Safe Workplace and Safety News
This is the safety news blog for the Safe Workplace web site. We cover workplace safety related news with a focus on how safety, or a lack of safety, impacts employers, employees and their families. We also cover topics such as safety training, safety tools, and legal issues related to safety. For regular safety news and information enter your email address in the box above the Subscribe button to the right (then click on the button).
Thursday, November 05, 2009
Be Careful About Hiring Obese People
Yesterday's edition of the Kansas City Star includes an article titled "Obesity becomes a workers’ comp complication". It describes situations in which workers were injured had weight loss surgery paid for by worker's comp.
One of the examples in the article states:
"...the Oregon Supreme Court said an employer must pay for surgery for an employee who suffered a workplace knee injury — not for knee replacement but for a weight-loss procedure. Decisions like those are causing employment law attorneys and human resource consultants to send an alert..."
Read the entire article here.
One of the examples in the article states:
"...the Oregon Supreme Court said an employer must pay for surgery for an employee who suffered a workplace knee injury — not for knee replacement but for a weight-loss procedure. Decisions like those are causing employment law attorneys and human resource consultants to send an alert..."
Read the entire article here.
Labels: hazard prevention, Industrial Health, Workers' Comp
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Thursday, September 24, 2009
Obese Workers’ Comp Claims Far Exceed Slimmer Employee Costs
An article in the online edition of National Underwriter reports on a recent study done by the National Council on Compensation Insurance (NCCI) that shows the Workers Compensation costs for obese workers exceed those for other workers by up to a level of being 5.3 times more costly. The article reports that:
..."obese claims are 2.8-times more expensive than non-obese claims at the 12-month maturity, but this cost difference climbs to a factor of 4.5 at the three-year maturity and to 5.3 at the five-year maturity."
Read the complete article on the National Underwriters web site.
The NCCI announce about the study reports:
"There is increasing evidence that obesity contributes to the cost of medical care in workers compensation, and that this contribution is significant in magnitude. For instance, a recent study of workers compensation claims of Duke University employees shows that, for the morbidly obese, the medical costs per 100 full-time equivalent employees are nearly seven times as high as for employees of recommended weight. "
More detailed information, and a complete report on the study is available on the NCCI web site.
Past Blog Postings:
Obesity Rates Take Toll On Employers
Preventing Worker Foot Injuries
Older Workers Mean Greater Safety & Productivity
..."obese claims are 2.8-times more expensive than non-obese claims at the 12-month maturity, but this cost difference climbs to a factor of 4.5 at the three-year maturity and to 5.3 at the five-year maturity."
Read the complete article on the National Underwriters web site.
The NCCI announce about the study reports:
"There is increasing evidence that obesity contributes to the cost of medical care in workers compensation, and that this contribution is significant in magnitude. For instance, a recent study of workers compensation claims of Duke University employees shows that, for the morbidly obese, the medical costs per 100 full-time equivalent employees are nearly seven times as high as for employees of recommended weight. "
More detailed information, and a complete report on the study is available on the NCCI web site.
Past Blog Postings:
Obesity Rates Take Toll On Employers
Preventing Worker Foot Injuries
Older Workers Mean Greater Safety & Productivity
Labels: Industrial Health, Industrial Safety, Workers' Comp
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Tuesday, August 11, 2009
Does A Worker's Injury While Battling Vending Machine Merit Benefits?
During normal work time (not on a break), on behalf of another employee, an employee injured his hip trying to free a purchase from a vending machine. Was this injury sustained within the scope of the employee's employment? Should he receive worker's comp benefits?
The injury happened in Illinois where there is a good Samaritan doctrine. That doctrine says that if in the course of a person's job someone is injured while aiding another employee, and if that action was reasonably foreseeable, then compensation should be paid under worker's comp.
Here is the story from Risk & Insurance Online (read the complete article):
"The employee injured his hip when he lunged at a vending machine with his right shoulder and hip. The employee was helping a coworker whose purchase got stuck in the machine. The facts did not fit squarely within the personal comfort doctrine because the employee was not seeking refreshment for himself and he was not on a break. However, the Illinois Appellate Court found the injury was compensable under the good Samaritan doctrine."
