited upon being exposed to the air.

Sheri S.'s synthetic sweater caught fire and she suffered severe burns. Tragically, she died of her injuries only 18 days later.

]]> In the aftermath of the lab accident, both Dr. Patrick H., the UCLA chemistry professor who hired Sheri S. as a research assistant and the Board of Regents maintained that she had been provided with the proper training, had experience conducting experiments and chose not to wear protective safety equipment.

"It was not as if UCLA found a newbie who didn't know what she was doing and put her in a lab with no regard to the consequences; there is just no evidence to support that," said Kevin Reed, UCLA's vice chancellor for legal affairs. "We didn't just pluck her off the streets and put her in a chemistry lab. She was a trained chemist."

The Cal/OSHA criminal investigation report, however, alleges that Sheri S. -- who had only been on the job for three months when the accident occurred -- had never worked with the chemicals in question, did not receive the necessary training, and likely would not have died if she had been properly instructed.

"Dr. [H] simply disregarded the open and obvious dangers presented in this case and permitted Victim to work in a manner that knowingly caused her to be exposed to a serious and foreseeable risk of serious injury or death," reads the Cal/OSHA criminal report.

Both Dr. H. and the UC Board of Regents have each been charged with three counts of willfully violating occupational health and safety standards. If convicted Dr. H. faces up to 4 and a half years in prison, while the Board of Regents could be fined upwards of $4.5 million.

The arraignment is scheduled for February 2.

Stay tuned for further updates from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The Los Angeles Times, "Report faults professor, UCLA in death of lab assistant" Jan. 21, 2012

CA Dept. of Insurance: Work comp insurers using advisory pure premium rates

2012-01-19T15:45:29Z

In workers' compensation law news, the California Department of Insurance recently announced that the majority of work comp insurers doing business in the state are increasing their base or premium rates for the upcoming year.

Specifically, Insurance Commissioner Dave Jones announced that the top 100 work comp insurers -- accounting for 96.7 percent of the entire California market -- collectively increased their workers' compensation premium rates by an average of 2.8 percent for 2012.

Interestingly, this year marks the start of a new system in which the Department of Insurance establishes a recommended benchmark for premium rates that work comp insurers are either free to follow or deviate from.

Here, it appears that the majority of work comp insurers choose to adhere to this recommended benchmark.

"This past year we improved the pure premium benchmark process by establishing a benchmark based on what is happening in the market," said Jones in a released statement. "In November, I announced the approved advisory pure premium benchmark that would be effective in 2012. A significant number of insurers, representing a significant share of the overall market, are using the approved advisory pure premium rates."

]]> It is worth noting that the largest work comp insurer in California, the State Compensation Insurance Fund -- which accounts for 15 percent of the entire market and provides insurance to those employers unable to secure it elsewhere -- will keep its rates relatively static for 2012.

Since the state legislature dramatically overhauled the state work comp system in 2003 and 2004, work comp premiums have remained relatively low. To illustrate, premium rates were $6.29 per $100 of payroll in 2003 versus $2.16 per $100 of payroll in 2008.

However, these premium rates have risen somewhat over the last few years -- reaching $2.37 per $100 of payroll in 2011 -- due to rising medical expenses.

Stay tuned for further updates in the area of workers' compensation law from our San Diego firm ...

If you have questions or would like to learn more about workers' compensation benefits, contact an experienced legal professional.

This post was for informational purposes only and is not to be construed as legal advice.

Sources:

The Los Angeles Times, "Employers paying a bit more in workers' compensation premiums" Jan. 17, 2012

California Department of Insurance Press Release, "Workers' compensation rate filings indicate that significant number of companies are using insurance commissioner's advisory pure premium rates" Jan. 17, 2012

Cal/OSHA hands down large fine for heat-related worker death

2012-01-15T21:31:20Z

While the heat has abated in recent months with the onset of winter, it's nevertheless important for California employers to remember that the necessary measures to protect employees from heat exhaustion and heat stroke -- two extremely serious work injuries -- must be in place come summertime. Failure to do so can have devastating consequences.

To illustrate, the California Division of Occupational Safety and Health (Cal/OSHA) recently handed down a $74,125 fine to C. Clunn Consulting, a Holtsville-based company, for its actions in connection with the death of a farmworker this past summer.

According to Cal/OSHA, Romero V., 47, was loading 40-pound boxes in a cantaloupe field in 102-degree heat on the afternoon of July 7, 2011. Sadly, he collapsed after being overcome by the heat and later died at a nearby hospital.

