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Personal Injury News

Work Injuries: New Victims to Blame

January 19th, 2011 Grant Luna

THE OLD AND THE ILLEGAL

California has been the leader in blaming the victims for work related injuries.  In addition, regulatory enforcement was softened up to allow unsafe employers continue hazardous practices.  The net effect of this expensive propaganda was that benefits for injuried workers were reduced and denied.   Most importantly profits for Insurance Companies soared in California.  The work place was made more profitable for companies and more hazardous for workers.  (See previous posts, “Blood Money” and “Civil Justice for Injured Workers“.

The rest of the country is signing up during these economic times.  Insurance companies called foul when an illegal alien was allowed to obtain Worker’s Compensation benefits from a work injury.  Several states have initiated legislation to ban WC Benefits to illegals.  But what is really behind the hue and cry?  The insurance companies and employers gain by denying these benefits.  The illegal worked, was paid, and premiums earned.  The windfall goes to the insurance company who does not have to pay for a claim that they collected a premium on.  The unintended consequence is that employers will hire illegals knowing they will not have to pay WC Benefits.  Whatever other penalties are issued, the employer should be fined for hiring illegals.

The benefits of hiring older workers have long been known.  Older workers are calm, mature, experienced, motivated, loyal, dependable, adaptable, train quicker, better with the public, etc., etc., and etc.  However, insurance companies writing Workers’ Compensation found a new ‘scape goat’ for their own inefficiency to expand profits:  they now allege that the Older Worker is increasing costs to the work place.  Older workers fall more, take more medications, and go regularly to the doctor.   A whole new category of blame has been created “Hidden Costs of Older Workers.”

The fraudulent claims card has been played and worn out.  The insurance companies are responsible for fraud but use it to obfuscate and point blame away from themselves.  Insurance companies now are picking out certain groups to blame them for the high price of workers’ compensation insurance:  the old and the illegal.

It is really about profits.  Follow the money trail.

FALLS, FORKLIFTS, SCISSOR LIFTS, SCAFFOLDING AND ELECTRICITY

December 19th, 2010 Grant Luna

AT THE END OF THE DAY, THE GOALS ARE SIMPLE:  SAFETY AND SECURITY.

OSHA’s recent Top Ten list of dangerous work activities included Falls, Scaffolding, and Powered Industrial Trucks. Powered Industrial Trucks would include forklifts and scissorlifts. These operations are dangerous enough by themselves. However, they become geometrically more hazardous when working in close proximity to each other.

During the first week of December 2010 two workers were performing electrical maintenance using a scissor lift and scaffolding. The men were suspended in harnesses at 30 feet.

Another employee was performing unrelated routine work on a forklift. The forklift struck the scissorlift as the men did the electrical work. Both men were knocked unconscious. One man was killed when he fell and was pinned and crushed under the scaffolding. The second worker remain hung in a harness.

The predictable company/employer CYA statement that “[we] are committed to safety and safe work enviornement” belies their actions. The contractor/owner should not have required unrelated hazardous work activities in close proximity. Company rhetoric does not alleviate the preventable suffering and sorrow to the families during this Christmas Holiday. There are no words, only acknowledgement.

Honor these fallen workers by keeping yourself safe at work and taking the extra safety precautions regardless of pressures put on you.

THERE IS NO SAFETY IN NUMBERS.

Remembering Fallen Workers:

December 9th, 2010 Grant Luna

A young worker was doing his job shoveling hot asphalt into a backhoe scoop. He slipped, fell and was buried in scalding asphalt by a dump truck. The young man was trapped and burned to death in 570 degree asphalt. A coworker was severely burned trying to rescue him. The penalty for a fall should not be death.

Life did not end by accident. Don’t let it end as one.

Fallen Workers Honored: Woodchipper Horror

December 2nd, 2010 Grant Luna

America’s strong work ethic and dedicated workers is what built this country. Americans respect hard work and those who toil to support their families. Too often the reward for hard work is death. In an effort to remember workers’ deaths, injuries, and promote safety these tragedies will be memorialized to keep worker safety as a priority. (If you have a worker, safety tip, or thought to be included in this feature then please write us.)

