Most employers have workers' compensation insurance. This coverage is not owned by you or the employees but by the employer and should be viewed as such. It is designed to pay for necessary medical treatment that is needed due strictly to injuries received at work or while on the job. During an employee's time of recovery, workers' compensation will pay a replacement wage.
]]> Any claims of workers' compensation must first have two criteria verified before benefits begin to be distributed. First, the insurance agency must be able to confirm the relationship of an employee to his or her employer. After that, an investigation will occur to confirm or deny the injury occurred at work. If the insurer is satisfied by its findings, an injured employee will begin receiving benefits.Independent contractors do not qualify as employees under workers' compensation coverage. This means that if they are injured while working for a client, they will not be covered and will not receive benefits to financially buffer a recovery.
In most cases, workers' compensation claims go smoothly and the injured employee returns to work. But the process can become more stressful if the injury is severe and the recovery time is long. In situations such as this, a doctor selected by the insurance company may tell you that you are capable of returning to work before you think you are ready. You have a right to get a second opinion if you do not agree with the doctor's recommendations.
Remember that you are working with a physician chosen by an insurance company on your employers behalf so he or she does not want to spend any more money paying your wages and medical care than it believes to be absolutely necessary.
Source: Washington Times, "Workers' Compensation: What you need to know," Paul Samakow, May 7, 2012
]]>Reports indicate that the former football player shot and killed himself. Following the tragedy, questions erupted from the media and medical professionals alike: Could Seau have been afflicted with depression that was caused by brain injuries he could have received while playing football? If so, what can be done to address the issues that may arise and how can medicine better understand them?
]]> According to NBC Sports, Boston University has requested Seau's brain so that it can be studied. This could uncover any traumatic brain conditions that he may have had, allowing others to better comprehend them.Previously, another former football player committed suicide in a similar manner. Before shooting himself, he had left a note requesting that his brain be donated to Boston University so that research could be conducted.
The university's research has found a form of dementia that can be caused by repetitive brain injuries. It is known as chronic traumatic encephalopathy and can lead to serious complications. Anyone in Ohio with a job that has caused them a serious brain injury should be wary of the dangers that are involved with such a position. If the fault for the injury can be attributed to the employer, you may be eligible for workers' compensation.
Source: NECN, "Neuropsychologist: Repetitive brain injury is really serious," May 3, 2012
]]>Earlier estimates suggested that the funds would be used up by 2035, but a recent estimate has indicated that the funds will disappear by 2033. This means that Social Security Disability benefits will likely cost more of the nation's gross domestic product -- experts believe that by 2030, Social Security and Medicare will cost the nation an extra 3 percent.
]]> Combined, the Social Security funds have $2.7 trillion allocated to them. That amount does not reflect the ability of the government to afford benefits. Instead, it is an amount that the U.S. Treasury has promised to afford in case of any cash shortfalls that occur before the trust funds dry up.More estimates on Social Security suggest that the funds will have a cash deficit again this year -- the third year in a row. Experts believe that the deficit this year will be around $53 billion. Add in the 2 percent payroll tax cut and the deficit more than triples to $165 billion.
Experts are blaming a slow recovery and more straightforward accounting on the dimmer outlook for Social Security. If Congress does not act soon, the benefits program may experience some serious changes as soon as 2016. Previously, the Social Security Administration had stated that necessary changes would have to be made by 2018.
The White House has said that it will seek a broad fix to the Social Security system, hoping for a long-term solution, rather than reallocating funds to ensure the short-term success of the program. Whatever the fix, politicians need to ensure they don't jeopardize the benefits of people who need them the most.
Source: Investors, "Disability Crisis Puts Social Security On 2012 Agenda," Jed Graham, April 23, 2012
]]>The explosion happened at the Muskingum River Plant, which is owned and operated by American Electric Power. According to reports, a truck was delivering hydrogen to the plant on Jan. 8, 2007, when an explosion occurred at one of the hydrogen storage units. The explosion caused the death of one individual and injured nine others.
]]> In the blast, the above man sustained injuries to his back, neck and shoulder, which required surgeries and led to high medical bills for him and his family. According to a June 2011 ruling, the company disregarded safety standards, which contributed to the explosion.A recent hearing was held to address the delayed payments. According to records, the hearing addressed prejudgment interest, which is only a part of cases that involve a defendant that is delaying a resolution. This suggests that the energy company is not engaging in settlement negotiations, and, with plans to appeal, the company may continue behaving in a similar fashion.
