Tag Archive for Labor & Industries

September 11 Cancer Victims Fight for Compensation

 Last week an advisory medical panel recommended that over 30 different types of cancers be covered by the Zagroda 9/11 Health Care Act for those suffering from illness as a result of Ground Zero toxins.

The advisory committee says studies show a large number of cancers, including blood, digestive, skin, oral and respiratory diseases, are directly linked to dust at the World Trade Center after the September 11th attacks. Yet cancer was left out of the Zadroga health care bill despite dedicated advocacy from people who fell ill after breathing toxins at Ground Zero. The administrator of the program wanted more conclusive evidence.

If the government approves the recommendations, cancer victims would be eligible to apply for a share of the $2.8 billion compensation fund. The panel is scheduled to present its findings on April 2.

Yet Feal noted that even when the panel’s recommendation is made, a bitter political fight could remain. “Once it gets down to deciding what cancers to add, that becomes political — when people debate what can be afforded or not,” he said. “That’s what we have to fight against.”

Read more details here about 9/11 compensation.

If you are suffering from any occupational illness or work injury and need professional assistance to recover your workers compensation benefits from the Department of Labor and Industries, contact an L&I Lawyer at Emery Reddy today. We represent clients who want to appeal a denied L&I claim, or who have been required to complete an independent medical examination. Our knowledgeable and experienced Workers Compensation Attorneys and Seattle employment attorneys provide guidance to workers experiencing any difficulty with an L&I 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.

 

OSHA Cites Amy Food Inc for Exposing Workers to Amputation Hazards

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the company Amy Food with one “willful,” four “serious” and three other-than-serious citations for placing workers in situations with a clear risk of amputation at the company’s Houston facility. Proposed penalties presently run over $77,000.

OSHA’s Houston Area Office held a safety inspection this past September following worker complaints and reports from employment attorneys that numerous employees had nearly suffered amputation incidents while operating machinery. OSHA’s investigation determined that not only did the company fail to have an energy control program in place, but its machines were also left plugged into electrical power sources prior to maintenance and servicing. This poses a serious threat of workplace injury or death.

The willful violation citation was issued for failure to create, document and adopt an energy control program. A willful violation is one that is committed with deliberate, knowing or voluntary disregard for the established legal requirements, or with simple disregard for workplace safety and employee health.

The serious violations include failure to provide required machine guarding on sprockets and chains; failure to cover floor holes and openings; and neglecting to properly mark exit doors. A serious violation arises when there is significant probability that death or serious physical harm could result from a hazard of which the employer is aware.

The other violations that do not fall into the “serious” category involve poor recordkeeping of injuries and illnesses on the OSHA log. An “other-than-serious violation” is one that relates to job safety, but would not itself likely cause death or serious physical harm.

In a statement released by the director of OSHA’s Houston South Area Office, Mark Briggs said that “This company exposed its workers to injuries, including possible amputation hazards, by failing to develop, document and utilize an energy control program during the maintenance and servicing of machinery. Employer disregard for worker safety will not be tolerated.”

The company has two weeks from receipt of the citations to either comply, request an informal conference with OSHA, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

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), the agency’s Houston South office at 281-286-0583 or its Houston North office at 281-591-2438.

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 workforce by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

The Department of Labor and Industries website also has useful information on workplace safety and L&I Claims.  If you are struggling to recover benefits from a workers compensation case, or want to appeal a rejected L&I claim, contact the L&I lawyers at Emery Reddy for help.

Seeing Disabilities as an Asset in the Workplace

Many people identify Berkeley with the Free Speech Movement of 1960s, but few know that Berkeley was also a central player in the disability rights movement. Berkeley’s campus is where Ed Roberts — a student with quadriplegia — emerged as an outspoken advocate of the cause.

Peggy Klaus, a consultant to executives and organizations on leadership and communication, was recently invited to give a lecture for the Disabled Students’ Program at the University of California, and wrote about initial feelings of anxiety and discomfort at the prospect of speaking to an audience made up solely of people with disabilities.

After admitting her misgivings to Paul Hippolitus, the director of the program and a 30-year veteran of the Office of Disability Employment Policy of the federal Labor Department, she learned that her response was “Perfectly normal.”  As Hippolitus pointed out, “In this culture, nearly everyone is uncomfortable with disability” – including people with disabilities as well. Constantly subject to a public that stares at them or reacts with unease, people with disabilities can be made to feel highly self-conscious and develop a lack of self-confidence.

Students at the Berkeley School of Disabilities are no exception. This is the reason, according to Hippolitus, that many forego graduate school, and as a result delay opportunities to enter the work force.

Today, more than 20 years following the passage of the Americans With Disabilities Act, the percentage of full employment among the population of people with a disability is only 17.9 percent. This compares with 63.7 percent for Americans without disabilities.

