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Iowa Ranks Number One for Workers' Compensation System

Margaret Embry — Mon, 31 Aug 2009 16:57:50 GMT

The 2009 State Report Card for Workers' Compensation was recently released and Iowa ranked Number 1, according to the Des Moines Register. This rank means that the state's system is the most effective system in the nation, as evaluated by the Work-Loss Data Institute in California. The Work-Loss Data Institute uses data provided through the U.S. Occupational Safety and Health Administration to rank states.

The ranking is based on incidence rates, cases missing work, median disability duration, delayed recovery rate and a key condition of low back strain through 2006.

Minnesota was ranked second and also received an A-plus grade. The bottom ranks went to Wyoming, Rhode Island and New York and Illinois received the lowest rank.

Originally posted at InjuryBoard by Margaret Embry

Fewer Workplace Deaths in 2007

Nick Avgerinos — Fri, 05 Sep 2008 10:37:00 GMT

It was encouraging news for workers and companies as the Bureau of Labor Statistics (BLS) recently announced that in 2007, fewer workers were injured on the job. The AP reports that the number of workers killed on the job annually dropped to a historic low in 2007.

While the news of overall fatalities is a positive development, it was unfortunately the case that some areas of labor actually had increased worker deaths. These increases were most dramatic in the record number of workers who died from falls and with respect to the rate of homicides which saw an increase of 13%.

However, across the board, it seems that our nation’s workplaces are getting safer. Both the number of workplace deaths and the rate of fatal injuries were the lowest rates ever reported since such a census began in 1992. Labor secretary Elaine Chao attributes the lower rates as “evidence that the initiatives and programs to protect workers’ safety and health, designed by and implemented in this administration, are indeed working.” (For information about initiatives and programs, see the Occupational Health and Safety Administration (OSHA) website.)

To see the BLS report on workplace deaths, follow this link.

Originally posted at InjuryBoard by Nick Avgerinos

Where Can You Turn When Workers’ Compensation is not Enough?

Nick Avgerinos — Wed, 27 Aug 2008 10:21:00 GMT

If you are injured on the job, there is a section in the Illinois Workers’ Compensation Act called the Exclusive Remedy Provision. It provides that there is no common law or statutory right to recover damages from the employer other than workers’ compensation. A recently published article by the American Association for Justice in their Trial Journal publication, discusses the possibility of a products liability claim within a workers’ compensation case. It advocates, “every workplace accident that involves a product should be reviewed to determine whether there is a potential products liability cause of action.”

What does this mean for an injured worker? If the injury involved a defective product, the worker may have a claim against the manufacturers, distributors, or retailers responsible for their injury. Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.

What can make a company liable for a defective product? First, there could be a design defect. That is, if the product is unreasonably dangerous and technology exists that could be used to make the product safer. Or, there could be a manufacturing defect if the product does not work as it should or is not manufactured as it is intended to be. If the product does not have a sufficient warning about possible dangers, it could also be defective in its ability to protect the product’s user from injury.

In any case, if a worker is injured using a product, a products liability cause of action may be an important action to consider and possibly investigate. The theory behind a products liability claim is that by holding the manufacturers, distributors, or retailers responsible for producing a dangerous and defective product, industry standards will remain high.

Originally posted at InjuryBoard by Nick Avgerinos

Credit or Debit? Workers Comp for the 21st Century

Nick Avgerinos — Tue, 19 Aug 2008 11:12:25 GMT

These days, everything runs on plastic. In fact, that’s our nation’s problem. I’m not going to talk about the woes of our economy or engage in the credit vs. debit debate, though; there is a plethora of other blogs doing just that already. Believe it or not, this all relates to workers’ compensation.

JPMorgan did something interesting recently; it introduced a workers’ comp debit card. No, it’s not something that workers can hold and use at their discretion, whenever they’re feeling a bit sore. Rather, it’s a card that insurance companies can sign-up for in order to streamline payment processing for injured workers once a claim has been filed and acknowledged. JPMorgan is the first major financial institution to enable insurance companies to use prepaid debit cards to deliver workers compensation benefits to injured or disabled workers.

Beyond its benefit of reducing the paper trail for insurance companies, the card potentially represents two major benefits for injured workers. First, symbolically, companies are recognizing that these workers are involved in an arduous trade and injuries are bound to happen. By enrolling, companies are taking a step in the right direction, acknowledging that there is a problem and trying to streamline the solution. Second, it allows workers who have proved that their injury arose out of and in the course of employment to receive their payment more quickly and easily.

