Many Workers Put at Risk after Hurricane Sandy

After Hurricane Sandy, many construction workers rushed to work trying to repair and restore torn and ruined homes. Unfortunately, many of these workers faced serious injury due to unsafe work environments. After the hurricane, many contractors ignored safety rules and put workers at risk in order to speedily get the job done.

A news investigation found that numerous construction employees worked in dangerous conditions that led to either serious injury or even death. Workers suffered severe wounds from accidents such as:

•          Falling from roofs without protection
•          Being shocked by exposed wires
•          Being injured from chemicals

Federal inspectors found a number of unsafe job conditions in New York City, Long Island, and New Jersey. According to the Occupational Safety and Health Administration records, there were 3,100 instances of unsafe job conditions, causing inspectors to remove more than 7,000 workers from hazardous conditions.

While the administration found a number of worker violations, most contractors were not punished and just suffered minimal fines. This lack of punishment is reckless considering that two workers died from dangerous work conditions during cleanup. One worker died from falling off a ladder, which should have been supervised. Another worker was splashed in the face with battery acid when he should have been wearing goggles.

Workers Rights and Safe Work Environments

According to OSHA, employers (and contractors in this situation) should harbor safe work environments for employees. Regardless of whether or not the houses need to be rebuilt quickly, employers are responsible for protecting their workers and requiring them to perform proper practices in order to be safe. When employers act irresponsibly, workers can and may injure themselves. In some cases, like the event described above, workers can die from unsafe work conditions.

Worker’s Compensation Attorney

If you or a family member were recently injured while at work, you should contact a workers’ compensation attorney. All employers should maintain a safe work environment prevent injuries from occurring. Contact a workers’ compensation attorney as they may be able to win you a substantial settlement for your physical pain and financial loss. 

Can Workers Recover Work Injury Claims due to Preexisting Conditions

When it comes to claiming disability or work injury, often there is debate over whether an event in the workplace truly caused this disability or whether it could be attributed to a preexisting condition.  Many employees are under the misunderstanding that no matter what happens on site, their employer is responsible, sometimes to the tune of millions should they claim an inability to work.  However, often times, despite doctors' assessment to the contrary, courts will find that a preexisting condition was to blame for a disability. 

In Massachusetts, this was put to the test recently in one worker's work injury claim.  While the doctor held that a worker's preexisting degenerative spine disease was responsible for 40% of his disability, and a work injury was responsible for 60%.

Massachusetts state law says that a preexisting condition such as this case need not have to be over 50% to be a major cause of the disability, and so the employer lost their appeal of the case.  But it does go to show how employers will be looking at your work injury and where they may be able to try and use the law to avoid paying for your work injury.

Are You at Risk for Work Injury?

When it comes to a work injury, often preexisting conditions make employees fragile to the pressures, strains, and accidents associated with working in labor intensive jobs.  Over time, a person could just be worn down and experience a work injury.  This could include the following kinds of work injuries:

• repetitive strains
• heart attack or stroke due to lifting objects that are too heavy
• broken bones
• degenerated discs and back and spinal cord injuries
• neck injuries

There are many instances in which an already fragile employee might experience a work injury that causes them to suffer a disabling work injury. If you have experienced such a work injury, you should contact a skilled work injury attorney today to obtain the compensation you need.  Don't delay your relief.  Call a skilled work injury attorney today.

Preventing Work Injury Could Save TaxPayers $39 Billion Says Study

Work injuries are a huge concern for employees, but particularly for those whose jobs involve intensive labor.  But did you know that we the tax payers also bear the brunt of costs from work injuries?  According to George Washington University School of Public Health and Health Services, work injuries cost us $39 billion per year.  

Often, when people read these staggering totals, they rush to pin blame on insurance companies, attorneys, regulators, but the real problem is two fold: fraudulent workers' compensation injury claims and unsafe working conditions.

