Cleveland Personal Injury Lawyer - Workplace Injuries

Supreme Court Tightens Reins on Pay Discrimination Claims

Rebecca Castell — Wed, 30 May 2007 09:58:48 GMT

Today's New York Times reports that in a 5-4 decision yesterday, the Supreme Court held that employees may not bring suit under the principal federal anti-discrimination law unless they have filed a formal complaint with a federal agency within 180 days after their pay was set. This decision, which does not provide for an extension of the time frame if the worker is unaware of discriminatory pay, is about as pro-business as it can get.

The court reached this decision in a case where a woman learned that she was making significantly less than her male counterparts only after 20 years of employment with the company. The court said the delay in discovery of the pay discrimination did not alter the time frame for which the woman should have filed her formal complaint with the Equal Employment Opportunity Commission.

After a vigorous dissent by Justice Ginsburg, which she read from the bench, Justice Ginsburg invited Congress to overturn the decision, as it had 15 years ago after a series of rulings on civil rights.

Originally posted at InjuryBoard by Rebecca Castell

Recovery Beyond Workers Compensation

Paul Grieco — Fri, 18 May 2007 12:30:40 GMT

As most employees know, if you are injured while in the course and scope of your employment you are entitled to workers compensation benefits. These benefits cover your medical bills, lost wages and sometimes provide compensation for future losses, depending on the nature of the injuries. What employees should also be aware of, is if the injury incurred at work, was caused by the negligence of another, further compensation may be obtained from the negligent party.

For example, if a delivery driver or salesman is in route to a customer and is involved a car crash caused by the negligent driving of another, the negligent driver may be held responsible . Since the crash took place while in the course and scope of employment, a valid workers compensation claim may be filed. However, a claim against the driver who caused the crash may also be filed-seeking compensation for injuries caused in the crash. If you are injured while on the job, make sure you pursue all your applicable rights. If you are not sure who is responsible and how to protect yourself, contact your attorney. Remember there are specific time limitations as to when claims may be filed, so make sure you know your rights.

Originally posted at InjuryBoard by Paul Grieco

Employers That Provide Blackberries to Employees Must Prohibit Texting While Driving or Face Liability

Jack Landskroner — Sat, 24 Mar 2007 22:32:05 GMT

The Workers Comp Insider Blog raises a very interesting and concerning work related issue in its posting March 16, 2007 concerning employee use of Blackberry or cellular devises and the practice of texting while driving.

As if we don't have enough distractions as we hurtle ourselves from Point A to Point B in four ton vehicles, we read that DWT - driving while texting - has become an issue of sufficient magnitude to warrant legislative intervention.

Unfortunately, there have already been deaths that appear to have resulted from this practice.

The "Insider" discusses how the UK has taken significant strides to proactively eliminate this practice by passing legislation which makes it an aggravating factor constituting criminal conduct if an accident results while a phone or PDA device is being used while driving. Some states in the US, including Washington, appear to be moving in that direction.

The bottom line is that employers that provide cell phones, blackberry devices or other technology to drivers to be used on the road, must make sure that employees are not expected to utilize these devices while operating a vehicle and moreover, have a policy prohibiting the same or responsibility for injuries to the employee and innocent third parties will fall to them.

Originally posted at InjuryBoard by Jack Landskroner

Worker Pulled From Collapsed Trench Lucky to Survive

Jack Landskroner — Thu, 22 Mar 2007 11:34:21 GMT

An Akron area man was flown to MetroHealth Medical Center in Cleveland Wednesday after being buried to his waist in mud for more than two hours after a trench collapsed. The worker, Malcolm Ferguson, 51, of Akron, suffered broken bones in his lower leg, and possibly a large-bone break, Reminderville, Ohio fire officials said.

Trench collapses can be deadly and are usually caused by a failure to properly supports the trench walls. OSHA regulations apply to trench work and employers have a responsibility to make sure that employees are not exposed and required to work in unstable trenches. Obviously, there is catastrophic danger that can occur when there is a collapse. Broken bones, traumatic brain injury, suffocation and death are all very real risks that employers are obligated to protect their employees from when working in this setting.