Injured workers are dealing with enough stressors, including learning to live with their new injuries and often adjusting work expectations. Waiting for a check to come in the mail or going to the bank to cash it are just extra to-do items. A workers’ comp debit card could take those items off the list. And it might not seem like a big deal, but it is. Anyone who remembers waiting for an employment check to come, hoping it makes it in time to pay this month’s rent, can relate to just how stressful waiting for a check can be. At a time when the last thing these injured individuals need is more stress, the debit card option comes as a great relief.

Less waiting means less stress. And having this type of streamlined system allows for quick enrollment into the card program as well as the ability to electronically deposit funds for quick access. Additionally, payments can be easily tracked, so there is documentation that injured individuals are receiving their payments on time. In short, it’s a way to make the whole payment process just a little more pleasant for people involved in a very unpleasant situation.

Only time will tell how widespread this process becomes, and whether other financial institutions will follow suit, but it certainly holds promise. It’s the little things that make a big difference when people are going through really tough times, and this could be a great opportunity for insurance companies to take a step in the right direction.

Originally posted at InjuryBoard by Nick Avgerinos

Hard to Call Slip-and-Fall: Workers’ Compensation for Working from Home?

Nick Avgerinos — Wed, 13 Aug 2008 09:35:00 GMT

Everyone’s talking about the struggle to fuel our nation: where to find the cheapest gas, techniques for getting the most out of your gas, what car to drive for the best mileage, etc. But some are taking it a step further; why pay for the fuel to get to work when you could choose to not pay for fuel at all.

While some companies are offering a 4-day work week with extended hours, others are giving employees the option to work from home. Telecommuting, already increasingly popular in our age of gadget gorging and emotion via email, has attracted a new branch of followers since gas prices hit $4 and continue to climb. Sure, everyone is announcing plans to harness wind energy and offer electric cars, but until these pie-in-the-sky dreams become affordable realities, working from home is one effective way to cope with money woes for those whose jobs are conducive to such labor.

But what if you’re injured “on the job” from home? It sounds oxymoronic, but it could easily happen nowadays. The same way that you could trip and fall moving from the copy room to your desk at the office, you might slip and fall on your trip from going to grab a file from your bookshelf to sitting down at your home computer. As anyone who works from home knows, just because you’re not at the office doesn’t mean you’re having a pajama party (not that working in one’s PJs isn’t an added bonus to the work-from-home routine). The point is that if you suffer an injury arising out of and in the course of your employment, your employer should compensate you.

Obviously, the particulars are going to be especially relevant in these cases. Did you happen to trip while carefully traversing the relatively clutter-free expanse of a home office; or were you juggling a latte, a personal call, and laptop while navigating your should-have-been-cleaned-two-weeks-ago apartment when you broke your arm after falling on top of one of your piles of clothes? It’s really the details that count here.

This sort of claim relates to the newest legal frontier: internet law. That means that many details are still sketchy. With more and more of us making the virtual commute, however, the color of work-from-home claims is slowly being added. I came across an interesting case involving an employee on his way back home (where he frequently worked) from an after-hours meeting with his supervisor. He was severely injured, involved in a car accident and then hit by another vehicle after stepping outside his car.

While one’s commute is generally not covered by workers’ compensation, two notable exceptions are the dual purpose doctrine and the mutual benefit doctrine. The ‘dual purpose doctrine’ allows that workers’ compensation covers an employee when her employment creates the necessity for travel, even if she is also serving some purpose of her own. The ‘mutual benefit doctrine,’ on the other hand, establishes that injuries suffered by the employee while she is performing some activity for the mutual benefit of herself and the employer is compensable when some advantage for the employer arises out of this activity.

The court in the Missouri case described above held that the plaintiff should be covered for his injuries because he was injured on his way from work, transporting documents that he needed to continue working at home. The court explained: "compensation for injuries while traveling home may be proper under the dual purpose doctrine when it can genuinely and not fictionally be said that the home has become part of the employment premises. In those circumstances, an employee fulfills a dual purpose by traveling home: the personal purpose of making a normal trip home, and the business purpose of reaching a second employment situs. An employee demonstrates this by showing a clear business use of the home at the end of the specific journey during which the accident occurred."

