Articles Posted in Workers’ Compensation

The World Health Organization estimates that 265,000 deaths are caused by burns annually, mainly occurring in the home and workplace.  According to the American Burn Association, there were 486,000 burn injuries that required medical treatment in 2016.  Annually, the American Burn Association estimates 3,400 U.S. burn injury deaths in the United States.  Of these, 2,550 result from residential/workplace fires, 300 result from vehicle crash fires, and the remaining 550 result from various causes, such as flames, smoke inhalation, scalding, and electricity.  In terms of the cost for burn injuries and deaths, the Center for Disease Control and Prevention estimates that males account for $4.8 billion, or 64 percent, of total fire and burn-related costs annually, while females account for the remaining $2.7 billion, or 36 percent.  Injuries sustained from burns, whether heat, electrical, radiation, friction, or chemical burns, happen far too often and cost far too much money for accidents that are avoidable most of the time.

According to the Burn Foundation, the Food Service Industry experiences the highest number of burns among all employment sectors, about 12,000 burns annually.  Many jobs involved in the Food Service Industry, including cooks, food handlers, kitchen works, and waiters, are among the top 50 professions at risk for on-the-job injury.  The majority of people who need to be hospitalized for burns sustained in the workplace work in the food preparation industry.  Teenagers working at fast food restaurants as fry cooks are at a higher risk, often because they are not adequately trained or have little experience.  For those working in the food industry, there are some simple ways that you can protect yourself from severe burns while on the job.  Be sure to wear protective gloves when touching hot pots or cooking with a deep fryer.  Wear shoes that have traction to avoid slipping on wet or greasy floors.  Extinguish hot oil or grease fires by covering the pot or container with a lid.  Don’t reach across hot surfaces.  Be sure to read all directions and understand the proper use of electrical appliances and stoves before use.  These precautions can also be utilized to prevent burns in residential kitchens.  Although some of these are occupationally specific precautions to take, there are additional general safety measures you can implement to avoid possible burn hazards in your own office, the most simple of which being aware of hot or corrosive objects and substances.  Continue reading

For several years, the U.S. property/casualty (P/C) industry’s workers’ compensation line has suffered underwriting losses.  However, 2015 marked a significant turnaround, according to a recently released report published by Fitch Ratings, Inc.  The report showed substantial profits for P/C workers’ compensation line.  Yet, Fitch also projects that due to recent competition, the workers’ compensation (P/C) line will return to an underwriting loss by 2017.  Jim Auden, managing director at Fitch, made a statement on the report saying, “The workers comp insurance market saw a sharp turnaround in the last few years due to past premium rate increases, stable loss cost trends and improved loss reserve experience, however, this performance will likely be unsustainable as price competition intensifies due in part to abundant market capacity.”  Fitch reports the segment underwriting combined ratio plunged from a cyclical peak of 117 percent in 2011 to the recent 95 percent in 2015.  Fitch predicts the workers’ comp line will produce a higher combined ratio of 98 percent this year followed by underwriting losses in 2017.  Steve Goldberg, Dallas-based chief risk and operating officer at AEU Holdings L.L.C. and president of TEE & GEE Group, said he wouldn’t be surprised if the combined ratio went as high as 105 percent in 2016 since “there isn’t enough medical management to offset the rise in medical provider costs.”  The Great Recession negatively impacted the workers’ compensation business, as it did most other businesses, specifically causing weak pricing and substantial drops in segment premium volume.  The underwriting response to the losses inexperienced in 2010 and 2011, in addition to the improving economy, caused a steep spike in written premium volume for the segment.

Further underwriting losses could be detrimental to companies seeking workers’ compensation insurance, notes Mike Vitulli, Boston-based vice president of Risk Strategies Co. Inc.  Vitulli predicts that some insurers will “avoid certain classes of business or states—or both” therefore reducing the insurance options for clients.  One example he provided in an email is that technology firms will probably not have difficulty securing workers compensation insurance for their employees but home health care companies in Massachusetts, where nurses often suffer musculoskeletal injuries on the job, may have more trouble finding coverage.  Continue reading

