Tag Archive for L & I Workers Compensation claim

OSHA Warns Workers of Hazards in Tornado Recovery Efforts

 As residents recover from storms that created havoc across the Midwest and South last week, the U.S. Department of Labor’s Occupational Safety and Health Administration has been on the scene to provide compliance assistance to cleanup and recovery workers who face multiple hazards in their activity.
“The safety and health of these cleanup crews is our chief concern, and we are on the ground in affected areas providing compliance assistance,” said Greg Baxter, OSHA’s acting regional administrator in Chicago. “Storm recovery efforts expose workers to a wide range of hazards, which can be minimized by knowledge, safe work practices and personal protective equipment.”

Hazards common to cleanup and recovery work can include illness from exposure to contaminated water or food, downed electrical wires, carbon monoxide and electrical hazards from generators, slip and fall hazards, being caught in unprotected excavations or confined spaces, burns, lacerations, back and neck injuries, exposure to hazardous materials, and being injured by traffic or heavy equipment.

Workers and employers participating in storm or tornado recovery efforts can call OSHA’s toll-free hotline at 800-321-OSHA to speak with representatives in their areas who offer on-site assistance. Fact sheets, quick cards and other educational materials on workplace safety and personal protective equipment are available on the agency’s Tornado Recovery Web page at http://www.osha.gov/dts/weather/tornado/index.html.

While tornadoes are almost unheard of in Washington State, we have our fair share of heavy storms each winter, and many Washington workers find themselves in harm’s way during the recovery efforts. If you are suffering from a work injury, need help recovering your workers compensation benefits from the Department of Labor and Industries, or want to appeal a denied L&I claim, contact an Employment attorney at Emery Reddy today. Our experienced L&I Attorneys and Seattle Workers Compensation Lawyers  can also help workers who have been required to complete an independent medical exam, or who have other difficulties with their L&I claim.

 

Hiring Trends Show Progress Toward a Labor Recovery

American companies boosted hiring in February, strengthening expectations that the labor market’s recovery has shifted into a higher gear. Data released Wednesday, followed by more this morning, revealed that wages grew faster at the end of last year than originally estimated, providing welcome news for consumers, but indicating a potential inflation problem for the Federal Reserve.

Last month the private sector added 216,000 jobs, according to the ADP National Employment Report. This exceeded economists’ predictions for a gain of 208,000.  “After two years of expansion without much gain in employment, we’re finally hitting the point where firms need to begin adding people in order to meet increased orders,” said Steve Blitz, senior economist at ITG Investment Research in New York. “There are still risks ahead, but if you could just stop the clock right where we are now, you’ve got a recovery that is gathering some momentum; it appears to be self-reinforcing.”

The Federal Reserve watches unit labor costs closely for signs of inflation, and noted that these rose at an annual rate of 2.8% in the fourth quarter, revised sharply up from the 1.2% pace reported Labor Department last month. Third-quarter wage growth increased to a 3.9% pace from the previously reported drop of 2.1%.

Workers received more promising news than they’ve seen in some time: hourly earnings (adjusted for inflation) rose at a 2.8% rate in the fourth quarter, revised from the previously reported increase of 1.0%. This marked the most substantial gain since the second quarter of 2010.

Wednesday’s data also revealed that consumer credit expanded sharply in January for the 5th consecutive month as Americans borrowed money to purchase cars and pay for education.  However, separate reports on housing suggested that this sector remained in a slump. Home prices fell another percent in January, the sixth straight month of declines as sales of distressed properties took a toll.

Despite the promising trends, many American continue to suffer from unemployment or underemployment. There have also been a number of troubling stories in recent news regarding wrongful termination, denied L&I claims, unsound practices during the independent medical exam, and other difficulties that workers face in navigating the Department of Labor and Industries. If you need expert help to appeal a rejected L&I claim or recover your full workers compensation benefits from Washington’s L&I, contact a Seattle Employment attorney or an L&I Lawyer at Emery Reddy.

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.”

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.

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.