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.

New Mexico Debating Closing Work Injury Loophole that Allows Inebriated Workers Compensation

If you're working in New Mexico, you should be afraid.  If one of your coworkers is drunk, high, or stoned, they could injure you as well as themselves. And the state workers' compensation system will still pay them for this work injury, driving up the costs for businesses and potentially making it harder for these employers to hire new workers. 

But how could this be? If a worker was drunk, stoned, or high on the job, isn't this the result of their own negligent behavior? To date, workers' compensation boards in New Mexico are not allowed to dismiss work injury claims because a worker is under the influence. Currently, the state is working on closing that loophole with House Bill 139, which inserts language to deny work injury claims based upon being under the influence.  However, the bill has stalled in the House.  

What's the Cost of Under the Influence Work Injury Claims?

You may think to yourself, what's the harm in paying these workers for their injury when they're under the influence?  Tax payers foot this bill and pay into the workers' compensation system. If you hold a job, you are paying for an employee to drink or get high on the job and endanger the lives of others. 

In one case, a city sanitation worker fell out of his garbage truck, injuring his head.  Hours later, a drug test revealed he had a blood alcohol level of .12, well over the legal limit of .08 which qualified him as driving under the influence.  However, he was still awarded workers' compensation for his work injury claim.  This cost New Mexico taxpayers approximately $90,000. 

Abuses of the workers' compensation fund hurt us all.  These abuses leave less money for people who have suffered devastating work injuries and truly need the help.  And it costs not only taxpayers money, but depletes government coffers in a time when money is tight. Additionally, it casts a negative light on work injury attorneys and insurance workers. 

We will continue to follow the path that House Bill 139 is taking, anticipating the eventual closure of this loophole. If you've been injured on the job, seek medical attention and a skilled work injury attorney to protect your rights.