To illustrate, consider a recent case out of the Bay Area, where a 25-year-old researcher working on a vaccine for Neisseria meningitides -- a particularly virulent bacteria strain that causes blood infections and meningitis -- died after developing a meningococcal infection.
While the incident is still under investigation, officials seem to believe that the young man -- described by a supervisor at the San Francisco VA Medical Center as "well-trained, hard-working and very talented" -- acquired the meningococcal infection while working in the hospital lab.
]]> Reports indicate that he began to feel ill two hours after leaving the lab, complaining of headache, fever and chills. The next morning, he awoke and asked friends to take him to the hospital. Sadly, he lost consciousness in the car and died in the hospital later that afternoon."The early symptoms of this infection are very non-specific," said Dr. Harry Lampiris, chief of infectious diseases at the San Francisco VA Medical Center. "In the first few hours, people don't realize how sick they really are."
These kinds of laboratory accidents are rare but not unheard of. According to a 2005 study in the Journal of Clinical Microbiology, between 1985 and 2001, 16 lab workers studying meningococcal diseases developed infections. Of these 16 workers, eight later died and all but one were using the necessary safety equipment.
Preliminary reports seem to suggest that the young man was following proper protocol.
"It looks like he took all the appropriate precautions," said Limpiris. "But this is under investigation by Cal-OSHA (California Occupational Health and Safety Association)."
It is worth noting that all of the men and women who came into contact with the young man have been administered antibiotics as a precautionary measure.
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
ABC News, "California researcher dies from infection he studied," Katie Moisse, May 4, 2012
]]>Specifically, on May 4, the New York State comptroller's office announced that a comprehensive investigation revealed that the State Insurance Fund -- the state's largest workers' compensation insurance carrier, akin to California's State Compensation Insurance Fund -- paid over $36,000 to seven inmates in state prison.
State Comptroller Thomas DiNapoli indicated that state officials uncovered the problem after cross-referencing approved work comp claimants with inmate files from the Department of Correction and Community Supervision, and examining work comp benefits paid from September 2008 to September 2011.
]]> "Simply stated, inmates serving felony time are not entitled to a dime of workers' compensation benefits. These payments are indefensible and should have been stopped," said DiNapoli. "The Workers' Compensation Board owes it to businesses and taxpayers to put stronger internal controls in place. New York state businesses can't afford to pay higher insurance premiums to cover the cost of these inappropriate payments."In order to prevent a reoccurrence of this costly mishap, the New York State comptroller's office advised the WCB to implement more stringent internal controls, including periodic cross-checks of recipients. They also advised the WCB to continue with its efforts to recover the work comp benefits from inmates.
Interestingly, DiNapoli also stated that his investigation revealed that private work comp carriers might have inadvertently paid work comp benefits to another 193 inmates in the state prison system.
Stay tuned for further updates from our San Diego workers' compensation 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:
Insurance Journal "Probe finds N.Y. paid prison inmates improper workers' comp benefits," May 7, 2012
]]>In conjunction with Workers' Memorial Day, the AFL-CIO releases its annual "Death on the Job: The Toll of Neglect" report outlining the frequency, cost and causes of workplace illnesses/injuries, and discussing other important work safety issues.
This year's report once again contains some eye-opening statistics, including the startling revelation that there was an average of 13 occupational fatalities a day in the U.S. back in 2010.
]]> Some of the key findings of the AFL-CIO's report include:Injuries/Illnesses: In 2010 -- the most recent year for which information is available from the federal Bureau of Labor Statistics -- 4,690 workers were killed while on the job while roughly 50,000 were believed to have died of occupational illnesses. This number is actually believed to be significantly higher due to underreporting.
Costs: According to the report, work injuries and illnesses cost the United States between $250 billion to $300 billion a year.
Geography: In 2010, the states with the highest rate of workplace fatalities were North Dakota, South Dakota, Wyoming, West Virginia, and Alaska. The states with the lowest rate of workplace fatalities were New Hampshire, Rhode Island, and Massachusetts.
Construction: In 2010, there were 774 fatalities in the construction industry, the highest of any industry. While this figure appears to be a significant improvement over 2009's 834 fatalities, the report indicates that the lower figure probably has more to do with lower employment numbers/hours worked brought about by the recession.
