The N.Y. Department of Health has some good tips for preventing workplace injuries for employees and their employers:

Employers should

* Review laws that apply to your worksites to ensure you are in compliance
* Work with workforce representatives to develop health & safety programming as needed
* Invite a site visit from an occupational health expert to make health & safety recommendations
* Offer medical screenings
* Host in-house workshops/training sessions for workers, focused on preventing work-related illness and injury
* Form/Join/Support health & safety committees
* Host a workplace health & safety fair with demonstrations, displays and more
* Distribute health & safety information regularly, along with appropriate protective equipment to employees

Employees should

* Work in a safe manner wearing your appropriate protective equipment
* Know your rights under state worker compensation laws
* Form/Join a health and safety committee and communicate with its representatives about workplace concerns and issues
* Bring to the attention of health & safety committees/employers/coworkers potential worksite hazards needing elimination
* Participate in medical screenings, trainings, workshops and other activities offered by employers or labor unions
* Exercise your right to appropriate protective equipment, procedures and training and follow the policies and procedures necessary to prevent injury or illness from these hazards
* Distribute health and safety information to co-workers
* Write a letter to a local newspaper/area legislator/policy maker describing in your own words why workplace health and safety is important
 

To that list, we'd also add that employers should ensure that they have proper workers' compensation coverage for all employees, as required by law. And workers should report all work-related injuries and illnesses immediately so that they can be fairly compensated and so that safety problems can be resolved immediately.

The American School Board Journal has an interesting article in its May issue about workplace injuries involving school employees.

The article concentrates on two cases in Ohio, one in which a teacher was killed in a car accident while driving to a continuing education workshop after school hours and another in which a substitute teacher's aide reported to the wrong school for duty and fell and broke her wrist.

Neither of these cases were typical workers' comp cases, but they're interesting case studies. And the ASBJ article serves as a reminder that workplace injuries can happen anywhere. Construction workers and others in high-risk jobs aren't the one people at risk for workplace injuries, nor are they the only ones eligible for workers' compensation. A school employee faces risks on campus and off (such as when they're chaperoning field trips or after-school extracurricular activities) that may be compensable under the state's workers' compensation laws.

At some point in their medical practice, most healthcare workers will treat a patient who was injured on the job.

But many doctors, physicians’ assistants and nurses find that while they can help these patients with their medical problems and physical recovery, treating someone with a work injury presents a unique set of challenges – not all of them medical.

Indeed, injured workers and their families must deal with a host of issues as they try to heal and rebuild their lives after being hurt on the job. There are emotional and financial burdens, and a seemingly endless amount of bureaucratic red tape to navigate when filing a workers’ compensation claim.

Additionally, injured workers face tremendous external pressure from family members, coworkers, employers and insurance companies to return to work so they can start earning a paycheck again. It’s also not unusual for injured workers to pressure themselves to return to work before they’re physically ready because they feel obligated to do so or feel “less than” because they’re out of work and collecting unemployment benefits.

When we started the Deuterman Law Group six years ago, one of our founding principles was that we would treat clients as people, not as cases, and that we would attend to the whole person. It’s our job to ensure not only that our clients receive the maximum workers’ compensation and medical benefits available to them, but also to assist them as they adjust to a new “normal” following an injury.

I believe that most healthcare professionals who are treating injured workers want the same for these patients and realize that their obligation to them extends beyond providing basic medical care. But workers’ compensation isn’t taught in medical school, so most doctors, nurses and medical office staff don’t know how else they can help these patients. And they may also be unaware of additional services available to injured workers – at no extra cost to the patient – as a result of their workers’ compensation benefits.

I offer the following suggestions and insights into the intricacies of workers’ compensation law in North Carolina that I hope physicians and other healthcare workers will find useful as they're  treating injured and disabled workers:

