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.

The OFCCP’s prospective rule would bolster affirmative action requirements set forth in Section 503 of the Rehabilitation Act of 1973, and obligate federal contractors / subcontractors to give equal employment opportunities to qualified workers with disabilities. The potential regulatory changes also include particular actions that contractors would be required to take in recruiting, training, record keeping and policy dissemination — much like those already required to foster workplace equality for minorities and women.

In an announcement released by the Labor Department, Secretary of Labor Hilda L. Solis stated that the proposed rule represents “one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act. President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities.”

While Section 503 policies have already been in place for decades, people with disabilities are presently experiencing an unemployment rate of 13 percent, which is one and a half times higher than those without disabilities. Even more alarming is the data released last week by the Bureau of Labor Statistics, which confirms blatant disparities for working-age Americans with disabilities, with 79% completely outside the labor force, compared to 30% of those without disabilities.

“For nearly forty years, the rules have said that contractors simply need to make a ‘good faith’ effort to recruit and hire people with disabilities. Clearly, that’s not working,” said OFCCP Director Patricia A. Shiu. “Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we’re in the business of getting things done.”

Setting a 7% hiring goal for hiring Americans with disabilities provides a tool for contractors to assess the effectiveness of various affirmative action efforts. The proposed rule would also improve requirements for data research and documentation to enhance accountability. Additionally, it would institute annual self-reviews of employers’ outreach and recruitment efforts, and include a new requirement for contractors to post job openings to broader pools of qualified candidates.

Learn more about Disability Benefits through the Labor and Industries website.

If you believe you are the victim of employment discrimination, contact a Seattle employment attorney for help with your case. Emery Reddy also represents Washington workers with L&I claims and workers compensation claims.

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.

In an October 21 press release, the U.S. Department of Labor’s Bureau of Labor Statistics reported an encouraging decline in workplace injuries and illnesses. Across much of the U.S., workers compensation claims are down in many industries, particularly construction. Among private employers, nonfatal accidents declined to a rate of 3.6 cases for every 100 full-time workers in 2009, down from 3.9 per 100 in 2008. BLS also announced a drop in the total number of cases in the U.S., which declined from 3.7 million in 2008 to 3.3 million in 2009.

“While the reported decline in workplace injuries and illnesses is encouraging, 3.3 million workplace injuries and illnesses are 3.3 million too many,” said Secretary of Labor Hilda L. Solis. “No worker should fear being injured or made sick for a paycheck.”

Solis emphasized the importance of thorough and accurate reporting in the case of workplace injuries. Solid record-keeping for workers compensation claims, she stated, can “serve as the basis for employer programs to investigate injuries and prevent future occurrences.” The Labor Secretary indicated that most employers recognize this obligation and do their best to correct conditions in which worker injuries occur, but pointed out that too many still do not. “That is why my department’s Occupational Safety and Health Administration is aggressively working to ensure the completeness and accuracy of injury data compiled by the nation’s employers. We are concerned about the widespread existence of programs that discourage workers from reporting injuries, and we will continue to issue citations and penalties to employers that intentionally under-report workplace injuries.”

Solis concluded the press release by reiterating the importance of adherence to workers’ compensation guidelines and regulations that prevent workplace injury. “Too many Americans suffer each year from preventable injuries or illnesses they received while on the job. Even in these difficult economic times, we must keep in mind that no job is a good job unless it’s a safe job.”

Under state law, a “willful” violation occurs when an employer knowingly breaks a rule and exhibits an obvious indifference to correcting that violation; a “serious” violation is an incident involving a substantial probability of serious worker injury or death.

The accident occurred at Tesoro on April 2, 2010.  L&I concluded that the explosion was located in the refinery’s Naphtha Hydrotreater Unit, and occurred as workers were restoring a bank of 40-year-old heat exchangers into service after they had been shut down for maintenance. One of the heat exchangers ruptured, releasing hydrocarbon gas that quickly ignited.  Investigators determined that equipment was never tested in any way that would have indicated the problem.

