Articles Posted in Workers’ Compensation

Employees between the ages of 14 and 24 represent approximately 13% of the work force, according to the Center for Disease Control and Prevention (CDC). This means that at any given time, there is an average of 18 million young employees in the United States. The agency reports that, between 1998 and 2007, hospitals treated approximately 795,000 teenagers and young adults for work-related injuries.

Emergency departments receive visits from workers under 25 twice as often as older workers. In 2012 alone, 375 workers under the age of 24 died in a work-related accident. Of these, 29 were under the age of 18. Lack of experience and safety training, coupled with the types of work pursued, are contributing factors to this higher instance of injury and death. Early careers in food service, agriculture, and hospitality are the most common for this age group, and all of these occupations come with an increased risk. The United States Public Health Service has declared its goal to reduce occupational injury rates among teens by 10%, by the year 2020.

Lifting Objects

Approximately 950 workers’ compensation claims involving musculoskeletal injuries are filed annually in the United States. The most common cause of this type of injury is heavy or repetitive lifting. Many young workers obtain positions that require constant lifting of items such as boxes, construction materials, crates, buckets, and pallets. Grocery store clerks and stockers, employees in shipping and receiving, kitchen workers, and dishwashers are all examples of positions that rely on heavy lifting.

Handling Knives

The food service industry hires a large percentage of teens and college students. Dishwashers and cooks handle many different kinds of knives during the course of a shift. In the retail and grocery industries, clerks and stockers use sharp objects to open boxes. Supermarkets often hire inexperienced youth to operate food slicers. These scenarios have a high potential for cuts, lacerations, and even more severe injuries. Approximately 130 cases of a thumb or finger amputation are reported every year among employees under 24. Annually, an estimated 525 young workers’ compensation claims are a direct result of knife mishaps. Continue reading

Every day in the United States, overexertion in the workplace results in thousands of trips to the doctor or emergency room. Overexertion can occur in any type of occupation, from seemingly benign office positions to highly physical construction jobs. Long-term effects can lead to temporary or permanent disability and, consequently, the inability to perform job duties. Even when physical symptoms are not debilitating, victims of chronic conditions often experience some level of depression.

The National Safety Council reports overexertion as the leading cause of workers’ compensation claims in the United States. Some of the most commonly recognized examples of overexertion include carpal tunnel syndrome and musculoskeletal disorders, often referred to as repetitive stress injuries. However, two examples of overexertion that are regularly overlooked are fatigue and dehydration.

Fatigue as a Workplace Hazard

Federal and state laws require employers to provide certain periods of rest for employees, depending on the length of the shift and the type of work performed. Without these necessary breaks, the impact of both mental and physical fatigue can become a workplace hazard. One of the most dangerous effects of fatigue is the inability to think clearly and react quickly and appropriately. This is especially important in occupations that require operating heavy machinery and driving, and for medical professionals and emergency personnel responsible for making life altering decisions. Research shows that employees who work in shifts have are six times more likely to be involved in a fatigue-related accident.

Certain causes of fatigue may be out of an employer’s control, such as detrimental sleeping patterns or the unhealthy lifestyle of an employee. However, the risk of fatigue is commonly increased by certain work-related factors including:

  • Excessive mental of physical exertion without appropriate access to food, hydration, or rest during the workday
  • Work scheduling that goes against the body’s natural bio-rhythms
  • Excessive and continuous cold or hot work environment
  • Monotonous or strenuous workload

Employers have a responsibility to provide a safe, healthy work environment. It is important that employers are consistently aware of potential cases of fatigue among employees, as well as any contributing factors. Workplace practices should be managed to minimize the onset of fatigue and maximize healthy work habits. Continue reading

A construction worker passed away this Friday in the second fatal worksite accident in Taunton, Massachusetts in the past three weeks. According to preliminary reports, law enforcement officials were called to a worksite at Myles Standish Industrial Park at approximately 8:50 AM when an individual notified them of a worker with “life-threatening injuries”. The victim has not yet been identified pending family notification.

The Taunton Police Department, who responded to the scene, posted a statement online stating that, “Upon arrival it was determined that an adult male had succumbed to his injuries and was deceased.” The extent and nature of the individual’s injuries have not been disclosed at this time. Law enforcement officials have not indicated the nature of the accident that caused the fatal injuries to the worker.

In addition to the Taunton Police Department, the Taunton Fire Department as well as personnel from the AMR Medical responded to the scene in an effort to save the individual’s life. The worksite, which is located at Charles F. Colton Road, will now face an investigation in an effort to determine what events led to the worker’s death. According to reports, law enforcement officials have remained on scene to continue their investigation. The accident occurred outside of an 800,000 square foot wine and liquor warehouse facility belonging to the Martingnetti Company. The facility spans approximately 115 acres along the Charles F. Colton Road. Representatives from the company have not issued regarding the incident a statement at this time. Continue reading

A building collapse injured six people in Smithfield, Rhode Island early this morning. The building, which had been under construction at the time of the collapse, is property of Bryant University. The steel framework for the structure had already been installed, and the breakdown occurred when these steel beams collapsed forward. The exact cause and nature of the accident is currently under investigation at this time.

