Work-Accident -Compensation Accident Claim Work

Senin, 23 Mei 2011

North Carolina Proposes to Reduce Worker Benefits and Abolished Privacy Rights

Guest Blog by Leonard T. Jernigan, Jr.

Leonard T. Jernigan, Esq.

There are two bills in the legislature (HB 709 and SB 544) that will reduce workers' compensation benefits to injured workers, abolish their rights to physician-patient privacy and make it easier for insurance companies to cut off benefits. Although there is a possibility that representatives for employers and those for employees will reach a compromise in the near future, in order to understand the significance of these changes it is helpful to understand some history and how the Workers' Compensation Act works.

I teach workers' compensation law at N.C. Central University, and on the first day of class we always discuss the March 26, 1911 Triangle Shirtwaist Company fire in New York City in which 146 young women died because the fire doors were locked. Many of them jumped to their deaths from the 11th floor, as horrified spectators watched from below. No compensation was paid for their deaths.

After this event, New York passed one of the first workers' compensation acts in the United States. Many states followed, and North Carolina eventually passed a law in 1929. The theory behind it remains the same: In exchange for quick but limited benefits to the injured worker, the employer got immunity from civil liability for the full extent of the injury.

In determining limited benefits, the act provides that the injured individual get two-thirds of the weekly wage earned prior to the injury as long as disability continues, all reasonable medical bills related to the injury are paid and if a body part has been permanently injured, additional payments can be made. The wear and tear of the human body is like the wear and tear of a machine. Each body part is assigned a certain number of weeks of compensation if permanently damaged.

Under this system, what would be the payment if your left ring finger were amputated in a machine? You would get 25 weeks of benefits ($9,615.75 for a 20-year-old earning $30,000 per year). That is not much for having a physical deformity for the next 60 years or so and for not being able to wear a wedding ring on that finger. Total loss of the hand is 200 weeks. Total loss of the foot is 144 weeks, etc.

This system applies equally to young and old alike. Also, there is no compensation for physical pain or emotional suffering. One lady had her hair caught in a machine and a portion of her scalp was ripped from her head. She got disability benefits but nothing for pain.

If you are totally disabled from work, weekly benefits are fixed on the date of injury and never increase. Twenty years after the injury, you will still be getting the exact same weekly benefit. To appreciate the economic effect of that fixed amount, think about the price of gasoline or the price of a movie ticket 20 years ago.

What about immunity for the employer? How does that work?

In 2010, a 17-year-old boy was working on a large machine that would shred pallets to make mulch. He became entangled in the machine and was drawn through the crushing chamber, and his remains were found on the discharge side of the shredder. A safety bar had been removed, and the employer was cited with 11 violations, including the failure to properly train the employee.

Because of workers' compensation immunity, the family of this young man was prohibited from bringing a civil claim against the employer. At the end of the day, the employer got immunity, and the family got limited benefits of 400 weeks of compensation, plus funeral expenses of $3,500.

The bill pending in the legislature allows disability benefits to stop after 500 weeks (approximately 9.5 years), even if the employee is still disabled. There are some exceptions (for those paralyzed or for those who have brain injuries, etc.), but, otherwise, after 500 weeks, benefits simply stop.

What happens to the individual who is still disabled? Will he or she magically become employable? Think about a highly skilled nurse, age 45, making $25 an hour who falls while lifting a patient and has had multiple surgeries, without success, and now has chronic pain and significant lifting and standing restrictions. At age 55, will she be able to find employment? Not likely.

If her benefits are cut off, will she starve? Probably not. She will no doubt fall into a taxpayer-funded safety net called Medicaid, Medicare or Social Security Disability. It is a classic case of cost-shifting from the insurance industry to the taxpayer.

Why would the legislature shift the burden for some of the most seriously injured individuals away from the insurance industry and make the public pay that debt? If a compromise cannot be reached, you may want to ask your state representative or your state senator that question.