After a comprehensive investigation, Cal/OSHA determined the following:

C. Clunn failed to provide both employees and supervisors with the proper training on how to identify and treat heat illness, a violation of state regulations
C. Clunn failed to follow its own policies/procedures regarding the protection of employees from excessive heat

]]> "Heat illness is totally preventable and should not occur if proper procedures are followed," said Cal/OSHA Chief Ellen Widess in a released statement. "We take any heat-related incident seriously and enforce our standard to the fullest extent possible."

In November 2010, Cal/OSHA implemented revised safety standards designed to protect employees from heat exhaustion and heat stroke. Specifically, they clarified shade requirements for California employers and required California employers in certain industries -- including agriculture -- to follow specific "high-heat rules."

Stay tuned for further developments from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Sources:

CBS News, "Cal/OSHA cites, fines company for farmworker death" Jan. 11, 2012

California Division of Occupational Safety and Health, "Cal/OSHA Implements Updated Heat Safety Regulations" Nov. 4, 2010

Statistics continue to link carpal tunnel syndrome to work

2012-01-12T20:25:20Z

There is no question that the absolute necessity of computers in the modern workforce has contributed to a rise in the number of workers afflicted with carpal tunnel syndrome. In fact, recently released figures from the federal government show that the number of afflicted workers may be higher than previously thought.

The annual National Health Interview Survey -- which consists of data gathered by the U.S. Census Bureau through personal household interviews -- reached the following conclusions regarding carpal tunnel syndrome in the workforce:

In 2010, 69.4 percent of all employed adults diagnosed with carpal tunnel syndrome were informed by their healthcare provider that their condition was directly related to their employment
In 2010, women were more likely than men to be afflicted with work-related carpal tunnel syndrome

Interestingly, the Centers for Disease Control and Prevention (CDC) also released its own data set on carpal tunnel syndrome in the workforce, revealing that 3.1 percent of all employed adults ranging in age from 18 to 64 were diagnosed with the condition in 2010.

]]> For health experts, one of the more frustrating elements of carpal tunnel syndrome is that employers often fail to take the simple steps to prevent its onset.

"CTS is among the greatest driver of workers' compensation costs, lost time, lost productivity and disability," said Mary Susan Burt of the National Institute for Occupational Safety and Health (NIOSH). "Many of these disorders could be prevented by identifying hazardous jobs and redesigning job tasks, tools and workstations to reduce the physical stressors."

For the uninitiated, the carpal tunnel is a small tube located on the inner arm that is comprised of various ligaments, bones and tendons. Its primary function is to protect the major nerve -- the median nerve -- that travels through it.

The median nerve enables a person to move/feel the following: thumb, index finger, middle finger and the vertical half of their ring finger facing the middle finger.

Simply put, carpal tunnel syndrome is caused by pressure on the median nerve.

If you have questions or concerns about carpal tunnel syndrome, it is imperative that you speak with an experienced medical professional.

Stay tuned for further developments from our San Diego workers' compensation blog ...

This post was for informational purposes only and is not to be construed as legal or medical advice.

Source:

Medical Daily, "CDC survey: Carpal tunnel syndrome mostly linked to work" Dec. 23, 2011

Are smartphones, tablet computers causing serious work injuries?

2012-01-10T16:00:00Z

It should come as no surprise that serious neck, back and spine injuries are a relatively common occurrence in office settings. In fact, office workers can suffer truly debilitating injuries that cause them to miss extended periods of time, including slipped discs or muscle tears. More often than not, however, office workers suffer some form of repetitive strain injury (RSI), meaning injuries to the muscles, tendons and/or nerves of the neck, back and upper limbs typically caused by long hours at a computer workstation.

As it turns out, desktop computers may no longer present the sole risk of RSIs to office workers.

According to reports by British health experts, both smartphones and tablet computers -- now a staple of many offices -- are responsible for a growing number of work-related neck, back and spine injuries.

In particular, these experts found that one in every 50 workers in Britain suffers from so-called "text neck." This condition occurs when people using smartphones or tablet computers lean their heads forward to glance at the small screens of their devices for several hours at a time.

]]> This unnatural posture has the effect of making the human head -- which typically weighs between 10 to 12 pounds -- feel as if it weighs up to four times its normal weight. This in turn can cause serious neck strain.

The researchers also determined that the injury potential from extended smartphone and tablet computer use is not just confined to the neck, back and spine. In fact, workers who use their mobile devices for extended periods of time can suffer tremendous hand and wrist injuries.

"I had a patient who developed inflamed tendons in her thumb from using her smartphone and was unable to use her hand for weeks due to pain," said Tim Hutchful of the British Chiropractic Association.

