Take the case of a man who was recently awarded workers' compensation benefits after suffering a stroke. While a stroke might ordinarily be considered the type of injury that is not caused by work or by working conditions, a workers' compensation judge found that this man's unusual circumstances entitled him to workers' compensation benefits.
]]> The man was employed at foundry on and off for 22 years in a capacity that had him working in the "hot room" near the foundry's furnaces. Although the foundry where the man worked said it tried to keep its workers safe, the judge said the heat and physical stress of the "hot room" were contributing factors in the man's stroke. On the day the man suffered the stroke, the temperature in his work environment was around 100 degrees and the man had to wear a flame-retardant suit over his work clothes. The judge found that to be convincing evidence that the stroke was the result of the man's working conditions.Several commentators have noted that the likelihood of an employee suffering a stroke while on the job is rare and that successfully linking the stroke to working conditions is even rarer.
Source: The Morning Call, "Victaulic foundry employee wins workers' comp for on-the-job stroke," Peter Hall, Feb. 20, 2012
]]>It is probably no surprise, then, that a recently published paper found that if employers can implement a "comprehensive fatigue risk management" system in their workplace, they can improve both efficiency and safety among their workers.
]]> An estimated 38 percent of American workers suffer from "fatigue," which is defined as weariness, a lack of energy or general tiredness. One of the leading factors is a poor night's sleep.The American College of Occupational and Environmental Medicine, which published the paper, reported that fatigue leads to decreased vigilance, slower reaction time and poorer decision-making ability. Those symptoms can lead to more accidents and injuries.
The school found that if employers can establish a reporting system for overly tired employees, train their workers on what to do if they are feeling fatigued and conduct fatigue accident investigations, they will be less likely to have to deal with injured workers and diminished productivity.
As you can see, tiredness in the workplace is actually quite a serious matter. We would all love to get a good night's sleep every night, of course, but that is not always possible. It's nice to know that employers are being encouraged to take reality into consideration and find ways to decrease the likelihood that workers will be hurt.
Source: Business Insurance, "Fatigue risk management can improve workplace safety," Roberto Ceniceros, Feb. 13, 2012
]]>The "going and coming" rule holds that employers are not responsible for the safety of workers as they come to and leave their place of employment. It recently became very important for a man who tried to seek workers' compensation benefits after he was involved in a car crash while running home for an errand during the workday.
]]> The man was a court bailiff. He was required to look presentable at work, so after he spilled coffee on his shirt and tie, he quickly ran home to change. Unfortunately, he was involved in a car accident on his way back to work from his residence.The man was hospitalized for a month and was "seriously injured." He claimed his changing of clothes was required for his job and so that he should receive workers' compensation benefits, but both the state workers' compensation commission and a subsequent appeals court disagreed. They found that the man's errand home was not ordered by his employer and so did not count as a work task. Thus, he was denied workers' compensation benefits.
As you can see, concepts of when a person is "at work" and "doing work" are not always as easy to define as you might think, but are still very important when someone needs to seek workers' compensation benefits.
Source: Business Insurance, "'Going and coming' rule makes worker's car accident injuries noncompensable: Court," Sheena Harrison, Feb. 13, 2012
]]>It seems like an Arkansas man is learning this the hard way. A judge presiding over his claim for workers' compensation benefits recently ruled that Facebook photos showing the man "drinking and partying" are admissible. The photos would seem to go against his claim that he is still suffering and needs further help.
]]> The man suffered a hernia in March 2009 when a refrigerator fell on him while he was working at an appliance store. He was given compensation for medical expenses and did get full disability benefits for a year.But when he applied for an extension of benefits because he had to have three surgeries for the hernia, the Arkansas Compensation Commission denied his claim. At the Kentucky Court of Appeals, his attorneys fought against the use of the photos because they had nothing to do with his medical treatment and gave no indication either way about his present physical condition, but the court decided to allow them anyway. The court's rationale was that the man claimed he was in excruciating pain, but the photos of him being active showed otherwise, so they needed to be considered as part of a full and fair examination of the available evidence.
