Tag Archives: death

Workers Risk Injury During Holiday Shopping Season

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

The day after Thanksgiving, or Black Friday as it is known, is anticipated by millions of Americans as a fun holiday shopping tradition that marks the beginning of the Christmas season. But crowded stores and the hunt for bargains can create hazards for shoppers and retail workers. For example, in 2008, a Wal-Mart employee was trampled to death outside a store in New York City.

But leaving aside the extreme examples of hazards, the holiday shopping season poses many less-publicized risks to retail workers.

The first risk posed to holiday workers, especially on a day like Black Friday, is the additional risk of injuries on overnight shifts. The National Institutes of Health reported that the risk of injury on an overnight shift is 30 percent higher than during a day shift. That same report also quoted a British report that showed that work injuries increased exponentially for every hour worked in a shift after eight hours. This is a risk when employees work long hours over the Black Friday weekend and when employees, many who are working another job, come to their holiday jobs after they have already worked a full day. Finally, new and temporary employees, including many holiday workers, face a higher risk for injury.

Today marks the so-called Cyber Monday, when shoppers traditionally place online orders. Online shopping has increased the need for delivery drivers. Delivery driving can be a hazardous job, due to lifting and the risk of motor-vehicle accidents. The risk of delivery driving is compounded by the fact that many delivery drivers are misclassified as independent contractors, so they lack protections like workers’ compensation. One recent story from The Indpendent out of the U.K. revealed that contract delivery drivers for Amazon.com were paid less than the minimum wage and were forced to urinate and defecate in their vehicles to make their deliveries in a timely manner.

Holiday workers face all of these risks for pay that is generally low. Plus, if an injury from a temporary holiday job prevents a person from working their regular, full-time job, that employee faces difficult issues maintaining both employment and benefits with the main, full-time employer.

If there is anything positive about the coverage of Black Friday, it’s helpful that workplace violence among low-wage workers gets covered. Among the most vulnerable to violence are convenience store clerks working overnight shifts. The Indiana Department of Labor did a study that showed 32 convenience store clerks were killed on the job in 2010. Last summer, a clerk was shot at a northwest Lincoln Kwik Shop, here in Nebraska. That murder was covered as a crime story here in Lincoln. However, that murder and the murders like it all across the country should also be covered as workplace-safety stories.

Keep Ag Worker Safety in Mind this Harvest Season

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

As harvest kicks off on the Great Plains, please take the time to be safe and make sure you understand the safety policies of your business, whether you’re a worker, a supervisor, or the employer.

The information and resources below are a sometimes-stark reminder of the need for safety all year when it comes to agricultural jobs, especially at harvest, when long hours and the urgency of the time available all affect a person’s decision-making abilities.

First, here’s a summary of a news release from the Occupational Safety and Health Administration investigation that was the result of an elevator supervisor’s death in a soybean bin in March of this year. Sympathies go to the “41-year-old elevator superintendent’s” loved ones. This person’s death is especially tragic because Cooperative Producers Inc. has been cited seven times since 2011 for grain handling safety violations. This most recent violation resulted in a proposed fine of $411,540 and also earned the Hastings, Nebraska-based company a spot in OSHA’s Severe Violator Enforcement Program.

In this most recent incident, the worker was with two others in a soybean bin, and he “suffocated when his lifeline tangled in an unguarded and rotating auger,” according to the news release.

“OSHA investigators determined three workers, including the elevator superintendent, had been standing over the unguarded auger using a pole in an attempt to dislodge soybean debris in a grain bin that contained more than 50,000 bushels of soybeans sloped 12 to 20 feet up its walls.

“During its investigation, the agency found CPI failed to:

  • Disconnect a subfloor auger before allowing workers to enter.
  • Test atmospheric conditions in grain bins before allowing workers to enter.
  • Implement procedures to prevent sudden machine start-up or unintentional operation, a process known as lockout/tagout.
  • Install adequate machine guarding to avoid contact with moving parts.”

The Nebraska State Patrol on Twitter at @NEStatePatrol recently shared a news release that focused on being even more careful and aware of other vehicles than usual, which was the other motivation for today’s blog post.

Harvest is really ramping up just in time for the days to get shorter and machinery operators to be traveling to and from the fields at hard-to-see hours, especially dawn, dusk and at night. In addition, with the school year starting recently, more inexperienced drivers are driving with school permits on rural roads and might not be able to react as quickly as other drivers would anticipate.

“Combines, grain carts, tractors, and other agricultural implements typically travel at slower speeds,” according to the patrol’s news release. “Due to their dimensions and loads, operator visibility is often reduced. Motorists are reminded to be aware and utilize caution when approaching, following or passing farm vehicles.

“‘Harvest time means tall crops and often limited visibility at rural intersections,’” said Colonel Brad Rice, superintendent of the Nebraska State Patrol in the news release. “‘Motorists should also be aware of the possibility of wildlife moving around due to the increased activity in the fields.’”