This editorial appeared in the newobserver.com

Leonard T. Jernigan, Jr. practices in Raleigh, North Carolina (The Jernigan Law Firm). Mr. Jernigan is the author of North Carolina Practice, Workers Compensation Law and Practice 4th ed. He has been recognized by Best Lawyers in Americaand Super Lawyers. Leonard T. Jernigan, Jr. is an Adjunct Professor of Workers Compensation Law at North Central University School of Law. He is one of only 48 workers' compensation attorneys in the United States authorized by the National Football League Players Association (NFLPA) to represent its members. He is also authorized to represent players in the National Hockey League (NHL) and the Professional Hockey Players Association (PHPA) as well as other professional athletes.

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Safer Chemical Industry WIll Produce More Jobs

A new economic study shows that that by shifting a fifth of the plastic production to bioplastics the industry would be safer and the action would result in creating more than 100,000 new jobs. Creating new markets in sustainable chemistry would enable the US chemical industry to remain competitive in the global economy and would result in a cleaner and more productive industry. Therefore there would be fewer workers' compensation claims caused by occupational exposures to hazards of the chemical industry.

The study released today shows, for the first time, that federal chemical policy reform can support job creation in the U.S. chemical industry while protecting public health and the environment. The study, produced by the Political Economy Research Institute (PERI) and commissioned by the BlueGreen Alliance, shows that innovation in sustainable chemistry can reverse the industry's job shedding trend in a market that increasingly requires cleaner, safer production.

The new report - The Economic Benefits of a Green Chemical Industry in the United States: Renewing Manufacturing Jobs While Protecting Health and the Environment - demonstrates that the U.S. chemical industry shed 300,000 jobs since 1992, despite production increasing by 4 percent per year. Under the current scenario, the industry stands to lose approximately 230,000 jobs in the next 20 years. But contrary to arguments that chemical policy reform will cost jobs and stifle innovation, the report demonstrates that innovation in sustainable chemistry presents new opportunities to reverse the job shedding trend. For example, if 20 percent of current production were to shift from petrochemical-based plastics to bio-based plastics, 104,000 additional jobs could be created in the U.S. economy.

"This report charts a different course to update and revitalize an industry so important to our security," said Leo W. Gerard, International President of the United Steelworkers (USW), which represents some 30,000 chemical workers in North America. "Instead of our members losing quality jobs in the chemical industry and accepting the myth that policy reform will somehow cost more jobs, TSCA reform will create sustainable, good-paying jobs while protecting the health of workers and the environment by encouraging investment in education, technology and research."

The Economic Benefits of a Green Chemical Industry argues that the U.S. chemical industry has relied on cost cutting to remain profitable, which has eliminated American jobs, while under-investing in innovation. The industry spends just 1.5 percent of sales on research and development, compared to 3.4 percent for the manufacturing sector as a whole. By taking clear steps toward sustainable production, spurred by chemical policy reform like the Safe Chemicals Act of 2011, the U.S. chemical industry will become more competitive by: lowering costs for the industry and downstream users, ensuring access to important global markets, reducing waste by using inputs more efficiently, curtailing future cost pressures from non-renewable fossil-fuel inputs, meeting demands from consumers for safer products, protecting shareholder value, and encouraging research and development of innovative products.

"This study shows that an effective regulatory environment will support the chemical industry's ability to take advantage of new markets in sustainable chemistry," said James Heintz, Associate Director of the Political Economy Research Institute. "Either we can continue with weak and ineffective regulation - continuing to produce potentially hazardous chemicals while manufacturing jobs disappear - or we can move toward disclosure, regulation, and sustainability; encourage innovation; create stability for businesses and investors; and build new markets for safe and sustainable chemicals."

The report makes three recommendations to build a stronger chemicals industry. First, it recommends reforming TSCA to create an effective new regulatory environment that reduces hazards and supports innovation and competitiveness. The second recommendation is to implement complementary policies to promote innovation, commercialization, and the development of human resources to create a greener and safer chemical industry. Finally, it recommends disseminating environmental and health-related information on the chemical industry as widely as possible to improve the choices available to consumers, workers, downstream users, and investors and to mobilize investment in emerging opportunities.