• If a patient comes to you with an injury resulting from an accident at work or a chronic condition that was likely caused by their job, encourage that person to report the injury, if he or she hasn’t already done so. Ideally, work injuries should be reported immediately to the employer and the N.C. Industrial Commission and, in any event, within 30 days of the accident or diagnosis that the condition is work-related.
• Keep detailed records of the patient’s treatment and any conversations you have about the injuries. Detailed medical records, which accurately reflect the patient’s symptoms, treatment and the progression of their recovery, are crucial in workers’ compensation claims. Many cases end up in litigation simply because medical records lack details or are ambiguous.
• Encourage you patient to keep a calendar or journal to document important facts relating to the work injury and ongoing treatment. In their journals, patients should record details of how the injury occurred, who witnessed it and how and when it was reported. Additionally, injured workers should make note of any medical appointments in their journals, recording any medical procedures that were conducted and instructions they received from healthcare workers. Finally, patients should write about any symptoms or additional medical problems they’re experiencing and any harassment they encounter from employers, coworkers or the insurance company regarding the work injury. Workers’ personal journals have proven to be invaluable in presenting a workers’ comp claim to the N.C. Industrial Commission.
• Some injured workers will want to return to work before they are medically able to do so. While injured workers are justified in their fear of reprisal for missing work because of an injury, strongly discourage them from returning to a job for which they are physically unprepared. Candidly explain the risk of re-injury. And while it’s true that some people are fired for filing a workers’ compensation claim – even though the law forbids such retaliation – being fired is preferable to derailing recovery or creating a worse medical problem by returning to work too soon. Let your patients know that there is legal recourse if they are fired. Patients can file a wrongful termination claim themselves with the Industrial Commission, but many will find it helpful to have an attorney advocate on their behalf.
• Injured workers may be entitled to additional benefits beyond compensation for lost wages and traditional medical care. The standard in North Carolina is whether or not the recommended treatment is reasonably likely to effect a cure, give relief from symptoms (including pain relief) or lessen the period of disability. Under this standard, in cases of catastrophic injury, North Carolina’s workers’ compensation law allows for things like home and vehicle modifications, medical devices in the home such as hospital beds, in-home attendant care, motorized wheelchairs, etc. So long as these devices/modifications meet the standard recited above and are prescribed by a treating physician, they should be covered by the Workers’ Compensation insurance company.
• Many injured workers believe that they don’t have the right to choose their own doctor and that they must see a physician assigned by the N.C. Industrial Commission or their employer’s workers’ comp insurance company. Patients have the right to ask the Industrial Commission for permission to see a doctor of their choosing. However, if an injured person is treated by a physician without first getting permission, his or her workers’ comp benefits might be in jeopardy. If a patient comes to you under these circumstances, advise them that an attorney can help ensure that benefits are protected.
• Injured workers who must travel 20 miles or more roundtrip for medical care are entitled to collect $0.55 per mile. Special consideration also is given to employees who are totally disabled.
• Chiropractic treatment is allowed for workers’ compensation patients, if the employer or the employer’s insurance company grants permission. As many as 20 visits are allowed, if medically necessary. If additional visits are needed, the chiropractor should request this authorization from the Industrial Commission.

OSHA has fined an Ohio manufacturer $550,000 for repeated violations of federal workplace safety and health rules after being alerted to higher than average injury and illness rates at the company

OSHA has cited American Warming and Ventilating Inc., a manufacturer of louvers, dampers, and shutters, with $55,500 in proposed penalties for alleged serious and repeat violations of federal workplace safety and health standards. The agency opened an inspection at the AWV plant in Bradner, Ohio, in January as part of its site-specific targeting program due to the company's high injury and illness rates in comparison to the national rates.

As a result of the inspection, OSHA has issued six serious violations for lack of proper fall protection equipment, improper electrical lockout and tagout procedures to prevent accidental energization start-up, lack of proper machine guarding, lack of proper training for maintenance personnel on power press equipment, damaged welding conductors, and lack of eye protection during welding. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.

The company also has received two repeat violations for failing to have proper machine guarding and to provide workers approved electrical protective equipment. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule, or order at any of an employer's other facilities in federal enforcement states when that employer has been cited in the past..

In this instance, OSHA fined the offending employer. But as you'll read about in the most recent issue of the Deuterman Law Group Community News newsletter, it's not uncommon for OSHA to find no violations even in instances where serious workplace injuries occured.

We're always pleased to see OSHA fining companies that ignored safety regulations. But experience has taught us that OSHA investigations and decisions aren't always definitive or correct.

As guest columnist Mark McGrath writes in the latest issue of our newsletter:

"In other words, do not be discouraged by an OSHA report that imposes no citation or finds no wrongdoing on the potentially responsible party. A curious and experienced attorney is still your best hope for identifying the true cause of your ...injury."
 

 

Many injured workers believe that they don’t have the right to choose their own doctor and that they must see a physician assigned by the N.C. Industrial Commission or their employer’s workers’ comp insurance company.

But here's the truth:

• Patients have the right to ask the Industrial Commission for permission to see a doctor of their choosing. However, if an injured person is treated by a physician without first getting permission, his or her workers’ comp benefits might be in jeopardy. If a patient comes to you under these circumstances, advise them that an attorney can help ensure that benefits are protected.

For more tips on how to help injured people navigate the complex workers' compensation system in North Carolina, click here. Our attorneys and paralegals at the Deuterman Law Group also are available to answer questions and provide counsel to injured workers.

I hope you're finding my series of tips about worker's compensation and benefits available to injured and disabled workers law helpful.

I've been sharing information about things that doctors, nurses and other healthcare workers can do to help injured patients as they navigate the complicated workers' comp system in North Carolina. There are quite a few unique benefits available to injured workers, but without a doctor's recommendation patients may not be able to receive these benefits.

My aim is to arm health care professionals with the information they need so they can attend to the unique needs of injured workers while providing them with medical treatment.

Did you know, for instance, that:

• Injured workers may be entitled to additional benefits beyond compensation for lost wages and traditional medical care. The standard in North Carolina is whether or not the recommended treatment is reasonably likely to effect a cure, give relief from symptoms (including pain relief) or lessen the period of disability. Under this standard, in cases of catastrophic injury, North Carolina’s workers’ compensation law allows for things like home and vehicle modifications, medical devices in the home such as hospital beds, in-home attendant care, motorized wheelchairs, etc. So long as these devices/modifications meet the standard recited above and are prescribed by a treating physician, they should be covered by the Workers’ Compensation insurance company.

I'm continuing today with my series of tips for healthcare professionals who are treating injured or disabled workers.

Knowing more about how workers' compensation laws are structured in North Carolina will help healthcare professionals attend to the other needs of injured workers during the course of medical treatment.