Related past posts:
Actual Workplace Injury Rates
Stress Of Injury Claim Results In Man's Death
Doctors Feel Push To Downplay Injuries
The injury happened in Illinois where there is a good Samaritan doctrine. That doctrine says that if in the course of a person's job someone is injured while aiding another employee, and if that action was reasonably foreseeable, then compensation should be paid under worker's comp.
Here is the story from Risk & Insurance Online (read the complete article):
"The employee injured his hip when he lunged at a vending machine with his right shoulder and hip. The employee was helping a coworker whose purchase got stuck in the machine. The facts did not fit squarely within the personal comfort doctrine because the employee was not seeking refreshment for himself and he was not on a break. However, the Illinois Appellate Court found the injury was compensable under the good Samaritan doctrine."
Related past posts:
Actual Workplace Injury Rates
Stress Of Injury Claim Results In Man's Death
Doctors Feel Push To Downplay Injuries
Labels: Workers' Comp
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Tuesday, August 04, 2009
Company Events Can End Up As Workers' Comp
The Des Moines Register reports on a Cedar Rapids press operator who was injured while bowling with his 14-year old daughter and received $100,000 in benefits. The article states the benefits were paid:
"...because Powell's employer had arranged and paid for Powell's bowling as part of what it called a Family Fun Fest for the company's workers. The case is similar to many others in which companies have had to pay benefits for workers injured or killed in company-sponsored recreational events that were intended to enhance employee health or morale."
Read the entire article.
Related Past Posts
Compelling Safety Video
OSHA Identifies Workplaces With High Injury Rates
Older Workers Mean Greater Safety & Productivity
"...because Powell's employer had arranged and paid for Powell's bowling as part of what it called a Family Fun Fest for the company's workers. The case is similar to many others in which companies have had to pay benefits for workers injured or killed in company-sponsored recreational events that were intended to enhance employee health or morale."
Read the entire article.
Related Past Posts
Compelling Safety Video
OSHA Identifies Workplaces With High Injury Rates
Older Workers Mean Greater Safety & Productivity
Labels: Workers' Comp
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Friday, July 17, 2009
Failure To Prove Employer Knowledge Of Injury Dooms Worker's Comp Claim
The Idaho Supreme Court ruled last week that a records clerk's claim for worker's comp. benefits would not be allowed because she failed to show that her employer had actual knowledge of her injury.
Idaho law requires that a psychological injury resulted in "violence to the physical structure of her body" and that the employer knew about the physical injury. A former records clerk was investigated for a payroll discrepancy and suffered PTSD as a result. Two years later the psychiatrist who diagnosed her found physical brain damage as a result of the PTSD. However, the court denied the claim because her employer was not aware of the physical damage.
Read the complete story in Risk and Insurance Online magazine.
Previous Blog Posts
OSHA Identifies High Risk Workplaces
OSHA Reminds Employers To Post Injury and Illness Summaries
Older Workers Mean Greater Safety & Productivity
Idaho law requires that a psychological injury resulted in "violence to the physical structure of her body" and that the employer knew about the physical injury. A former records clerk was investigated for a payroll discrepancy and suffered PTSD as a result. Two years later the psychiatrist who diagnosed her found physical brain damage as a result of the PTSD. However, the court denied the claim because her employer was not aware of the physical damage.
Read the complete story in Risk and Insurance Online magazine.
Previous Blog Posts
OSHA Identifies High Risk Workplaces
OSHA Reminds Employers To Post Injury and Illness Summaries
Older Workers Mean Greater Safety & Productivity
Labels: Industrial Health, Workers' Comp
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Monday, May 18, 2009
Texas House Narrowly Approves Workers’ Compensation Bill
The bill that passed the Texas House last week allows some workers, who are covered by Worker's Comp., to also sue the work site owner for negligence or to obtain additional compensation for an on-the-job injury.