Originally posted at InjuryBoard by Jack Landskroner

BP Lacking Necessary Safety Precautions for Employees

Rebecca Castell — Tue, 16 Jan 2007 15:44:44 GMT

Following a two year investigation of BP's refineries in 5 states, a safety panel headed by former Secretary of State James Baker determined that BP lacked important workplace safety measures and had a general lax attitude towards the safety of its employees. The safety investigation was prompted by the explosion in Texas City, Texas which killed 15 and injured 170. While the panel couldn't point to any specific instances where BP willfully put its workers at risk, it did determine that BP took short cuts to increase efficieny. These short cuts ultimately put the workers at risk.

The panel has recommended that BP increase its safety measures and encourages an independent review of BP's plants for the next five years. BP's CEO has agreed to implement the panel's recommendations in all 23 of its refineries.

The question here is why did it take 15 deaths for a major company like BP to be held responsible for its cost (safety) cutting measures? Companies with resources such as BP are the most able to implement appropriate safety precautions and should be responsible to the point of setting the bar to smaller companies. This panel has pointed out how both industry and the government often looks away, choosing only to see the big profit margins the company makes.

Originally posted at InjuryBoard by Rebecca Castell

Worksite Falls Lead to Certain Disaster

Jack Landskroner — Wed, 03 Jan 2007 01:03:06 GMT

Injuryboard attorney Thomas J, Methvin recently blogged on the topic of fall hazards at residential construction sites. Without question this is one of the greatest safety concerns present on a jobsite and one of the leading causes of death or disabling injury in the workplace.

In 2004, the Bureau of Labor Statistics (BLS) reported that 1,224 construction workers died on the job, with 36 percent of those fatalities resulting from falls. Events surrounding these types of accidents often involve a number of factors, including unstable working surfaces, misuse of fall protection equipment, and human error. Studies have shown that the use of guardrails, fall arrest systems, safety nets, covers, and travel restriction systems can prevent many deaths and injuries from falls.

What is certain is that when a worker is involved in a fall on a jobsite it leads to almost certain disaster. We have handled a number of fall cases for our clients including, defective scaffolding cases, cell tower fall cases, bucket truck and tanker truck fall cases, ladder fall cases and even an unguarded elevator shaft fall case. In each of these instances, the injuries to our clients resulted in serious and debilitating injury including traumatic brain injury or wrongful death.

Workplace falls can be reduced or virtually eliminated when proper safety precautions are undertaken. Training, instruction, inspection, warning, safety equipment and enforcement are all necessary elements of a successful safety program. Absent these protocols, any employer requiring its employees to work at heights in the workplace is placing them at certain risk.

Originally posted at InjuryBoard by Jack Landskroner

Open Season on Injured Workers?

Justin Madden — Tue, 07 Nov 2006 16:56:25 GMT

With the hunting season nearing full swing, is it open season on injured workers?

Apparently school districts have annoucned that injured teachers and school employees are costing the districts too much in workers compensation claims. A determined effort will be made, apparently, to compel injured school employees to do other jobs until they are able to return to their regular job, or to cajole injured employees to return to work immediately, regardless of whether they are healed.

Does this make sense? Is it fair to assume that every person injured on the job is probably exaggerating and cheating? It would appear that injured workers can expect to be hounded and harrassed until they either quit or drag themselves back to their job, healed or not healed.

The school administrators might save substantial costs if they regularly inspected their buildings, premises, and policed their hallways and classrooms to be sure that the premises are in a safe condition for the safety of not only the school employees, but the students as well. It might be refreshing for an administrator to actually try and prevent an injury, instead of pre-judging an injured employee.

Originally posted at InjuryBoard by Justin Madden

Ohio's Scandals Plague Injured Workers

Justin Madden — Thu, 26 Oct 2006 14:32:52 GMT

Injured on the job? Most workers believe that if they are injured on the job, they will be taken care of under workers compensation system. In Ohio, that may not be such good news.

Under the scandal plagued Taft administration, injured workers in Ohio's workers compensation system are now overseen by CareWorks of Ohio, a highly politically connected company that may not have the best interests of the injured worker at heart. Many believe that CareWorks of Ohio has a conflict of interest and may be double dipping, but beyond that, critics are concered that injured workers are not getting the quality and frequency of treatment that they are entitled to, and this may be due to CareWorks' manipulation of the system.