"The prevalence of toxic chemicals in our everyday lives threatens public health and the environment," said Frances Beinecke, President of the Natural Resources Defense Council, a partner in the BlueGreen Alliance. "Chemical policy reform will ensure that the Environmental Protection Agency has the power to protect people from dangerous chemicals."

"The United States is searching for answers to our unemployment crisis and this report - demonstrating the job-creating potential of chemical policy reform - shows that embracing sustainable chemistry provides just the opportunity our economy needs, while protecting the health of our people and our environment," said BlueGreen Alliance Executive Director David Foster.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Click It or Ticket Campaign --- May 23--June 5, 2011

In 2009, motor vehicle crashes resulted in approximately 23,000 deaths to passenger vehicle occupants (excluding motorcyclists), and 2.6 million occupants were treated for injuries in emergency departments in the United States. Many motor vehicle accidents occur in the course of employment and are the subject of workers' compensation claims. Although seat belt use in the United States is now estimated at 85%, millions of persons continue to travel unrestrained. Using a seat belt is one of the most effective means of preventing serious injury or death in the event of a crash. Seat belts saved an estimated 12,713 lives in 2009, but almost 4,000 additional lives could have been saved if every occupant had been buckled up.

Click It or Ticket, a national campaign coordinated annually by the National Highway Traffic Safety Administration (NHTSA) to increase the proper use of seat belts, takes place May 23--June 5, 2011. Law enforcement agencies across the nation will participate by conducting intensive, high-visibility enforcement of seat belt laws. Campaign activities will focus on young adult men (aged 18--34 years) and on nighttime travel. Additional information regarding Click It or Ticket activities is available from NHTSA at http://www.nhtsa.gov. Additional information on preventing motor vehicle crash injuries is available from CDC at http://www.cdc.gov/motorvehiclesafety.

References
National Highway Traffic Safety Administration. Traffic safety facts 2009: early edition. Washington, DC: US Department of Transportation; 2010. DOT-HS-811-402. Available at http://www-nrd.nhtsa.dot.gov/pubs/811402ee.pdf . Accessed May 12, 2011.
CDC. WISQARS (Web-based Injury Statistics Query and Reporting System). Available at http://www.cdc.gov/injury/wisqars. Accessed May 12, 2011.
Beck LF, West BA. Nonfatal, motor vehicle--occupant injuries (2009) and seat belt use (2008) among adults---United States. MMWR 2001;59:1681--6.
National Highway Traffic Safety Administration. Lives saved in 2009 by restraint use and minimum-drinking-age laws. Washington, DC: US Department of Transportation; 2010. DOT-HS-811-383. Available at http://www-nrd.nhtsa.dot.gov/Pubs/811383.pdf . Accessed May 12, 2011.

Minggu, 22 Mei 2011

Health Coverage in Colorado

If you have had a work injury or disability you or other family members may need health insurance for any future problems. Perhaps you qualify for medicare once you are disabled or retire but what about your spouse? Perhaps you are running out of any continuation health coverage. For those of us in Colorado here are a couple of websites that provide information you may find useful. The first site is for those who are not insured. Is coverage possible? Yes so click here for this website. Anyone with a preexisting condition (and that means most of us) should not be unable to obtain insurance coverage. While many politicos preach about this way or that the fact is that times have been tough for the uninsured and those with preexisting conditions. Group coverage is fine until you lose your job. At this website if you have had coverage within the last 6 months you may be able to use the information to obtain further coverage. After all COBRA coverage does not last forever so this site may help you out. Last I did want to include a link to Andrew Mersereau of Premier Insurance. He has been quite helpful on a personal basis on health coverage. Don't be afraid to call an agent for help when you cannot do it yourself.

Sabtu, 21 Mei 2011

Illinois Workers Compensation - It is time for a "Do Not Resuscitate" Order

It is ironic that one of the leading states in workers' compensation, Illinois, is about to watch the system implode. It was a predictable event. Employers created and manipulated the system for their own interests for years by taking away more and more of the rights of injured workers.