Woodchipper Horror: The academy award winning movie “FARGO” shocked us with a convict shoving his co-con’s leg into a woodchipper while blood and flesh spewed onto the snow. The scene was repeated in real life when a maintenance worker was tangled in a tree limb while shoving it into a woodchipper.

Remember: WORKING WITHOUT SAFETY IS A DEAD END JOB.

Scaffolding Accident Falls

November 5th, 2010 Grant Luna

The Number One OSHA Violation in for the second year is Scaffolding.  There are more scaffolding violations, citations, serious injuries and deaths than any other work related injury.  Scaffolding Accidents, Falls, and Injuries are forseeable and preventable.  The Scaffolding Standards are not complicated.  The following are summary highlights of OSHA’s scaffolding standard.

  1. Fall Protection/Fall Arrest-A worker more than 10′ above a lower level must have guardrails or fall arrest system.
  2. Guardrail height-Top Guardrail 38′-45 ‘.
  3. Crossbracing-As Toprail 38′-45′.
  4. Midrails-1/2 distance between work platform and top rail.
  5. Footings-Level and support loaded scaffold bearing on base plates and mud sills.
  6. Platforms-Supported,  fully planked and decked.
  7. Guying Ties & Braces-Supported scaffolds, 4:1 height to base restrained from tipping by guying, tying, or bracing.
  8. Capacity-Support 4X maximum intended load.  Suspension Scaffolding 6X maximum intended load.
  9. Training-Workers must be trained in scaffolding safety, hazards and controls.
  10. Inspections-Competent person to inspect before each work shift.
  11. Erecting/Dismantling-Competent person to inspect and supervise.

For a complete understanding consult OSHA Requirements for Scaffolding at Section 1926.451.  The section is understandable and should be read by persons working on and around scaffolding.  There are numerous Guides and Safety Pamphlets available on line, through your Safety Supervisor for Foreman or contact this website for references.  Company Safety Manuals should include Scaffolding Requirements for workers using scaffolding.  Safety meetings must include scaffolding if used at work

Scaffolding Safety is for the worker.   If you work around scaffolding do not rely on the erectors or Safety Person for scaffolding safety.  Understand scaffolding safety, inspect for hazards and bring them to the attention of supervisors.  You know the saying:  An ounce of prevention…

OSHA’S TERRIBLE TEN

October 14th, 2010 Grant Luna

This month, October 2010,  OSHA released the Top 10 OSHA Violations by Contractors.  There is a direct correlation between the this list and work related injury activities.  OSHA’s Top 10 Violations for 2010 look a lot like 2009 and 2008.

1. Scaffolding

2. Fall Protection

3. Hazard Communication

4. Respiratory Protection

5. Ladders

6. Lockout/Tagout

7. Electrical Wiring Methods

8. Powered Industrial Trucks

9. Electrical-General

10. Machine Guarding

It is important to keep in mind that these are not ‘employee errors’ or prompted by workers, trial lawyers, or unions.  These are violations by contractors and employers who refuse to conform to OSHA Standards and repeat the same violations over and over again.  Worker related injuries will continue until the cost to contractors is greater than the cost to comply with OSHA Safety Regulations.  Workers’ Compensation benefits are down as are premiums so this is no incentive.  Civil lawsuits, increased monetary penalties and criminal sanctions will increase contractors’ safety for workers.

Safety is the number one concern for the American Worker.  What is the number one conern for the American Contractors based on these figures?

THE ECONOMY AND WORK ACCIDENT STATISTICS

September 28th, 2010 Grant Luna

The Department of Labor, Unions, and contractors have recently touted fewer deaths and reduced accidents in the work force as evidence of effective accident prevention.  However, it is misleading and self aggrandizing to attribute these statistics to contractor’s safety awareness.  OSHA accurately reported the reason for the downturn in accidents.

The devil is in the details.

The truth is that the work place has become an even more dangerous place to be in the past 5 years.

Construction projects are down.  Contractors have shut their doors.  The construction industry is down along with the economy.  Home sales are down.  Construction work hours are down.

OSHA documents daily deaths in the work place.  Even with the industry down turn, serious injuries and being in mangled on the job have not slowed according to construction safety magazines.