Besides the settlement offer that asked American Electric Power to waive its lien against workers' compensation for the man and pay future medical costs, another settlement was put on the table. Both of these would have cost the company much less than the amount awarded. Companies should be held accountable for failing to live up to their responsibility to keep workers safe.
Source: The Marietta Times, "Worker waits for $5.57M judgment," Kevin Pierson, Apr. 11, 2012
]]>The story of one spinal cord injury victim has left many wondering what their lives would be like if they suddenly became a quadriplegic. He was 20 years old when he lost the use of his limbs. He was a freshman in college at the time and was about to start his first hockey game with the school he attended. After 11 seconds on the ice, he had been injured.
]]> One of his vertebras had been cracked, which left him paralyzed from the neck down. That was more than 16 years ago.Limited use of his right arm was restored shortly after the accident occurred. He can move a joystick on his motorized wheelchair, but no movement has been recovered since. The man has been hoping for a cure since his injury, but that was 16 years ago.
Still, he believes that a cure will come during his lifetime. He has written a book on his injury and his life. He is also the head of a foundation that gives grants to those in need of spinal injury equipment. Some of those grants also go toward researching the cure.
If one suffers a spinal injury on the job, they can be entitled to benefits that help offset the cost of medical expenses.
Source: WBUR, "Travis Roy: Hopes For His Recovery From Quadriplegia Have Dimmed," Sacha Pfeiffer and Lynn Jolicoeur, Apr. 4, 2012
]]>According to reports, a 49-year-old male construction worker lost his life around 6 p.m. after being involved in an accident around 11 a.m. on the same day. The 49-year-old, from Barberton, Ohio, was walking between a track hoe and some slabs of concrete when the machine moved. He was then stuck between the excavator and the concrete.
]]> The man's employer will be investigated by the U.S. Department of Labor, according to Cleveland's acting area director for the U.S. Occupational Safety and Health Administration. An investigation into the accident is ongoing and may take months to complete. A compliance officer with OSHA visited the site on the day of the accident and has reportedly been back since.An OSHA official said that it is too early to determine if citations or fines will be given to the companies involved. Currently, there is not enough documentation to cite anyone. Officials are unsure if PARTA or the general contractor working on the site will be included in the investigation. If so, they may be found liable for the death of the worker.
The director of marketing and public service for PARTA said that work has been suspended at the site while the investigation continues. The transit company, along with the contractor and subcontractor, could be on the hook for a wrongful death lawsuit or workers' compensation for the victim's family.
Source: Kent Patch, "UPDATE: Worker Dies After Accident at PARTA Construction Site," Matt Fredmonsky, Mar. 28, 2012
]]>That may be what happened to a 56-year-old man in a recent workplace accident, which found him buried under a pile of pinto beans. If negligence can be proven, the man's family may have the potential for a successful wrongful death suit.
]]> According to reports, a large pile of pinto beans collapsed on March 15 at a warehouse. The man was soon trapped under a pile that was reportedly 15 to 20 feet in height. More than 50 rescuers attempted to dig the man out. After an hour of digging, the team managed to get to him, but he had already suffocated.Estimates suggest that he was buried beneath several tons of beans. Records show that the man worked for the company for more than 12 years before his death.
The local sheriff's office said that the circumstances that led to this workplace accident are still being investigated. The U.S. Occupational Safety and Health Administration is working with safety inspectors at the warehouse to determine what went wrong.
In order to prove that the man's death was "wrongful," the family may be able to suggest negligence or human error, both of which could find the company that owned the warehouse at fault. Another route could be used to convince a jury that if the victim did not cause the accident and a third party did not cause the accident, it must have been the fault of the company. This argument assumes that the accident does not occur regularly.
Source: Reuters, "CO Man Buried Alive Under Tons of Pinto Beans," Andrew Chow, Mar. 20, 2012
]]>A woman, who was the head custodian at a school, was unlocking the front gate on May 3, 2010. She had parked her vehicle close to the gate so that she could use the headlights to see. Inclement weather was present, making the ground slippery and the sky dark. As she began to unlock the gate to the parking lot, her car began to roll away from her.
