Tag Archive for Labor and Industries Claims

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.

 

 

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.

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.

Gregoire Announces Good News on Workers’ Compensation Rates

Good news from the Governor’s office: Christine Gregoire has announced that the unemployment tax and workers’ compensation reform bills from last legislative session will help businesses weather the continuing economic slump by lowering next year’s unemployment tax rates and holding workers’ compensation rates flat through 2012.  The steady rates through the Department of Labor and Industries will save businesses an estimated $150 million.

Earlier this year, the Department of Labor & Industries projected a double-digit increase for workers compensation rates in 2012. Yet Gregoire’s reforms, along with improving trends in L&I claims indicating lower future cost, have resulted in overall workers’ compensation rates remaining flat. L&I projects that the governor’s reform will save $1.1 billion over the next four years.

Judy Schurke, Director of the Department of Labor and Industries, stated that “During the public hearing process we heard that we need to do all we can to reduce or hold the line on the cost of providing a job. That’s why this flat rate is so important.”

While there will be no general rate increase, individual employers may see rates go up or down, depending on their recent claims history, and changes in the frequency and cost of claims in their industry. For example, a 3% increase is slated for the construction industry, while the retail sector will experience a 3% drop.

Gregoire commented that the news “couldn’t come at a better time for Washington businesses and workers. Thanks to the reforms we passed earlier this year and the hard work of our state employees, businesses will have more money to hire and get Washingtonians working again.”

The Employment Security Division originally estimated that February’s unemployment tax reform bill would save businesses more than $300 million in 2011. Less than a year later, the effectiveness of these reforms seems to have surpassed initial expectations:
• Updated estimates indicate that businesses will save more than $500 million in the two-year period — $300 million in 2011 and $207 million in 2012.
• 88% of Washington’s employers will pay lower unemployment tax rates in 2012 than what they pay now.
• The overall average unemployment tax rate will drop by 13%.
• For the 77,338 employers that have had no layoffs in the past four years, the tax rate will decrease by 71%.

Employment Security Commissioner Paul Trause has been unreserved in expressing pride for this outcome: “The stability of our unemployment benefits fund and tax system is the envy of many other states. No other state has been able to reduce taxes and provide temporary benefit increases in this economy.”

New workers’ compensation and unemployment tax rates will both take effect January 2012.

 

Oklahoma Senate Passes Workers’ Comp Bill

Recently the full Oklahoma Senate approved a series of bills ostensibly designed to reduce the cost of doing business in Oklahoma.  As states compete to bring in companies amidst a slowly recovering economy, the usual suspects have emerged as siren songs of the “pro-business” community: lower corporate taxes, heavy deregulation, and limitations on workers’ compensation claims.  These proposals often have ramifications beyond their stated goals.  Lowering corporate taxes creates gaps in state budgets already suffering from lack of revenue leading to cuts in social and public services.  Deregulation can lead to abuses of corporate power, as exemplified by the mortgage crisis that kicked off the current recession.  And heavy-handed reforms to workers’ compensation can limit the ways workers can lawfully pursue and receive legitimate injury claims.

Oklahoma Senate Bill 878 purports to be a comprehensive approach to workers’ compensation reform.  Brian Bingman, R-Salupa said, “We are committed to reducing Oklahoma’s workers’ compensation rates and making our state more competitive for job creation in every way.  This bill is progress towards a goal of making Oklahoma more competitive economically with surrounding states.”

The provisions of the Bill include mandating a judge to render a decision within 60 days, mandatory annual reviews of disability recipients, placing more authority in the hands of medical experts when reviewing claims, and encouraging early return to work as a form of rehabilitation.

Critics are skeptical of bill’s true intent.  Barbara Hoberock reports that the bill could limit injured workers’ access to medical treatment. It ties rates of compensation for doctors treating injured workers to 120 percent of Medicare. She quotes Dr. William Gillock, who practices occupational medicine in Tulsa. “We are concerned it would eliminate access to care and affect the quality of care we can provide,” he said.  The primary concern is that the reduction of compensation would make it difficult for doctors to refer their patients to specialists who charge higher raters.

Another measure passed by the Oklahoma Senate is aimed at limiting the amount workers’ compensation lawyers can be paid to represent injured workers.  Critics like Senate Minority Leader Charles Laster argue that the resolution would force injured worker’s to stand alone against the well-funded legal teams representing insurance companies.  Although supporters argue the measure would motivate workers’ compensation lawyers to work harder on behalf of their clients to obtain larger compensation, another possible outcome is reluctance to take cases in the first place.

The Washington State legislature is also pushing major changes in workers’ compensation benefits under the banner of reducing costs to the State.  While Governor Chris Gregoire’s proposal to push workers back into “light duty” while still recovering from injuries and to offer buy-outs to injured workers does not go as far the Oklahoma measures, it does reflect the national trend to push injured workers back into the workplace perhaps before they are ready.  The Seattle Times reports the “idea is to reconnect the worker with his boss, co-workers and paycheck, instead of having him sit at home on state benefit.”  One should note that the Times’ description of a worker sitting “at home” reflects an ugly prejudice in the mass media and by politicians against the plight of the injured worker.  As anyone who has suffered a workplace injury will tell you, recovery is a physically and emotionally exhausting process.

Labor and Industries laws continue to change across the nation.  Injured workers should consult with a Washington Workers Compensation Lawyer to ensure they receive the full protection of the law.