L&I also found that for years, the exchangers had leaked extremely volatile and flammable vapor and liquid from its connections, particularly when the machinery was being started up or following a shutdown.  The company’s repair efforts, which included very simple clamps, were shockingly inadequate.  When these failed to correct the problem, Tesoro’s workers were forced to disperse the flammable vapors with tubes known as “steam lances” in order to try to prevent ignition. Employees carried out this hazardous work wearing hard hats, gloves, goggles and basic flame-resistant coveralls, which was insufficient protection for the hazards to which they were exposed.

According to the agency’s press release, “L&I inspectors found that Tesoro disregarded a host of workplace safety regulations, continued to operate failing equipment for years, postponed maintenance, inadequately tested for potentially catastrophic damage and failed to adequately protect their workers from significant risk of injury and death.”

Killing seven workers, the Tesoro explosion was the worst industrial tragedy since L&I began enforcing the state’s workplace safety law 37 years ago under the Washington Industrial Safety and Health Act.

Governor Chris Gregoire was among several officials to remark on the workplace accident and tragic loss of lives.  “The loss of seven lives is a tragedy not just for their loved ones but for our entire state. What makes the loss of these lives all the more painful is that these deaths could have been prevented,” she said. “I believe the action L&I is announcing today and the record fine they have assessed against Tesoro sends a clear message that these tragedies are not acceptable.”

Addressing a group of Seattle workers’ compensation attorneys,  Dr. Michael Silverstein—the assistant director of the Division of Occupational Safety and Health—reiterated the Governor’s remarks: “If Tesoro had tested their equipment appropriately and had followed their other safety requirements, we believe that they would have found the cracks that caused this explosion and, either by replacing the equipment or repairing it, prevented this from happening.”

Historically, New Jersey’s maximum workers’ compensation has increased by modest increments on a yearly basis. The decrease slated for 2011 indicates a significant faltering of the state’s economy.  And while there will be a decline in scheduled disability rates, skyrocketing medical costs will continue to go uncapped.  The financial consequences of that disparity remain unclear in a period of declining payrolls and smaller premium collections on workers’ compensation benefits.
2011’s maximum workers’ compensation benefits for temporary disability, permanent partial disability and permanent total disability rates are based upon the States’s Average Weekly Wage (SAWW) for the prior year. Currently, New Jersey allows a maximum benefit of 75 percent of the state’s average weekly wage.

Maximum workers’ compensation benefit rates in New Jersey have been regarded as rather low in relation to other states in the U.S., and many workers’ compensation attorneys and workers’ rights advocates have purchased for a higher adjustment.

The new payment schedules will apply to workers who suffer on the job injuries and deaths in 2011.

In a conference announcing the proposed penalties, Secretary of Labor Hilda L. Solis stated that “Accurate workplace injury and illness records are vital tools for identifying hazards and protecting workers’ health and safety. Workers and employers need this information to recognize patterns of injuries and illnesses, and prevent future hazards.”

OSHA’s investigation of Goodman Manufacturing began in March 2010 after the agency received a series of complaints that Goodman had violated OSHA’s regulations by systematically failing to properly document workplace injuries and occupational illnesses. The investigation determined that from January 2008 to March 2010, the company had inaccurately recorded—or simply declined to document altogether—nearly 75 percent of employee injuries and illnesses on its premises.

Workers and regulators have commented that Goodman is highly knowledgeable of OSHA’s recordkeeping procedures, but nevertheless persisted in the decisions and actions resulting in the alleged violations.  Critical information pertaining to the degree and duration of its workers’ injuries and illnesses have been inaccurately documented, including the duration of their time off the job.  Such figures are vital to properly handling and treating injured workers in a workers’ compensation claim.

As OSHA’s Assistant Secretary of Labor, Dr. David Michaels explains, “OSHA takes these violations extremely seriously. We need accurate data to effectively target inspections and resources, and to measure the impact of OSHA’s actions on workplace safety. Employers and workers need to understand how important accurate data are to workplace safety and health.”

According to OSHA regulations, the definition of a willful violation is one that is committed with gross indifference to or intentional neglect for a worker’s safety and health.
Goodman Manufacturing was given 15 business days after the citations were issued to comply with OSHA’s protocol and request a consultation with the agency’s Houston director.  Goodman can also contest the citations with the independent Occupational Safety and Health Review Commission.