"While we have made great strides in making our workplaces safer, too many women and men in this country and around the world continue to be hurt or killed on the job," said Richard Trumka, President of the AFL-CIO. "As we move forward to build an economy for our future, it's important that we commit together to developing and issuing the kinds of rules critical to ensuring the safety of all working people."
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
EHS Today, "Death on the job: 13 occupational fatalities occurred daily in 2010," Laura Walter, May 2, 2012
]]>The federal workers' compensation system, created as part of the Federal Employee Compensation Act (FECA) and run by the Department of Labor, currently covers millions of employees and pays out billions of dollars each year.
However, the Senate recently passed legislation by a 62-37 margin that would introduce significant changes to the federal work comp system. Specifically, the legislation -- principally designed to reform the U.S. Postal Service -- also contained provisions that would drastically reduce the work comp benefits of roughly 18,600 federal employees.
Currently, injured federal employees with dependents are entitled to 75 percent of their pre-disability wage while those without dependents are entitled to 66 percent of their pre-disability wage. The legislation, sponsored by Sen. Susan Collins (R-Maine), would reduce both categories of employees to only 50 percent of their pre-disability wage three years after enactment.
]]> Those people already at retirement age or classified as fully disabled would be grandfathered in under the legislation.The call for federal work comp reform was initiated following the discovery that certain federal employees -- particularly those close to retirement -- were improperly collecting workers' compensation benefits administered under FECA. Specifically, investigators determined that many older federal employees were more apt to exploit work comp benefits since they pay more than standard retirement benefits. The legislation is designed to reverse this situation, making recipients more apt to take retirement benefits when they reach eligibility since they will pay more.
It must be noted, however, that there was -- and still is -- concern in the Senate and among federal labor unions that these proposed cuts would be devastating for injured workers and create financial instability for those who rely on the steady income.
To that end, Sen. Daniel Akaka (D-Hawaii) introduced an amendment that would eliminate the proposed reductions.
However, as illustrated by the passage of the legislation in the Senate, this amendment was defeated.
"These individuals are not coming back to work," said Sen. Collins in her arguments against Sen. Akaka's amendment. "We are trying to focus this program, as it should be, on returning injured workers to work."
According to Sen. Collins' office, the bill would save roughly $1.2 billion over ten years if ultimately signed into law. It now goes to the House of Representatives for a vote.
Stay tuned for further updates on 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 Federal Times, "Senate approves workers' comp benefit cuts," Sean Reilly, April 25, 2012
The Washington Post, "Possible cuts in workers' compensation cause concern," Joe Davidson, March 28, 2012
]]>Specifically, we've been discussing how a groundbreaking series of stories by the Belleville News-Democrat exposed the large number of work comp claims filed by guards at the Menard Correctional Center located in southwestern Illinois. (Since 2008, almost $10 million in work comp benefits have been paid out to over 200 Menard employees).
Prison officials claimed that the majority of these work comp claims stemmed from repetitive injuries (i.e., carpal tunnel syndrome and cubital tunnel syndrome of the elbow) caused by the guards having to lock and unlock prison cells manually.
The News-Democrat's revelations prompted multiple investigations by state agencies and ultimately resulted in large-scale reform of Illinois' work comp system.
Interestingly, this story once again made headlines this week when the director of the Illinois Department of Corrections, Tony Godinez, informed a legislative subcommittee that he believed these work comp claims involved fraud.
]]> Specifically, Director Godinez was testifying before the Appropriations-Public Safety Committee back on April 18, when he was asked about the unusually high number of work comp claims filed by the guards at Menard Correctional Center."I think there's fraud. I'm sorry to say that but I've been working in this business a long time and was (warden) at Stateville for 12 years, some 12 very hard years, and I never saw claims like I've seen since I've been back," he said.
Godinez -- who later indicated that some Menard prison employees likely suffered bona fide injuries -- went on to express skepticism as to why the guards were using the keys so much at a maximum security facility like Menard Correctional Center
"[I]f you're running a maximum security facility and your claim is using the keys too much, you're not using them much in a maximum security facility. They're not coming out a lot," he said. "So, I don't understand why [Menard] as opposed to other facilities where the inmates in minimum and medium are coming out more and the keys are turned more."
While the presiding state lawmakers were no doubt appreciative of Director Godinez's candid testimony, they were also alarmed at the general lack of action by state officials leading up to the revelations. In fact, many are renewing their call for Illinois Attorney General Lisa Madigan to conduct a comprehensive criminal investigation.