You can find other entries in this series here:

Now for today's tip:

• Keep detailed records of the patient’s treatment and any conversations you have about the injuries. Detailed medical records, which accurately reflect the patient’s symptoms, treatment and the progression of their recovery, are crucial in workers’ compensation claims. Many cases end up in litigation simply because medical records lack details or are ambiguous.

 

 

 

 

OSHA, responsible for enforcing worker safety regulations, will be doing more to ensure that companies are following those laws and accurately reporting workplace accidents and injuries.

The agency will be focusing on specific industries, where certain injuries are common, and also will be examining whether some companies have been lax in reporting injuries, according to an article in the DemocratandChronicle.com

The U.S. Occupational Safety and Health Administration, created to enforce the large and growing number of worker safety laws and regulations, last week issued its "site-specific target" plan for the year, a warning, in effect, that the agency will be tougher on injury rates in specialized industries.

The plan mentioned nursing homes, where workers often suffer back and limb injuries in caring for patients, as an industry facing special attention.

But there is another program in the bureaucratic works — the National Emphasis Program — that is potentially more significant for local businesses that to this point either have escaped OSHA attention or are not in the usual range of targeted industries.

OSHA plans to examine companies that report low injury rates or few lost days due to injury with the idea that many companies have been underreporting or minimizing the need for thorough record-keeping.

The agency estimates that as many as 20 percent of all businesses fail to adequately report workplace-related injuries and illnesses. Other studies put the number as high as 68 percent.

Blogger Kathy Posner has an interesting take on a workers' compensation ruling in Indiana that required an employer to pay for weight-loss surgery for an injured employee.

What's so interesting about this case is that the employee's workplace injury was unrelated to his weight. Adam Childers, a restaurant cook, was hurt when a freezer door accidentally slammed into his back. At the time of the injury, Childers weighed 340 pounds, and he later gained another 40 pounds. Doctors determined that Childers needed back surgery because of his injury, but that his obesity prevented them from performing that surgery safely.

The court in Indiana ruled that Childers' employer had to pay for lap-band weight-loss surgery, as well as the back surgery.

While many would see this ruling as a victory for injured workers, Posner is concerned that it could lead to employment discrimination against obese people:

I think this ruling hurts obese people because it places an unfair burden on the employer. I think the the Indiana Appeals thought their ruling protected fat people, but in essence it harms them. An employer will be forced to discriminate and NOT hire an overweight person because of fear of potential lawsuits

That is certainly an interesting point to ponder.

 

Could going green and reducing our reliance on fossil fuels reduce workplace injuries?

Quite possibly, according to a study published in the latest issue of the Journal of the American Medical Association.

Researchers from the Medical College of Wisconsin compared workplace injury risks for workers in renewable energy industries compared to traditional fossil fuel industries.

Their findings? Switching to renewable energy could prevent 1,300 worker energy deaths over the next decade and also reduce the number of workplace injuries for the industry.

Jobs, such as mining, that associated with the energy industry are extremely dangerous and account for thousands of workplace deaths, workplace injuries and occupational illnesses every year. For instance, only agriculture is more dangerous and deadly than mining.

[Researchers] examined the human health risks associated with traditional fossil fuels, such as coal, oil, and natural gas, relative to renewable energy sources such as wind, solar, and biomass. Wind and solar energy appeared to offer less risk of workplace injury and death than traditional fossil fuel industries, as the dangerous energy extraction phase is minimized or eliminated in wind or solar energy production. Biomass, comprised of biofuels, organic waste, and wood derived fuels, currently accounts for more than half of US energy renewable consumption and does not appear to offer a significant safety benefit to US workers relative to fossil fuels.

“The energy sector remains one of the most dangerous industries for US workers. A transition to renewable energy generation utilizing sources such as wind and solar could potentially eliminate 1300 worker deaths over the coming decade,” says Dr. [Steven] Sumner.

A common rap against renewable energy is that it is more costly to produce. But this new research actually shows that when the hidden costs of energy production (worker injuries and deaths, environmental costs, etc.) are taken into account, those savings evaporate.

Risk of workplace injury and death among energy workers is a hidden cost of energy production, known as an externality of energy. Externalities of energy production include a whole host of problems from damage to the general environment to adverse effects on human health caused by pollution to injury and death among workers in the energy sector.

The researchers reviewed the occupational cost of energy production in the traditional and new energies and noted that while fossil fuel energies have historically been priced lower than renewable energies, the additional hidden costs, or externalities of energy, especially adverse effects on human health have often not been taken into account.

 

 

 

 

When you read the words "workplace injury," what image comes to mind?

A construction worker falling from a ladder? A cook slicing her hand while prepping food? A plant worker injured by a piece of machinery? A delivery truck driver involved in a highway crash?

Those certainly qualify as workplace injuries, but it's not only accidents or mishaps that cause workplace injuries that are compensable under state workers' compensation laws. Workplace injuries, like carpal tunnel syndrome or back injuries, for example, can occur over time. And some workers develop occupational diseases from prolonged exposure to toxins in the workplace.

People suffering from all types of workplace injuries and/or illnesses may be able to file a workers' compensation claim and receive benefits. In the case of illnesses or injuries that develop over time, it's important that the law gives workers time to receive a proper medical diagnosis.

That's why it's disappointing when lawmakers limit employees' rights to file for workers' compensation, as Louisiana Gov. Bobby Jindal did last week.