With the proliferation of mobile technology over the last few years, it remains to be seen what toll RSIs will take on the office workforce here in the U.S. and what steps -- if any -- employers are prepared to take.

Stay tuned for further developments from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of neck, back and spine injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice.

Source:

The New York Daily News, "Smartphones cause users to suffer aching pains" Dec. 5, 2011

New California work comp bills now in effect

2012-01-05T15:27:18Z

Now that 2012 is here, California workers' compensation law will see some rather significant changes, as several new laws signed by Governor Jerry Brown over the course of the past year have finally taken effect. In particular, two of these laws are noteworthy since they will likely prove beneficial to employers and employees alike.

The first work comp bill is Assembly Bill 1168. This legislation -- sponsored by Assemblyman Richard Pan (D-Sacramento) -- is designed to establish limits on the now prevalent practice of out-of-state vendors charging outrageous counseling fees pertaining to work comp-related services.

"A class of consultants known as 'vocational experts' has emerged to counsel disabled workers about their level of permanent disability," said Pan in a press release. "While this could be a positive development in the workers' compensation system, some counselors are charging exorbitant fees for their services."

AB 1168 calls for the holding of public hearings to establish a sensible fee schedule/billing rates for these vocational experts.

]]> The second work comp bill is Assembly Bill 378 (AB 378). This legislation -- sponsored by Jose Solorio (D-Santa Anna), the chairman of the Assembly Insurance Committee -- mandates that compound drugs be brought under the pharmacy fee schedule.

Specifically, it is designed to eliminate the incentive for physicians to prescribe compound drugs, effectively limiting their financial reimbursement.

(For those unfamiliar with compound drugs, they are medications that are specially prepared by a pharmacist to meet the special needs of an individual patient. Essentially, the pharmacist mixes/adjusts the drug components, customizing the medication.)

"Drug compounding -- a legal but rarely necessary practice -- has exploded as a physician profit-center in workers' comp," said Solorio. "The State Compensation Insurance Fund reports that what was 'rarely' billed prior to 2007 rapidly escalated to over $58 million in billings in a 16-month period. That practice must be stopped."

Stay tuned for further updates in the area of workers' compensation law from our San Diego firm ...

If you have questions or would like to learn more about workers' compensation benefits, contact an experienced legal professional.

This post was for informational purposes only and is not to be construed as legal advice.

Source:

The Fresno Business Journal "Workers' comp leads employment law changes" Dec. 29, 2011

A closer look at trenches and preventing trench collapses - II

2011-12-26T22:10:11Z

Whether working above ground, at ground level or below ground, people who work on construction sites are accustomed to all types of dangers. However, did you know that those people who work below ground - meaning in trenches - are particularly vulnerable to serious or even fatal work injuries caused by cave-ins? In fact, the United States Department of Labor's Occupational Safety and Health Administration (OSHA) estimates that at least two workers in the United States are killed in trench collapses every month.

The following post will continue to examine dangers associated with trenches and a few of the OSHA safety rules that construction companies/builders must follow.

(Please see "A closer look at trenches and preventing trench collapses" for more information ...)

Post continued ...

Entering and exiting trenches

OSHA standards dictate that any trench at least four 4 feet deep must have some type of entrance/exit device located within 25 feet of all workers.

Acceptable devices include ladders, steps, ramps or other similar means of entrance/exit.

]]> OSHA's general safety rules regarding trenches/excavations

As discussed in the previous post, construction workers in trenches face a multitude of dangers, including trench collapses/cave-ins, hazardous conditions inside the trench, falls into the trench, and objects falling into the trench from above.

Accordingly, OSHA has outlined a variety of "general trenching and excavation rules" in order to combat these dangers, including the following:

Trenches should be inspected after any kind of event that could have changed its conditions (i.e., a rainstorm, water intrusion, nearby excavation, etc.)
Trenches should be inspected by qualified parties before the start of every employee shift
Trench edges should be kept free and clear of all debris and heavy equipment, while excavated soil should be kept at least 2 feet from the edges
Trenches should be tested for any atmospheric dangers when greater than four feet deep, including low oxygen levels, toxic gases and hazardous fumes
Trenches should be kept free and clear of all raised/suspended loads as they pose an immediate hazard to workers situated below

Protective systems for trenches

While a complete technical discussion of the protective systems for trenches is clearly beyond the scope of a single blog post, OSHA does advise construction companies to utilize one of the following:

Sloping the trench wall at an angle away from the excavation for increased stability
Benching the trench wall, meaning cutting stepped benched grades (not for type C soil)
Shielding workers from the trench walls by installing a trench box or other support system

Stay tuned for further developments from our San Diego workers' compensation blog ...

