Jack McConnell Confirmed by U.S. Senate as US District Court Judge

We are proud to announce that our national asbestos co-counsel, John J. McConnell, Jr., has been confirmed by the U.S. Senate Judiciary Committee following his nomination by President Obama to serve on the federal bench in Rhode Island. If selected, he will replace retiring U.S. District Judge Ernest C. Torres in the U.S. District Court for the District of Rhode Island.  

For over a quarter of a century, Jack has worked with our office in handling many cases, including asbestos litigation matters. His legal brilliance and insight as a trial attorney resulted in a verdict of $5.8 Million in a Federal court trial against Keene Corp., an asbestos producer. It was the largest single damage verdict in the US at the time. His superior negotiation ability coupled with his endless compassion for the victims of asbestos related illnesses, and their families, has resulted in the favorable resolution of hundreds of claims.

Read more about Jack McConnell’s experience and his long history of community involvement and commitment to the pursuit of justice.

Is the Cosmetic Industry the Next Tobacco or Asbestos?

Do You Want a Toxic Manicure?

The health dangers emanating from the unregulated cosmetic industry are becoming more apparent and more tragic. The serious health consequences of exposures flowing from the cosmetic industry may generate the next wave of mass tort litigation based on the predictability of emerging workers' compensation trends. 


Within the past few weeks, the carcinogenic properties of sunscreen products, which are advertised to inhibit cancer, have been reported to possibly causing it themselves. The generic and plan properties of the sun screens have been polluted by the carcinogenic properties of fragrances that have been reported to cause cancer themselves.


The Safe Cosmetics Act, now under consideration by Congress, will help protect workers' health.  The proposed legislation would establish a Center for Postmarket Drug Safety and Effectiveness.


Additionally,  The Protection America's Workers Act provides additional safeguards to workers. Thhe proposed legislation will:


*Expand workplace protections to state, county, municipal, and federal
employees who are not currently covered by the Occupational Safety and
Health Act

* Increase financial penalties for those who kill or endanger workers

* Strengthen criminal penalties to make felony charges available
for willful negligence causing death or serious injury

* Expand OSHA coverage to millions of employees who fall through
the cracks (like airline and railroad workers)

* Provide protection for whistleblowers

* Give employees the right to refuse hazardous work that may kill them

* Improve the rights of workers and families, requiring OSHA to
investigate all cases of death

* Prohibit employers from discouraging reporting of injury or illness

The Cosmetics industry has far too long relied upon a self-insurance schema and a lobbying effort  to protect its fortunes and not its workers. Emerging litigation in the workers' compensation arena traditionally explodes into mass torts. This has been the historical pattern evidenced by asbestos, tobacco and latex. The initial claims have already been successfully prosecuted for injured workers exposed to fragrances. Hopefully the next wave can be avoided and quick government regulation of the cosmetic and fragrance industry can avoid the inevitable and the workplace can be made safer.


Click here to read more about cosmetics and fragrances and workers compensation.


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

How to Register for the NIOSH Oil Spill Workers Voluntary Roster for Health Monitoring

The National Institute for Occupational Safety and Health (NIOSH) is developing a voluntary roster of response workers to create a record of those who have participated in cleanup activities and a mechanism to contact them about possible work-related symptoms of illness or injury, as needed. The Unified Command and BP support the roster and the goal of identifying all workers, including volunteers, involved in all response/cleanup activities. Workers have the opportunity to be rostered during training and at established staging areas (locations to which trained workers report for duty each day) in Louisiana, Mississippi, Alabama, and Florida. NIOSH also is rostering response workers online through a secure web site. NIOSH has provided the secure link to multiple federal agencies and BP, and has asked them to refer workers to the web site to complete the rostering form electronically.

As of July 15, 2010 over 38,778 workers have registered on the NIOSH roster.

NIOSH has requested that all cleanup workers and volunteers register for the following reasons:

"We know that workers may be potentially exposed to things in an oil spill cleanup: such as oils, volatile organic compounds, polyaromatic hydrocarbons, diesel fumes, heat, noise, and heavy lifting.

"We know that training will help provide information to workers about these exposures, and we are interested in what training workers receive.

"We want to gather information from workers involved in cleanup, so that after cleanup is over, we can see if workers experienced any symptoms related to the oil spill work. Oil spill exposures may cause some workers to experience symptoms like skin rash, throat irritation and cough, and back pain. We do not know if these symptoms will occur or if they do, what will be the extent of these symptoms. We want to learn as much as we can in order to reduce symptoms now and in the future.

"Documenting symptoms in this incident may provide information that NIOSH can use to protect the health of workers in this clean up and in future clean-up efforts.

Click here for the Roster Form.

To read more about federalization and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Synchronizing Federal Care for Oil Spill Workers

The need for coordination of Federal benefits for oil spill workers is now becoming a major concern. It is becoming more apparent, by the day, that the State programs are now stretched beyond their limits to respond to the crisis. As The Path To Federalization expands, this debate will expand.

A recent study by the Center for American Progress addresses these concerns.


"Health threats from the oil spill may linger unseen, perhaps for more than a generation. And we will not be fully prepared to address the public health problems that arise in the future unless there is an effective and coordinated handover of responsibilities for protecting public health from the emergency response agencies to agencies with the capability and capacity for long-term monitoring and management. Federal agencies have been pulled in as needed in the gulf spill response, but it’s not clear that the Health and Human Services response has been synchronized from the top to ensure effective delivery and coordination."


"In short, the spill reiterates why we need to better manage the short- and longterm responses required to address the public health threats such disasters pose whether they are manmade or due to natural causes."

To read more about federalization and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.