Stay tuned for further updates on this intriguing work comp benefits 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.
Source:
The Belleville News-Democrat, "Department of Corrections chief calls Menard workers' comp claims 'fraud,'" George Pawlaczyk and Beth Hundsdorfer, May 2, 2012
]]>Here the condition in question is not neck, back and spine injuries or carpal tunnel syndrome, but rather a lack of sleep.
The CDC researchers found that more than 30 percent of U.S. workers reported getting less than six hours of sleep a night. This is significant because the National Sleep Foundation advises all adults to get between seven to nine hours of sleep every night.
Breaking the numbers down, the CDC survey determined found the following:
"Attempts to sleep during daylight hours, when melatonin levels decline and body temperature rises, usually result in shorter sleep episodes and more wakefulness," reads the report.
Regardless, the CDC researchers indicated that sleep-deprived workers are at an increased risk of serious work injuries caused by fatigue/inattention, decreased job performance, vehicle crashes, and the onset of certain adverse medical conditions (obesity, cardiovascular disease, etc.).
The CDC report recommends that employers consider the implementation of training programs on sleep and/or tailoring work hours/shifts to enhance the sleep opportunities of employees.
What are your thoughts on sleep deprivation? Do you feel as if you need more rest and that your overall performance is affected by fatigue?
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 or medical advice.
Source:
MSNBC, "One-third of U.S. workers don't get enough sleep," Karen Rowan, April 26, 2012
]]>Specifically, the criticism comes from the members of the Senate Health, Education, Labor and Pensions Committee who held a hearing on Capitol Hill earlier this week to discuss a recent report from the Government Accountability Office examining the efficiency of OSHA operations.
]]> Some of the more interesting findings of the GAO report included:Several senators were puzzled over these lengthy delays, finding it outrageous that workers were injured or even killed by dangers that could have been addressed years earlier.
"It is simply unconscionable that workers must suffer while an OSHA rule is mired in bureaucracy," said Senator Tom Harkin (D-Iowa), chair of the committee.
OSHA officials argued that while they would like to expedite the process of enacting new safety regulations, they are bogged down by extensive procedural requirements, constantly shifting priorities, litigation/pressure from business groups, and a more demanding standard of judicial review than faced by other agencies.
"We have created barriers based on false alarms, and the need now is to lower them so that worker protection can proceed again without delay," said Michael Silverstein, the former director of Washington state's OSHA program, to the committee members. "It is no exaggeration to say that lives are at stake."
Some possible solutions offered by the GAO report, federal lawmakers and work safety experts include:
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:
Insurance Journal, "OSHA hit for taking too long to adopt workplace safety rules," Sam Hananel, April 23, 2012
]]>In fact, of the many dangers facing highway workers here in California, and around the nation, perhaps the biggest of all is that posed by inattentive or reckless drivers traveling through work zones.
In order to combat this danger, the U.S. Department of Transportation (DOT) officially kicked off the 13th annual National Work Zone Awareness Week yesterday. According to DOT officials, the theme of this year's safety campaign -- observed by local, state and federal authorities at the dawn of the construction season -- is "Don't Barrel Through Work Zones."
"Spring is here, and once again the orange barrels signifying road work have come out of hibernation," said U.S. Transportation Secretary Ray LaHood on his "Fast Lane" blog. "We all need to drive extra carefully through the zones where men and women are hard at work improving our roadways."
]]> While National Work Zone Awareness Week has proven to be a great success in terms of protecting both highway workers and motorists, federal officials indicate the more work needs to be done.To illustrate, consider that in 2010 alone, 576 people were killed and an estimated 37,000 were injured in work zone accidents.
Interestingly, Secretary LaHood offers ten basic traffic tips that motorists can follow to help prevent these types of accidents:
"From planners and engineers to law enforcement and drivers, everyone has a role to play in work zone safety," wrote LaHood. "So, this week -- and every week -- let's remember: Don't barrel through work zones."
Stay tuned for further updates from our San Diego workers' compensation 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:
U.S. Department of Transportation - Fast Lane, "National Work Zone Awareness Week message: Don't barrel through work zones," Ray LaHood, April 23, 2012
]]>Specifically, Cal/OSHA has kicked off its 2012 heat illness prevention campaign, which will run now through the upcoming summer months. As part of the campaign, agency officials will be conducting coordinated inspections throughout the state, ensuring that workers are provided with sufficient water, shade, training, breaks and emergency supplies in case of a heat-related illness.
