Tag Archive for Labor and Industries Claims

Jennifer Atkinson | February 21, 2012
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Worker Seriously Injured by Crane; OSHA Cites Contractor for Willful and Serious Safety Violations

The U.S. Department of Labor’s Occupational Safety and Health Administration recently cited Florida-based Bennett Electrical Services Co. for three safety violations, including one judged to be willful, following the serious injury of an employee.

In the course of an inspection begun in August based on a referral, OSHA discovered that a worker had been injured and hospitalized due to a faulty truck-mounted crane. While moving concrete-based traffic lights, the boom of the crane broke away from the truck, striking the operator in the head and knocking him from the operator’s station to the ground below.

One willful violation (carrying a $42,000 penalty) results from the employer’s failure to conduct annual inspections on the equipment. The employer was evidently aware of safety concerns raised by OSHA in previous citations from 2002 and 2006. A willful violation is one committed with deliberate understanding or intentional disregard for measured required by law, or with obvious indifference to worker safety and health.

Two serious violations carrying $8,400 in proposed fines have also been issued for undertaking modifications to the truck-mounted crane without the written approval of the manufacturer, and for permitting the crane to remain in operation despite known deficiencies. A serious violation occurs when there is considerable probability that death or serious worker injury could result from a hazard the employer knew about.
“Because this employer failed to provide safe equipment, a worker was seriously injured and could have been killed,” said Darlene Fossum, director of OSHA’s Fort Lauderdale Area Office. “This unfortunate incident illustrates why following OSHA’s standards are so important. All employees deserve a work environment free from unnecessary hazards.”

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742).

If you were injured at work and plan to file an L&I claim, contact a Washington Workers’ Compensation Attorney at Emery Reddy. During the workers compensation claim process, the Department of Labor & Industries may require you to undergo an Independent Medical Exam; if this happens to you, we urge you to consult with an Seattle L&I lawyer before attending the IME. Finally, if your claim has been denied, it is in your best interest to work with an experienced L&I attorney to appeal rejected L&I claims.

Category: Department of Labor and Industries, Independent Medical Examination, L&I Attorney, workers compensation, Workers Compensation Attorney, Workplace Accident, Workplace Safety | Tags: , , , , , , ,
Jennifer Atkinson | February 16, 2012
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Insurance Industry Defies Logic with Workers’ Comp Fraud Estimates

In recent months the California Department of Insurance has been trying to enlist “suspicious employers,” investigators, and “concerned co-workers” in the fight against insurance fraud by asking them to use social networks and “smart interviewing techniques that uncover information [leading] to prosecutions.”  The CDI is even holding workshops and distributing DVDs to reinforce their campaign.  Yet in the process, it’s been making some outrageous claims about the rates and cost of workers’ compensation fraud.

Recent discussions encouraging the use of tools like Facebook to combat fraud portray insurance companies as victims beset by California workers who “prey on the workers’ compensation system.” But in one rather ironic passage, the Department of Insurance tries to create the impression of a fraud epidemic in 2011 by citing the 103 individuals convicted of fraudulent acts “in and around the workers’ comp system” that year.  To me, 103 people in a state of 37 million didn’t seem like a very substantial percentage; but since I can’t do long division with numbers in the millions off the top of my head, I pulled out my trusty calculator to determine the rate of verified fraud in 2011 – based on the Insurance Department’s own figures:

Grand total: 0.0002%.

But just in case this doesn’t seem like sufficient cause for alarm, the California Department of Insurance reminds us that its figures don’t include cases that went undetected.  (So maybe the number is even bigger….)

The CDI’s argument goes from absurd to outrageous when it claims to have “new data”on the costs of insurance fraud last year: “the overall impact of fraud exceeds $1 billion annually, according to CDI estimates.”

One billion. With a “B.”

If this number bears any relation to reality, it might indeed support the Insurance Department’s suggestions of an epidemic. But again, I’m bad at unaided long-division when someone throws a number like one billion at me. So going back to that rate of convicted fraudsters, I once again run the figures through my calculator. And according to CDI’s allegations, costs would have to stand at an average of $9.7 million dollars per fraud case for this to be true.