Hopefully, when this case is over, the man will get the benefits he needs to heal completely and return to the workforce as a productive member of society. That remains to be seen, though, because as we said, photos like the ones in this case can be misinterpreted in very damaging ways.
Source: ABC News, "Court Okays Facebook Party Photos in Workers Comp Claim," Lyneka Little, Feb. 3, 2012
]]>Not far from Louisville are the famous bluegrass pastures of Kentucky's horse country. That' also the setting for a recent case involving whether a worker is entitled to workers' compensation benefits.
]]> In this case, the worker was an exercise rider who rode horses for a professional trainer. The exercise rider broke his leg when the horse he was riding rolled over on him as he was riding. He had to undergo two surgeries to get his injury fixed.The man looked to the trainer for workers' compensation benefits, but the Kentucky Court of Appeals recently held that he was not allowed to get those benefits because he was an independent contractor. The distinction here is that the trainer did not control the means by which the exercise rider was to work; the trainer was free to perform his duties however he liked, and that is more consistent with being an independent contractor than it is with being an employee.
As we said, distinctions like this are common in workers' compensation cases. If you ever experience difficulty getting workers' compensation benefits because your employer claims you are not an employee, it would be a good idea to get a second opinion from an attorney.
Source: Risk & Insurance, "Independent contractor status halts benefits for horse rider," Feb. 6, 2012
]]>Recently, a court held that a worker could not be denied vocational rehabilitation benefits because he had been found sleeping on the job (allegedly, of course). The man hurt both his knees in an accident and was able to come back to work, albeit with permanent restrictions. He was fired after a supervisor supposedly found him napping when he was supposed to be working.
]]> The company the man worked for claimed that it had fired him for just cause and so did not have to pay vocational rehabilitation benefits, but the court said the termination did not matter as much as the injury did. Essentially, it argued that the man could not lose vocational rehabilitation benefits, since they should be awarded because of his injury, not because he had lost his job.Cases concerning vocational rehabilitation benefits do not always follow these contours, but in any event, many people find it very worthwhile to engage the services of an attorney who often works with these matters. Such an attorney may be able to help you navigate the whole process of applying and could possibly help achieve a just and favorable outcome.
Source: Risk & Insurance, "Worker's sleeping on the job doesn't block vocational rehabilitation benefits," Feb. 6, 2012
]]>It's true that those are the sorts of incidents that might lead to a television news anchor seeking workers' compensation benefits, but injuries on the job are often hard to predict. Take, for example, the case of the Denver news anchor who was bitten in the face by a dog while she was live on the air. The injury occurred as she was working, so she might choose to try to seek workers' compensation benefits in the event that she is unable to return to work as she tries to recover.
]]> The news anchor was interviewing firefighters who had recently rescued the three-year-old, 85-pound Argentine mastiff after it fell through some ice and into a lake. The news anchor leaned forward to pet the dog and it responded by biting her in the face.The news anchor was rushed to a local hospital and had to undergo emergency reconstructive surgery. Although she is expected to recover, she will have to miss work for some time as she recuperates.
As we said, workplace injuries can be difficult to predict. And for injured workers, they can be even hard to recover from. Hopefully, this anchor is successful in not only her recovery, but in making sure that she does not have to bear the cost of her injury alone.
Source: Yahoo! News, "Rescued dog bites NBC anchor in the face during feel-good segment gone wrong," Dylan Stableford, Feb. 9, 2012
]]>However, Louisville workers should not automatically assume that a positive drug test will preclude a successful application for workers' compensation benefits. In Louisiana, am appeals court recently ruled that an injured worker should get workers' compensation benefits despite a post-injury drug test that showed marijuana use and Xanax consumption.