OSHA recently implemented a National Emphasis Program on Recordkeeping to evaluate the accuracy of employer documentation of worker injury and illness.

All workers are urged to immediately report accidents, fatalities or dangerous workplace conditions to OSHA’s toll-free hotline at 800-321-6742. 
 Injured workers should also consult a Washington Workers’ Compensation Lawyer at Emery Reddy.

As Dr. David Michaels (Assistant Secretary of Labor for OSHA) explains, “When workers believe their employers are violating certain laws or government regulations, they have the right to file a complaint and should not fear retaliation. Silenced workers are not safe workers.”  Therefore, as Michaels concludes, “Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating the law and cutting corners on a variety of safety, health and security concerns in the affected industries.”

OSHA’s new regulations cover workers with complaints across a range of industries, including railroad, public transit, commercial motor carrier and consumer product industries; in addition, they also establish more consistency among the agency’s complaint procedures. OSHA’s interim final rules create both procedures and timelines for processing complaints under the whistleblower sections of the Consumer Product Safety Improvement Act of 2008.

OSHA implements the whistleblower requirements of the OSH Act and 18 other statutes that protect workers who report breaches of airline, railroad, environmental, public transportation, securities, commercial motor carrier, pipeline, nuclear power, and health care reform laws. Details on these new statutes will be available to the public at http://www.whistleblowers.gov.

The Occupational Safety and Health Act of 1970 declared that state and private employers are responsible for ensuring safe workplaces for their employees. On behalf of American workers, OSHA assumed the role of overseeing these conditions and ensuring compliance by establishing and enforcing standards throughout the American workplace. In addition, it makes education, training, and assistance available to both employers and workers to support that objective.

If you are in need of a workers’ compensation attorney in Seattle or Washington, please contact an attorney at Emery Reddy today.

The default rate among self-insured group trusts has produced an alarming level of assessments on small businesses throughout the country. Workers’ compensation boards in states like New York are increasingly deliberating “safety programs” that would lower workers’ compensation costs.

Certain critics—notably the insurance industry itself—have long argued that the injury benefits awarded by state workers’ compensation boards are overinflated, and do not accurately reflect the true costs of a given injury.

While cases of fraud and “presumptions” are significant factors, many claim that the inability of workers’ compensation boards to objectively assess and quantify disability is a much greater problem. For years, many WCBs have not had a working definition of levels of disability or percentage-based schedules of loss. These boards have used arbitrary and every-changing criteria to calculate hundreds of millions of dollars’ worth of permanent damages benefits. On top of this there have been the massive cost of trials and testimonies to calculate what WCBs claimed had no definition in the first place.

At the present moment, workers’ compensation boards across the nation are once again involved in debates over the creation and use of more standardized, objective guidelines to evaluate disability. Yet for generations, the workers compensation system has carried on profitably by not having such standards. In short, disputes have been resolved by an arrangement in which worker’s compensation attorneys and insurers must engage in expensive and inefficient disputes until both sides are worn down and settle for a number around 50%, giving the misleading impression of a fair and reasonable outcome.

According to Seattle Workers’ Compensation Attorney Theodore Ronca, this state of affairs has come about through the unique history of workers comp boards.  In New York State, for example, the board has employed a medical advisor since its very first days. The initial advisors established guidelines that were widely accepted and implemented, until they eventually came to be considered obsolete in the 1950s.  After that point, the New York State workers’ compensation board had no working guidelines, and attempts to create new criteria came to a state of deadlock through stubborn opposition on all sides.

The New York Workers’ Compensation Board continued to operate (unofficially) with the older guidelines, and then later with no criteria at all for the next forty years. Responding to pressure in the 1990s, it produced new written guideline for workers’ compensation benefits, but failed to make these binding.  In practice, they were generally ignored when negotiating workers’ compensation claims.

This, of course, raises the question as to whether guidelines would automatically solve anything. As Ronca points out, “unless the guideline can be tested to determine if it can measure what it purports to measure it remains a blank yardstick masquerading as a set of calipers.”  Calculations of workers’ compensation disability, ultimately, result in the final settlements of injury claims, some that currently stand above $200,000 (and rising).  Whether these numbers are too high or too low is a question for which many workers’ compensation boards still have no satisfactory answer.