A crane collapsed yesterday along the Medford-Everett line, injuring the operator of the piece of machinery.  The accident occurred next to the Revere Beach Parkway were the Woods Memorial Bridge Project is currently underway.  Workers were cleaning up for the day when the crane become unbalanced and completely flipped over.  At the time, the crane was carrying 200 gallons of diesel fuel at the time, which began leaking.  Environmental groups were called to help clean up the fuel.  The operator suffered minor injuries, a broken arm and wrist, after he was trapped inside the crane when it fell.  Some of his coworkers used a torch to get him out before first responders arrived.  The operator works for Coastal Marine and was taken to Mass General Hospital but is expected to be OK.  Investigators from the Occupational Safety and Health Administration (OSHA) are back investigating the incident today.  This is a relatively lucky case compared to dozens of other crashes in which many have died.

Worksite crane accidents can occur easily if the proper safety precautions are not taken.  Cranes are vital to the manufacturing and construction industries as they lift and transport heavy materials that could otherwise not be moved.   If the machinery is properly installed and maintained, cranes can move materials quite safely and efficiently.  However, if operation and safety procedures are not followed when using cranes and other large machinery, the lives of workers and bystanders can be put at great risk.

There are three main hazards that construction workers and crane operators need to be vigilant of when working near cranes.  The first are electrical hazards.  OSHA reports that nearly 50 percent of overhead crane accidents result from the machines touching a power source during operation.  Power line contact, when a metal section of a crane inadvertently contacts a high-voltage power line, typically occurs when the crane is moving materials under or nearby a power line.  Every year, almost 200 people die from power line contact with about 600 being seriously injured.  Often, the victims are individuals who are guiding the load, but everyone present at a work site is also vulnerable to such risks.  Planning is the most important preventative measure to take.  It is especially important to appoint someone to be in charge of safety planning at worksites and to follow OSHA and ANSI guidelines about distance restrictions from power lines.  A second major hazard is overloading.  OSHA reports “80 percent of all crane upsets and structural failures can be attributed to exceeding the crane’s operational capacity.”  Overloading most often causes loads to drop or swing inadvertently and oftentimes occurs when under qualified personnel are allowed to operate cranes.  It is essential all workers who operate cranes on sites are properly trained and utilize load-measuring systems rather than relying on instinct and experience to determine if a crane can handle a load.  The third and final major hazard is the case of materials falling.  Aside from materials falling from overloading, loads can also fall if they are improperly secured.  Statistics show that almost 20 people died in 2012 from accidents involving overhead hoists.  These loads are often heavy and cause serious damage and injury if dropped.  To reduce the risk of falling materials, it is crucial to perform regular maintenance checks and to make sure all loads are completely secured.  Generally, all workers who interact with or around cranes and other heavy-duty machinery should be aware of safety procedures and be sure to follow regulations by OSHA and the manufacturers of the machinery.

 

Cranes are often used on construction and industrial sites to lift and move heavy objects.  They are often essential as they are one, if not the only, tool used to move objects that weigh thousands of pounds.  There are more than 125,000 cranes in use in the construction industry, as well as an additional 100,000 more used in general and maritime industries.  These cranes are operated by more than 250,000 workers.  Although invaluable, cranes can be extremely dangerous if not operated using the correct safety precautions.  The size of the crane itself, as well as the size of the materials it moves, can fatally injure workers and bystanders if the crane or the materials were to fall.  The most recent data provided by the Bureau of Labor Statistics on crane accidents is from 2006.  There were 72 reported fatalities caused by crane accidents that year.  Over the decade prior to that from 1997 to 2006, there were 818 total workplace deaths as a result of crane accidents.  These fatal accidents were most commonly caused by objects falling from the cranes that then hit a worker or bystander.  Some other causes also include being run over by a crane, falling from a crane, and electrocution.