As you can see, technology is quickly changing the shape of our world. And that means changes to both work life and home life, and—for most of us—the blurry new intersection of the two. The case above illustrates that it’s the nature of our activity, rather than the location where we perform it, that categorizes our space for the future.

Originally posted at InjuryBoard by Nick Avgerinos

Worker Wellness: Offensive Approach to Safety Proves Worthwhile for Employers

Nick Avgerinos — Tue, 05 Aug 2008 11:47:00 GMT

Workers’ compensation is an inevitable issue for some companies. When your employees do certain motions day after day, year after year, it’s going to wear down their bodies. But maybe not; maybe it’s just a matter of proper maintenance. After all, we take our cars in regularly, with the cars that acquire more miles quickly being checked out more often. So why don’t we give the same treatment to our bodies?

Well, most of us just don’t have the time. And many of us sit at a desk all day, leaving our body parts more vulnerable to falling asleep than falling apart. But for those in jobs where arduous physical exertion is part of the job description, it makes sense that one’s body needs frequent tune-ups. One Nebraska company, Lincoln Industries, has taken matters into its own hands, instituting an independent wellness program.

In fact, the company employs 3 people devoted entirely to managing its workers’ wellness. Some of the perks: optional pre-shift stretching and on-site massages. Not bad, huh? The company also conducts annual blood, hearing, and vision screenings, and requires quarterly check-ups that measure weight, body fat, and flexibility. The workers are then given a fitness rating, ranging from ‘platinum’ to ‘non-medal.’ In order to achieve platinum status, the worker must be a non-smoker.

Although this might all seem a little ‘Big Brother’ to some people, it appears to benefit employers and employees alike. No one is forced to be healthier, but those interested in improving their fitness scores are helped along the way. The company offers classes on health and nutrition, as well as healthy snacks in its vending machines. They’ll also help with gym memberships and exercise equipment.

And what’s the payoff for the employer? Lower healthcare costs…a lot lower. As CNN reports, “The company pays less than $4,000 per employee, about half the regional average and a savings of more than $2 million. That makes the $400,000 Lincoln Industries spends each year on wellness a bargain.” And workers’ compensation claims have dropped, too; the company reports that increased fitness has pushed workers comp costs down from $500,000 five years ago to less than $10,000 thus far in 2008.

Let’s hope that this marks a trend toward smart employment practices, keeping business going well by keeping employees healthy and happy. And for those of us without vigilant employer programs, perhaps it can inspire us to take control of our own fitness regimens. From a legal standpoint, frequent check-ups are certainly helpful, not only for keeping your body in good shape, but for documenting the changes that your body undergoes over time. Causation is always a key issue in workers’ compensation claims. So, take care of yourself and don’t ignore your body’s signs of trouble. We may not need an oil change every 7,500 miles, but we do need to go see a doctor every so often.

Originally posted at InjuryBoard by Nick Avgerinos

Something to Chew Over: Are You “On-the-Job” During Your Lunch Break?

Nick Avgerinos — Mon, 21 Jul 2008 11:41:00 GMT

Workers’ compensation is probably something you don’t know a whole lot about, until you or a close friend suffers an on-the-job injury. Then it comes at you all too quickly.

What’s the difference between workers’ compensation and personal injury ? (If the word ‘tort’ makes you think of a tasty pastry, it’s worth your while to click around on that site.) For you, it might be a big difference in terms of the number of zeros in your award.

In Iowa , for example, workers’ compensation claims have scheduled injuries. In other words, forget everything you’ve ever been told about not being able to put a price on your life and health. Simply put, in most instances, your mangled hand is worth a specific dollar amount. Same goes for a leg, a foot, an ear, etc. The doctors provide impairment ratings which are then used to determine the value of one’s permanent condition or, the ratings set the boundaries for the value of the case. The who, what, where, when, and why is irrelevant so long as you injured a specific body part on-the-job. (Assuming no other concurrent or pre-existing injuries or conditions, the chess player and the soccer player may well end up receiving the same amount for loss of use of a foot.) However, for injuries affecting the whole body , such as back, neck, internal, neurological, and mental health to name just a few, the limitations of the scheduled injury analysis I have discussed do not apply, as these injuries are not classified as scheduled. Confused yet?

In Illinois , workers’ compensation injuries are not scheduled as they are in Iowa . In establishing case value, Illinois does not apply the American Medical Association Guides to the Evaluation of Permanent Impairment , including the 5^th or 6^th Editions. The Illinois system is based on precedent ; that is, compensation for permanent disability is based upon what the Illinois Workers’ Compensation Commission has awarded in the past for similarly situated individuals.

