Workers' Compensation

July 31, 2015

OSHA Calling For Reform For Benefits To Temporary Employees

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

July 30, 2015

Heat Stroke and Heat Related Injuries Caused By Working Outdoors

by Altman & Altman

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.

July 23, 2015

What Are Repetitive Stress Injuries? How Do Workers Get Them?

by Altman & Altman

Repetitive stress injuries (RSIs) can affect workers in almost any occupation. These injuries typically occur when a repetitive motion damages soft tissue in a specific part of the body. There are various types of RSI, but the most common is Carpal Tunnel Syndrome. This condition is most commonly found in office workers that spend significant time using a computer keyboard. It affects the ligaments and tendons within the tissue that makes up the carpal tunnel in the wrist. Neck strain, different types of back problems, and rotator cuff damage are common among carpenters, mechanics, and construction workers. The Bureau of Labor Statistics reports that RSIs account for approximately 60% of work-related injuries, and are diagnosed in one out of every eight workers in the United States. As a Massachusetts workers compensation lawyer, I’m consistently seeing varying degrees of RSI’s.

Common Types of RSIs

RSIs are directly related to a specific kind of repetitive motion. There are many different occupations with a high incidence of RSIs. The most commonly reported injuries include the following:

Tendonitis – Tendons are tissues that connect muscles to bone. Because they are largely responsible for movement, tendons consist of extremely strong, flexible, fibrous, cable-like connective tissues. When tendons are overused, they may become inflamed, causing pain, stiffness, and tenderness in areas around the joint. This can occur at any joint in the body. Treatments include anti-inflammatory medications, ultrasound and massage therapies, stretching and strengthening exercises, and orthotics or splinting. However, the most important element in treatment is rest, which can be difficult when lost wages are involved.
Carpal Tunnel Syndrome – The carpal tunnel is a passageway on the palmar side of the wrist that consists of bone and connective tissue. It creates a canal for the median nerve, which runs down the forearm and into the hands and fingers (carpals). The tendons running from the forearm to the fingers also pass through this tunnel. As with tendonitis, when the carpal tunnel becomes inflamed from overuse, it presses against the median nerve, causing pain, weakness, and numbness that may radiate up the forearm. Management includes splinting and anti-inflammatory medications. Surgery is becoming an increasingly recommended treatment.
Bursitis – A fluid filled sac found in joints, a bursa is responsible for cushioning spaces between bone and other tissues, including muscle, tendon, cartilage, and skin. With approximately 160 bursae scattered throughout the body, repetitive motion can cause inflammation. Pain and tenderness are common symptoms. The fluid within the bursa may swell, causing decreased mobility in the affected joint. As with tendonitis, treatment includes anti-inflammatory drugs, ultrasound and massage therapies, stretching and strengthening, elevation, and rest. If these fail, the next level of treatment is corticosteroid injections.

July 22, 2015

What Illnesses and Injuries Are Covered By Massachusetts Workers’ Compensation Laws?

by Altman & Altman

Workers’ Compensation exists to protect both employee and employer in the event a worker is injured, becomes ill, or dies on the job. Workers’ comp protects injured employees by covering eligible medical bills and providing disability payments while the employee is unable to work. Employers, on the other hand, are protected from being sued by injured employees for damages such as pain and suffering, medical bills, and emotional trauma.

Covered injuries don’t necessarily need to be sudden and catastrophic, such as falls from high places and severe chemical burns. Even relatively minor injuries that occur over long periods of time, and pre-existing conditions that are exacerbated by the working environment can be eligible.

Almost all work-related injuries and illnesses are covered by workers’ compensation, but exceptions do exist. As long as the injury occurs “during the course of employment,” it is typically covered. “During the course of employment” doesn’t necessarily mean during normal office hours and at the normal place of business. For example, an insurance agent would be covered by workers’ comp while on an after-hours sales appointment at a client’s house. Additionally, injuries suffered while participating in work-related activities, such as at a company softball game, may also be covered. If you think you may have a case but aren’t sure it’s always a good idea to call a Massachusetts workers compensation lawyer to fully understand what benefits are available to you.

What If the Worker is At-Fault For the Injury?

Workers’ compensation is basically a no-fault system. Even if the employee’s injury was a result of his or her own carelessness, coverage still applies. However, it’s a different story when alcohol is involved. Simply being intoxicated isn’t always enough to refuse a claim. In some states, coverage will only be denied if the injury was a direct result of the worker’s intoxication. Other commonly excluded injuries are those suffered by a worker who engages in violent behavior, starts a fight, self-inflicted injuries, and those caused by the use of illegal, non-prescription drugs. Many states, however, still cover injuries caused by these actions, as long as the employee’s behavior wasn’t the sole cause of the injury. Continue reading

July 15, 2015

Sleep Apnea Increases Risk of On-the-job Injury

by Altman & Altman

According to a University of British Columbia, Vancouver study, individuals with sleep apnea have a substantially greater risk of on-the-job injuries than those without the condition. In fact, people with a severe case of the breathing disorder, known as obstructive sleep apnea, have nearly double the risk of being injured in a work-related accident.