I-1082 would allow private insurers to offer workers’ compensation coverage in competition with the current public system, giving yet another lucrative handout to the taxpayer-bailed-out insurance industry.  After receiving billions of taxpayer dollars over the past few years, firms like AIG (the world’s largest workers’ compensation insurer) are now attempting to undermine Washington’s non-profit public system — a system that “is statutorily required to keep costs down,” says Nicholas Corning, former President of the Washington State Association for Justice. If the private insurance industry is successful, I-1082 will leave Washington businesses “to deal with out-of-state corporations [who are] only concerned about siphoning profits into their Wall Street war chests.”  And state employers can expect a costly outcome from this transfer; as Corning points out, the existing state-run workers’ compensation program, L&I, operates with only 18% administrative costs; the private industry average, on the other hand, is 68%.

Opposition to I-1082

Small business owners and community leaders feel that privatization would prove highly unfavorable to businesses, employees and taxpayers, and have organized opposition groups to I-1082.  The campaign No on I-1082 maintains that the highest priority of our existing public system is to ensure that injured workers receive the medical care and job retraining they need.  For-profit insurers are not likely to share this priority.  According to the opposition group’s communications director, Adrianne Williams, “Handing our public, non-profit system over to the private insurance industry is mostly [designed] to generate profits for the industry and less about getting injured workers back to work.”  Other prominent groups opposing I-1082 include the Washington State Labor Council AFL-CIO, the Washington State Association for Justice, and Democratic Underground,

Many Washington businesses are also concerned about the higher insurance premiums they can expect if 1082 passes.  Alex Fryer, the spokesman of “No on I-1082,” argues that private insurance companies will end up “cherry-picking businesses that have low claims, forcing the remaining higher-risk businesses to pay higher premiums under the state plan.”  To underscore the consequences of moving away from a non-profit workers’ compensation plan, he cites figures on states that have adopted a private insurance option, some of which experienced a 200 percent premium increase.

In addition, I-1082 proposes to abolish the existing state mandate requiring employees to pay a portion of the state’s premium costs, shifting the entire financial burden to employers.  Analysts predict that this would cause small business owners’ annual costs to go up by 25 percent.

I-1082 would have an unfavorable outcome for workers as well, eliminating any transparency from the claims management process.  Under the present Washington State workers’ compensation system, L&I is required to come to a final decision regarding treatment of a worker’s injury or illness, and must notify all parties of that decision.  If L&I does not comply with these obligations, it can be compelled to do so by a writ of mandamus.  But I-1082 includes a provision stating that insurers do not have to notify anyone if a claim is rejected; in fact, the workers’ compensation insurer would never have to come to a decision on an injury claim at all.  This puts the insurance companies at a tremendous advantage, allowing them to protect their profit margins by denying or delaying claims indefinitely, without ever facing the threat of enforcement.  Not only would this potentially prevent workers from returning to their jobs; it would also make it extremely difficult for employers to verify whether an employee is able to work.

Critics of the initiative are also alarmed that I-1082 would leave the insurance industry unregulated and free of L&I oversight.  Private insurers would be allowed to set their own rates with no approval from the Washington State Insurance Commissioner. Equally troubling is the fact that I-1082 would abolish the Insurance Guaranty Act, leaving Washington businesses and employees vulnerable to insurer insolvency.  Currently, all lines of private insurance in the state are protected against fraud or bankruptcy by the Insurance Guaranty Act.  But with that regulation removed, an insurance company could collect workers’ compensation premiums and then fail to pay benefits due to insolvency.  Because of these reasons, Washington Insurance Commissioner Mike Kreidler and State Auditor Brian Sonntag both oppose I-1082.

Ultimately, I-1082 would establish an unregulated and largely independent playing field for private insurers to reap profits by squeezing Washington businesses and undermining worker safety.  Before voters cast their ballots in November, they should be aware that I-1082’s success would be a huge win for special interests, and a loss for the wellbeing of small businesses and injured workers.

Read more about I-1082:

• The Stranger, “Building a Better Cash Cow”
• Teamsters Oppose I-1082
• Vote No On 1082