A Houston Chronical article explains that this change applies to contract workers. It states "The bill by Rep. Helen Giddings, D-Dallas, changes the Labor Code to clarify that plant owners aren’t immune from lawsuits merely because they buy workers’ comp coverage for their contracted workers."
You can read the entire Houston Chronicle article here.
The Southeast Text Record also reported on this providing some background information. They said:
"Last month, the state Supreme Court considered whether a contract employee injured at a work site can sue the site owner for negligence if the owner has workers' compensation insurance."
"On April 3, the court decided that the worker did not have the right to sue because the law does not explicitly prohibit a work site owner like Entergy from being considered a general contractor. General contractors are protected from workplace injury suits."
A Houston Chronical article explains that this change applies to contract workers. It states "The bill by Rep. Helen Giddings, D-Dallas, changes the Labor Code to clarify that plant owners aren’t immune from lawsuits merely because they buy workers’ comp coverage for their contracted workers."
You can read the entire Houston Chronicle article here.
The Southeast Text Record also reported on this providing some background information. They said:
"Last month, the state Supreme Court considered whether a contract employee injured at a work site can sue the site owner for negligence if the owner has workers' compensation insurance."
"On April 3, the court decided that the worker did not have the right to sue because the law does not explicitly prohibit a work site owner like Entergy from being considered a general contractor. General contractors are protected from workplace injury suits."
Labels: politics, safety management, Workers' Comp
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Friday, May 08, 2009
Injury That Occurs While Buying Cake May Be Compensable
If an employee injures themself while doing personal activities while at work, is that covered by Worker's Compensation? The California Court of Appeal says that it is.
A Costco employee purchased a cake at Costco for her sister. When she went to the Costco bakery to picked up the cake, she slipped and fell injuring herself. Costco denied reimbursement for her knee surgery, on the basis that she was engaged in a personal activity not a work related activity.
Risk & Insurance magazine reported on the court decision, saying:
"The court determined that retrieving the cake was more than a personal convenience. The claimant was simultaneously providing a financial benefit to the store in furtherance of the store's business activities. The court stated that according to the state's "dual purpose doctrine" when an employee combines her own business with that of the employer or attends to both at substantially the same time, the court will not make an inquiry into which business the employee was actually engaged in at the time of injury, unless it clearly appears that neither could be serving the employer."
Read the complete article.
A Costco employee purchased a cake at Costco for her sister. When she went to the Costco bakery to picked up the cake, she slipped and fell injuring herself. Costco denied reimbursement for her knee surgery, on the basis that she was engaged in a personal activity not a work related activity.
Risk & Insurance magazine reported on the court decision, saying:
"The court determined that retrieving the cake was more than a personal convenience. The claimant was simultaneously providing a financial benefit to the store in furtherance of the store's business activities. The court stated that according to the state's "dual purpose doctrine" when an employee combines her own business with that of the employer or attends to both at substantially the same time, the court will not make an inquiry into which business the employee was actually engaged in at the time of injury, unless it clearly appears that neither could be serving the employer."
Read the complete article.
Labels: employment, Workers' Comp
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Friday, May 01, 2009
Couple Jailed This Week In The Largest California Workers Comp. Scam
The Dana Point Times headlines this story with:
"HUSBAND AND WIFE ARRESTED AND CHARGED WITH CALIFORNIA'S LARGEST PREMIUM INSURANCE FRAUD SCAM FOR COMMITTING $38 MILLION IN FRAUD AND SPENDING HIDDEN INCOME ON LAVISH LIFESTYLE"
By providing false employee and payroll records, submitting false injury claims, and not fully reporting their income for income tax purposes, Michael Vincent Petronella and his wife Devon Lynn Kile had a lavish lifestyle that included five properties in California and Texas, a Bently, two Ferraris, and expensive jewelry, shoes and clothes.
The Dana Point Times describes how the scam started to come apart. Here is what they reported:
"Petronella and Kile own three businesses including Petronella Corporation, Western Cleanoff, Inc., and The Reroofing Specialists, Inc. The businesses are located in Costa Mesa and Cathedral City, Riverside County."