Ways in Which a Work Injury Can Be Prevented

When it comes to work injuries, often the first line of defense is to have a thriving and active safety program.  Studies show that workplaces which take the time to implement strong safety measures and time to teach their employees these safety guidelines often can enjoy better safety records and happier employees.  The following are great steps forward towards preventing work injuries:

• strong safety program
• refresher courses and brown bag lunches with insurance representatives
• safety signs that are clear 
• safety equipment
• a congenial system where others watch out after another
• procedures in place to ensure every safety precaution is met 
• regular safety inspections
• regular testing and monitoring of employees
• taking breaks from repetitive and potentially stressful movements
• managing stress, getting enough sleep and nutrition
• increased sense of agency and input on the job
• removal of any harmful or toxic substances in the work environment
• provide medical exams for employees who may be at risk

If you have suffered a work injury, you should immediately report the injury to your work place.  You should also seek medical attention and call a skilled work injury lawyer. By calling a work injury lawyer today, you can ensure you have someone fighting on your side for the compensation you deserve.

Common Workers' Compensation Mistakes Employers Make that Could Risk Injury to Employees

In the debates over California Workers' Compensation reforms, one of the central arguments was how the state can help to lower the costs of Workers' Compensation for employers.  Hotly debated during the proposed legislation, many advocates advised legislators that with increased agency on the end of employers, these costs could be lowered significantly.  

Workers' Compensation funds were initially put in place to help injured workers and to protect businesses from large lawsuits that could drive them out of business.  Because the health of businesses is critical to state economies, a fund was put in place to provide relief to these injured workers and to allow businesses to refer their employees to this form of relief, abdicating legal responsibility on their end. 

With increased attention to these common mistakes, employers can help reduce rising Workers' Compensation costs and provide a safer environment for their employees. 

Common Workers Compensation Mistakes Employers Make

Many businesses experience rising Workers' Compensation premium costs due to these common mistakes:

• lack of an adequate safety program
• lack of adequate enforcement of said safety program
• hiring unskilled workers
• believing they can skirt Workers' Compensation requirements by forcing employees into contractor roles

These common mistakes can not only contribute to rising Workers' Compensation premiums, but they can also increase work accidents.  When workers are underskilled, inadequately trained, or unaware of safety procedures altogether, this can lead to work injuries that could be traumatic.

The Risk of Injury to Employees

Employees without an adequate safety program could be at risk for a variety of work injuries, including the following:

• concussions, head injuries
• back and neck injuries
• spinal cord injuries
• burns 
• heart attacks, strokes
• death

If you are unaware of a safety program at your work, you should talk to your supervisor to familiarize yourself with the safety procedures.  If you have been injured at work, you should not only obtain the medical care you need, but you should also call a skilled work injury attorney in order to protect your rights.  A skilled work injury attorney may be able to maximize your compensation and prevent the insurance companies from potentially rejecting your claims. 

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.

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. 

The Hidden Cost of the Flu: Costly Workplace Accidents

This flu season has already claimed the lives of 20 children.  Hospitals are overcrowded with patients seeking treatment and are turning people away in droves. The media has dubbed this an epidemic, encouraging people to get vaccinated, especially if they happen to be in a high risk group.  But what of the hidden costs to business, the workplace injuries that are the result of workers who are weak, who trudge to work because they can't afford to stay home and rest?  These workers are not dying of the flu.  But they could be at risk for traumatic injuries as a result of their flu.  They could be putting other coworkers at risk for traumatic injuries as the result of careless mistakes and negligent behavior. 

Being Sick Can Cause Workplace Injuries

The Centers for Disease Control and Prevention estimates that flu season costs businesses an estimated $10.4 billion in direct healthcare costs each year.  But that does not take into account lingering injuries as a result of accidents on the job.  

