Tag Archive for injured worker

Jennifer Atkinson | January 27, 2012
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L&I Pushes for Better Worker Protection in Metals Industry

Two years ago a Washington state foundry worker fell into a tub of molten steel and sustained injuries that resulted in the loss of a leg and arm. Then, only a few months following this tragic incident, another Washington worker suffered severe burns at a galvanizing plant when he stepped into molten zinc. These cases, unfortunately, are only two of many incidents each year where metal workers suffer a work-related injury or occupational illness due to exposure to metal dust, fumes and other harmful substances.

In response to these workplace injuries – along with other health and safety hazards common among workers in the primary metals industry –the Department of Labor & Industries (L&I) has joined in a national campaign headed by OSHA to reduce serious injuries and enhance workplace safety across the industry. L&I officials estimate that approximately seventy businesses in Washington are in the primary metals industry.

In a statement released by the head of L&I’s Division of Occupational Safety and Health (DOSH), L&I Assistant Director Michael Silverstein offered the following remarks:

“Men and women working in foundries and other jobs where metal is cast or refined face several significant hazards, including exposure to lead and dangerous chemicals, extreme noise and heat, as well as injuries from the machinery and materials being used. With this special emphasis, L&I hopes to reduce the risks these workers face.”

As part of this new worker safety initiative, L&I has created a web page specifically devoted to reducing workplace hazards in the metals industry; the page also provides training materials and other relevant resources. Washington workers and employers are encouraged to visit the site here: www.PrimaryMetals.Lni.wa.gov.

The new workplace safety campaign also includes a mailing of informational literature to nearly seventy businesses in Washington that fall within the primary metals category. For those interested in seeing images of two serious workplace injuries caused by to molten metal, L&I has also put together a slideshow (viewer discretion advised). Finally, Washington L&I plans to expand enforcement inspections throughout the state.

The federal Occupational Safety and Health Administration (OSHA) launched a nationwide program to protect metal workers last year. Officials stated that due to the hazards of this workplace, workers in the metal industry have an injury and fatality rate exceeding many other industrial jobs. This trend, unfortunately, holds true in Washington State as well.

Employers and managers who oversee worker safety are encouraged to request individualized help in addressing workplace hazards by contacting an L&I Safety and Health consultant, or by calling a local L&I office.

If you have suffered a workplace injury or have an occupational illness, contact a Seattle L&I Lawyer at Emery Reddy today for help with your L&I claim.

Broadcast version of L&I’s news release:

“The Department of Labor & Industries has joined a national effort to improve safety at smelters, foundries and other metal processing facilities that make up the state’s primary metals industry. The effort involves increased inspections, more safety and health outreach into the industry, including the development of a new L&I web page, with training materials and other information. Businesses in this industry should expect to receive a postcard in the mail announcing the effort.”

Category: Department of Labor and Industries, L&I, Occupational Illness, Worker Injury, Workers Compensation Attorney, Workplace Accident, Workplace Safety | Tags: , , , , , , ,
Jennifer Atkinson | January 13, 2012
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Workers’ Compensation Requires Woman to Remain Under Care of Dead Physician

The absurdity of Arkansas State’s workers’ compensation rules came into the national spotlight this month when the Workers’ Comp Commission denied an injured worker’s request to see a new doctor – even after the physician attending to that worker died.

Lauren Eason, an Arkansas woman receiving workers compensation for a knee injury, requested a change of physicians in 2011, at which time she transferred to the care of Dr. Harold Chakales. Under Arkansas law, a worker can only change physicians once; so when Dr. Chakales passed away in December, the Workers’ Compensation Commission sent Eason a letter notifying her that they “cannot approve another change in this claim. We are constrained by the law.”

“We’re just kind of in workers’ comp limbo,” Eason said.

According to the Chief Executive Officer of the state’s Workers’ Compensation Commission,  Alan McClain, the case presents some sticky legal challenges and administrative impediments, but McClain remained hopeful that the case could be resolved before long. “There seems to be maybe at least some to getting that order entered,” McClain told a reported. “But practically speaking [Eason] should be able to see a doctor really soon and we can facilitate that communication … it could take six months. But that’s the long end of it. It would probably be closer to three months.”

Workers Compensation commentators were quick to weigh in on the situation: “Surely the state can do better for these people than a nightmarish 3 to 6 month administrative wait,” said Robert Wilson. “I certainly do understand that the law is the law, but I also recognize common sense is common sense.”