In addition to these coordinated inspections, Cal/OSHA will also be conducting regional inspections during heat waves, providing trainings/presentations to employer organizations in certain industries (agriculture, construction, landscaping, etc.), and launching a public education campaign designed to raise awareness over the dangers of heat-related illnesses.
]]> "We are pleased that years of continuous outreach, education, and enforcement have resulted in fewer worker deaths and illnesses from exposure to heat," said Cal/OSHA Chief Ellen Widess. "But continued vigilance is absolutely necessary to ensure these gains continue."Back in 2006, California became the first state in the U.S. to enact a system of heat illness regulations and has conducted a heat illness prevention campaign for the last six years.
These heat illness regulations were actually amended back in 2010 to include so-called "high-heat rules."
The Cal/OSHA requirements concerning "high-heat rules" are generally as follows:
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.
Sources:
OH&S Online, "Cal/OSHA launches 2012 heat illness prevention campaign" April 16, 2012
]]>In fact, injury benefit programs appear to be gaining in popularity among large employers in Texas, as a 2010 survey by the Texas Department of Insurance found that up to 15 percent of business with over 500 employees did not have work comp coverage.
Popular retail giant Target began an injury benefit program in Texas in 2005, while Wal-Mart -- one of the largest private employers in the Lone Star State -- began an injury benefit program earlier this spring, calling it "an opportunity to provide better care for our associates while also better managing our costs."
Not surprisingly, the Texas system has its fair share of both critics and advocates.
]]> Here, advocates say that the ability of private employers to run injury benefit programs creates a more even balance concerning the provision of benefits and employee accountability. Specifically, many employers require employees to follow certain injury reporting procedures, meet with pre-approved physicians and adhere to the medical advice provided.They also argue that giving businesses the option of purchasing work comp coverage (i.e., paying higher premiums) or running an injury benefit program ultimately allows more of them to stay afloat financially -- (although they are exposed to heightened liability risk).
In contrast, critics say that the system is inherently flawed in that it does not provide injured workers with the benefits they need and deserve.
To illustrate, it has been pointed out that under Wal-Mart's injury benefit program, the cap for total medical coverage for individual injuries is $300,000 as compared with lifetime coverage under state-regulated work comp coverage. Similarly, Wal-Mart's program gives injured employees 90 percent of lost wages for a maximum of 120 weeks as compared with 70 percent of lost wages for a maximum of 401 weeks under state-regulated work comp coverage (a maximum of $54,000 versus $140,350 in lost wages).
Finally, critics argue that injury benefit programs are endangering the entire work comp system by putting unfair competitive pressure on businesses that opt to remain in the system.
"You end up punishing the folks that are trying to do the right thing by making their life more difficult as this other option becomes more prevalent," said Rick Levy of the AFL-CIO.
What are your thoughts?
Stay tuned for further updates on 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 San Antonio Express-News, "Wal-Mart stirs fears by nixing state plan" April 10, 2012
]]>Back in 2003 and 2004, state legislators passed a variety of work comp measures championed by then-Governor Arnold Schwarzenegger that cut the cost of employer premiums.
While the reforms resulted in major relief for employers -- premiums fell by as much as 60 percent -- and insurance companies -- profits rose thanks to fewer and smaller claims -- the state's injured workers saw much-needed work comp benefits slashed and harder to obtain.
However, it now appears that reform is imminent and that this time it will be geared toward helping injured workers.
]]> "It seems perfectly clear to the participants in this system that the permanently disabled worker is not being adequately compensated," said Martin Morgenstern, Secretary of the California Labor and Workforce Development Agency. "We have a serious problem, and it needs to be fixed, and fixing it isn't going to be cheap."Interestingly, Morgenstern and the majority of the other key parties involved in the discussions all concede that the need to provide more benefits for injured workers cannot come in the form of increased work comp premiums for employers. The reason? The unemployment rate in the state is still very high.
Instead, they are looking to cost savings within the work comp system itself.
In particular, they are examining an updated version of a potential savings analysis prepared back in 2009 for Gov. Schwarzenegger that uncovered anywhere from $793 million to $1.5 billion a year in savings.
Some of the solutions offered by the savings analysis included:
Experts agree that any type of comprehensive reform will ultimately depend upon whether the aforementioned key players -- employers, workers, insurance companies, doctors, hospitals -- are willing to compromise.