Workplace accidents are sometimes unavoidable realities.  Despite a worker's intention to pay attention and to carefully perform their job, sometimes accidents can happen.  When workers are sick with the flu, they can make careless mistakes because their mind and body are tired, or because they may be under the influence of a drowsy antihistamine or other medication. These accidents can cause the following injuries to workers:

• traumatic brain injury
• spinal cord injury
• back and neck injury
• knee injuries
• broken bones
• soft tissue damage
• concussions
• hearing loss
• blindness
• severed limbs
• paraplegia
• quadriplegia
• amputation
• death

According to the American Journal of Public Health, 1 in 3 American workers does not have paid sick days available.  This lack of sick days causes workers to go to work, whether they are sick, tired, stressed, and other conditions.  These people often cannot afford to take a day off because they are sick and this may cause an accident.  

If You've Suffered a Workplace Accident

All businesses are required to have Worker's Compensation insurance, which protects companies from being sued by the worker for their injuries.  Instead, the state maintains a worker's compensation fund that is intended to provide for employees' injuries. If you have suffered a workplace accident, you have rights.  And you may be able to collect compensation for your injuries.  You should seek out the advice of a skilled worker's compensation and personal injury attorney to help you navigate the complicated system of collecting worker's compensation for your injuries.  If you attempt to file the paperwork and collect on your own, there's a very real possibility that you can be denied money you desperately need for medical bills, or that you could receive pennies on the dollar for your injuries.  Call a skilled worker's compensation attorney today for the help you deserve. 

Study: California 3rd Highest Worker's Compensation Rates

I've long heard that doing business in California is tough.  In addition to shaky fiscal opportunities, it appears California employers also enjoy the 3rd highest worker's compensation rates.

In a recent study by the Oregon Department of Consumer and Business Services, California was ranked 3rd with 155% of the study median of $1.88 per $100 in payroll.  This means California employers paid $2.92 per $100 in payroll in 2012 compared to states such as North Dakota, who paid $1.01 per $100 in payroll.

California's recent worker's compensation overhaul was aimed at cutting these costs for both employers and to the state, but it remains to be seen whether these cuts will undermine employee benefits.  Oregon's Department of Consumer and Business Services claims that its own cuts to the worker's compensation system is a model for lowering costs to both employers and reducing accident claims.  As California impliments its own worker's compensation changes, these statistics may drop significantly.  And let's hope that coverage for injured employees doesn't follow suit.

Gov. Brown Vetoes California “Domestic Workers Bill of Rights”

Gov. Brown Vetoes California Bill AB889 “Domestic Workers Bill of Rights”

If you were worrying whether you’d have to start hiring two babysitters to provide for meal breaks, you can rest easier.  The controversial AB889 was vetoed by Jerry Brown for being both “impractical at best and dangerous at worst.” 

AB889, the so called “Domestic Workers Bill of Rights” was California’s attempt to “protect” domestic care givers by increasing their pay, easing workers compensation requirements, and defining standards for meal periods and breaks.  However, the bill was written very broadly with ill- defined standards of application. When the Chamber of Commerce and businesses that provide caregivers oppose the bill, you know there are some inherent problems with it.

In a statement to the press, Governor Brown called this bill a “noble endeavor,” focused on people who deserved fair pay and equal treatment.  However, it also “raises a lot of unanswered questions.” 

What Would AB889 Have Changed

·         Caregivers would be required to have 10 minute breaks every 2 hours and a meal period to rest- many opponents argue this could have dangerous consequences for invalids and minor children under someone’s care

·         Employers/ parents would have to pay with itemized pay stubs

·         Pay would have to increase to $8/ hr plus overtime, potentially even when hiring a babysitter

·         Employers/ parents would have to supply copies of the Labor Code to caregivers

·         Provide equal access to Worker’s Compensation, eliminating the need to earn $100 in the 90 days prior to an accident

 

How Workers Compensation Would Have Been Affected

 

The so called Domestic Workers’ Bill of Rights would have increased worker’s compensation costs significantly.  But it also would have provided fair access to Worker’s Compensation benefits.  Previously, the law required a caregiver work at least 52 hours and earn over $100 in the previous 90 days to gain access to Worker’s Compensation benefits.  This would have excluded a babysitter who slips and falls during that night out you hired her for. 

 

New York passed similar legislation, but it appears California just isn’t ready for broader sweeping worker’s compensation reform after their recent system overhaul. We’ll have to watch and see if there are more changes down the road.