With personal injury claims, on the other hand, specifics are very important. Were you in any way at fault? How much were your medical bills? Can you continue to work? How does the injury affect your personal life? You’re the victim and yet you’re left to prove that you deserve compensation. Doesn’t seem fair, but it’s the way the system works. The best thing you can do is be upfront and honest. It’s up to you to report your injury early and seek legal advice regarding how to proceed.

You’d think that determining what constitutes a workers’ compensation claim would be pretty straightforward. Well, you’d think wrong . The injury must arise out of and in the course of employment . Sounds redundant, doesn’t it? But often Employers escape liability by saying that an employee was technically “on-the-job,” but sustained an injury as a result of behavior not related to the job. In other words, injuries are often deemed to be sustained out of---but not in the course of---employment.

So, what about lunch breaks? As with most questions, the legal answer is “it depends.” A recent New York workers’ compensation case provides an interesting example. Like Illinois , New York Workers’ Compensation law requires that the injury arise both out of and in the course of employment. In this case, a cab driver was parked in a parking lot, eating his lunch, when approached by another motorist for assistance in jumping his car. The cab driver graciously agreed, but the battery exploded as he was securing the jumper cables, resulting in the cab driver losing his left eye. He filed for workers’ compensation….but he was on his lunch break when the injury occurred.

The case ended up in the New York Court of Appeals , which agreed with the employer that meal breaks are generally not compensable. They ruled, however, that this case was an exception. Testimony showed that drivers routinely took 15-20 minute breaks with the express permission of the employer at a location convenient for the employer. Reasoning that the general rule doesn't apply when the nature of the job dictates the time and place of the meal and the employee is still “on-the-job” at the time the break occurs. Thus, the court determined that the cab driver was injured in the course of employment.

But did his injury really arise out of employment? The New York Court of Appeals determined that if an employee is injured while involved in an activity that benefits the employer, while in the course of employment, then that employee has a workers’ compensation claim. But the cab driver here was just being a Good Samaritan , right? Wrong. The court ruled that, because the cab was clearly marked with the employer's name, the assistance created a good-will benefit to the employer. In other words, the cab driver was providing free advertisement for the employer.

As you can see, the world of workers’ compensation can be very confusing, but a good attorney can help you navigate through the details. Hopefully, you never have to deal with an on-the-job injury; but this should give you some helpful information to digest on your own lunch break today, just in case.

Originally posted at InjuryBoard by Nick Avgerinos

Wounded Workers: American Workplace More Dangerous Than You Might Think

Nick Avgerinos — Thu, 17 Jul 2008 12:04:00 GMT

Since June is National Safety Month , FindLaw.com decided to pinpoint the prevalence of injuries in the American workplace. What was found might surprise you; a full 28% of American adults have been injured on the job. The news is even worse for men, of whom 36% have suffered from work-related injuries. That means nearly 4 in 10 American men have been wounded at work. When you consider the number of white-collar workers out there, that figure is pretty high.

We prize efficiency in our society. Our downfall is that sometimes quality gets sacrificed for quantity. And sometimes the quality is sacrificed not just in the product, but also in the process. Unfortunately, one area that often gets skimped on is safety training . But more danger leads to more injuries, which leads to fewer employees at the workplace.

The U.S. Bureau of Labor Statistics reported over 4 million nonfatal on-the-job injuries in 2006. If time is money, employers better rethink their strategy of trimming the training schedule. Of those injured on the job, 43% missed more than a week of work as the result of a workplace injury. And a whopping 31% missed more than a month!

So, how many of those people filed a worker’s compensation claim? You might be surprised to learn that only 53% of those injured filed such a claim with their employers. For those of you asking, “ What’s worker’s compensation ?” it’s a state-mandated insurance program that provides compensation to employees injured on the job. Why didn’t more of the employees surveyed file? Well, it was probably for a myriad of different reasons, contingent upon their personal circumstances. But for some, the failure to file is likely attributable to the fact that the filing and processing of workers’ compensation claims is a complicated matter.

What should you do if you find yourself in the position of having been injured on the job? FindLaw.com suggests some tips if you are injured.