In numbers, 62 percent of deaths were caused by contact with object or equipment, 20 percent were due to falls, 10 percent were due to transportation incidents, and 8 percent were a result of contact with an electrical current.  Objects do not just fall from cranes without reason, however.  The most common causes of these accidents are use of crane for purposes outside of the manufacturer’s specifications, improper crane selection, poor weather, improper crane set up, and falling debris or other hazardous conditions surrounding the crane.  By following proper safety protocol, most crane accidents can be prevented.  It was found that 90 percent of crane accidents are caused by human error and 80 percent can be attributed to crane operators exceeding operational capacity.  That is why it is of the utmost importance that those operating such machinery be sufficiently trained and aware of the dangers of using cranes improperly.   The Occupational Health & Safety Administration (OSHA) has estimated that up to 90 percent of crane operators do not have certification.  Therefore, it has recently revamped its safety regulations in order to reduce crane accidents. Continue reading

According to the Occupational Safety and Health Administration (OSHA), 4,821 workers were killed due to work-related accidents and illnesses in 2014. That is the equivalent to 13 deaths per day. Latino and Hispanic workers accounted for a disproportionately large number of those fatalities, with 804 on-the-job deaths. It is common knowledge that construction jobs are among the most dangerous in the country. But what other occupations carry a risk of serious injury and death? Contact a Massachusetts Workers’ Compensation Lawyer Today.

The “Fatal Four” of Construction Jobs

About one-fifth of all worker deaths occur in the construction industry. Within these occupations, the top causes of death are falls, electrocution, being struck by an object, and getting caught in or between an object, in that order. These four types of construction-related fatalities are ominously known as the “Fatal Four”. With so much construction in Boston and throughout Massachusetts it the number of work related accidents is higher here than in many other states.

Beyond Construction

Although construction workers account for the largest portion of on-the-job fatalities, other industries are actually more dangerous. Fishing and logging, for example, are associated with an extraordinarily high rate of death. .

Deadliest Occupations

Below is a list of the most dangerous occupations, in order of their risk of death.

  • Logging
  • Mining
  • Iron and Steel Workers
  • Roofers
  • Garbage Collectors
  • Farmers
  • Ranchers
  • Truck Drivers
  • Construction Laborers
  • Police Officers

 

Logging is particularly dangerous because it involves spending long days outside, sometimes in extreme weather, working with heavy machinery and falling trees, often at high altitudes. More than half of all logging injuries are the result of being struck by an object. Along with logging, many other jobs on the dangerous list, including mining, farming, and working with steel and iron, share many risks associated with construction – long hours spent outdoors, and working in close proximity with heavy machinery.

Law enforcement occupations and airline pilots also carry a higher-than-average risk of fatality, but not because of heavy machinery. Police officers have an increased risk of injury due to violent acts. Transportation accidents, including crashes, are a leading cause of fatality for airline pilots. The risk of being seriously injured or killed in a work-related accident is decreased dramatically by taking proper precautions before reporting to work every day. Employers have a duty to provide a safe working environment, appropriate safety gear and tools, and adequate training. Continue reading

In recent years, group health insurers and Third Party Administrators (TPAs) have been looking for inventive ways to provide better and less expensive health services to their customers.  This comes at a time when the nation has been spending billions on medical and insurance expenses for employees injured at work.  Two Thought Leadership papers were published from PTPN, a national network for independent rehabilitation specialists, that study the positive effects of physical therapy in terms of collective health and workers’ compensation cases.  PTPN has led the rehabilitation business since 1985, innovating original payer contracting, quality assurance, outcomes measurement, and pay-for-outcomes (P40) programs.  The network includes hundreds of therapy office locations and thousands of physical, occupational, and speech therapists across the nation.

The two papers, one focusing on workers’ compensation payers and one regarding group health organizations, emphasize how innovation can decrease costs of patients while delivering better outcomes for patients.  Michael Weinper PT, DPT, M.P.H., and president of PTPN says that these papers illustrate ways to “improve the delivery of health services, but also deliver better outcomes for a wide range of patients at a lower cost.”  However, there also needs to be ample providers of physical therapy.  Studies have shown that introducing physical therapy early on in a patient’s treatment program can greatly improve patient outcomes, reduce the use of pain medication, improve patient satisfaction, reduce the number of re-admissions and lower medical and insurance costs.  A few main key points should be taken away from the PTPN paper, including:

  • A 2015 Health and Service Research Journal study showed that treating patients first with physical therapy resulted having average costs $4,793 less than patients who were treated with imaging first.
  • A 2012 Spine study showed that swift recommendation of patients from primary care physicians to physical therapy resulted in reduced use of advanced imaging, surgery, injections, and prescription pain medications resulting in average savings of $2,736.23 less for those who received early physical therapy.
  • Workers’ Comp Research Institute reported that 65 to 85 percent of injured workers are prescribed an opioid for pain management. However, almost 90 percent of these injuries would be better treated with over-the-counter pain medication and physical therapy.