]]> As it went down the hill, she ran toward it, hoping to stop any damage from occurring. While running, she lost her footing and fell to the ground. The vehicle ran over her foot and it had to be amputated.She soon filed for workers' compensation and was awarded it by an administrative law judge, who ruled that the injury arose out of her employment. If she had not been there, the injury would not have occurred.
But the state Board of Workers' Compensation reversed the decision, which was upheld by a state superior court. The woman took her case to a state appellate court, which found that the reversal was based on incorrect legal theory. The reversal had been based on the fact that chasing after a moving vehicle was not part of her job description.
The appellate court ruled that the injury occurred while the woman was on duty and performing her responsibilities as head custodian. Due to this, her benefits were reinstated.
Source: HR.BLR.com, "Worker Injured By Car Entitled to Workers' Compensation?" Mar. 13, 2012
]]>Data from a 2007 study performed by Duke University shows that obese workers filed twice as many workers' compensation claims as those workers who were not obese. They also missed 13 times the amount of days for their injuries and had medical costs that were an average of seven times more.
]]> Another study -- this one from 2010 -- found that obese workers typically receive a greater range of medical costs and treatments. The duration of those treatments is often longer for obese individuals who have received a similar injury to the individuals who are not considered obese.A medical director for a workers' compensation claim management company said that about 28 percent of the claims that the company handles are from obese individuals. This conflicts with the data from Duke University.
.In a specific case, one man in his 20s sprained his ankle while on the job. He weighed more than 300 pounds and was treated for seven months before doctors said that his ankle would not likely return to its peak strength. He received workers' compensation throughout the process and was allowed to perform light-duty work while attending physical therapy for his injury.
It would be wise to treat the numbers with some skepticism, since employers will cry poverty and make other excuses to avoid paying for workers' compensation. The benefits exist for a reason: to help injured workers get by while recovering.
Source: Workforce.com, "Obesity Problems Weigh on Workers' Comp," Roberto Ceniceros, Mar. 8, 2012
]]>According to reports, a 67-year-old man was assisting with the work being done on a Masonic Lodge late last month. At the time, he was the Worshipful Master of a local lodge and was assisting other Masons and volunteers with the construction.
]]> This should not only serve as a warning to workers, but also to employers. Had this accident occurred in the workplace, an employer could likely be held liable for the man's death, especially if he was not using the proper safety equipment.Police said that the man fell 10 feet from the rafters where he was working to the concrete floor below him. The crew was trying to get items to where the man was at the time.
An unexpected shift in the man's balance may have been what caused him to fall. Reports indicate that he fell headfirst and died instantly. The 10-foot fall, though it may not seem to be much, was enough to fatally injure this man.
The CEO of the man's former employer -- a major hospital -- said many good things about the man. According to him, the man was an outstanding individual who had a passion for the hospital that he worked at for 35 years. The CEO also said that the man put everything he had into each and every one of the projects he was tasked with working on.
Source: Carthage Press, "Carthage man dies in construction accident," John Hacker, Feb. 29, 2012
]]>At least one of these violations was considered serious, which means that it could have resulted in the serious injury or death of a worker. SHS Staffing Solutions supposedly failed to train its employees on the lockout/tagout method used for hazardous energy sources. If something happened, it could have resulted in a wrongful death suit.
]]> According to reports, OSHA was made aware of the inadequate working conditions found at the distribution center for Hershey Co. through a complaint filed by the National Guestworker Alliance. A group of foreign students were working summer jobs at the facility under the J-1 visa program.The complaint alleges that the students were exposed to exploitative and unsafe working conditions. It also suggests that the visa program was being abused.
Exel had a contract with SHS Staffing Solutions that allowed the staffing company to hire the students so they could work at the Hershey facility. Exel, which was responsible for record keeping at the distribution center, supposedly failed to record injuries and illnesses for four years.
According to OSHA, the company also failed to evaluate the accuracy of the injury logs before certifying them for three years, and it failed to develop a hearing conservation program for its employees. The six willful violations that the company allegedly committed have a combined price tag of $280,000.
Source: CBS 21, "Hershey owned facility fined by OSHA," Feb. 21, 2012
]]>When the steel fell it was being held by a crane. The cable snapped and three 62-feet beams fell to the ground, landing directly on a flatbed truck.