Here are some of the firm’s previous blog posts with additional resources about agricultural jobs and workers’ compensation, grain-handling safety, and harvest.

Please take the time during harvest, and all of the time, to know and follow safety policies and procedures in agricultural jobs. If you’re an employer or manager, it is essential that workers are trained in and implement safety efforts, regardless of the hustle and bustle of the season, harvest or otherwise.

Make sure to contact an experienced workers’ compensation lawyer if you or a loved one has questions about a work-related incident or injury.

In Complicated Times, Police Who Risk Their Lives Still Need Support

Today’s post comes from guest author Edgar Romano, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Last week was a very bad one for police officers across the country, starting with the separate police shooting of two unarmed men. These shootings – days apart in different parts of the country – sparked widespread outrage and protests throughout the country. 

While the investigation continues into the circumstances surrounding these civilian shootings, video evidence suggests the outrage over these shootings appears to be justified. The week ended with the assassination of five police officers in Dallas who were providing protection to citizens engaged in a peaceful protest over the shootings of the unarmed men. The gunman indicated he had killed the police officers in retaliation for the shooting deaths. This was the worst loss of life for the police department since September 11, 2001.  Additionally, seven police officers were injured in the attack.

These horrific events highlight the difficult job that police face every day. While not all police officers are perfect (in fact, who amongst us is?), most don’t begin their shifts with the mindset that they are going to kill a civilian. Most see their role as keeping the peace and protecting citizens. They do, however, wonder many times whether they will make it through their shift safely and return home to their loved ones.    Unfortunately, they are not always immune to death and injury.   

As an attorney who has represented many law enforcement officers injured on the job, I know the majority of them receive medical treatment and may have a period of convalescence, but then are able to return to work. However, some sustain serious and career-ending injuries. Most police officers in New York City and Long Island are likely a member of a Civil Service Retirement System. If so, and they become permanently disabled from performing their specific job duties, they may be eligible for a life-long disability pension.

There are many pension systems in the state, all with different applications, rules, procedures, and guidelines. Each disability pension has its own statute of limitations and guidelines for eligibility. There are different pensions available, ranging from one-third to three-quarters. Just because you were injured on the job does not mean you are automatically entitled to the three-quarter pension, which would enable you to receive 75% of your previous year’s earnings. 

Although not always relevant, how police officers are injured on the job can impact whether they are entitled to a three-quarter disability pension. Additionally, just because they were injured while working does not automatically mean they are entitled to a three-quarter disability pension. Factors that get taken into account are issue of causation, medical evidence from the officer’s own doctor, and the retirement system’s medical board. It is not always an easy process for our law enforcement personnel to receive reasonable retirement benefits, but it should be. Day in and day out, they protect the citizens of our cities and our states, putting their own lives at risk simply because they are dressed in blue. 

There is a huge spotlight this week on police, and rightfully so, as there is so much mistrust and anger regarding the recent events. There needs to be an honest, open dialogue where those aggrieved are given the opportunity to be heard without fear of reprisal, just as the police department needs to be given the opportunity to have investigations completed before a rush to judgment. While the majority of police officers are honest and hardworking, those who fail to uphold their oath should be punished.

Police officers are sworn to protect and serve; they run toward trouble when we run away from it. They patrol neighborhoods that are dangerous, riddled with crime, where we are taught to avoid them. They put their lives on the line every day, knowing they might never return to their families. Yes, this has been a very tough week. Let’s hope that future discussions help bridge the gap between our police and the citizens they are sworn to protect.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy  Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

OSHA Investigates October Incident; Also Focuses Efforts on ‘High-Hazard Manufacturing Industries’

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

The U.S. Labor Department’s Occupational Safety and Health Administration recently highlighted two news releases that are related to or will affect workplace safety, workers’ injuries, and workers’ compensation in both Iowa and Nebraska. These two states are in OSHA’s Region 7, along with Kansas and Missouri.

OSHA’s news release on Jan. 14 focused on an incident where a Nebraska worker fell more than 20 feet and died in October of last year. The worker had been employed for Custom Contracting Inc., of Lincoln, for just two weeks, according to the news release from OSHA.

There was no fall protection provided to the workers at their construction site, and “the agency also found the company failed to train workers to:

  • “Recognize fall hazards.
  • “Render first aid.
  • “Operate powered industrial vehicles.

“In addition, guard rails were not installed on open sides and ends of platforms to prevent falls, and lift trucks were found to be modified without manufacturer’s approval,” according to the website.

OSHA proposed penalties of $36,000.

“Fatal incidents like these are entirely preventable. They have tragic consequences for the victims, their families, and their communities,” said Jeff Funke, OSHA’s area director in Omaha, as quoted in the news release. “Construction industry employers must protect workers from falls, which continue to be the leading cause of worker’s death in the construction industry.”