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

This post was for informational purposes only and is not to be construed as legal advice.

Source:

OSHA Trade News Release, "OSHA publishes new educational materials on working safely during trenching operations" Oct. 3, 2011

BLS releases 2010 report on work injuries requiring time off

2011-12-20T16:16:08Z

Last month, the Bureau of Labor Statistics (BLS) released its annual publication entitled "Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2010." As usual, the findings of the survey revealed some very interesting trends regarding the types of nonfatal work injuries/illnesses suffered by American employees over the previous year, and the time away from work typically needed to recover.

According to the survey, the average rate of nonfatal work injuries/illnesses necessitating time away from work was 118 cases per 10,000 full-time employees. In addition, the BLS determined that the total number of nonfatal work injuries/illnesses necessitating time away from work was 1,191,000, and that the average amount of time spent away from work by injured/ill employees was eight days.

While these figures may seem high, consider that both the average rate of nonfatal work injuries/illnesses necessitating time away from work and the average amount of time spent away from work by injured/ill employees remain unchanged from the previous year. Furthermore, the total number of nonfatal work injuries/illnesses necessitating time away from work actually declined by four percent.

]]> The "Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2010" publication is comprised of an extensive series of findings. To illustrate, the survey breaks down the number of injuries/illnesses and the time spent away from work by industry sector, occupation, and even type of injury.

While a complete analysis of all the BLS' findings is beyond the scope of this blog entry, it's still interesting to take a brief glance at a few of the more interesting findings.

One of the few industries that saw an increase in the rate of nonfatal work injuries/illnesses necessitating time away from work was healthcare support workers. Specifically, the incident rate increased by six percent, reaching 283 days away from work for every 10,000 full-time employees.
Sprains, strains and muscle tears accounted for 40 percent of the 1,191,000 cases of nonfatal work injuries/illnesses necessitating time away from work.
The incident rate of nonfatal work injuries/illnesses necessitating time away from work increased by five percent for women to 100 cases per 10,000 full-time employees.
The incident rate of nonfatal work injuries/illnesses necessitating time away from work increased by ten percent for people between the ages of 16 and 19 to 117 cases per 10,000 full-time employees.

It is imperative that employers in all industries take the time to analyze these findings and implement the necessary measures to prevent serious workplace injuries or illnesses (if possible).

This post was for informational purposes only and is not to be construed as legal advice.

Stay tuned for future posts from our San Diego workers' compensation blog ...

Sources:

U.S. Department of Labor - Bureau of Labor Statistics, "Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2010" Nov. 9, 2011

Risk & Insurance, "Days away from work data highlights health care risks" Dec. 19, 2011

OSHA warns salon owners on dangers of formaldehyde exposure

2011-12-15T18:37:12Z

When you think of settings for serious work injuries, the last place you probably envision is a hair salon. After all, these establishments seem to be free from the types of work hazards found at decidedly more dangerous settings such as construction sites, warehouses, factories and shipyards.

According to the United States Department of Labor's Occupational Safety and Health Administration (OSHA), however, some salon workers are being exposed to a unique and substantial bodily hazard not found at any of the aforementioned work settings: formaldehyde.

Believe it or note, many hair salons use hair smoothing products that contain some level of formaldehyde. This is significant because formaldehyde exposure can cause eye and nose irritation, as well as allergic reactions of the skin, eyes and lungs. Furthermore, it has been cited as a potential cancer risk.

In light of these dangers, OSHA has strict requirements in place governing the use of hair products containing formaldehyde and the communication of potential formaldehyde hazards to employees.

In fact, the federal agency has been actively responding to complaints and reports of formaldehyde exposure at salons and beauty schools across the country during 2011, issuing citations to the owners of 23 salons/beauty schools and conducting significant outreach programs on the dangers of formaldehyde exposure.

]]> Some of the OSHA violations handed down to these 23 salons/beauty schools were for the following infractions:

Failing to provide the necessary protective equipment
Failing to test the air levels for formaldehyde
Failing to inform employees about the hazards of formaldehyde exposure
Failing to follow established formaldehyde exposure time limits

Dr. David Michaels, Assistant Secretary of Labor for OSHA, offered salon owners the following advice:

"The best way to control exposure to formaldehyde is to use products that do not contain formaldehyde. Salons should check the label or product information to make sure it does not list formaldehyde, formalin, methylene glycol or any of the other names for formaldehyde. If salon owners decide to use products that contain or release formaldehyde, then they must follow a number of protective practices -- including air monitoring, worker training and, if levels are over OSHA limits, good ventilation or respirators."