]]> A 24-year-old ironworker from Staten Island said that he heard the crash and saw the loose cable coming down. According to him, the cable looked like a snake.Reports indicate that the accident happened at Four World Trade Center around 10 a.m. This location is the southern-most tower of the World Trade Center complex.
A spokesman with the contractor for the building said that the area where the accident happened is not open to the public. The enclosed section of the site may have been one of the better places for this accident to occur.
Only one person was examined by medical workers at the scene. That person was released after being checked over, according to the authorities.
Investigations into the incident are being conducted by the Port Authority of New York and New Jersey as well as other city agencies. According to the spokesman with the company, the contractor plans to fully cooperate during this process.
Source: Wall Street Journal, "Construction Accident Shakes World Trade Center," Sean Gardiner, James Campbell and Aaron Rutkoff, Feb. 16, 2012
]]>This 20-percent increase in five years should have people in Ohio currently on benefits a little worried. Lawmakers will have to find ways to get more revenue so they don't cut benefits for people who truly need them.
]]> Supported by a 0.9-percent tax on both employers and employees, the Social Security Disability trust fund may not last much longer. With more recipients, the fund will likely be exhausted faster, as Social Security has been operating on an annual deficit every year since 2005. Current estimates suggest that reserves will be gone by 2018.Some are tying the sudden increase to the recession, suggesting that hard economic times have brought more disabled people -- who are unable to find work -- to finally accept benefits they have qualified for in the past. Despite their need, many of the initial applications filed by potential recipients are denied.
But the appeals phase has given many of those denied a bit of hope. Across the nation, administrative law judges hear appeals from applicants who have been denied by state agencies. While some judges deny nearly all of the cases they preside over, others approve at a similar rate.
For the time being, applicants must prove that they have a condition that makes them unable to work or unable to adjust to work. This condition must be expected to last a year or more. If you have a condition such as this -- and you haven't already applied -- you may want to do so now. It takes an average of about two years from the original application to the first time that benefits are issued.
Source: Livingston Daily, "U.S. disability claims swell in hard times," Feb. 6, 2012
]]>In some cases, an injured worker must seek an extension of benefits when more treatment is necessary. One young worker filed such an extension after experiencing excruciating pain beyond the period of time allotted for by his temporary total-disability benefits. His extension was denied due in part to photos found on his Facebook profile that depicted him drinking with his friends.
]]> The 27-year-old man had been injured almost exactly three years ago on March 12, 2009. He was working when a refrigerator tipped over onto him and causing injuries that required at least three surgeries. He was granted temporary total-disability benefits for just over a year. When the benefits ran out, he said that the pain persisted at a level that required more treatment.When the court denied his extension, he appealed the ruling asking that the Facebook photos not be used as evidence in determining whether or not the benefits should be extended. The court of appeals denied the request to exclude the photos. A representative for the young man said the photos were "irrelevant, immaterial and prejudicial," and that the determination should focus on his need for further treatment instead of how he dealt with the pain.
Although this case occurred in Arkansas, it is a case worth highlighting in Ohio. These types of photos should not be used to determine benefits but there is an easier way to deal with the problem. Avoid it. The case helps show that when a workers' compensation claim is pending, it may not be a bad idea to avoid posting or uploading photos on social media sites.
Source: abc news, "Court Okays Facebook Party Photos in Workers Comp Claim," Lyneka Little, Feb. 3, 2012
]]>According to reports, approximately 5,000 construction accidents such as this happen each year. This, along with the recent tragedy, has led at least one member of the Ohio Highway Patrol to speak out.
]]> Speaking directly to drivers throughout the state, he said that people can choose to slow down, leave extra room, not text and follow the instructions on signs in a work zone. If they do not, they may be subjected to the increased punishments present in work zones.As most drivers probably already know, fines are doubled in construction zones. That means speeding tickets and any other misdemeanors that occur in a work zone will have twice the cost to the accused driver. Also, any injuries caused in a work zone may lead to criminal charges.
A report from the state highway patrol said that at least one of the safety precautions in place did help to make the fatal accident better than it could have been. Flaggers who watch the construction site for any danger are equipped with an air horn that they are supposed to sound if a hazard appears. This tactic allowed one worker to avoid the accident that claimed his co-worker's life. But this is cold comfort to the victim's family.
Source: WTOL, "Drivers urged to use caution in work zones after fatal accident," Matt Wright, Jan. 25, 2012
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