So, what is this dichotomy of work accidents and deaths declining but reported deaths, accidents, and OSHA Citations still showing an increase?

The number one concern for workers in the United States is not wages.  It is not work hours or even benefits.

THE NUMBER ONE CONCERN for American Workers is safety.

Why is their concern safety if work deaths and accidents are down significantly?  Aren’t American Workers getting what they wanted in reduced accidents and a safer work place?  No.  Workers continue to be concerned about work safety because they know that it is not getting safer but more dangerous in the work place.

Work accidents and deaths are down because man hours are down with this recession.  As a percentage of work hours, work accidents have increased.  Economists and business statisticians tell us that in a recession when workers are laid off, businesses become more efficient and production increases.  This may be true in some instances but what is clear is that in a recession the first thing to go is safety programs and safety concerns.  The work place becomes more dangerous.

Do not let your eagerness to work and earn blind you to safety.  Safety is and should continue to be your NUMBER ONE concern.

Stay Cool

September 4th, 2010 Grant Luna

Working in the heat can adversely effect your body temperature control system. The body usually cools itself by sweating. However, lack of water, no shade, high temperatures and humidity prevent efficient heat release. Sustained high body temperatures will damage the brain, vital organs, and cause death.

Employers and contractors refused to voluntarily provide relief and have fought simple, inexpensive ways to help the worker in the heat like available drinking water and shade.

In August 2010 Cal/OSHA adopted some much needed but still inadequate heat relief for a worker in the hot summer sun.

85+SHADE UP: The contractor must have shade available close to the work.

95+HIGH HEAT WARNING: Contractor’s supervisor available to observe workers, and specifically supervise for signs of heat illness,take action and available shade, and water. This requires extra heat precautions.

WATER: Easily available, fresh, pure, and cool at all times. This is an important easy way to avoid heat illness. Most Americans are dehydrated. Sitting at home watching TV all day the normal body uses over 10 cups of water. Coffee and alcohol dehydrate your body and don’t count. At a minimum follow the 8 oz X 8 times a day water rule. Check with your Dr. for your weight, age, and height water requirements.

TRAINING: Increased training for awareness and precautions.

The new standards are inadequate but a step in the right direction. Bottom line here is that you must be aware of the heat to take the precautions available including shade, water, and rest.

California Workers’ Comp ‘Blood Money’: Where did it go?

August 11th, 2010 Grant Luna

Previous Posts have shown that California politicians, insurers, contractors, and employers conspired to slash benefits to the seriously injured worker. This legislation cutting benefits was ramrodded through under the lies of higher costs driving businesses and jobs away from California, worker fraud, and reduced profits.  Let us test those theories.

“WHO BENEFITS?”  We know it wasn’t the injured worker because he gets less, much less.  Who did benefit from the denial of benefits to legitimately injured workers in California?  (“Blood Money”)

The Politician:  Politicians saw an issue that would bring in campaign contributions and votes.  There aren’t enough construction workers who vote and would contribute to campaigns so you are expendable.  Insurers, developers, and contractors will contribute generously to a politician that fattens their bottom line.  The voting public has been inflamed by misleading and lying propaganda that the WC system is broke and abused by the workers and lawyers.  POLITICIANS BENEFIT FROM REDUCED BENEFITS.

The WC Insurer:  Insurers profits have dramatically increased as benefits to workers have dropped.  WC Insurers in California are making record profits while injured worker payments are the lowest in the nation.  In the recent past insurers profits excceded workers’ benefits.  California insurers are more than triple the profits earned in other states.  California’s Workers’ Compensation Fund reported net income for 2009 increased ninety one percent (91%). These profits will increase signicicantly in the future.  CALIFORNIA’S WORK COMP INSURERS BENEFIT FROM REDUCED BENEFITS TO WORKERS.