For a brief moment, I considered the possibility that this was simply a typo – a scenario that’s hardly farfetched given the overtime hours that Public Relations folks have to put in for the Insurance Industry these days. But no: the California Department of Insurance reported similar numbers the previous year as well.

As countless events have shown over the past few years, banks and insurance companies do not have the best track record when it comes to accurately representing numbers — or the threat to national prosperity posed by American workers relative to the financial sector. Moreover, as studies by the American Association for Justice show, the lion’s share of criminal activity is committed by insurance companies, not by injured workers.

To learn more about how insurance companies put profits above people, please see our discussion of industry tactics used to deny injury claims for workers’ compensation injuries and personal injuries. And if you or someone you know needs help with an L&I claim, contact a Seattle Workers’ Compensation Attorney at Emery Reddy today. We also encourage workers to consult with an attorney prior to completing an Independent Medical Exam, which is often required by L&I for many workplace injury claims.

Do I have to have an Independent Medical Exam?

Category: Department of Labor and Industries, Disability, Employment Attorney, Independent Medical Examination, L&I, Labor and Industries, Uncategorized, Worker Injury, workers compensation, Workers Compensation Attorney | Tags: , , , , , , , , , ,
Jennifer Atkinson | January 23, 2012
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Injury Rates Improve for Washington State Workers

Survey results released by the Department of Labor & Industries show that job sites across Washington became safer in 2010, continuing a trend that started over a decade ago.  According to the Washington State Occupational Injury and Illness Survey, 5 out of every 100 full-time workers (including employees in both private and public sector industries) sustained a job-related injury or illness in 2010. This figure is down from the rate of 5.3 in 100 from 2009.

2010’s rate is the lowest recorded in Washington since 2003, when the injury rate stood at 6.9. 2003 was the year when L&I adopted the North American Industry Classification System (NAICS), which is also used by the U.S. Bureau of Labor Statistics (BLS).

Within private industries themselves, Washington’s injury and illness rate is still above the average national rate. Injuries among Washington workers stood at 4.8 per 100 full-time employees in 2010, while the national rate was 3.5.

Nearly every major industry in Washington showed better numbers in 2010. Injury and illness rates among construction workers, for instance, fell from 8.2 per 100 in 2009 to 7.2 in 2010. Nursing and Residential Care Facilities experienced a decline of 11.4 injuries per 100 workers in 2009 to 9.4 injuries last year.

Another significant change in this latest survey was the occurrence of “serious injuries” – injuries severe enough to prevent a worker from performing their usual job duties. In 2010, half of workers who were injured or became ill were in need of time off or modified work duties during recovery. That rate represented a drop of a few percentage points from the 2009 rate.

If you have been injured at work or have developed a work-related illness and need help with your L&I Claim, contact a Washington Workers Compensation Lawyer for assistance with your case. Our attorneys also provide confidential legal advice and professional observers to accompany workers during the independent medical examination process.

 

 

Category: IME, Independent Medical Examination, L&I, Labor and Industries, Worker Injury, Workplace Accident | Tags: , , , , ,
Jennifer Atkinson | January 19, 2012
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L&I Adopts Hazardous Drugs Rule

On January 3, the Department of Labor & Industries (L&I) adopted the Hazardous Drugs rule, which aims to protect health care workers from harmful exposure to chemotherapy or other hazardous drugs. The rule will go into effect in stages, beginning January 1, 2013.

The rule was enacted in response to a bill passed by the Washington State Legislature, which requires L&I to implement protections that abide by recommendations in the National Institute of Occupational Safety and Health reports of 2004 and 2010.

L&I will host a public meeting to discuss the creation of a Hazardous Drugs Advisory Committee, as well as model programs that support employers as they implement the rule.  This event will take place at the L&I Tumwater building from 2 – 4 pm on Wednesday, January 25th. The Auditorium is located at:

Department of Labor & Industries Auditorium
7273 Linderson Way SW
Tumwater, WA 98501-5414

When the Hazardous Drugs rule goes into effect it will cover all health care settings where workers come into contact with these hazardous drugs. Some of those substances have been identified as cancer-causing agents, while others are known to cause irreversible harm to health care workers – even at low-level exposure rates.

Under this new rule, “health care facilities” will be defined as sites where a health care provider administers medical care to patients.