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

Stay tuned for more from our San Diego workers' compensation blog ...

This post was for informational purposes only and is not to be construed as legal advice.

Source:

OSHA, "US Department of Labor continues to cite beauty salons and manufacturers for formaldehyde exposure from hair smoothing products
OSHA urges salon owners to implement protective measures" Dec. 8, 2011

Exploring nonsurgical alternatives for carpal tunnel syndrome

2011-12-13T18:37:58Z

Many employees whose jobs require repeated flexing and extending of the wrists and/or hands in a relatively forceful manner suffer from carpal tunnel syndrome.

The median nerve enables a person to move/feel the following: thumb, index finger, middle finger and the vertical half of their ring finger facing the middle finger.

Simply put, carpal tunnel syndrome is caused by pressure on the median nerve.

While surgery is a viable option for many people afflicted with carpal tunnel syndrome, there are those who understandably want to avoid undergoing a surgical procedure if at all possible.

What then are some of the nonsurgical alternatives available to workers suffering from carpal tunnel syndrome?

]]> According to medical experts, those afflicted with carpal tunnel may wish to consider the following:

Rest: Medical experts advise workers to rest their hand(s) for at least two weeks, consciously avoiding activities that require gripping, pinching or which otherwise exacerbate the condition.
Splints: Medical experts suggest that a splint that immobilizes the wrist -- available in most pharmacies -- can help. If the splint can't be worn during the day, experts advise wearing it at night.
Hand exercise: Medical experts advise those suffering from carpal tunnel syndrome to consider consulting with a physical therapist for hand exercises to help strengthen the wrist/alleviate pain.
Corticosteroid injections: Medical experts suggest asking a medical professional about the feasibility of corticosteroid injections, which can help reduce swelling/inflammation inside the carpal tunnel.
Acupuncture/Yoga: Two more non-traditional routes that medical experts indicate may be of some benefit to carpal tunnel suffers are yoga and acupuncture. Here, they advise finding qualified instructors/practitioners in order to ensure maximum benefit.

Finally, medical experts advise carpal tunnel suffers to perhaps reconsider surgery and talk to their doctor if their soreness persists after six months of trying nonsurgical alternatives.

If you have questions or concerns about carpal tunnel syndrome, it is imperative that you speak with an experienced medical professional.

Stay tuned for further developments from our San Diego workers' compensation blog ...

This post was for informational purposes only and is not to be construed as legal or medical advice.

Source:

The Burlington Times-News, "Carpal tunnel syndrome doesn't always mean surgery" Dec. 12, 2011

NTSB report outlines fault, changes made after fatal Disney crash

2011-12-08T16:49:26Z

It goes without saying that some of the most popular tourist destinations in all of the United States are Disney World in Florida, and Disney Land here in California. Given that these two theme parks have each developed such a strong record of employee safety over the years, it may surprise you to learn that Disney World was actually the scene of a fatal work injury in the summer of 2009, and a subsequent investigation by the National Transportation Safety Board (NTSB).

In fact, the NTSB recently released its report on the monorail accident, outlining its causes and the steps Disney has taken to prevent similar accidents in the future.

The accident in question occurred on July 5, 2009, when a monorail car being operated by 21-year-old Austin W. was wrongly directed into the path of another oncoming monorail car.

The subsequent train crash resulted in the tragic death of Austin W. (no passengers were hurt) and $24 million in property damage.

Here, NTSB investigators ultimately determined that Austin W. had received clearance to proceed onto the wrong track from a substitute monorail coordinator who was not working at the concourse station.

]]> "When the monorail manager issued these instructions, he was not in the Concourse Tower, but was instead at a local restaurant," reads the report. "He was not in the tower and could not use the display screens to monitor or confirm any of the movements."

Disney was ultimately fined an undisclosed amount by inspectors with the United States Department of Labor's Occupational Safety and Health Administration (OSHA) for the incident.

Interestingly, the NTSB report indicates that Disney has introduced a variety of serious safety measures after the accident, including:

Requiring monorail operators to be situated in the forward cab when switching tracks
Requiring radio-equipped spotters for monorail operators going in reverse
Requiring the active-duty monorail coordinator to work inside the control tower
Requiring monorail operators, the monorail coordinator and other employees to visually verify that a track switch can occur
Providing training to monorail operators on how to keep monorail windshields clean and clear

You should strongly consider seeking the necessary medical treatment if you have suffered any type of work injury - regardless of your employment setting.

Stay tuned for more from our San Diego workers' compensation blog ...

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

Risk & Insurance, "Report: Disney Monorail crash operator's fault, led to changes" Dec. 6, 2011