Tag Archive for L & I Workers Compensation claim

Jennifer Atkinson | January 17, 2012
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As Snow Storm Hits Washington, Workers Take Precautions

With weather forecasters predicting one of the biggest Seattle snow storms in recent years to arrive tomorrow, workers and employers should prepare to take full precautions to ensure winter safety. The U.S. Department of Labor has created a new page on the website for its Occupational Safety and Health Administration (OSHA) to help protect workers from potential hazards that come with winter storm response and recovery operations.

Visit OSHA’s Winter Storms Web page.

During winter months, employees who work in snow storms experience increased rates of injuries, as shown by increased L&I claims during these extreme conditions. OSHA’s new online tool offers tips and guidelines for how Washington employers and workers engaged in clean-up and recovery operations can identify hazards inherent in snow storm conditions, and take necessary steps to ensure worker safety while carrying out their jobs in wintry conditions. The webpage includes best practices and directions for workers whose activities may lead them to clear heavy snow around workplaces or from rooftops; encounter downed power lines; travel on slick or icy roads; or restore power after storms.

Hazards related to work in winter storm conditions include:

  • Workers being struck by falling objects (icicles, tree limbs, utility poles, etc)
  • Vehicle accidents on icy roadways
  • Carbon monoxide poisoning
  • Dehydration, hypothermia or frostbite
  • Exhaustion from overexertion
  • Back injuries – or even heart attacks – while removing snow
  • Slips & falls on slippery walkways
  • Electrocution from downed power lines and objects in contact with them
  • Burns from fires caused by energized line contact or equipment failure
  • Falls from rooftop snow removal, or while working on aerial lifts or ladders
  • Roof collapse under excess snow weight
  • Injuries from improperly operated chain saws and power tools, or from improperly attempting to clear jams in snow blowers

In response to these winter hazards and the work-related injuries that often occur in such condition, OSHA details the most effective measures for minimizing winter storm hazards. These include:

  • Approaching all power lines as if they were energized, and staying completely clear of downed or damaged power lines
  • Ensuring all powered equipment is properly guarded and disconnected from power sources before cleaning or performing maintenance
  • Using extremely caution on and around surfaces that are weighed down by snow or ice
  • Shoveling only moderate to small amounts of snow at a time, and using appropriate lifting form to avoid back injuries
  • Keeping walking surfaces clear of snow and ice; use salt where appropriate
  • Employers should provide and ensure the use of fall protection measures, and maintain ladders in good working condition
  • Remaining in one’s vehicle in the case of roadway emergency. Occupants should not leave a vehicle unless help is visible within 100 yards
  • Wearing reflective uniforms or clothing, as well as face and body protection
  • Clearly marking work zones
  • Using engineering controls, personal protective equipment and safe work practices to minimize the length of exposure to cold.

The new Winter Storms Web page provides links to OSHA guidelines, as well as advice from Federal Emergency Management Agency, the American Red Cross, the National Weather Service, the National Oceanic and Atmospheric Administration, the Centers for Disease Control and Prevention, the National Safety Council and other relevant organizations.

As OSHA explains on its website: “Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.”

Category: Department of Labor and Industries, L&I, Worker Injury, 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 | December 13, 2011
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Study Shows Improved Recovery from Work Related Injuries

According to this month’s issue of the American Public Health Association journal, Medical Care, studies of occupational healthcare in Washington indicate that improving medical care for injured workers significantly decreases missed work time. The study was conducted by Dr Thomas Wickizer of Ohio State University, College of Public Health, and Dr. Gary Franklin, medical director at Washington State’s Department of Labor & Industries (L&I).

“Work-related disability is a major public health problem that’s largely overlooked in the U.S.,” Dr. Franklin of L&I said. “This study shows that using occupational health best practices when treating injured workers can have an important effect on their recovery.”

In 2008, L&I began to collaborate with physicians in both Washington and throughout the U.S., University of Washington medical researchers, and business leaders and labor advocates to assess best practices for helping workers recover during the first 12 weeks following a work-related injury. L&I’s Centers of Occupational Health and Education (COHE) were the direct outcome of this project; these organizations function as community-based centers that promote the most effective procedures and treatments of injured workers.

Specifically, these practices emphasize the safe, healthful recovering of injured workers and their return to full capacity and employment in the workplace. Such “best practices” include quickly filing a workers’ compensation claim with L&I, directly contacting the employer to discuss the worker’s ability to resume their job (or some lighter tasks in the workplace), and frequently evaluating a worker’s ability to perform tasks and activities at work.

L&I provides monetary incentives and administrative support to COHE healthcare providers to help them put injured workers back to work as soon as possible. Health services coordinators are central to the success of this process: these individuals work with COHEs and report to healthcare delivery teams, supporting community-wide integration of medical care.

This undertaking, and the enhanced integration of care by way of best practices and incentives, has emerged as an early prototype of what many imagine could be a more “accountable-care” concept within national health care reform.

The study involved seven workers compensation researchers from L&I, the Ohio State University’s College of Public Health, and the University of Washington’s Department of Environmental and Occupational Health Sciences. Together, this team examined and evaluated 105,000 + workers’ compensation claims from 2001 to 2007, including both COHE and non-COHE-related claims.  Findings show that injured workers who received treatment from healthcare providers following COHE best practices had 20% fewer “disability days” compared to other injured workers receiving treatment, as well as a $510 drop in total medical and disability costs per claim. One of the most promising figures related to back strain: workers with back injuries showed a 30% drop in disability days. In his report, Dr. Franklin stated: “We’re especially encouraged that the outcomes for workers with low-back strain were significantly better. Lower-back strain is a costly and common disabling condition in workers’ compensation.”

At the moment, four COHE sites work with 2,000 providers and hundreds of workplaces, providing treatment to nearly one-third of injured workers in Washington. Figures from the study brought about new legislation this year that will make COHEs more accessible, expanding access to all injured workers in Washington by 2015.

Category: Back Injury, Department of Labor and Industries, L&I, workers compensation, 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: , , , , , ,
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