Jindal vetoed a bill that would have given injured workers in Louisiana three years after an injury, instead of two, to file a workers' compensation claim. Interestingly, the legislation passed by  wide margins in the Louisiana state Senate and House. But the governor, buying into the business and insurance lobby's argument that expanding the filing window would lead to more workers' comp fraud and higher costs for businesses, refused to sign the legislation into law.

 

 

 

 

 

A joint investigation by the Los Angeles Times and ProPublica revealed that the federal workers' compensation program has failed thousands of foreign-born civilian contractors working in Iraq and Afghanistan.

Foreign nationals working on behalf of the U.S. government "have gone without medical treatment and compensation because they were never informed of their right to the benefits. Widows and children have not received death payments for the same reason," according to the newspaper series.
 

Rey Torres dreamed of a better life for his wife and five children when he left a neighborhood of wooden shacks and burning trash piles to drive a bus on a U.S. military base near Baghdad.

He hoped to send his children to college and build a new home with the $16,000 a year he earned in Iraq — four times what he could make in the Philippines.

Then, in April 2005, Torres, 31, was killed in an ambush by Iraqi insurgents. His widow and children were supposed to be protected by a war zone insurance system overseen by the U.S. government. They were eligible for about $300,000 in compensation.

But Gorgonia Torres knew nothing about the death benefit and did not apply. When she did learn about the insurance, two years later, it was from a reporter. She has since turned down an insurance company's $22,000 settlement offer. Her only hope of receiving full compensation is a legal fight that could drag on for years.

Torres was among tens of thousands of civilian contract workers from poverty-stricken countries hired to support the U.S. war effort in Iraq and Afghanistan. In case of injury or death, they are supposed to be covered by workers' compensation insurance financed by American taxpayers. But the program has failed to deliver medical care and other benefits to many foreign workers and their survivors, a Los Angeles Times-ProPublica investigation found.

Foreign nationals aren't the only casualties in this federal debacle. Many American contractors also have struggled to get medical treatment and compensation for injuries they have suffered on the job. The Los Angeles Times and ProPublica have documented many of those cases

 

 

Wal-Mart's unconscionable labor practices have been well-documented on this blog and elsewhere.

Now, a new book "The Retail Revolution: How Wal-Mart Created a Brave New World of Business" by Nelson Lichtenstein "offers the best account yet of the myriad problems that Wal-Mart employees endure, including the elaborate measures the company has taken to avoid paying workers' compensation to employees injured on the job," according to The Big Money.

Lichtenstein's is just one of several recent scholarly examinations of Wal-Mart's rise and the cost of its success. Go here to read a review of several Wal-mart books.

Two books mentioned in the blog are To Serve God and Wal-Mart: The Making of Christian Free Enterprise by Bethany Moreton and Lichtenstein's The Retail Revolution: How Wal-Mart Created a Brave New World of Business.

The New York Daily News shares the story of Daniel Arrigo, a construction worker who was part of the massive cleanup effort at the Ground Zero, the site of the World Trade Center after the 9/11 terrorist attacks.

Arrigo got sick with a severe lung disease from inhaling vapors and toxic fumes at the cleanup site. He had to stop working in January 2008, but Zurich North America, the insurance company providing workers' compensation coverage for his employer, denied Arrigo's claim.

[Arrigo] called himself a poster boy for thousands of sick 9/11 responders caught between the slow-moving state compensation board and insurance firms that skillfully game the system to fight claims.

In addition to Arrigo's devastating illness, his family suffered incredible financial hardship as a result of his inability to work.

Ill and unemployed, Arrigo also fell behind on his rent. The family was evicted from their Staten Island home and forced to move into two cramped rooms with Arrigo's brother in Long Beach, L.I.

But this is a good news story. Arrigo this week won workers' comp benefits -- $400 a week plus $20,000 in back payments.

 

 

 

A controversial workers' compensation reform proposal in Florida, which I blogged about last month, has become law -- and that's bad news for injured workers in the Sunshine State.

A 2003 law set extreme caps on the amount attorneys could charge for their work on workers' compensation cases. The Florida Supreme Court struck down that law as unreasonable. But five days ago, Florida Gov. Charlie Crist signed a new law that places similar caps on attorneys fees in workers' compensation cases.

 

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Las Vegas Sun Reporter Alexandra Berzon recently won a Pulitzer Prize for her 2008 series about the shocking number of workplace accidents and deaths that occur on construction sites along the city’s famous Strip.

Tourists visit Las Vegas for the gambling and the glitz and glamour, and in recent years, many of the city’s older casinos have been demolished to make way for newer, bigger, glitzier models. And in a city that literally never sleeps, the pressure is on to get these buildings constructed quickly so that the casinos can reopen and start raking in the money.

Because of lax oversight by OSHA and state regulators, negligence at construction sites and safety shortcuts, twelve construction workers died in 18 months. But after Berzon's series, people in power took notice and took action. And the deaths ceased, proving that good public service journalism can make a difference. 

Construction workers had been dying at a rate of one every six weeks in the $32 billion building boom on the Las Vegas Strip. But deaths stopped last year after the Las Vegas Sun exposed serious safety flaws on the sites and detailed how lax oversight by safety regulators failed to prevent accidents.

