Employee Dies First Day on Job Due to Inattention to Safety Programs

When people complain about having a rough first day on the job, perhaps they should keep in mind the heartbreaking case of Lawrence Daquan "Day" Davis.  On this 21 year old's first day on the job at the Bacardi bottling plant in Jacksonville, FL, Mr. Davis was killed by a palletizing machine. When it comes to potential work injuries you could experience on your first day, this was probably not the injury that the bottling plant expected. Unfortunately, this untrained temporary worker was not the first temporary worker to find his first day on a new job to be his last. 

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Bacardi for numerous alleged safety allegations which they feel contributed to this temporary worker's death.  But they have also cited many manufacturers for similar incidents. It is the duty of these employers to provide safe working environments and to take steps to prevent work injuries. 

According to OSHA, there are mandatory guidelines in place which require businesses to train its employees effectively to prevent work injuries.  In addition to this training, there are multiple safety measures that employees are required to both be aware of and to use to prevent work injuries.  In this instance, these safety measures were not used.  As Mr. Davis was cleaning glass from beneath the palletizer, another employee started the machine, killing him.  Had safety measures such as lock outs been used by Bacardi's employees, this death could have been prevented and Mr. Davis would not have had his last first day on the job. 

Fatal Work Injuries Can Be Prevented

According to OSHA, fatalities and work injuries are often the result of lack of training or lack of appropriate attention.  When it comes to jobs in machine shops, manufacturing environments and construction sites, workers can be severely injured and even die if appropriate safety guidelines are not followed.  

This can include the following kinds of work injuries:

• back, neck, spinal cord injuries
• amputation
• burns
• traumatic brain injury
• heart attack, stroke
• paralysis, quadriplegia
• death

These severe injuries could be avoided if employers take caution to instill work injury prevention programs.  If you are an employee in an environment which utilizes heavy machinery, you should be trained appropriately on the machines and on safety guidelines.  If you  have been injured on the job due to inattention to worker safety, you could be entitled to compensation for your work injury.  You should contact a skilled work injury attorney to discuss your case in depth.

Don't Let Chatter of Rising Work Injury Costs Dissuade You From Filing a Claim

Following the overhaul of California's Workers' Compensation system, there was a lot of chatter in the press about the rising costs of workers' compensation claims.  In many inaccurate stories, people pointed to workers' compensation attorneys as a reason why injury claim costs were skyrocketing as of late.  However, when you look at the costs of filing a work injury claim, the expense is generally spread across a number of important factors that determine whether an injured employee may be able to collect on a work injury claim.

Reasons for Rising Costs of Work Injury Claims

When it comes to work injury claims, costs are sometimes egregious.  There is a stereotype that if it weren't for the lawyers, claimants would be less expensive and therefore get more money.  However, this is simply untrue.  Soaring work injury claim costs come from a variety of different factors, including:

• The high price of medical care.  As medical costs increase, work injury claims increase in costs due to required care.
• Judicial oversight of a work injury claim.  When judges get more involved in the work injury claim, often they will schedule more status meetings, want to send the work injury claimant to the doctor more, and oversee the progress of such a claim.  This can help drive costs up significantly.
• Reduced staffing sizes, contributing to less attention per work injury claim and increased costs per claim.

How this Affects Employees Injured at Work

If you have been injured at work, you could be afraid to file a work injury claim due to this kind of chatter.  Out of fear of losing their job, many employees attempt to just grin and bear it.  However, this could be extremely damaging to the employee, exacerbating a medical condition and contributing to an inability to work.  

Additionally, employees injured at work could feel pressured to just file a work injury claim themselves without adequate representation.  In many of these cases, these unrepresented employees get their claims denied.  If you're suffering from a work injury, the last thing you want to do is go up against an insurance company yourself and then walk away with nothing.  This could be devastating to not only your health, but to your financial health. 

If you've suffered a work injury, it's important that you seek out legal help to obtain the best possible results.  Call a skilled work injury lawyer today to obtain the help you need.

2013 Workers Compensation Changes Due to Offer Relief to Injured Workers

Following landmark legislation changes to California's workers' compensation system, 2013 will mark the year that lowered employers' costs and increased coverage to workers injured on the job. When these changes take effect, over $700 million in increased benefits will be offered to injured employees and over $1 billion in reductions will be offered to employers.  These changes are likely to occur during the summer of 2013, a welcome relief to employers and injured employees alike.

Workers Compensation is Intended to Offer Relief to Injured Employees

When a worker has been injured on the job, states have a fund reserved to offer compensation to these workers. Often, injuries prevent someone from going back to work and risk an employee's livelihood.  The benefits workers' compensation funds offer are intended to provide for the medical bills that can pile up and bills that often accrue when an employee is out of work.

But in practice, often injured employees find the system hard to navigate.  This is why injured workers are encouraged to call a skilled work injury lawyer.  Injuries can compound over time and pain can be hard to articulate.  Injured workers may feel the pressure to go back to work prematurely or may find their workplace unsympathetic to their work injury.  When your livelihood is at risk, where do you turn?  Call a skilled work injury attorney to help you obtain the best possible care and to obtain the best possible outcome from your work injury. 

The landmark changes to California's workers' compensation funds are due to provide more relief for employees with long term injuries requiring extensive care.  Previously, funds had been somewhat limited and are due to increase to offer more relief to injured workers. 