The rule includes minimum requirements for advancing a hazardous drug control program.  Using existing hazard assessments, employers will establish programs to reduce or eliminate employee exposure to hazardous substances.

If you or someone you know has suffered a work-related illness due to exposure to hazardous substances, contact an Employment Attorney at Emery Reddy for help recovering damages.

Category: Department of Labor and Industries, Employment Attorney, L&I, Labor and Industries, Occupational Illness, Workers Compensation Attorney, Workplace Safety | Tags: , , , , , ,
Jennifer Atkinson | January 6, 2012
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New Washington State Minimum Wage Goes Into Effect

Washington State’s minimum wage has been the highest in the U.S. for the past decade, and now labor advocates can claim another small victory: the minimum wage just rose 37 cents to $9.04 per hour. Washington’s minimum wage applies to workers in all industries and across every sector; however, 14 and 15 year-olds may be paid at a lower rate ($7.68 per hour), which is 85% of the adult wage rate.

The Department of Labor & Industries re-adjusts the state minimum wage every September, as mandated by the voter-approved Initiative 688.  That initiative went into effect in 1998, and requires the state to adjust its minimum wage according to changes in the federal CPI-W, a national index of the cost of goods and services necessary for daily living. The index increased 4.3% over this past year.

L&I provides employers with poster announcements of the new 2012 minimum wage; these can be printed and displayed as needed. The announcement is offered as a convenience only; neither L&I nor Washington State law requires businesses to display these. However, employers do need to post the “Your Rights as a Worker” poster, which gives general information regarding the minimum wage and other related topics.  These workplace posters are available free of charge from any L&I office, and can be downloaded from the L&I website.

Does the Minimum Wage Increase Unemployment?

Some economic theorists argue that a minimum wage set above a so-called “natural market wage” produces higher unemployment – especially for unskilled workers or others who might be considered a “risk” to employ. However, experts hotly debate this question using a wide variety of data, economic theory, and historical cases.

Seattle Times editorialist Bruce Ramsey cautiously suggests that higher unemployment could result from higher wages. He bases his misgivings about the new minimum wage on comparative state figures for the number of workers experiencing underemployment (defined as officially unemployed — not working and looking for work), workers employed part-time but seeking full-time work, “other marginally attached” workers, and individuals who want a job but are discouraged from looking. In light of these figures, Ramsey offers the following account:

“Combined, these ‘underemployed’ were the biggest problem in Oregon, Alaska, Washington, Michigan and California, in that order. This was not for one year, but was an average of 2003 to 2010, which includes boom years and recession years. Notable was that every one of the five states with the worst underemployment has a state minimum wage higher than the federal minimum of $7.25: Oregon is at $8.80, Alaska $7.75, Washington $9.04, Michigan $7.40 and California $8.00. (The listdoes not include the changes since 2003.) The five states with the lowest underemployment from 2003 to 2010 were Nebraska, Delaware, New Hampshire, South Dakota and Virginia. None has a state minimum higher than $7.25. If you start with the states with the highest minimum and see where they fall, there is less correlation. Still, Washington and Oregon have the highest state minimums, and in the period of 2003-2010 they were third and first, respectively, in rates of underemployment. That is not proof of economic theory–there are lots of reasons why a state will do well or poorly–but it is suggestive.”

However, other experts refute these implications, citing studies that suggest a zero (or near-zero) net job loss resulting from higher minimum wage rates. In an interview with NPR, David Cooper, an analyst with the pro-labor Economic Policy Institute, argues the minimum wage is especially important to America’s struggling workforce now:

“When you have lines of the unemployed around the corner looking for jobs, there’s no real pressure for employers to raise wages,” Cooper says.

And in this age of Occupy Wall Street, Cooper says, pushing up that wage floor is one way to address growing income inequality.

“Increases in the minimum wage are essentially a shift from corporate profits to low-wage employees,” he says. “And we know that low-wage employees spend more of their money. They’re going to spend essentially every penny they get, so that increased demand is going to result in more economic activity and potentially more jobs.”

If you are involved in a wage or hour dispute with your employer, contact a Seattle Employment Attorney or Wage & Hour Violation Attorney to represent your case.

Category: Department of Labor and Industries, Employment Attorney, L&I, Labor and Industries | Tags: , , , ,
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