Eason’s attorney pointed out that the problem is not just isolated to his client noting that more than 100 injured workers are in a similar state of limbo due to rules restricting a change of physician request.

McClain did note the Arkansas State House has been looking into changing the existing law regarding injured workers’ ability to change their physicans: but ironically, rather than loosening restrictions, they have been considering a complete ban on claimants changing physicians at all.

Whether these rules go into effect remains to be seen.  In the meanwhile, Eason will have to endure her knee injury, as her old phsician will not be returning to the office before this case gets resolved.

Category: Worker Injury, workers compensation, Workers Compensation Attorney, Workplace Accident | Tags: , , ,
Jennifer Atkinson | January 11, 2012
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L&I Launches “Stay at Work” Program

Employers who give injured workers the opportunity to stay at light-duty jobs during their recovery may be eligible for reimbursement through the Department of Labor & Industries.  This incentive has emerged out of a new program in Washington State designed to keep injured workers in their jobs, while supporting employers who make this possible.

Washington’s new Stay at Work program is open to employers who pay workers’ compensation premiums to L&I. The program partially reimburses those businesses for the cost of returning employees with a work injury to light-duty jobs before they have medical clearance to return to their primary positions.

While the program was just launched yesterday, the legislation that produced it went into effect in June of 2011.  L&I claim managers anticipate that thousands of reimbursement requests from businesses who’ve already been offering light-duty jobs to employees with work-related injury during the period since the legislation passed.

The new program is one of a number of historic workers’ compensation reforms to come out of the 2011 Washington legislative session. These reforms are intended to lower costs and improve the recovery rates for workers with on-the-job injuries.

“The Stay at Work program gives us a unique opportunity to give Washington businesses an active role in their injured workers’ recoveries and return to productive employment,” said L&I Assistant Director for Insurance Services, Beth Dupre. “Most important, we have a much better chance of helping injured workers stay on salary and in the game while they recover under their doctor’s care.”

Employers participating in the Stay at Work program help injured workers by creating light-duty or “transitional” jobs that adhere to physician’s recommendations and medical restrictions. Some workers will need to undergo an Independent Medical Examination as part of this process. During the prescribed recovery time, the injured worker earns wages from the employer rather than receiving time-loss compensation from L&I.  For example, a worker with a construction site injury might take an inventory job while recovering from a back injury. Then through the Stay at Work program, L&I reimburses the employer for half of the worker’s base wage, plus some additional expenses (not to exceed $10,000 per L&I claim).

The program has already proved effective in Oregon, showing a tendency to speed recovery time and reduce long-term disability for a given workers compensation injury.  Medical studies indicate that many workers recovering from an injury are less likely to suffer from long-term disability when they remain active and engaged.

“This is a win-win for our employers,” Dupre said.  “It’s a strategy that will help their businesses and workers, and it won’t negatively impact their premium costs.”

If you need help with your L&I injury claim, contact a Seattle L&I Attorney.

 

Category: Department of Labor and Industries, Employment Attorney, Independent Medical Examination, L&I, Labor and Industries, Worker Injury, workers compensation, workers with disabilities, Workplace Accident | Tags: , , , , ,
Jennifer Atkinson | June 14, 2011
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States Shrink Workers’ Compensation Commissions

Labor & Industries claims continue to evolve across the States and a recent development in Michigan may signal an alarming trend in the downsizing of L & I Commissions that specialize in protecting injured worker rights in the face of business lobby interests.

Governor Rick Snyder pressed ahead in late May with his effort to trim State costs.  Among the many moves to downsize State bureaucracies and streamline government services and efficiency was the creation of the Michigan Compensation Appellate Commission.

According to Compnewsnetwork, “Gov. Snyder issued Executive Order 2011-6, which transfers the authorities and responsibilities of the Workers’ Compensation Appellate Commission and the Employment Security Board of Review to the new Michigan Compensation Appellate Commission.”

“With this reorganization, Michigan becomes a model of efficiency for appellate decisions in these two case areas,” Snyder said. “It provides greater flexibility in addressing fluctuating caseload levels and variations.”

The Michigan Compensation Appellate Commission will now consider appeals of decisions issued by magistrates and administrative law examiners, specifically in the realm of unemployment and workers’ compensation claims.