Originally posted at InjuryBoard by Nick Avgerinos

The Importance of Recognizing and Preventing Workplace Injuries for Hispanic Workers

Nick Avgerinos — Thu, 10 Jul 2008 10:03:00 GMT

Recently, “Breaking Down Borders: Speaking Up For Those without a Voice” discusses the challenges immigrant workers face in accessing all of their legal rights if they are injured on the job. Unfortunately, a lack of rightful remedies is not the only challenge facing immigrant workers, especially of Hispanic origin. Hispanic workers face a disproportionately high mortality rate and more frequent injuries from accidents on the job.

The Center for Disease Control and Prevention reports data to support that the fatality rate for Hispanic employees was 5.0 per 100,000 workers, while the rate for all workers was 4.0 between 1996 and 2006. According to Sherry Baron of the National Institute for Occupational Safety and Health, “Foreign-born Hispanic workers had a 70 percent higher rate of work-related injury death compared to native-born Hispanic workers.”

These startling statistics present the question of why Hispanic workers, particularly those who are foreign-born are more frequently victims of unsafe working conditions. Dr. John Howard, director of the National Institute for Occupational Safety and Health ( NIOSH ), and OSHA Administrator Edwin Foulke Jr. addressed a meeting of the American Society of Safety Engineers’ ( ASSE ) Safety Professionals and the Latino Workforce (SPALW) group on June 10 in Las Vegas on the growing number of Hispanic worker injuries. Members of these groups proposed several reasons for the flux of injuries, including difficulties in communication because of language and misinterpretation of directions and intent.

In order to improve the deficit of more frequent injuries to Hispanic workers, employers need to take into account special necessities of the non-English speaking workers. Employers should provide handbooks and other safety guidelines in multiple languages, and supervisors who speak different languages to make sure the workers understand any dangerous activities in which they are participating.

These workers are entitled to understand how to be safe in the workplace. They are entitled to know how to avoid on-the-job injuries. Employers stand to benefit by providing a safe workplace; fostering a positive work environment keeps people on the job, avoiding injury, and thereby promoting productivity. After all, an ounce of prevention is worth a pound of cure.

Originally posted at InjuryBoard by Nick Avgerinos

Fun on the Fourth: 10 Tips for Fireworks Safety

Nick Avgerinos — Fri, 27 Jun 2008 15:05:00 GMT

It’s that time of the year again: long weekends, barbeques, and—you guessed it—fireworks! And while we all enjoy a little Fourth of July fun, it’s important to be careful, too. As pointed out by fellow attorney David Lowe , fireworks can pose a danger both for those who personally light them, as well as those sitting back to enjoy their bursts of color. That’s not to say you should avoid the tradition entirely, just that you need to be smart while in the proximity of such festivities.

First off, it doesn’t hurt to remind everyone that most fireworks are illegal in Illinois . And while it may be tempting to obtain these stunners illegally or from neighboring states, it’s just not worth it. It’s not worth the risk of getting caught, and it’s not worth the risk of personal injury. Just as a refresher, some items are permitted: sparklers, snake/glow worm pellets, smoke devices, trick noisemakers, and plastic or paper caps. These fun effects can be purchased at retail stores like Target , but even they should be used with caution .

These items, on the other hand, are strictly prohibited: firecrackers, torpedoes, skyrockets, roman candles, and bombs. Why? For starters, do you want little Tommy playing with something called a torpedo? I didn’t think so. The fact of the matter is that you shouldn’t be playing with torpedoes either. Every year, you hear story after story about unfortunate accidents that started out as “innocent” fun. You don’t want to be that story this year. So, as a preemptive attempt to reduce such accidents, I’m sharing 10 safety tips recently promulgated by the Chicago Tribune :

1) Be sure other people are out of range before lighting fireworks.

2) Only light fireworks on a smooth, flat surface away from the house, dry leaves, and flammable materials.

3) Never try to relight fireworks that have not fully functioned.

4) Keep a bucket of water in case of a malfunction or fire.

5) If a sparkler fails to light, douse it with water. Do not put inside a car, building or structure until it has been soaked for a while.

6) Only use fireworks outdoors.

7) Obey all local laws regarding the use of fireworks.

8) Purchase fireworks only from legitimate stores and roadside stands. Their products will be tested for safety. If you want to find a reliable place to buy using a zip code, click here .

9) Always wear safety glasses.

10) Alcohol and fireworks don't mix!

This Fourth of July, don’t forgo the fun, just step up the safety. That way, you can really relax on your long weekend.

Originally posted at InjuryBoard by Nick Avgerinos