Industry has literally chopped the system to death through their reform efforts. Now they want to put fault into a system whose foundation was built upon none. Employers can no longer shield themselves from the medical expenses of the big-ticket items like the costs of medical expenses for the last year of life, especially in occupational disease situations. The Centers for Medicare and Medicaid Service (CMS) has caught them with their pants down by the legislatively invoked mandatory reporting statute under the Medicare Secondary Payer Act (MSP). The occupational disease claims that the insurance companies have played hide and seek with for years now are haunting them.

The great Ponzi scheme, workers' compensation, that Industry created to handle occupational injuries in an assembly-line process, is now crashing. There is no economic base upon which to support workers' compensation programs into the future. Like Elvis, the Industrial sector has "left the building." Unemployment has continued in such high numbers, for so long, that union welfare funds are totally depleted as their members sit idle in union halls hungry for work and go bare for health insurance coverage. US corporations have moved both their operations and headquarters to greener pastures, overseas, leaving this country with a legacy of industrial waste, both environmental and human.

The next step will be what is already in the works. Both liberals and conservatives have endorsed a national health plan. Prototypes are emerging on both the State and Federal levels. The question will be how to fund them. Such plans will cover medical care for injured workers without delay and costly administrative issues. Giving employees access to the civil justice system, and allowing recoveries against employers who fail to maintain safe industrial environments will ultimately solve the need for adequate compensation. A real economic incentive will then be established for employers to make the workplace safer instead of merely ignoring safety rules and regulations and looking for cover under a low cost workers' compensation insurance policy.

The remaining crumbs of the workers' compensation systems that remain in the country are now being exploited by a cottage industry of economic vultures that are attempting to abuse and game the system for their own benefit. The third party vendors that hawk medical programs and pharmaceuticals for insurance carriers, and lien/claim resolution companies, are the only ones who are going to benefit from what remains. They are hacking up the system like the New England whalers of the Northeast who hunted down and decimated sperm whales, and sliced up their corpses to extract the oil for industrial lubricants and fuel, and then rendered the chopped up blubber for oil products.

What is happening in Illinois to the workers' compensation system, is that the system is being slashed to death and rendered inoperable. It is a national issue. Those who realize that it is too late to save the system have invoked a "Do Not Resuscitate" (DNR) order. It is time to come to the realization that the workers' compensation program no longer has a quality of life to maintain the noble aspirations of its crafters. May it rest in peace.

Jumat, 20 Mei 2011

Nail Salon Workers at Risk for Occupational Exposures

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Nail salon workers are at risk for exposures to hazardous chemicals at work reports a recently published study. The report in the American Journal of Public Health concludes that workers at nail salons may be at higher risk of exposure to chemical toxins that may be harmful to their health.

Researchers set out to measure personal and area concentrations of solvents among Vietnamese women working in various California nail salons through a community-based participatory research study. Researchers collected data from 80 Vietnamese female nail salon workers from 20 different nail salons. They measured work-shift concentrations of toluene, ethyl acetate and isopropyl acetate and found that measured levels of these solvents were higher than recommended guidelines to prevent frequently reported health symptoms frequently reported. One-third of workers reported that they experienced certain health symptoms such as irritations, headaches, nausea and breathing problems after entering the workforce. Irritations of the nose, throat, lungs, skin and eyes were the most common symptoms, reported by 26.5 percent of workers.

“Our findings underscored the need for more attention to preventive public health strategies for his workforce. Recommendations to promote worker health and safety include policy changes to update occupational exposure limits that take into account various chronic health conditions, better regulatory oversight of chemicals in cosmetic products, and more research focused on the health of understudied and vulnerable worker populations,” said the study’s authors.

The Campaign for Safe Cosmetics and several other lobbying groups are supporting the passage of The Safe Cosmetics Act. The pending legislation calls full labeling of salon and cosmetic products and a phase out of those hazardous products that contain products that cause cancer or birth defects. It would allow the US Food and Drug Administration regulatory powers over the manufacture of cosmetics. The proposed legislation would require all ingredients to be listed on the product labels.

Concern has not only been expressed recently by nail salon workers, but various government agencies have issued health alerts concerning the presence of formaldehyde in hair straightening products. The State of New York was the latest to issue a health warning for those who use or are exposed to hair straightening products.