 

Domestic Workers Bill of Rights Act Passes

On August 29, the California Senate passed AB 889, the Domestic Workers Bill of Rights Act which expanded benefits for nannies, child care providers, caregivers and housekeepers.  This bill allowed for an increase in benefits including workers compensation benefits, overtime, and meal breaks.  

The bill is controversial because of some of the more egregious demands it places on parents who hire nannies, babysitters, and caregivers.  These include the requirement to pay caregivers with itemized pay stubs, to provide 10- minute breaks every 2 hours and ½ hour meal breaks every 5 hours, to pay the State minimum of $8/ hr plus overtime, and more.  

Parents must also provide caregivers with a written copy of the Labor Code.  Parents who willingly violate any of these can be held liable for attorney’s fees, a $750 fine, and more.  Opponents of the bill state that this is the result of California’s desire to become a “nanny state.”  

The applicability of this law is only to care givers over the age of 18 and who aren’t family members.  Therefore, you can keep hiring the teenager next door for $4 an hour but the second she turns 18, you’ll have to provide her with minimum wage plus overtime and accounting forms.

The bill was introduced in order to protect the many immigrants currently holding these positions.  However, it does seem that it’s got some impractical parts to it.  How do caregivers take a break when they’re watching children? Will parents be forced to obtain worker’s compensation insurance?  

Do you hire two babysitters to ensure the breaks are being taken properly? Do you keep a stack of the labor code by the door to provide your babysitter? 

This bill produces more questions than it answers.

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.

Rights of Injured Workers

Thousands are in injured at work in California. The California Workers Compensation Appeals Board was created for the rights of injured workers. In California if you are injured at work you may be entitled to a monetary compensation due to a work related injury.

 njuries happen at any given time at workplace, therefore the employer has the duty to provide medical treatment to an injured worker. Employers have to maintain the workplace a safe place for their employees to prevent work injuries.
 
You need to know your work injury rights as soon as you get injured at work. Rights for injured workers can be from a slip and fall to a death due to a work injury. Work injury rights include medical treatment and compensation for permanent disability that this injury has caused. Medical treatment will be necessary for the injured worker, to recover and be able to return to work.

 Your will need someone to be on your side to fight for your work injury rights. A California Workers’ Compensation Attorney will represent you and fight for your work injury rights. Contact us today for free consultation, we will gladly answer any questions and or doubts your may have about work related injuries.

Workers Comp Benefits

In the state of California is against the law to run a business without Workers Compensation Insurance.  Employers have the duty to provide an injured worker medical treatment for any work related injury. If you or a love one have been injured at work and have no medical insurance to seek medical treatment and your employer is not helping; you will need of an attorney for your workers compensation claim.

Under workers compensation an injured worker who has suffered any wrongful death, physical injury, and psychological stress is entitled to any permanent disability compensation.

If you have suffered an injury at work you may be entitled to the benefits below:

·         Temporally Disability benefits up to 104 weeks (if unable to work)

·         Medical treatment (at no cost to the injured worker)

·         Permanent Disability

·         Voucher (if qualified for retraining)

·         Future Medical treatment

An injured worker wants to pursue and get their worker compensation benefits as soon as possible, since they are deadlines to meet and WOKERS COMPENSATION ATTORNEY can help with those deadlines. Insurance has 90 days to accept or deny a claim. Our attorney will deal with the LEGAL portion of your workers compensation claim; while you focus on recovering from your injuries.

We will work hard to get the maximum workers compensation benefits for the injured. We will not charge any upfront fees. If we can’t get you any monetary compensation; you don’t have to pay for our fees.  

Our office has helped thousands of injured workers with their workers compensation claim and recovered the maximum benefits they are entitled to.  DON’T let the insurance adjusters take advantage or cheat you from getting your benefits. You need someone on your side. Protect all your legal rights, have an EXPERIENCE Workers Compensation attorney help you with this journey.

Call our for a TOLL FREE CONSULTATION at 800-908-8124.