The stories forced state and federal investigations and became the subject of hearings in the U.S. House and Senate. Sens. Barack Obama, Hillary Clinton, Ted Kennedy, Harry Reid and others sent a letter to President Bush demanding safety reforms in the Labor Department.

As the Sun pursued the story, the newspaper reported on cozy relationships existing between safety regulators and builders. Angered by the revelations and continuing death toll, workers walked off the job at MGM Mirage's CityCenter, shutting down the largest private commercial development in U.S. history until the contractors agreed to safety improvements.

Twelve workers had died in 18 months. But after the improvements, the deaths stopped. No workers have died since June 2008.

You can read the entire Las Vegas Sun series and follow-up stories at the newspaper's Web site, as well as view OSHA inspection documents and see video coverage. If you don't have time to read the entire series -- though I would encourage you to do so -- the blog The Pump Handle has a good summary.

Sadly, many of the tragic deaths that occured on Las Vegas Strip construction sites could have been easily prevented if construction companies had followed safety rules and provided adequate equipment to workers. Unfortunately, this is the case with many workplace injuries and deaths. Often, these "accidents" are easily preventable, but so many times employers fail to follow the rules fail to provide their employees have proper tools and equipment that will keep them safe.

In Las Vegas, for example, many workers died because there were working without safety nets. These nets are supposed to be used every two floors, but in the zeal to finish the casino construction jobs quickly -- and on budget -- some construction companies scrimped on this simple, yet crucial, piece of safety equipment.

They were in essence gambling with their employees lives. And even in a town like Vegas, no one likes those odds.

We're thankful that  the Las Vegas Sun and Alexandra Berzon spotlighted this deadly issue and we congratulate them on a much deserved Pulitzer Prize.

 

Workers' compensation laws prevent employees from suing their employer over an injury. But in certain instances, injured workers' may be able to sue a responsible third party (http://www.deutermanlaw.com/third-party-torts.asp) for their injuries. For instance a construction working employed by a subcontractor may be able to sue the general contractor on the job if that company's negligence caused or contributed to the injury. In such cases, injured workers are entitled to the full range of damages available to them under the law plus workers' comp benefits from their employer.

In a disturbing ruling, the Texas Supreme Court has effectively taken this right away from injured workers, according to a recent editorial in the Austin American-Statesman. The case in question involved a worker who was severely injured at an Entergy power plant.

"The Entergy case centered on whether the "premises owner" of a large facility, in this case a utility power plant, could get immunity against a lawsuit filed by a contract worker injured on the job simply by declaring itself to be the general contractor and buying workers' compensation coverage for the contractor and actual employer.

In 2001, John Summers, a contract worker for International Maintenance Corp., was seriously injured while working on a plant owned by Entergy, an electric utility that serves Southeast Texas. He began collecting workers' compensation benefits from the insurer, and he sued Entergy, accusing it of providing defective equipment. But Entergy claimed immunity on grounds it had made itself the general contractor and purchased the workers' compensation insurance for the IMC employees."

The Texas case clearly appears to limit injured workers' rights to sue when a party other than their employer is responsible for their injuries. And that is bad news for injured workers in the state. The ruling clearly favors businesses while leaving workers with few legal protections.

A South Carolina newspaper is reporting that workers' compensation claims in that state are down, but the reason may have nothing to do with improvements in on-the-job safety.

Some are speculating that because of the economy, high unemployment and record layoffs that have occured as a result of the recession, some workers may be afraid to report their injuries and claim workers' compensation benefits.

That chilling revelation is likely true for many people. Some workers may  fear that could be fired for reporting a work injury and trying to collect workers' compensation benefits, but the law clearly prohibits such retaliation.

Others may be worried about how they'll make ends meet while out of work and receiving workers'  comp benefits. That's a legitimate concern, as workers' compensation does not cover and injured person's entire salary.

However, failing to report a workplace injury is a bad idea, and it may jeopardize a worker's ability to collect benefits in the future. Workers should report injuries immediately to their employer -- and definitely within 30 days. The employer is required to report injuries to the North Carolina Industrial Commission. 

 

In August 2008, a man entered a McDonald's restaurant in Little Rock, Ark., and started beating a customer, his girlfriend.

Employee Nigel Haskett intervened in the attack, pushing the man out the door and blocked the entrance with his body. That's when the enraged man pulled out a gun and shot 22-year-old Haskett three times. The entire incident was captured on surveillance video.

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Just got a tweet about the rise of workplace deaths in North Carolina after three years of consistent decline. We've also noticed a rise in the number of workers' compensation calls at the office as well. I'd like to monitor this more to see whether or not the current conditions in our economy are magniftying these circumstances.

Reporter Kerry Hall and Editor Rick Thames of The Charlotte Observer were on the NPR show, The State of Things Last week discussing the newspaper's 22-month investigation into the poultry processing industry in North Carolina and South Carolina.

The archive of the show is available online. You can hear about how they conducted their investigation and the lax workplace safety measures at House of Raeford Farms plants throughout the Carolinas.

You can read the full series, The Creulest Cuts, online at the Observer Web site.

There are a lot of articles and statistics about workplace injuries and workplace deaths. But sometimes these stories are so focused on facts and figures that they miss the human element --behind every statistic there's a person who was hurt on the job and whose life will never be the same because of it.

Author Lisa Cullen tells those stories in her book, "A Job to Die For: Why So Many Americans Are Killed, Injured Or Made Ill At Work And What To Do About It ."