Stay tuned for further updates on 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 Los Angeles Times, "California workers' comp overhaul effort is stirring," Marc Lifsher, April 12, 2012
]]>According to a recent study conducted by Colorado State University on behalf of CPWR - The Center for Construction Research and Training, the answer is yes -- at least as far as the construction industry is concerned.
Here, CSU researchers examined exactly 100,000 work comp claims filed in the state's construction industry and determined the following:
"It seems that the main driver of increased costs among aging construction workers are costs associated with lost workdays, disabilities, physical limitations, etc.," said Natalie Schwatka, one of the researchers. "These results were not especially surprising given that previous research has found that aging workers sustain more severe injuries."
Stay tuned for more 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:
EHS Today "Older construction workers have more costly workers' comp claims" April 6, 2012
]]>Thanks to a resolution passed by the U.S. House of Representatives back in 2010, April is now officially known as "National Distracted Driving Awareness Month."
While some may question the need for a month long campaign, consider the following sobering statistics from the U.S. Department of Transportation:
"It's time to start changing the social acceptance of cell phone use while driving," said Janet Froetscher, president and CEO of the NSC. "While many understand the dangers, they still use their cell phones when they drive. We hope people will take the pledge this April to help prevent needless tragedies and keep our roadways safer."
]]> It's also important to keep in mind that the message behind National Distracted Driving Awareness Month does not just apply to people using cell phones while off-the-clock.In fact, it is equally applicable to those required to spend some portion of or perhaps their entire workday behind the wheel. This includes everyone from long distance truckers, tow truck drivers and construction workers to salespeople, government workers and delivery people.
Interestingly, the NSC is offering employers a free cell phone policy kit, while the ASSE Transportation Practice Specialty group is offering a few basic tips workers can use to avoid distracted driving.
These tips include some of the following:
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.
Sources:
EHS Today, "Steering clear of distracted driving" April 4, 2012
EHS Today, "April Is Distracted Driving Awareness Month" April 2, 2012
]]>Carpal tunnel syndrome
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 (i.e., 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.
]]> The symptomsSymptoms of carpal tunnel syndrome often include the following:
Causes of carpal tunnel syndrome
Causes of carpal tunnel syndrome often include the following:
If you have questions or concerns about carpal tunnel syndrome, it is imperative that you speak with an experienced medical professional.
Stay tuned for more from our San Diego workers' compensation law firm ...
This post was for informational purposes only, and is not to be construed as legal or medical advice.
Sources:
U.S. News and World Report Health, "Health Tip: Warning Signs of Carpal Tunnel Syndrome" March 28, 2012
Mayo Clinic "Carpal Tunnel Syndrome"
]]>While there always seems to be an ongoing dialogue on the subject of work comp reform in California, it is no longer alone in this regard, as more and more states are revisiting the issue.
In fact, the issue is now taking center stage on Capitol Hill, where there has been no major work comp reform -- let alone any real dialogue on the topic -- for almost 40 years.
This is significant because the federal workers' compensation system, created as part of the Federal Employee Compensation Act (FECA) and run by the Department of Labor, currently covers almost 3 million employees and pays out billions each year.
Now, Congress is considering legislation that, if passed, would drastically reduce the work comp benefits of roughly 18,600 federal employees.
]]> Specifically, the legislation calls for the following:The call for federal work comp reform was initiated following the discovery that certain federal employees -- particularly those close to retirement -- were improperly collecting workers' compensation benefits administered under FECA.
(Specifically, investigators determined that many older federal employees were more apt to exploit work comp benefits since they pay more than standard retirement benefits.)
However, there is mounting concern in Congress that these proposed cuts would be devastating for injured workers and create financial instability for those who rely on the steady income.
In fact, Senator Daniel Akaka (D-Hawaii) is planning to introduce an amendment that would eliminate the proposed reductions.
"I am especially concerned that these provisions are retroactive and will change benefits for some employees who are already injured," he said. "We simply must not change the rules after the fact for disabled employees who were relying on the promise of these benefits. That is part of the bargain we make with our employees"
Stay tuned for further updates on 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 Washington Post, "Possible cuts in workers' compensation cause concern" March 28, 2012
The Sacramento Bee, "Hearing portends battle over California workers compensation" March 28, 2012
]]>