Tag Archive for workers compensation attorney seattle

Jennifer Atkinson | January 17, 2012
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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.”

Category: Department of Labor and Industries, L&I, Worker Injury, Workplace Accident, Workplace Safety | Tags: , , , ,
Jennifer Atkinson | December 28, 2011
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Department of Labor Sets New Goal to Improve Employment for Americans with Disabilities

The U.S. Department of Labor has proposed a historic new rule that could require federal contractors and subcontractors to establish hiring goals that 7 percent of their workforce be people with disabilities. The Office of Federal Contract Compliance Programs is currently soliciting public comment on this proposal, and plans to publish responses in the forthcoming edition of the Federal Register.

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.

Category: Employment Attorney, Employment Discrimination, Worker Rights, workers compensation, workers with disabilities | Tags: , , , , ,
Jennifer Atkinson | July 17, 2011
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Occupational Hearing Loss

Nearly 30 million Americans are exposed to dangerous levels of noise in the workplace, and occupational hearing loss affects large numbers of Washington workers across a variety of workplaces. Sometimes permanent hearing loss occurs all at once from a single, isolated incident (such as a worker being in close proximity to a loud explosion).  More often, though, workers experience gradual and progressive hearing diminishment from repeated exposure to high noise levels in the workplace.

Acoustic trauma can manifest as a loss of hearing range or hearing level, and in more serious cases workers can suffer from severe permanent nerve damage.  Oftentimes a worker will not know they have an impaired ability to detect normal levels of sound until their condition is quite serious and damage is irreversible.

Are you exposed to dangerous levels of noise in your work place?

 A number of factors can cause inner ear damage, such as the pitch, level, and length of exposure to noise. The quality of ear protection like headsets or ear plugs—as well as the consistency of using them—also effects rates of workplace hearing loss. Repeated exposure to only 85 decibels of sound is enough to damage a person’s hearing. This comes as alarming news to many workers, since the average power tool emits about 100 decibels, and 120 decibels of sound is enough to cause permanent hearing loss after only a couple hours of exposure.  A worker without ear protection standing next to someone using a nail gun is bombarded with up to 140-170 decibels – enough noise to result in immediate, permanent inner-ear damage.

If you sometimes need to shout at your worksite in order for another party to hear you, or if you have to strain to hear some standing nearby who’s talking at a normal level, it is likely that noise levels at your job are causing hearing loss.

Common Warning Signs of Occupational Hearing Loss

Workers exposed to intense noise at work should watch for these indications of potential hearing loss:

  • distorted, muted or muffled sounds
  • decreased ability to hear high-pitched sounds
  • roaring or ringing effects in one or both ears
  • trouble understanding others when they are talking at a normal conversational level

 Washington Hearing Loss Attorneys

Hearing loss can impact almost every dimension of someone’s life.  Washington workers whose are experiencing impaired hearing or permanent hearing loss due to occupational noise levels may be entitled to workers’ compensation benefits.  Emery Reddy’s Washington Workers Compensation attorneys have successfully litigated a large number of hearing-related cases for workers with L&I claims and appeals.  Please contact our firm today for a free consultation on your workplace injury.

 

Category: Hearing loss, Worker Injury, workers compensation | Tags: , ,
Jennifer Atkinson | October 21, 2010
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Workplace Injuries Declined in 2009

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.”

Category: Worker Injury, workers compensation, Workplace Accident | Tags: , , , , , ,
Jennifer Atkinson | October 7, 2010
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Worker Awarded Occupational Disease Benefits for Asbestos Exposure

Debates over the latency period for developing asbestos-related lung disease reemerged in a recent case involving a union worker suffering from an occupational disease.  The claimant—a 74 year-old industrial worker employed by the Delaware City Refinery from 1982 to 2007—developed bilateral interstitial fibrosis from asbestos-related lung disease.  His employer is not contesting the diagnosis itself, but instead raising questions about the latency period and the worker’s risk from the “last injurious exposure,” as well as challenging the degree of permanent impairment.  The ruling on this highly complex workers’ compensation case may have significant implications for the guidelines used to determine disability benefits in future workers’ compensation claims involving asbestos exposure.

Under the care of Dr. Orn Eliasson, the worker was diagnosed with a 54% bilateral pulmonary impairment, which Dr. Eliasson determined using the 5th Edition AMA Guide.  Yet a second physician, Dr. Albert Rizzo, also attended to the same patient, and rated a 24% permanency based on the 6th Edition AMA Guide.

During his July 2010 hearing the claimant was no longer working.  His employers maintained that worker safety measures from 1986 should have provided him with adequate protection from asbestos exposure beyond that date—meaning, according to the logic of their argument—that the employee’s disability benefit quotient should have been based on his average weekly wage in 1986 for determining his present disability award.

The worker’s complicated employment history has made it difficult to determine all the factors involved in his asbestos exposure.  He was last employed by Catalytic in 1982.  The worker then moved to Raytheon, where he worked from 1984 until 1997.  After retiring from Raytheon, the claimant took a part-time position with Delaware City Refinery, Raytheon (from 1997 to 1998), and Washington Group (from 2000 to 2001).  The workers also performed services for several other companies for short spells between 2004 and 2007.

In 2008, the worker started to develop acute respiratory symptoms.  It was at this point that Dr. Eliasson initially diagnosed him with asbestos-related lung disease, and designated a 54% bilateral lung impairment rating based on the AMA Guide 5th edition.  Dr. Eliasson testified that there is a 10 to 20 year-latency period for developing asbestosis following exposure, and so in his medical opinion, the worker’s contributory exposure likely occurred between 1982 and 1997.  However, Dr. Albert Rizzo also examined the injured worker, and in a testimony on behalf of the various employers,  he argued that the harmful exposures were “most likely cumulative, making it difficult, if not impossible, to pinpoint when the harm occurred.”   Drawing on the guidelines of the 6th Edition AMA Guide, Dr. Rizzo gave the patient’s bilateral lung impairment a 24% rating.

Ultimately, the Industrial Accident Board deferred to the prevailing doctrine of “the last injurious exposure rule” and upheld Dr. Eliasson’s testimony that the latency period for manifesting asbestos-related disease is 10-20 years.  The Board cited the 1988 case “Lake Forest School District v. DeLong” (WL 77665), arguing that when an injurious exposure is cumulative over the period of successive employment, the final employer is liable for the entire award.  In the case in question, the Board regarded the final year of the claimant’s fulltime employment (which fell between 1996 and 1997) as his last injurious exposure, and disregarded any asbestos exposure from 1997-2007 as outside the latency period.  Under these measures, Raytheon was found liable for the occupational illness.

When it calculated the worker’s award for permanent impairment, the Board declined to base its decision on the 5th Edition AMA Guide, and partially adopted Dr. Rizzo’s rating.  Using the 6th Edition, the Board determined that Dr. Rizzo’s rating corresponded with a Class 3 disability, which falls in the range between 24% to 40% impairment.  Yet the Board found Dr. Rizzo’s rating of 24% “low,” and awarded 30% to each lung.

If you think you may be suffering from asbestos exposure or another work-related injury or illness, please contact a workers’ compensation attorney at Emery Reddy.  We will fight to ensure that you receive the full workers’ compensation benefits to which you are entitled.

Category: workers compensation | Tags: , , , , , , , , , , ,
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