Each year, the workplace extends into nearby communities to claim the lives of 218 bystanders and injure another 68,000.

 7.1 percent of workers are injured or made ill on the job. Every year.

The cost of this carnage and disease tops $155.5 billion annually; five times the cost of AIDS, three times the costs for Alzheimer's, and nearly as much as cancer.

The book is a great reminder of what someone who is hurt at work goes through.

I encourage you to pick up a copy, and you may also want to listen in on an interview Cullen gave on Labor Day about workplace injuries.

As an attorney who represents injured workers, I get so upset by the widespread public perception that most people who are collecting workers' compensation are "faking it" and somehow defrauding the system.

I know that's simply not true. The overwhelming majority of people who apply for workers' compensation benefits are injured and unable to work because of those injuries. But the media and the insurance companies have done a great job conducting smear campaigns that cast injured workers in a bad light. They've subverted the facts with anecdotes and a few damning videos and created the impression that workers' compensation fraud by employees is rampant. But in reality, only about 1 percent of all workers' compensatioin claims are found to be fraudulent.

However, fraud by employers and insurers is much more prevalent and costs billions of dollars annually. There's a human cost, too. Injured workers who are the victims of workers' compensation fraud often are unable to collect benefits that would make their lives easier and help them get the treatment they need.

Leonard Jernigan Jr., a fellow workers' comp attorney in North Carolna and the chairman of the fraud task force for the Workers Injury Law and Advocacy Group (WILG) has an interesting article in Workers First Watch about the prevalence -- and cost -- of employer and insurance fraud. In it, he provides the straight scoop on workers' compensation fraud.

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After suffering from pain for weeks or months after an injury from a car or a work-related accident, many people look forward to the relief from pain that back surgery will provide. Being able to return to normal, everyday activities, such as lifting a box, driving a car, or sitting or standing for long periods of time, without pain is the goal of most back surgery.

However, many people are surprised that post-surgery, the pain doesn’t subside as quickly as they would like and that the return back to normal life doesn’t happen automatically.

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In our last installment of the Deuterman Law Group's Back Health blog series, we highlighted some of the commonsurgeries for treating back injuries. Those included laminectomy, discectomy and IDET.

Today, we take up where we left off with a discussion of other surgical treatments for back pain, namely spinal fusion, artifical disc replacement and radio frequency ablation.

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While many back injuries can be treated with rest, physical therapy and/or anti-inflammatory medication, some injuries are best treated with back surgery.

The prospect of back surgery can be frightening and confusing, to be sure. Surgery and other treatments may involve risks and complications and require extended recovery time. In this installment of the Deuterman Law Group’s Back Health blog, we hope to alleviate some of those concerns by explaining what happens in the various back surgery procedures.

If you’re wondering what you’ll experience during and after your surgery, be sure to educate yourself by talking with your doctor, ask lots of questions and consult other resources, such as the Web sites we refer to in this blog entry.

Remember, thousands of people undergo back surgery each year, and advancements in the field of back health now provide a range of treatment options including inpatient surgery and outpatient procedures.

We’ll explain a few here:

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They've been called Crackberries and for good reason.

People who own BlackBerry devices can't seem to put them down. They're constantly typing and texting friends, family, the office. But handy devices such as the BlackBerry, Sidekicks, and Treos that make our hectic lives more manageable are wreaking havoc on our thumbs.

 

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It’s a classic case of no good deed goes unpunished.

A Bakersfield, Calif., school worker who hurt his shoulder while helping police capture a suspect at a nearby school had his workers' compensation claim rejected.

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Many people throughout their lives will suffer from back pain, resulting from a variety of causes and injuries.

Understanding the medical terminology doctors use in diagnosing and treating the causes of back pain can be confusing. While its always your right to ask your doctor for clarification, some patients may not feel comfortable asking a busy physician to take more time to explain things in simpler terms.

This series of blogs, entitled Back Health, is designed for injured people seeking more information about common back injuries, including symptoms and treatments. And we've attempted to explain things in simple terms, so you won't need a medical degree to understand what's going on with your back.

Read on for the first installment in our Back Health Series. This one focuses on the anatomy of the spine.

Please remember, this information is for educational purposes only. If you are suffering from back pain, please consult a doctor. Do not try to treat yourself.

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Undocumented workers have an enormous impact on the U.S. economy, as these statistics from the Center for American Progress illustrate:

• There are an estimated 7.2 million undocumented immigrants (out of some 12 million undocumented immigrants) who work in the United States. That's 4.9 percent of the civilian labor force.
• Undocumented workers contribute an estimated $7 billion per year to the Social Security Trust Fund through payroll taxes paid on Individual Taxpayer Identification Numbers and fraudulent Social Security numbers.
• The United States would face a shortfall of 2.5 million low-skill workers if undocumented workers were removed from the labor force.

June Walker, a tax and financial consultant for the self-employed, blogs about the difference between employees and independent contractors -- an important distinction where workers' compensation is concerned.

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A recent South Carolina state audit report recommends phasing out part of that state’s workers’ compensation system.  

Business leaders and lawmakers in South Carolina are using this audit to support their argument that the states workers’ compensation insurance premiums are too high. They argue the high premiums are keeping new businesses away.