In the second news release from OSHA that I’d like to discuss, a regional emphasis has been announced this is focusing on “high-hazard manufacturing industries” in Nebraska, Kansas and Missouri.

“The increased likelihood that workers in high-hazard manufacturing industries – such as food, furniture, fabricated metal, nonmetallic mineral, machinery and computer products – will be injured on the job is leading federal safety and health inspectors in three Midwestern states to increase its focus on industry outreach and inspections to reduce injury and illness rates,” according to the news release from OSHA.

This “region-wide emphasis program” is expected to last three months and includes “outreach and education to assist employers” to decrease hazards “and increase the probability of inspections at establishments in high-hazard industries with more than 10 employees and those that have not had a comprehensive inspection since 2011.”

If you or a loved one are involved in an incident at work that results in an injury or death, please contact an experienced workers’ compensation lawyer. This person should also be able to help report your concerns to OSHA as applicable.

Improving Construction Safety – A Path Reducing Unnecessary Injuries And Deaths

Partner Chris Latham Supports Construction Site Safety At City Hall Rally

Today’s post comes from guest author Catherine Stanton, from Pasternack Tilker Ziegler Walsh Stanton & Romano.

As an attorney who has represented thousands of injured workers in my career, I have seen first hand some of the serious and deadly injuries that occur in the construction trade. Last year I wrote a blog on the construction trades and discussed a report issued by the New York Committee for Occupational Safety and Health (NYCOSH) claiming that while the construction industry employs less than 4 percent of New York’s workers, it claims nearly one-fifth of work-related deaths – making it the deadliest industry in the state. The report went on to mention that half of the fatalities were immigrant workers who did not have the protection of unions. Unfortunately, the past year has not seen any major improvements.    Injuries at construction sites are up 78 percent this year alone and there have been 16 deaths, mostly immigrant, non-union workers.  

The New York Times published an investigation on construction fatalities and noted that an increase in construction and the urgency to finish projects quickly has resulted in shortcuts and inadequate training for workers. Many of these workers have not been properly instructed or lack adequate supervision and are more likely to be injured or killed. The unions maintain that if these job sites were staffed with union trades, there would be a noticeable decrease in injuries and death. Those who are new to the union, called apprentices, work under the supervision of those who are senior and more experienced. While union projects may cost more than non-union jobs, unions point to the increase in accidents and deaths as a direct result of non-union contractors putting profits ahead of safety. 

If you work in downtown Manhattan you probably saw or heard about the Rally for Workplace Safety held on December 10. Thousands of construction workers united in a massive protest outside City Hall calling for safer work sites, better working conditions for construction workers, and union protection.  So many different trades were on site, all with the purpose of calling attention to unsafe workplace issues. My brother in law, a steam fitter who was present during the rally, noted that there was a procession with 17 coffins that represented the 16 who have already died, and one for the next unlucky worker. Before the protest, a hard hat was placed at the site of where each one of these workers perished.

Fortunately, there are some positive steps being taken. Councilman Rory I. Lancman of Queens has introduced a bill to compel the Buildings Department to report safety violations to the Occupational Safety and Health Administration (OSHA). Additionally, Councilman Corey Johnson of Manhattan, on his website noted that he is supporting legislation that would require workers at buildings taller than 10 stories to pass mandatory apprentice training overseen by unions.  

While construction trades will never be 100 percent safe, they most definitely can be safer.  These protests and legislation are a small but positive step in trying to decrease the likelihood of unnecessary injuries and death.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

1,00 Walmart, J.C. Penney, And The Children’s Place Employees Dead After Building Collapse

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

On April 24, 2013, an eight-story factory, known as The Rana Plaza, in Bangladesh came tumbling down killing 1,100 workers and leaving 2,500 injured. This number includes workers and their children that were in the onsite nursery at the time the building collapsed. The most disturbing part is that the employers knew that the building was unsafe before it collapsed. In fact, the day before the accident, the building was evacuated due to structural cracks that could be seen throughout the building. The next day workers were ordered to return to work as usual.

In a complaint filed July 21, 2015 family members of some of the employees who were killed claim that the building’s owner failed to comply with the building codes that could have prevented the deaths of so many innocent workers. The plaintiffs in the suit are seeking compensatory and punitive damages for negligence and wrongful death.

The plaintiffs claim that the reason that the retailers could supply “garments at such a low cost was because the subcontractors often operated substandard and unsafe factories which put garment workers at significant risk of severe personal injury or death.” A few of the U.S. based employers that were located in this building are Wal-mart, The Children’s Place and J.C. Penney.

Read more here: http://www.courthousenews.com/2015/07/24/retailers-sued-over-2013-building-collapse.htm

Original Article posted on WorkersCompensation.com.