What might account for this lack of progress? It has been suggested that some employers fear that “reasonable accommodation” of the disabled will require extra time, resources and money. The federal Job Accommodation Network, however, shows that theses fears are baseless; many accommodations cost nothing or run just a few hundred dollars.

Rather than waiting for society to change, Mr. Hippolitus has developed a course on Professional Development and Disability, which focuses not only on the principles and practices of disability employment but also on strategies for navigating the 21st century American workplace.

For nearly any job candidate, excelling in the interview can be crucial to landing a job.

It is unlawful for employers to ask about an applicant’s disability. However, when disabilities are visible, they may still have concerns. Since applicants themselves are under no restrictions, many opt to simply address employers’ potential reservations head-on — an approach that is addressed in the Berkeley course. This not only diffuses those lingering misgivings, but also opens a space to talk about the skills required to manage a disability, like strategic planning and time management.

Peggy Klaus shared some of these hypothetical exchanges:

“To start with a line like, ‘You may be wondering how I could manage to travel as part of the job,’ means that job applicants can elaborate on how they manage the rigors of travel, given their limitations. In addition to talking about their work and academic experience, they can offer up ‘brag nuggets’ and stories — talking about the preparations they needed for a trip to Europe, for example, or to make an 8 a.m. class.”

If more Americans began to view disability as both a challenge and an asset, we would make some important steps toward fully utilizing the job skills of all workers.

If you have experienced disability discrimination or any other form of employment discrimination, contact an employment attorney at Emery Reddy today.

For legal advice and assistance with your L&I claim, contact a Seattle Workers’ Compensation Attorney at Emery Reddy. If the Department of Labor & Industries has required you to complete an Independent Medical Exam, we urge you to consult with an attorney prior to attending the IME. Finally, if your claim has been rejected, it is in your best interest to work with an experienced L&I attorney to appeal denied L&I claims.

L&I Accepting Public Comments for New Structured Settlement Rules

The Department of Labor & Industries will host four hearings for public comment on regulations concerning structured settlement agreements for workers’ compensation claims.

In 2011, the Washington State Legislature passed several major workers’ compensation reform acts.  Engrossed House Bill 2123 permits workers, employers or the Dept of Labor & Industries to open and negotiate structured settlement agreements to resolve claims for qualified injured workers age 55 and over.

A structured settlement agreement is defined as an agreement between a worker, his or her employer, and L&I that seeks to resolve future non-medical benefits on a claim. For the majority of structured settlements, claims are closed and workers receive a fixed compensation payment in installments as laid out in the agreement.

As explained by Dustin Dailey, Program Manager: “Structured settlement is another option for those injured workers who want to pursue work or retirement goals independent of the system.”

L&I oversees current negotiations with injured workers and State Fund employers who insure through L&I. The agency is not involved with structured settlement agreement proceedings for self-insured employers.

Although a worker may enter into a structured settlement agreement, he or she may still receive prescribed medical treatment for conditions covered by their claim.

The proposed rules concern the implementation of the legislation, and are available under L&I rules at the Structured Settlement website.

Public hearings on the proposed rules will be held at:

  • Vancouver, Feb. 21, 10 a.m., Red Lion at the Quay, 100 Columbia St., 98660
  • Tukwila, Feb. 21, 1 p.m., L&I Tukwila office, 12806 Gateway Dr. S., 98168
  • Tumwater, Feb.22, 10 a.m., L&I Tumwater building, 7273 Linderson Way S.W., 98501
  • Spokane, Feb.22, 10 a.m., Center Place Event Center, 2426 N. Discovery Place, 99216

Written comments will be accepted until 5 p.m., Feb. 24. You can submit written comments to Nancy James at Nancy.James@lni.wa.gov

Fax: 360-902-4960
Mail: Department of Labor & Industries, P.O. Box 44208, Olympia, WA 98504
Hand delivery: L&I, 7273 Linderson Way SW, Tumwater, WA  98501.

Washington’s State Fund is the seventh largest workers’ compensation insurer in the country. It provides insurance to employers and workers at no profit; the money to pay claims comes from premiums and investment income. The State Fund does not get any money from state taxes that go into the state General Fund or from the federal government.

For legal advice and assistance with your L&I claim, contact a Seattle Workers’ Compensation Attorney at Emery Reddy. If the Department of Labor & Industries has required you to complete an Independent Medical Exam, we urge you to consult with an attorney prior to attending the IME.

Am I required to attend an Independent Medical Exam?

Appeal a denied L&I claim: If your claim has been rejected, it is in your best interest to work with an experienced L&I attorney to appeal denied L&I claims. The Dept of Labor and Industries has established time limits for appealing rejected injury claims, so we encourage you to consult an Emery Reddy attorney for assistance right away.