Continue reading

Construction is already one of the most dangerous jobs, and extreme weather increases the risk of serious injury or death. Ice and snow in winter pose obvious risks, but what about extreme heat? According to the Occupational Safety and Health Administration (OSHA), more than 100 outdoor workers died as a result of heat-related illness between 2008 and 2014. From dehydration to heat exhaustion, the risks can be dramatically reduced by following the tips below. Contact a Massachusetts Workers’ Compensation Lawyer Today.

When the sun is blazing and temperatures are at or above 90 degrees Fahrenheit, it is crucial to take proper precautions against heat-related illness. It is an employer’s duty to provide a safe working environment for employees and contractors. If a supervisor neglects to do this, or prevents you from taking necessary water breaks or time out of direct sun in periods of high heat, he or she may be found negligent. If you suffer any work-related injuries, including those related to excessive heat, you may be eligible for workers’ compensation benefits.

Protect Yourself from the Heat

Hydrate. When temperatures are high, it is essential to drink plenty of water throughout the day. It’s always a good idea to stay hydrated, but during extreme heat, it can be the difference between life and death. If water is too boring for you, try an electrolyte-infused beverage such as Gatorade, or add a slice of lemon. But avoid designer energy drinks at all costs. Drinks such as Red Bull and Monster Energy provide little hydration, are full of sugar and caffeine, and have been associated with heart arrhythmia, heart failure, and death. If you simply need something sweet, it’s OK to drink lemonade and other citrus beverages, but try and dilute them with water.

Pack a healthy lunch. Your choice of food can be just as important as your choice of drink. For starters, snacking on junk food all day might hurt more than just your waistline. The excess salt will make it harder to stay hydrated, and the high fat content and preservatives can add stress to your body in high-heat situations. A light, nutritious lunch, especially with hydrating fruits and vegetables, is best.

Work at a cooler time of day, if possible. Obviously, it’s not always feasible to avoid the hottest part of the day – between 10 am and 2 pm – but on extremely hot days, it may be wise to start earlier, take a longer lunch break, and work later. Supervisors should be on the lookout for signs of fatigue when temps soar above 90, and breaks should be given more frequently than normal.

Stay in the shade. If you can, work in shaded areas. In extreme heat, use umbrellas or canopies wherever possible, even if only as a temporary respite from direct sun exposure. Supervisors should provide sunblock to all crew members who request it. Consider wearing a wide-brim hard hat, or purchase a visor that can be attached to your existing hat. There are several other hot-weather clothing items, such as nape protectors and vented vests, that may offer some protection and relief.

Listen to your body’s signals, and look out for one another. Strange behavior is often a sign of heat exhaustion or other heat-related illness. If a co-worker appears disoriented or lethargic, or if he or she begins stumbling or slurring speech, get help immediately. Heat exhaustion is dangerous enough on it’s own, let alone in close proximity to heavy machinery and tools. Likewise, if you begin to ‘feel funny’, fatigued, extremely thirsty, or dizzy, ask for help right away. Continue reading

Every seven seconds, a worker is injured in the United States. That’s 12,900 workers per day, or 4.7 million per year. And that figure is expected to climb as the country’s workforce continues to grow. Injuries are especially prevalent among younger workers who are just beginning a new job. According to Rich Ives, vice president of workers’ compensation for Travelers insurance, “More than one-quarter of injuries occur in the first year of employment.” Contact a Massachusetts Workers’ Compensation Lawyer Today.

In a recent report released by Travelers, the insurance company set out to determine how and why certain injuries occur on-the-job. The “Injury Impact Report” looked at a total of 1.5 million workers’ comp claims over a five-year period. Workers’ comp insurance pays for work-related injuries and illnesses, therefore, it is an excellent barometer for injuries, especially serious ones.

Sprains, Strains and Bruises

Of course, injuries are most prevalent in occupations such as construction and excavation, but they can occur in any field. In fact, the most common injuries were sprains, strains, bruises, and inflammation, and they were due to deceptively simple tasks, such as lifting and carrying objects. Nearly one-third of the 1.5 million claims were a result of these types of injuries. The next most common injuries? Slips, trips, and falls. After those, being struck by an object was most common. Not surprisingly, accidents involving falls from high places were most common among construction workers. Claims for eye injuries were also quite high in construction and manufacturing jobs.