The patients in the study, which observed 1,236 individuals over an eight year period, underwent polysomnography to identify obstructive sleep apnea. A.J. Hirsch Allen, PhD, a research associate at the university, noted that the risk is even more serious when other confounding factors are present. These include obesity, alcohol use, sex, and blue-collar industry occupations. “Screening and treatment of workers with obstructive sleep apnea may reduce rates of injury,” said Hirsch Allen.

Risk of Motor Vehicle Accident 7 to 8 Times Greater For Those With Obstructive Sleep Apnea.

Commenting on the study’s findings, past president of the American Academy of Sleep Medicine, M. Safwan Badr, MD, believes the study reinforces what we already know about sleep apnea and everyday injuries. “The large number of patients in the study is one of its strengths. This is a naturalistic experiment. This is what is happening in real life,” said Badr, “We know that persons with obstructive sleep apnea are 7 to 8 times more likely to be involved in a motor vehicle accident either because of sleepiness or loss of vigilance or they distract themselves to stay awake. This study now extends this to occupational injury.” Continue reading

June 4, 2015

Workers’ Compensation Information is a Target For Data Thieves

by Altman & Altman

There is rising concern in the workers’ compensation industry over the security of the personal and health information of employees. Worker’s compensation organizations manage an extensive database of such information on employees around the country. According to managed care services provider Genex Services, L.L.C., the amount of medical data and personal health information stored by the workers’ comp industry positions it as an easy target for data thieves. The concern and threat are real, but many in the industry are beginning to use new technology and security practices to significantly reduce the risk. Continue reading

May 27, 2015

Worker in Massachusetts Construction Accident Struck by 700-Pound Granite Stone

by Altman & Altman

A worker was injured in an Amherst construction accident when a granite slab weighing about 700 pounds fell on him while he was on the job at the University of Massachusetts Amherst campus. Carlos Velasquez injured his hip, shoulder, and leg. He was transported to a Springfield hospital.

The Massachusetts work accident took place while the 55-year-old worker was underpinning supports for a renovation and expansion project. Velazquez is employed by Schnabel Foundation Co. The Springfield company is the subcontractor for this job.

The impact of the granite slab falling onto Velasquez pushed him into an excavated area. Workers removed the slab from his body.

May 25, 2015

If You Sustained A Cumulative Trauma Disorder on the Job, You Should Speak with a Massachusetts Workers’ Compensation Lawyer

by Altman & Altman

According to Bureau of Labor statistics from 2011, cumulative trauma disorders comprise over half of all occupational illnesses in the U.S. CTDs are caused and aggravated by repetitive movements or exertions that affect specific parts of the body. Nerve tissue, muscles, and tendons can be damaged over time, with the wrists, shoulders, knees, hands, eyes, neck, and back among the most common body parts affected.

CTDs can be cause by small, repetitive movements, not taking breaks, poor workstation setups, non-ergonomic working conditions, working in the same position for extended periods, too much physical grasping while working, poor work techniques.

May 21, 2015

Employer Cannot Get Credit for Lump Sum Previously Paid in Workers’ Compensation Case, Rules Court

by Altman & Altman

According to a ruling by a state Supreme Court, an employer is not allowed to get credited for the full amount of a lump sum workers’ compensation settlement that it already paid in a case that was later re-opened after the employee’s occupational disability worsened. The Kentucky Supreme Court ruled that the employer Gardens Glen Farm did not have a right to receive dollar-for-dollar credit for payments made previously to the claimant.

The employee, Bethany Balderas, was seriously injured while working as an exercise trainer for Gardens Glen in 2006. The horse she was riding fell and rolled over her, causing her to fracture two vertebrae. She underwent fusion surgery before going back to work. For her harm suffered, Balderas negotiated a $100K lump sum payment based in part on a 29% disability impairment rating.

However, according to court filings, she petitioned to have her workers’ compensation claim re-opened because her occupational disability had worsened. An administrative law judge ruled two years later that Balderas had demonstrated that with a decreased range of spinal motion and other impairment issues, her impairment had increased by 30%. She also was no longer able to work as an exercise trainer.
The judge awarded her 425 weeks of permanent partial disability benefits at a rate of $275/week. That amount was determined in part by Balderas’s eligbility of $456.25 in benefits a week, with $180.42/week credited to offset her claim when she had settled earlier with Gardens Glen.

May 15, 2015

Disney Worker Death Lawsuit May Proceed, Rules Judge

by Altman & Altman

A circuit judge has turned down Walt Disney Parks and Resorts’ motion to dismiss a complaint submitted by a woman whose husband died while testing a ride. Terrie Roscoe sued the company in 2012, the year after her husband, attractions mechanic Russell Roscoe, was struck by a ride vehicle at the Animal Kingdom.

At the time of the work accident, Roscoe and other workers were “wet testing” the Primeval Whirl ride. This involved workers spraying water at the top of the lift platform during inspections.

According to the family’s lawyer, the accident happened while Russell was in the ride envelope, where he wasn’t supposed to be. The attorney said there was sufficient evidence indicating that managers knew where Russell was and that the worker had reasonable grounds to think that a car was not going to be launched while he was in the ride envelope.