]]> In 2008, a waitress tripped on a box of potatoes and broke her wrist. Since she could not carry trays or serve food with a broken wrist, she applied for workers' compensation benefits. She was tested at the emergency room and after the results came back positive, her emergency room bill was paid for but all other benefits were denied.The appeals court, however, said she should be given full benefits since the Xanax was prescribed by a doctor for a back injury and that there was no evidence that she was intoxicated on marijuana the day the accident occurred.
Now, this story should not be read to say that you can use drugs with impunity and expect there to be no consequences. That is far from the case. Rather, the take-home lesson is that unfavorable workers' compensation decisions can be appealed and, in certain cases, won.
Source: Business Insurance, "Injured worker entitled to comp benefits despite positive drug test: Court" Robert Ceniceros, Feb. 3, 2012
]]>The good news is, there are some things to you can do to either prevent a lower back injury in the first place or else to lessen the impact of such an injury.
]]> We have often advised that the first thing you should do is see your doctor, of course. Second, check with your employer's human resources department. Many employers offer a service whereby they will look at your workstation and your work environment and make sure these things are not contributing to your pain.Second, many back pain sufferers find relief after strengthening their gluteal muscles. These muscles help stabilize your body and may take some pressure off your lower back. Good exercises for strengthening your gluteal muscles include squats and lunges. (Naturally, do not embark on a fitness program unless you have gotten the okay from your doctor to do so, since you don't want to put yourself at risk for accidentally worsening your injury).
Some people also benefit from stretching programs or yoga, although again, you do not want to start these exercise programs without first consluting with your doctor to make sure you are able to do them without any negative health consequences.
Finally, some people believe sitting on an exercise ball instead of in a chair helps them tone and strengthen their back muscles. It does not work for everyone, but it may be worth a try.
Source: Golf Digest, "Fitness Friday: A remedy for lower-back pain," Roger Schiffman, Feb. 3, 2012
]]>In fact, for some people, back pain can be so bad that they can no longer work and must seek workers' compensation benefits. And that's a bad thing, because back pain is the most commonly reported work-related injury. Obviously, back pain is no laughing matter.
]]> There are two very general types of back pain. Acute back pain goes away after a short amount of time and is usually the result of a specific injury. Chronic back pain never goes away and often gets progressively worse. It is often caused by conditions, like work conditions, if a cause can be pinpointed at all. This is an important distinction because if you are having back pain you will need to tell your doctor what you are going through and will have to describe it in as great a level of detail as possible.Second, if you are experiencing back pain, speak about it with your employer. Employers must make sure their workers are safe and healthy and most are willing to take simple steps to ensure you have a comfortable work environment.
In the end, though, that may not be enough and you could have to seek workers' compensation benefits. These benefits are meant to help workers who have been hurt on the job and either need time to recuperate or else can no longer work at all.
Source: National Institute of Neurological Disorders and Stroke, "Lower Back Pain Fact Sheet," last accessed Jan. 30, 2012
]]>The worker was cleaning some equipment in a confined space last July when the accident occurred. It is not yet known whether the machine accidentally turned on or quite how the man lost his arm, but he is said to have had to walk down a flight of stairs and across a floor to get medical help.
]]> Naturally, allowing an injury like this cannot go unpunished. The Occupational Health and Safety Administration has proposed $318,000 in fines relating to the accident, which it claims was due to Jennie-O failing to properly train the employee and failing to follow OSHA guidelines. Jennie-O, which is a unit of the larger Hormel Foods company (the maker of Spam), has 15 to protest OSHA's findings.The workers' condition is not currently known, although it is safe to say that his entire life has to change, including what he does to support himself (if he can work at all). This is why we have workers' compensation benefits. Workers who are hurt while on the job should not have to worry about how they are going to make ends meet on top of everything else.
Source: The St. Paul Pioneer Press, "OSHA cites Jennie-O Turkey Store after worker's arm severed at Barron plant," Jan. 23, 2012
]]>In fact, Louisville readers should know that carpal tunnel syndrome is the most commonly reported nerve injury in the country. It is very important that if you even have an inkling you might have carpal tunnel syndrome that you get to a doctor immediately. It can take awhile to experience pain with carpal tunnel syndrome, but once you get to a point where it is hurting, it can be very difficult to manage.