Kamis, 19 Mei 2011

NY State Issues Health Alert for Hair Straightening Products and Formaldehyde

The Department of Health of the State of New York has issued a health alert advisory to workers and consumers about a group of hair straightening products known as "Brazilian Keratin Treatment" (BKT) that may contain formaldehyde.

The warning advises those exposed that:

Exposure to formaldehyde can cause irritation of the eyes, nose, throat, and skin.
People with asthma or other respiratory diseases may be more sensitive than others to the effects of breathing formaldehyde.
Formaldehyde is classified as a probable human carcinogen (cancer-causing chemical).
The Department tested some products, and cautions that others in the market may also contain also formaldehyde.

A list of 22 products containing formaldehyde include:

BioIonic Kera Smooth Anti Frizz
Brazilian Blowout Solution
Brazilian Blowout Acai Professional Smoothing solution
Brazilian Gloss Keratin Smoothing Gloss
Cadiveu Brazilian Thermal Reconstruction
Coppola Keratin Complex Smoothing Therapy, Natural Keratin Smoothing Treatment
Coppola Keratin Complex Smoothing Therapy, Natural Keratin Smoothing Treatment, Light Wave
Coppola Keratin Express Brazilian Smoothing Treatment
Coppola Keratin Complex Smoothing Therapy
Global Keratin Functional Keratin Hair Taming System Light Wave Chocolate
Global Keratin Taming System Strawberry
Global Keratin Taming System with Juvexin Strawberry Resistant
Global Keratin Taming System with Juvexin Strawberry Light Wave
IBS Beauty IStraight Keratin Advanced Keratin Treatment
JKS International Smoothing Treatment
Kera Green Keratin and Protein Hair
Marcia Teixeira Advanced Brazilian Keratin Treatment
Marcia Teixeira Brazilian Keratin Treatment
Marcia Teixeira Chocolate, extreme de-frizzing treatment
Pravana Naturceuticals Keratin Fusion
Pro-Collagen RX Keratin Treatment
QOD GOLD Solution

Oregon OSHA (health and safety program), Health Canada and the European Directorate-General of Health and Consumer Affairs did the testing and found formaldehyde in each of the products they tested. They also conducted air tests during application of one of the products in two salons and found that formaldehyde had been released into the air.

The New York State Department of Health is monitoring the situation and they are in contact with other states about their experiences with these products. Through this fact sheet, they are taking the precautionary step of alerting salon workers and consumers about the hazards. At this time, they know that 51 companies market a total of 156 products. Over 100 of those are widely distributed in New York. This year alone, seven new products have come on the market. At this time they have no reliable way, at this time, to know which ones contain formaldehyde. The U.S. Food and Drug Administration (FDA), responsible for regulating cosmetic products, is gathering reports from consumers and salon professionals about eye irritation, breathing problems and headaches.

Many other agencies have issued health alerts and taken action. The Oregon Department of Consumer Business Services and the Connecticut Department of Public Health issued alerts on the release of formaldehyde from these products. The Attorney General of the State of California filed a lawsuit against a California-based manufacturer of one of these products (Brazilian Blowout's Acai Professional Smoothing Solution) alleging that the manufacturer failed to warn users about the presence of formaldehyde, as required by California regulations. Health Canada issued an advisory about the release of formaldehyde from the Brazilian Blowout product. Health Canada also received complaints of burning eyes, nose and throat, breathing difficulties and a report of hair loss. The European Directorate-General of Health and Consumer Affairs banned the sale of some products and recalled others.

New York State advises that the following action should be taken if a consumer or professional is concerned about these products: First, consider not having your hair treated with the products.

Seek medical attention, if you are experiencing health problems.
Consumers and salon professionals are urged to report adverse experiences to FDA in either of the following ways:
Report to the nearest FDA district office. The phone number for the New York State Complaint Coordinator is (866) 446-9055.
Report online to FDA's MedWatch adverse event reporting system. You also may call Medwatch at (800) 332-1088 to request a reporting form by mail.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accidents and injuries.