Which injuries result in the most time off work?

With an average of 91 days off-the-job, inflammation causes the most lost work time. Fractures came in at a close second with 78 days of missed work. Sprains and strains result in about 57 off-the-job days.

Which injuries cost the most?

The least common but most expensive injuries were major injuries, such as amputations and electric shock. An amputation costs more than $100,000, limb dislocation is slightly over $97,000, and electric shock claims cost about $55,000. Although strains and sprains result in more claims, they cost much less. The average sprain or strain only costs about $17,000.

What is the overall cost of injuries to U.S. businesses?

According to the Occupational Safety & Health Administration (OSHA), annual injuries cost U.S. employers about $170 billion. Currently, about 60% of all workers’ comp costs are related to medical care, but that number is projected to rise to 70% by 2019. Continue reading

 

According to the U.S. Department of Labor’s Bureau of Labor Statistics (BLS), about three million workplace injuries occur annually. Not all of these injuries are serious, but more than one-third are serious enough to result in time away from work. The BLS publishes an annual Workplace Safety Index, highlighting the most common on-the-job injuries in that specific year. Contact a Massachusetts Workers’ Compensation Lawyer Today.

The Most Common Massachusetts Work-Related Injuries and How to Prevent Them

  • Falls from high places: Although these accidents are most common in construction-related jobs, they can occur anywhere. Improperly maintained or faulty scaffolding and ladders are common causes of serious falls. Unfortunately, falls from high places are also one of the most dangerous types of workplace accidents, often resulting in head trauma, spinal cord injuries, and serious fractures. To prevent falls, always use safety harnesses when necessary, ensure that stairwells have adequate lighting, and make sure that equipment is regularly inspected and maintained.
  • Overexertion: This is one of the most common workplace injuries and it often affects the lower back. Overexertion can be caused by using excessive effort when lifting, pulling, pushing, or carrying objects. To avoid straining your lower back, or any other part of your body, always utilize proper lifting techniques, ask for help from other employees if an object is too heavy, and stop immediately if you feel any soreness or pain.
  • Slip and fall accidents: Although falls from high places result in more serious injuries and deaths, slipping, tripping, and falling on a level surface can still be extremely dangerous. People are seriously injured and die in slip and fall accidents every year. Even minor falls can result in torn ligaments and sprains. More serious falls can cause head trauma and fractures. Prevent slip and fall injuries by ensuring that walkways are well lit and clear of clutter and debris.
  • Being struck by an object: When improperly shelved materials, such as heavy boxes, equipment, or construction materials, fall from scaffolding or shelves above, they can cause serious injury and death. Prevent bruises, lacerations, and brain injuries by always making sure shelved items are properly secured. The use of hard hats in construction areas can also dramatically reduce the risk of serious head injuries.
  • Repetitive motions: Although injuries from repetitive motions may not be as dangerous as, for example, falls from high places, they can still be incredibly debilitating. When workers consistently perform the same task, such as data entry or stuffing envelopes, they may experience torn ligaments, sprains, and other conditions such as carpal tunnel syndrome. These conditions may prevent a worker from returning to work for an extended period of time. Avoid repetitive motion injuries by taking frequent breaks, using ergonomic equipment at your desk, and maintaining proper posture.

Continue reading

In a 2015 study conducted by the U.S. Bureau of Labor Statistics (BLS), construction-related fatalities increased nearly six percent in 2014 compared to the previous year. In fact, at 874 reported deaths, 2014 had the highest total since 2008. Many of these fatalities occur in major cities, such as Boston and New York, due to the nature of building projects in these areas. Skyscrapers are being erected at staggering rates, and the heavy machinery and extreme heights inherent to these projects come with great risk. Contact a Massachusetts Workers’ Compensation Lawyer Today.

According to the BLS, Nearly One-Fifth of Workplace Fatalities Involve Construction Workers

Construction has long held the title of most dangerous occupation, but certain aspects of construction work are riskier than others. Excavating, for example, is one of the more dangerous types of construction due to the risk of ground collapse. Roofing and other high-elevation work always comes with a risk of falling, the most common cause of construction-related fatalities.

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