Sound familiar? Similar arguments were bandied about when the N.C. legislature was considering reforming this state’s workers’ compensation system.  Part of the problem with this view of workers' comp. systems is that it is almost always one-sided.  Business interests have enormous amounts of money to spend on lobbying lawmakers and putting intense pressure to cut costs for business.  Injured workers, on the other hand, generally do not have the resources to effectively advocate in the legislative arena.  What is too often hidden in this debate is the devastating effects that cutting workers' comp. benefits have on the lives of real people. 

The South Carolina legislature is looking to overhaul the state’s WC system as a whole, and this usually means trouble for injured workers.  We’ll keep a close eye on what our neighbors to the south are doing and keep you updated.

  

Found an interesting article on the Hispanic Trending, Latino Marketing & Advertising Blog on the key to understanding the Latino worker to improve communication and productivity at work.

Although a diverse group, Latino culture shares a lot of the same values including unquestioning respect and deference to authority figures such as work supervisors, foremen, business owners and they like, and they won’t disagree or question a person in authority. Latinos, generally, trust mostly family, extended family members and other Latinos and are likely to not trust employers, especially if they are non-Latino. They don’t want to rock the boat and many fear deportation so the potential for underreporting safety issues, injuries and other problems at the workplace is huge.

Distressingly, the blog also reports that fatalities among Latinos have increased 67 percent between 1992 and 2001. Even worse, these grim statistics may underestimate the problem because of underreporting when illegal immigrants are involved.

Indeed, cultural differences and fears of deportation are likely keeping many Latinos from reporting injuries that happen on the job and claiming workers’ compensation benefits that are due them.

I think it’s important to once again emphasize that under the law undocumented workers are entitled to the same benefits if they are injured or killed on the job.

For the full story:

HispanicTrending - http://juantornoe.blogs.com/hispanictrending/

We recently sent out letters to our clients urging them to call their Congressman and Senator to reject the bill SB901 aka "the Premium Increase Act of 2007" which is working it's way through the NC State Assembly.  We have received numerous calls to our office from clients who needed a clearer explanation of what this bill implies.

I found this article, Insurance rates not high enough? in the Wilmington Star online that explains the implications of this bill quite clearly. Please read it, and tell everyone you know to call their local Congressman and Senator to vote against it.

 

An alarming Federal District Court decision from New Jersey:

A group of wokers who sought workers' compensation benefits after their factory closed were ordered to pay more than $2.2 million to their former employer.

The company levied racketeering charges against the employees and accused them of conspiring to defraud the company by making false injury claims.  The saddest part is that the workers, in part because they may not have understood what was happening, did not contest the lawsuit.  And so, without any contested hearing on the merits of the case, U.S. District Judge Stanley Chesler signed a default judment against the workers. 

Judge Chesler ordered the employees to repay the company's attorney fees, costs, compensatory damages and even workers' compensation awards that had been paid to two former factory workers.

The judgment is alarming, not least because it is a default judgment and the viewpoints and positions of the workers were not heard.  I've got to agree with others workers' rights attorneys who told the Star-Ledger newspaper in New Jersey that the case "signals a 'frightening precedent' that can be used to quell legitimate employee injury claims" and may make attorneys hesitant to take on workers' cases.

The Michigan-based company involved had 12.8 billion in sales last year, and obviously had plenty of money to hire competent attorneys to bring this federal case.  The workers, many of whom had salaries of $16,000 or $17,000 a year, would probably have had trouble paying attorneys to defend them, had they realized the necessity of responding to the suit. 

Read more about the case here.   

A man from El Salvador, who had legal permission to work in the United States, was killed last week after falling to his death on a construction job, according to a report in the Tooele Transcript Bulletin.

Francisco Antonio Alaman-Renderoz, 45, fell to his death while putting in a fireplace wall during construction of a private cabin. According to OSHA regulations, construction workers should use a harness, safety line or railing f they're working at heights over six feet.  Alaman-Renderoz, who was working 25 to 35 feet off the ground , was not wearing any kind of safety equipment when he fell.

This tragic story illustrates the danger that many Hispanic workers face every day when the go to work. Hispanics hold a quarter of all construction jobs, according to the Pew Hispanic Center and that puts them at high risk for on-the-job injuries and even death.

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Dr. Nortin Hadler, a professor of medicine and microbiology/immunology at the University of North Carolina at Chapel Hill, writes an interesting commentary at ABC News about how disability compensation is calculated.

He raises some tough questions, the most compelling of which is "What are you worth?"

The answer to that question is at the crux of most workers' compensation and Social Security disability claims.

 

Associated Press reporter Andrew Welsh-Huggins writes about his experiences with a back injury and his successful -- though lengthy -- recovery.

It's an interesting article that shows just how debilitating back injuries can be. The writer, a distance runner, outlines his long recovery and also highlights some of the realities of back injuries:

• The most common type of pain reported by adults in the United States, with more than one in four reporting some back pain lasting at least a day in the past three months. Eight of every 10 people in the United States will suffer from lower back pain at one point in their lives.
• The most common reason injured workers file for workers’ compensation claims, accounting for about one in every five U.S. claims for workers’ compensation.
• The leading cause of disability in the United States military.
• The leading cause of disability in people under age 45 and the third-leading cause in people older than that, after cancer and heart problems. One study found that two of every three people aged 20 to 60 reported some type of spinal pain in a given year.
• The leading cause of missed work time or doctor’s visits after headaches and cold symptoms.