In this shady scenario, injured workers in Ohio should strongly consider having a lawyer fight for their rights under the workers compensation laws, but also examine their injury to see whether another non-employer defendant may be responsible for the injury.

Originally posted at InjuryBoard by Justin Madden

Nearly 6000 Workplace Fatalities Plague the Nation in 2005

Jack Landskroner — Wed, 23 Aug 2006 09:45:28 GMT

The Bureau of Labor Statistics has issued its report on workplace fatalities for 2005. The total number of deaths (5,702) is down a fraction from the previous year's 5,764. While 64 fewer people died on the job-site last year than the year before, and that is a blessing, the number is statistically insignificant when looking at the the 143 million participants in the workforce.

In some respect any decrease is surprising given the Bush Administration's adverse approach to encroaching on big business to enforce workplace safety and in consideration the repeal of the OSHA standards which were put into effect by former President Bill Clinton on January 16, 2001 following 10 years of studies and hearings. The overturning of these standards underscored the reactionary social agenda which has been pushed by the Bush administration, which includes huge tax breaks for the wealthy and a push to lift virtually all restrictions of the ability of big business to exploit the working class.

The safety regulations overturned covered 102 million workers in 6.1 million workplaces and required employers to inform workers about common injuries and hazards and refrain from taking punitive measures against those reporting injuries or dangerous working conditions.

According to the 2005 report:

- If you're going to die at work, it's still most likely to happen on the highway.
- In construction, falls kill more people than anything else. Laborers die at higher rates than workers in the other trades.
- Men comprise 54% of the workplace and 93% of the fatalities.
- Women have a higher rate of death in two areas: on the highway and as the victims of homicide.
- Despite the secretary's reassurances, 917 Hispanics and Latinos died at work in 2005. That's 16 per cent of the fatalities for a group that comprises about 13 per cent of the workforce.
- The most dangerous occupations are fishing, logging and airline pilots - the high fatality rates a combination of high danger and relatively low total numbers in the workforce.
- Among more common occupations, drivers/sales/trucking is the most dangerous, followed by agricultural workers and construction laborers.

The bottom line is too many people die preventable deaths each year in the workplace. Employers that sacrifice the health and safety of their employees for profit must be held accountable. Employees must not be afraid to stand up to protect their own by reporting safety violations that are observed in the workplace, even when faced with the threat of being fired for coming forward. After all, if workers cannot rely on their employers to keep them safe then they must rely on each other or the next death may be that of a co-worker or their own.

Originally posted at InjuryBoard by Jack Landskroner

OSHA Protects Workers From Workplace Injury

Jack Landskroner — Wed, 09 Aug 2006 22:50:55 GMT

The main statute protecting the health and safety of workers in the workplace is the Occupational and Safety Health Act (OSHA). Unfortunately, many employers shortcut OSHA standards exposing their employees and 3rd party contractors to significant increased risk of harm and workplace injury while on the business premises.

Under OSHA, The Secretary of Labor may authorize inspections of workplaces to ensure that regulations are being followed, examine conditions about which complaints have been filed, and determine what regulations are needed. If an employer is violating a safety or health regulation a citation is issued. Yet it is not feasible or realistic to expect OSHA to have representative on a business premises at all times. Correspondingly, when the cat is away the mice will play and workers get injured.

The Occupational Safety and Health (OSH) Act of 1970 also requires covered
employers to prepare and maintain records of occupational injuries
and illnesses. This history often provides the necessary foundation establishing the basis for a claim for employment intentional tort. A prior history of repeat injuries on a work-site suggests there might be a problem. Many states generally require knowledge by the employer, to a substantial certainty that an employee is likely to be injured from the dangerous operation or procedure in the workplace. Other similar incidents suggest such knowledge. Correspondingly, OSHA records may also contain statements made by management during an inspection or investigation which suggest the intent necessary in some states to overcome the workers compensation bar to suing an employer directly.

Yet even without prior OSHA violations, where an employee can show that an employer knowingly exposed its workers to harm, a claim may exist for employment intentional tort against the employer when an injury occurs. Such conduct by an employer suggests profits over safety which should not and can not be tolerated in 2006 in the United States of America.

Originally posted at InjuryBoard by Jack Landskroner