What Kinds of Work Injuries Qualify for Compensation

Often employees are concerned whether their injuries are severe enough to warrant financial help.  Depending upon your unique injuries and circumstances, you may be entitled to a large settlement.  Often, injured workers have suffered the following:

• slips and falls 
• construction injuries
• severed limbs
• toxic chemical exposure
• head injuries
• back and spinal cord injuries
• heart attack, stroke
• death

Your injury could seemingly feel minor, but your pain could worsen and the quality of your life could deteriorate.  You should seek the help that you need and protect your legal rights.  Call a skilled work injury lawyer today. 

California Overhauls Workers Compensation Law

On Tuesday, September 18, 2012, CA Governor Jerry Brown signed SB863, the new Worker’s Compensation legislation which significantly reformed California’s Workers’ Compensation Law.  The law, which was passed in California’s legislature last month, was passed by a wide majority.  However, attorneys across the State of California are wondering if the changes are as positive as the State would like everyone to believe. 

The new law has multiple elements including a reduction in insurance premium costs to employers and an increase in payouts to permanently disabled workers injured on the job.  It also amends the law to remove coverage for conditions such as insomnia, sexual dysfunction, and mental health issues unless they are directly related to workplace injuries. 

With cooperation from state labor unions, Governor Jerry Brown discussed substantial revisions to a system plagued by heavy insurance costs, costly litigation, and rising insurance premiums.  The group’s primary goal was to increase permanent disability benefits without raising insurance premiums, which might prove too great a strain to the thousands of small businesses in California.

A recent study out of the University of California at Berkeley found that over the past 8 years, the average benefits paid to workers with permanent disabilities has fallen sharply from $25,000 to $12,000.  The 30% increase in benefits that the revision guarantees is a far cry from the costs that many of these permanently disabled individuals need to live on.  California attorneys argue that the $750 million trust fund the law establishes is not enough and that disabled employees should be entitled to more benefits.

The reduction in coverage remains another troubling element of the new law.  Mental anxiety and depression are severely traumatic problems that many workers experience after a traumatic workplace accident.  And these problems can bleed over into other areas of a person’s life so they experience symptoms that are seemingly unrelated. Many California attorneys argue that this is discrimination against employees who lost their benefits due to a badly crafted law.

The main benefit that Brown’s office touts is a statewide reduction in premiums.  Governor Brown’s office estimates that over the past 2 years, Workers’ Compensation costs have risen significantly from $14.8 billion to $19 billion.  The office estimates that these costs were on track to continue to rise. Under the new law, businesses could save a total of $1 billion next year due to lower premiums. For businesses already feeling the pinch in this economy, these savings are a welcome relief. As an employer, the State of California anticipates a savings of over $40 million a year in insurance premiums with another $170 million in savings to local governments.

Said Governor Brown, “These significant reforms save hundreds of millions of dollars for California’s employers while preventing an imminent crisis of skyrocketing rates that would have hurt both injured workers and businesses.” 

Are these changes really the benefits that Governor Brown wants us to believe they are?

WORKERS COMPENSATION: AN OVERVIEW

Every place of employment should be covered by workers' compensation. Workers compensation helps cover the costs of medical bills and damages if an employee is injured on the job.

If you've suffered a work-related accident, you may be eligible to file a claim. Contact an experienced workers' compensation attorney to discuss your case.

What injuries are covered?

Works’ compensation covers a variety of injuries. If you were involved in an accident at work and suffered complications as a result, you should be able to claim workers' compensation. Work-related injuries include those that require immediate attention, but the term also encompasses those types of injuries that develop over a period of time.

Some of these injuries include: 

• Physical stress 
• Carpel tunnel syndrome   
• Leg problems
• Heart disease
• Stress
• Hypertension
• Lung damage due to toxic vapors and chemical exposure
• Spinal cord injury
• Head injury
• Eye injury
• Burn injury
• Amputation
• Brain injury

What to do if you’ve been injured at work

After a work injury, the list of issues may seem infinite. It is always best to seek advice from a work injury attorney to receive maximum compensation for your pain and suffering. You may be eligible for a claim, but you must add quickly before any deadlines pass you buy.

What happens if our insurance company refuses to cover your claim?

Despite that all employers are required to have insurance for their employees, difficulties may arise in any work injury. The complexity of workers’ compensation law makes it difficult to determine if you are eligible.

Nevertheless, it is paramount that you receive fair compensation for your pain and suffering. Contacting a workers’ compensation lawyer will get you the treatment you deserve. 

It is difficult to determine whether or not you are eligible for compensation until you have spoken to an attorney. Make sure to speak to one as soon as possible so that you miss no deadlines and lessen the stress of the ordeal. Call an attorney to discuss your case.

Workplace Accidents

In California is against the law for a business to operate without workers compensation insurance. In the 1900s states passed workers compensation laws that prevented employees suing their employer for workplace accidents. These laws were passed to help protect the employees, nevertheless some are protecting the employer. The California Workers Compensation system will look after the employee to get monetary compensation to the injured worker for any permanent injury and or permanent disability.

It’s a given, that at any time an employee will get injured at the workplace. Employers need to provide their employees a safe workplace to prevent workplace accidents. Workplace accidents need to reported immediately to your employer. Employers, thru their workers compensation insurance will provide medical treatment for the injured worker.

Regardless of severity of the work injury, you will need someone on your side.  Understanding legal/medical terms will be a challenge, our workplace injury attorneys are specially trained and will be able to make this tragic situation easier for the injured worker.   Has your employer deny medical treatment? Don’t let this stop you from pursuing your rights to medical treatment for a workplace accident. Contact our office to have a specialized workplace injury attorney/lawyer help your thru hard times like these.