]]> To prevent you from getting to that stage, make sure that you are typing with your hands and forearms in the proper position. Your human resources department likely has a guide or instructions for proper posture.Also, consider using a wrist brace or wrist support. While these will not win you any fashion points, they would definitely be worth it if they kept you from coming down with a bad case of carpal tunnel syndrome.
Finally, if you do develop carpal tunnel syndrome, speak to your employer about it. Your employer has a duty to provide you with a safe and health workplace and he or she can likely take a few simple, inexpensive steps to help you.
Source: The Gloucester Times, "Assessing risks, effects of carpal tunnel syndrome," Joe DiVincenzo, Jan. 20, 2012
]]>But the fact is, the "everyday" injuries may count for workers' compensation purposes, too. This is because even fairly common injuries, like a back injury or injuries sustained during a fall, can prevent a worker from doing his or her job and may require medical treatment.
]]> Consider this: a recently published survey has found that the average indemnity from a workers' compensation claim in 2010 due to a fall on the job was $17,100.Workers who hurt themselves after slipping and falling are not expected to just "brush it off" and keep going. We have workers' compensation for a reason.
If you are ever hurt on the job, even if it is an injury you think is no big deal, it would be worth your time to explore workers' compensation. You may be eligible to have your medical bills taken care of and have paid time off so you can recuperate.
Workers' compensation can be a tricky field (a business is not going to give you those expensive benefits just like that, of course) so many people find it helpful to enlist in the aid of an attorney who knows the field.
Source: ABC 50, "Watertown Post Office Seeks Clear Paths for Delivery," Holly Boname, Jan. 20, 2012
]]>In some cases, the vagaries of the workers' compensation system are so confusing that applicants hire lawyers to make sure that they are doing everything properly and are being treated fairly by the system.
]]> Take the case of the woman who went on workers' compensation after she hurt her knee. This fall, she asked permission to change doctors, a privilege that is granted once. She was allowed to switch physicians, but then her physician of choice died in December.Now, the woman has been told by her state's Workers' Compensation Commission that she cannot switch physicians again, even though her former doctor is dead, because of the one-switch rule.
After the woman's plight became publicized, an executive with the commission said he should be able to get her approval to switch doctors within three to six months.
Even so, three to six months is a long time for an injured person to wait and see the doctor. While it is far from certain that you will go through rigmarole like this, it does go to show that sometimes things happen and in certain cases, these hiccups have real consequences. As we said, some people end up choosing to hire an attorney, just to make sure they are not completely at the mercy of system.
Source: KTHV-TV, "Workers' Comp won't allow Lauren Eason a new doctor, even after hers dies," Matt Buhrman, Jan. 11, 2012
]]>But the fact is, we definitely still need workers' compensation. Workers' compensation benefits can be an absolute lifeline for people who are injured on the job and need time to recover. And the fact is, programs that are meant to prevent injuries on the workplace are always a good idea, but they are not as effective as you may think.
]]> Take, for example, the Injury and Illness Prevention Program in California. (California is not Kentucky, of course, but it is worth looking at because California is such a populous state, so all of its employee-related programs are very big). A recent report from the California Commission for Health, Safety and Workers' Compensation found that the program has very little effect on cutting down on on-the-job injuries and deaths.Please do not take that to mean we should eliminate these programs. Anything we can do to spare even one person from injury is good. Instead, look at that report as continued justification for the existence of workers' compensation benefits. Of course we should do all we can to prevent injuries in the first place, but even if we do that, accidents are bound to happen and we need to make sure our fellow workers are taken care of.
Source: Business Insurance, "Calif. prevention program has little effect on worker injuries, fatalities: Report," Sheena Harrison, Jan. 16, 2012
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