The most important, and perhaps most troubling, part of the creation of this new Commission, is that it takes on the workload that was previously performed by two separate Commissions: The Workers’ Compensation Appellate Commission and the Employment Security Board of Review. Although our economy is slowly recovering, what is striking about this consolidation of Commissions is that it does not seem to acknowledge the massive increase in unemployment and workers’ compensation claims the recession has engendered.

Further, while the Executive Order issued by the Governor requires that the new appellate commissioners be evaluated under defined standards to ensure that appeals are handled in a timely, knowledgeable and appropriate manner, the Order also requires that the commissioners adhere to productivity and timeliness standards.  In short, the effort here is to move claims and reviews through the Commission quickly, and as such, the important scrutiny that each individual injured worker’s claim should receive might be compromised.

Every experienced Washington workers compensation attorney is watching these developments across the country to ensure that injured workers in this state will continue to receive all the protections afforded to them by constantly evolving Labor & Industries law. Injured workers should first seek medical attention, then seek out the advice of an experienced L & I attorney at Emery Reddy as they pursue their claim.


Category: Employment Discrimination, Uncategorized, Worker Injury, Worker Rights, workers compensation | Tags: , , , , , ,
Jennifer Atkinson | June 2, 2011
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Labor & Industries Taps Drivers and Employers in Push for Workers’ Comp

A stalled Bill intended to give workers’ compensation benefits to Washington State taxi and limousine drivers may receive new life.  The Department of Labor and Industries was tapped early this week to contact employers and drivers in an effort to move the Bill forward.

The recent forced closure of a North Carolina bus company with an extensive history of safety violations has brought greater scrutiny to how professional drivers are treated by the agencies that employ them.  Although the driver involved in the latest deadly accident was cited for reckless driving, there is some evidence that Sky Express, the company that employed the driver, had a history forcing possibly fatigued drivers to work multiple shifts with inadequate rest.

What this incident highlights is that bus, taxi, and limousine drivers as well as other “for-hire” vehicle drivers are not merely unskilled workers, but professionals who literally hold the lives of their passengers in their hands, and that their ability to do so is directly linked to the kinds of workplace protections they may receive.  As such, there have been recent pushes by Labor advocates and Labor & Industries experts to expand access to health care and workers’ compensation benefits for these workers.

In February, Seattlepi.com reported that a Senate Bill requiring drivers to be covered by workers’ compensation benefits stalled in the legislature.  Scott Gutierrez reports, “Senate Bill 5785, one of two bills on the topic, would define taxis, limousines and other for-hire vehicles as ‘urban transportation businesses’ and require their owners to pay industrial insurance premiums.  The goal is to ensure that drivers are covered for work-related injuries beyond what’s covered by auto insurance, which is mandatory in the taxi business.”

The Bill’s sponsor, Senator Adam Kline, D-Seattle, is quoted as arguing “They get robbed and beat up, and because they spend so much time on the road, they’re exposed to more collisions.  That’s an occupational hazard.”

There has also been confusion over who is liable when a taxi or town car driver is injured in the workplace.  Gutierrez notes, “In the past, health care providers mistakenly filed medical claims with L&I involving cab drivers who said they were injured on the job, even though no one was paying into the system for them.  Then, L&I had to sort out whether the driver was an employee and who was responsible for the premiums.”  In fact, there was even a “recent lawsuit in Tacoma between L&I and a taxi association over a $400,000 medical claim involving a driver who was shot during a robbery.”

The Tacoma driver is only one of many Washington State drivers who have been the victim of violence in recent years.  Drivers are put in very vulnerable positions in relation to their passengers and often have little recourse when they are attacked, robbed, or even killed.  These statistics reveal that creating access to benefits could increase safety for passengers and drivers alike

The Department of Labor and Industries is well aware of these dangers and now seems prepared to help the legislature close this important gap in coverage for this very vulnerable class of workers.  The Preproposal Statement of Inquiry filed by L&I this week will seek advice from both employers and individuals from the for-hire vehicle industry as they move this initiative forward.

Workers injured on the job should first seek medical help, but then consult with an expert Washington workers compensation lawyer about their claim.  The expert workers’ compensation attorneys at Emery Reddy are standing by to assist injured workers with their claims.

Category: Uncategorized, Worker Injury, Worker Rights, workers compensation, Workplace Accident | Tags: , , , , , , , , , , , ,
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