Smithfield Fire Chief Robert W. Seltzer stated in initial reports that the department had received a call from the Bryant University construction site at approximately 8:15 AM. The supervisor of the construction site had alerted authorities after the structure collapsed and trapped six workers under the steel beams. The Smithfield Fire and Police Departments both quickly responded to the call, but upon their arrival they decided to call for additional backup. Authorities responding to the scene issued a Level 1 response, which automatically dispatches 5 additional units to aid efforts at the scene of the accident.

The Smithfield Fire and Police Department were able to successfully free the six workers that had become trapped under the steel structure following the collapse. All six individuals were transported to Rhode Island Hospital with non-life threatening injuries. Bryant University spokeswoman Elizabeth O’Neil issued a statement following the accident indicating that there were no students or faculty present in the area of the collapse and that the university was cooperating in the investigation. O’Neil went on to say that the accident that took place today would not have an effect on the opening day of classes which are slated to start on September 8th. Continue reading

As minimum wage debates ripple across the country, American workers have begun to reevaluate their employment rights. Employers are responsible for adhering to federal and state labor laws that govern minimum wage, overtime pay, holiday pay, family medical leave, discrimination, and harassment. Employees often forego a deeper understanding of these legal guidelines because they trust their employers to follow industry standards and regulations. However, awareness of these laws and what constitutes a violation can empower workers to ensure that their rights are protected. The following is an overview of labor laws specific to Massachusetts.

Massachusetts Minimum Fair Wage Law

This law regulates minimum wage, minimum hours worked on a daily basis, and standards for overtime work. Massachusetts’ minimum wage became $8.00 per hour on January 1, 2008. Certain positions, such as tipped employees, present special circumstances that require a different minimum wage. Additionally, if an employer fails to pay an employee at least one and one-half times the regular pay rate for overtime (which is over 40 hours per week), that employer is in violation of the Minimum Fair Wage Law.

The Fair Labor Standards Act (FSLA)

The Fair Labor Standards Act (FSLA), a federal law, is very similar to the Massachusetts Minimum Fair Wage Law. FLSA also regulates federal minimum wage requirements and time and a half overtime pay. In work situations where both state and federal laws apply, employers must follow the law with the higher standards. Certain employees in administrative, executive, or professional positions are exempt from overtime pay. To qualify, both a salaries test and duties test must be met. Continue reading

When a chronic medical condition is a result of your work environment, it may be considered an occupational disease.  Any worker in Massachusetts needs to know that any exposures to toxins, poor air quality, and lack of proper ergonomics can all contribute to a vast array of debilitating medical conditions and diseases. Tracing the signs and symptoms back to the work environment can be challenging, as many occupational diseases can also be experienced by the general public. However, approximately 860,000 illnesses and 60,300 fatalities are thought to be a result of workplace environments annually in the United States. Recent studies show that 17% of hospital and primary care patients believe their illness is related to harmful exposure in their place of employment. Of these patients, an estimated 10% are officially diagnosed with a work-related medical condition. Because early diagnosis of many illnesses can reduce chances of disability or death, understanding potential hazards you may be exposed to is important.

Respiratory Diseases

Inhalation of toxins can cause a variety of lung conditions and is a concern in many different industries. Asthma, rhino-sinusitis, and bronchitis are frequently cited as work-related medical issues. Pneumoconiosis is a general, umbrella term referring to various types of reactions to the inhalation of dust. The number of fatalities from pneumoconiosis was 260,000 in 2013.

Asbestosis

Asbestosis is a type of pneumoconiosis caused by extended or intensive exposure to asbestos, a naturally occurring mineral made of long thin fibrous crystals that irritate the tissues in the lungs. Occupational exposure can occur in manufacturing and mining work, as well asbestos removal. Severe shortness of breath and dry coughing are common symptoms. Risks of long-term inhalation can lead to malignant cancers and mesothelioma. In 2013, asbestosis resulted in 24,000 fatalities in the United States. Continue reading

Massachusetts provides benefits for five types of workers’ compensation disability claims. These are 1) temporary total disability, 2) temporary partial disability, 3) permanent partial disability, 4) permanent and total disability, and 5) death. Total disability is paid for up to three years when an injury prohibits any ability to work. Benefits for permanent and total disability typically pay a percentage of an injured worker’s wages, on a permanent basis. Workers’ Compensation death benefits are designed to help families of workers who have died from a work-related injury or illness. However, the majority of workers’ compensation claims in the United States are permanent partial disability (PPD).

What is Permanent Partial Disability?