Senate Democrat Leader John C. Lander III of the South Carolina talks about the shocking freedom that insurance companies have in establishing their premium rates for workers' compensation.  How is it possible that they have gotten away with this gross advantage?

More examples of how the insurance companies have distorted public perception of workers' compensation fraud.

http://scsenatedems.blogspot.com/2007/03/workers-compensation-makes-insurance.html

The issues regarding Immigration reform has brought media attention to the plight of undocumented workers and their work conditions. As a result, more and more articles are exposing the unfair treatment and work conditions that undocumented workers are subjected to. 

We have created a new category , "Undocumented workers and Workers' Compensation" and hope to compile more stories and comments about this emerging issue. 

In the past, we have rarely seen WC claims filed by hispanic workers. The number one reason preventing this is fear of deportation of not only themselves, but also their families. We hope that further discussion and exposure will give people confidence to come forth.

In North Carolina, undocumented workers are entitled to workers' compensation.  Many people are unaware of this including insurance adjusters who wrongly deny claims because they feel undocumented workers should not be entitled to such a benefit. 

This PBS frontline article offers some good stats on wc fraud and supporting references. The same Dateline television show referred to in an earlier blog about WC fraud is referred to in the PBS frontline investigation.

See www.pbs.org/wgbh/pages/frontline/shows/workplace/etc/fraud.html

 

The case of Clark v. Wal-Mart has received quite a bit of press. What is so significant about this case?

Essentially, the NC Supreme Court ruling in Sandra Clark's case allow employers to accept liability on a form 60 or 63, without necessarily accepting responsibility for ongoing disability. The Supreme Court decided that the form agreements were simply admissions of compensability, not disability. So, anytime there is a dispute about disability, the employee must come to court and prove that he/she continues to be disabled, i.e. by Dr. testimony and prove that they cannot find a job because of the disability, even if they are still receiving temporaty total disability under a form agreement.

I would say from our standpoint that Clark v. Wal-Mart case has increased litigation and the number of hearings. It will be interesting to observe the rise in litigation especially since this ruling is not even a year old.

(Greensboro, N.C., July 12, 2006) - Ending an eight-year legal battle that went all the way to the N.C. Supreme Court, the N.C. Industrial Commission has ruled that an elderly Winston-Salem woman who was hurt while working at Wal-Mart is entitled to lifelong disability benefits and medical treatment for her injuries.

Sandra Clark of Winston-Salem began working as a Wal-Mart greeter in July 1998. A few days before Christmas 1998, Clark was asked to stand on a 10-foot ladder and move a decorative sled that was above her head. Clark, who has osteoporosis and was under doctor's orders to avoid heavy lifting, felt a sharp pain in her lower back after moving the sled and was diagnosed with two fractured vertebrae, an injury that prevented her from working.

Clark's employer initially began paying workers' compensation benefits. But in 2000, Wal-Mart applied to the N.C. Industrial Commission to stop payments to Clark, arguing that Clark and her attorneys had the burden of proving that Clark was entitled to continuing disability payments.

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Most any workers' compensation claim can be settled at mediation, including pro se claims, uninsured claims, denied claims, claims of fraud, and claims involving SS/Medicare, LTD/STD, retirement, pension, and health insurance issues. Of course, according to the NCIC, only about 75% of all workers' compensation claims are settled at mediation. The following entry is a discussion of why 1/4 of all workers' compensation claims do not settle at mediation.

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Like us, you know how deeply family members can be affected by a workplace injuries, both financially and emotionally. The impact of such injuries is long lasting. A family's struggles and challenges don't disappear once we obtain a verdict or a settlement or payment of their medical expenses.

They persist.

But at least there's help out there from groups like Kids' Chance of North Carolina, a scholarship program meant to help the children who become unwitting casualties of workplace injuries.

Kids' Chance of North Carolina scholarships are available to any student between the ages 16 and 25 whose parent's on-the-job injury or death resulted in a substantial decline in family income.

Scholarships in the amount of $4,500 annually may be used to pay for high school, technical school or college tuition, books, housing, meals or transportation. Another goal of Kids' Chance is to prevent students from dropping out of school. So scholarship recipients may also use the money to contribute to the family income.

For more information about Kids' Chance of North Carolina, visit www.kidschancenc.org. Scholarship applications are available from Deuterman Law Group by calling 373-1130 or online at www.deutermanlaw.com.

For a list of frequently asked questions, check out the Deuterman Law Group's recently updated FAQ for WC and Social Security Disability.
http://www.deutermanlaw.com/faqs/

Tom Domer of WILG Workers First Watch has some interesting thoughts about how Wal-Mart is degrading workers' rights and hurting communities around the world. Here's what he had to say in a recent essay about the documentary "Wal-Mart -- The High Cost of Low Price," which deals with the company's practices:

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As you know, in the summer of 2005 Senator David Hoyle sponsored the S984 bill for WC reform. The bill is backed by heavyweights such as Duke Energy, Progress Energy and Bank of America. The NCATL (North Carolino Association of Trial Lawyers) and other organizations rallied and continue to rally against it. It is exciting to also find out that within the companies that backed the bill, efforts are being made to keep people informed and proactive. The following article was taken from the Employee Advocate, a newsletter for Duke employees:

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