The Contractors/Employers:   “IT’S THE EMPLOYEE FRAUD, STUPID!”  Blaming workers’ fraud and illegal aliens taking jobs makes easy headlines and the accused are silenced.  However, the real fraud in Workers’ Compensation is Contractor/Employers’ underreporting payrolls, misreporting their employees, and hiring illegal aliens.  A major UC Berkeley study found there was a massive problem of employer fraud in Work Comp Insurance.  The employer cheats, pays lower premiums, and the loss is passed on to the consumer via the insurer.  The illegal alien is employed by the law breaking employer.  Reducing worker benefits, hiring illegals, misreporting fraud and blaming the worker makes good business sense.  THE CONTRACTOR/EMPLOYER BENEFITS FROM REDUCED BENEFITS TO WORKERS. 

The Economy and Consumer:  The economy is in the tank because of various business fraud practices and a global depression.  The California economic crisis was not caused by workers’ fraud or too generous benefits.  Contractors and employers laid off the loyal, hard working employees when their profit margins were shrinking.  THE ECONOMY AND CONSUMERS DID NOT BENEFIT BY THE REDUCTION IN WORKER BENEFITS.

The big winners for the “blood money” savings in reducing workers’ compensation benefits are politicians, insurers, and contractor/employers.  The big losers for reduction in workers’ benefits was and continues to be the injured worker, consumers, and economy. 

The only way an injured worker can receive justice in California is to file a civil lawsuit.  And don’t feel sorry for the insurers who might have to pay out some of the billions in premiums they collected.  Part of those premium dollars were taken from your benefits.

THE CIVIL CASE: Justice for Injured Workers

June 16th, 2010 Dean Rice

In addition to Workers’ Compensation, an injured worker may also sue any person, contractor or company that causes their injuries in civil court except their employer.  (An exception is if the employer does not have WC Insurance.)  The easy case would be a general contractor’s busy superintendent drives a company truck into a roofer walking to the construction building.  The injured worker would be immediately entitled to his employer’s small work comp benefits plus in civil court the general contractor and the superintendent will be civilly responsible for all injuries and damages caused.   (They have insurance to cover this accident.)  The civil lawsuit for complete justice may take from 6 to 18 months to settle or go to trial.

The more complex catastrophic case that we have been successful in is where the general contractor, another subcontractor, employer and injured worker may all be partly at fault.  Here is a real life example: 

Rough Carpentry Subcontractor on a building is responsible to install vent shaft covers at the site.  The general contractor is responsible to inspect and warn of dangers.  The metal grate subcontractor removes the covers to measure the opening but doesn’t properly re seat the cover.  A month later a surveyor is directed by his party chief to stand on the cover for a measurement.  The surveyor steps on the concealed hazard and falls 22′ breaking bones in both legs that cripples him for life and denying him of his 30 year livelihood of surveying.  Who is responsible civilly?  The general contractor?  Rough Carpentry Sub?  Metal Grate Installer?  Employer Party Chief?  Injured Worker?

The answer is all the above.  After pursuing Workers’ Comp, filing a civil suit, taking 22 depositions, declaring experts, and defeating a request to throw the case out of cour, the case settled with all parties contributing in the amount of $2Million.  It was discovered through those depositions that the general contractor was sited by Cal OSHA and knew about the concealed hazard.  The rough carpenter sub knew of the danger but failed to do anything about it.  The fact that the employer had the general duty to provide a safe work place and the injured worker could have discovered it did not prevent a just civil award for all damages.  Just a few examples of our recent success in civil work place injuries are:

Injury                                  WC Award                             +Civil Award Obtained

Carpenter Falls/Wet Roof    $150,000                               $5,000,000

Electrician Electrocuted       $160,000                               $2,500,000 to wife 

Surveyor Fall Through Vent   $75,000                               $1,925,000 to worker

The most important part of your civil case is to get us involved as soon as possible after the injury.  Our investigator will preserve evidence and take pictures and obtain statements from witnesses.  Evidence can only be preserved if it is obtained quickly.  Crucial pictures, witnesses, accident reports, inspection reports, daily journals, progress reports all tend to disappear with the passage of time.  It is important to get an experienced civil litigator involved soon.  Do not concern yourself with anything other than healing, truthfully cooperating with authorities and getting the case in competent hands quickly.  The sooner you do, the quicker results will occur.  Remember, justice delayed is justice denied.

Next Week Blog:  Blood Money:  Where Did the Savings from Reduced Worker Benefit Money Go?