If an employee’s work-related injury has lessened his or her ability to work to some degree, but not entirely, PPD benefits may be available. This reduced earning capacity may be triggered by a necessity to change jobs, work less hours, or work for decreased wages. The injured worker’s physician uses American Medical Association (AMA) guidelines to determine the level of disability. In addition to injuries from falls, burns, or fallen objects, these AMA guidelines also cover occupational diseases, such as respiratory conditions from allergen exposure, neurological disorders from metals or pesticides, and even carpal tunnel syndrome. PPD standard coverage can last no more than 5 years (260 weeks). However, coverage may be extended to 520 weeks if there is a 75% permanent loss of body function or a diagnosis of a perpetual life-threatening condition such as:

  • Spinal cord damage
  • Loss of organ functioning, such as lungs, kidney, urinary, or bowel function
  • Damaged equilibrium
  • Loss of mental functioning, such as short term memory loss or language comprehension
  • Cancer
  • Autoimmune disease

Continue reading

From heavy machinery hazards to poor ergonomics, workplace injuries affect an estimated three million Americans annually. The Occupational Safety and Health Administration (OSHA) was created in 1970 to regulate workplace standards and advocate for safe and healthy environments for workers of all fields. Part of their mission is to provide “training, outreach, education and assistance” to both employers and employees alike. With an average of 4,500 workplace fatalities occurring every year, it is vital for all employees to be aware of steps they can take to reduce workplace injury risk. This may involve the design of a more ergonomically efficient desk area, or bringing worn or broken equipment to an employer’s attention. Ultimately, employers are responsible for creating a safe, hazard-free work culture. However, education and awareness on everyone’s part can dramatically reduce risk.

Overexertion Injuries

As the leading cause of workers’ compensation claims, overexertion injuries result in approximately $3 million in annual benefit payments. Consistently lifting, pulling, or carrying heavy objects, and typing or working in an awkward position, can trigger muscle strain or soft tissue damage. These injuries are often acute, but usually heal with treatment. They may, however, become chronic if not treated properly or in a timely manner. Prevention measures include the following:

  • Lift lighter loads.
  • When lifting heavy objects to or from a shelf above you, use a step ladder or other secure object to decrease the distance.
  • Be aware of your posture.
  • Take frequent breaks and stretch continually.
  • Engage in strength training.
  • Know your limits.

Continue reading

The Occupational Safety and Health Administration (OSHA) is calling for a reform that would provide temporary employees with the same benefits and training that permanent employees hold within a company. An agency that provides temporary workers to various businesses committed a serious violation in 2014 and has since been called upon to improve their conditions for all employees. Marathon Staffing Services Inc. was called into question when it became evident that they did not administer hearing tests for their employees who were consistently exposed to elevated noise levels while working for Concrete Systems Inc. based out of Hudson, New Hampshire.

According to reports detailing the new agreement that has since been put into place, Marathon Staffing Services is required to have a qualified health and safety professional review a checklist that details possible safety and health concerns present in the work environment. Once the health and safety professional has acquired a direct list of concerns, they will then be able to move forward in the process in terms of conducting an initial inspection. From there, they will also hold periodic inspections and audits to ensure that the conditions displayed at these workplaces are meeting each of the standards OSHA has in place.

In addition to the mandated inspections, Marathon will also be required to provide necessary training to account executives and sales representatives to ensure that their health and safety knowledge is comprehensive. Marathon is also asked to develop written contracts that are specific to each individual client that works with them—an initiative that will detail what the respective requirements will be for each workplace that will be supplied with temporary employees via Marathon Staffing Services Inc. These contracts will ensure that each client is fully complying with the health and safety standards being put into place by OSHA in hopes of protecting all employees in the future. Kim Stille, the New England regional administrator for OSHA, has said that “Both host employers and staffing agencies have critical roles in complying with workplace health and safety requirements.” Continue reading

Water, rest, shade; three simple words that hold a lot of meaning if you are out working in the hot sun all day. The Occupational Health and Safety Administration (otherwise known as OSHA) as well as the Centers for Disease Control and Prevention (the CDC) are offering easy to follow guidelines in order to prevent heat related illness in workers across the country.

That water, rest, shade motto is the first step toward enlightening workers on what they need to do to make sure they are working in safe conditions. OSHA recommends that all workers who are outside in warm conditions drink water every 15 minutes, even if they don’t feel as though they are thirsty at the time. They also suggest that workers rest in the shade, or an air-conditioned area if available, to cool down periodically throughout the day. Wearing a hat and light colored clothing can also contribute to a person’s ability to cool down efficiently during the workday. OSHA believes that employers should train all of their workers on the signs and symptoms of heat illness so that they are effectively able to recognize it within themselves and others. Knowing the symptoms and keeping an eye on your fellow workers could lead to the prevention of serious issues arising.

Workers are not the only ones responsible for preventing heat related illness from striking in the workplace. Employers are instructed to make cooling down an easily accessible option for all of the employees under their care. Providing water stations, shaded areas, and frequent breaks are all necessities that should be provided to those who work outside in the summer heat. OSHA suggests that those who are new to working outside, or for those who usually work outside but have not done so for a period of a week or longer, to have adjusted work schedules to ensure that these individuals are becoming acclimatized to their workload for the day. Acclimatization is heavily stressed by representatives for the Occupational Health and Safety Administration purely because heat tolerance is built up over time. Gradually easing new or returning workers back into their schedule for the day is the best and safest way to be sure that these individuals are not leaving themselves at a higher risk for heat illness.

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