"HUSBAND AND WIFE ARRESTED AND CHARGED WITH CALIFORNIA'S LARGEST PREMIUM INSURANCE FRAUD SCAM FOR COMMITTING $38 MILLION IN FRAUD AND SPENDING HIDDEN INCOME ON LAVISH LIFESTYLE"
By providing false employee and payroll records, submitting false injury claims, and not fully reporting their income for income tax purposes, Michael Vincent Petronella and his wife Devon Lynn Kile had a lavish lifestyle that included five properties in California and Texas, a Bently, two Ferraris, and expensive jewelry, shoes and clothes.
The Dana Point Times describes how the scam started to come apart. Here is what they reported:
"Petronella and Kile own three businesses including Petronella Corporation, Western Cleanoff, Inc., and The Reroofing Specialists, Inc. The businesses are located in Costa Mesa and Cathedral City, Riverside County."
"In March 2006, an employee of Petronella fell from a roof and sustained injuries. A payroll stub was submitted to SCIF listing his employer as Western Cleanoff, Inc., which SCIF did not insure. SCIF reported the suspected fraudulent claim to the OCDA and DOI. Following a 2-year investigation by the OCDA with assistance from several agencies, Petronella and Kile were arrested at approximately 7:00 a.m. yesterday, April 29, 2009, at their Laguna Hills home."
Click here to read the entire article.
Click here to read the entire article.
Labels: safety fraud, Workers' Comp
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Monday, May 12, 2008
Stress Of Fight To Prove Injury Claim Blamed For Man's Death
The Globe and Mail (Canada) reports on the death of Jeff Thompson in last Saturday's edition. Mr. Thompson was injured in a workplace accident in 2004. He died from a bleeding ulcer on February 10th of this year. The article reports that his family claims the stress resulting from what was needed to be done to keep his disability benefits resulted in the ulcers that led to his death. The article gives the following background:
"While working for a cable installation company, Mr. Thompson injured his right knee in 2004 when he slipped and fell. He never fully recovered, and spent the few remaining years of his life nearly completely bound to his North Middlesex County home, arguing his workers compensation claim with the board."
The article goes on to describe what happened:
"As the pain in Mr. Thompson's knee persisted, and he was unable to stand, sit or sleep comfortably, his WSIB adjudicator threatened to stop his benefits."
"The adjudicator threatened to end his benefits when Mr. Thompson didn't comply with the "labour market re-entry plan," which required him to attend classes in London, 120 kilometres from his home. Mr. Thompson was taking morphine daily, and found that driving aggravated his pain."
You can read the entire article in the Globe and Mail.
"While working for a cable installation company, Mr. Thompson injured his right knee in 2004 when he slipped and fell. He never fully recovered, and spent the few remaining years of his life nearly completely bound to his North Middlesex County home, arguing his workers compensation claim with the board."
The article goes on to describe what happened:
"As the pain in Mr. Thompson's knee persisted, and he was unable to stand, sit or sleep comfortably, his WSIB adjudicator threatened to stop his benefits."
"The adjudicator threatened to end his benefits when Mr. Thompson didn't comply with the "labour market re-entry plan," which required him to attend classes in London, 120 kilometres from his home. Mr. Thompson was taking morphine daily, and found that driving aggravated his pain."
You can read the entire article in the Globe and Mail.
Labels: Workers' Comp
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Monday, April 21, 2008
Doctors Feel Push To Downplay Injuries
The Charlotte Observer is continuing to keep the pressure on OSHA with their latest workplace H&S article. On Saturday they reported on a physicians conference last week in New York. The articles opens with this statement:
"A leading group of occupational doctors is taking the unusual step of speaking out publicly against pressure from companies to downplay workplace injuries."
"To outline their concerns, the physicians have sent a letter to federal workplace safety regulators and held a conference session in New York City on Monday. They're also planning to testify before Congress."
The article presents a series of testimonials from physicians describing instances in which they feel they have been pressured to not "treat injuries in a way that would make them reportable".
You can read the article at: http://www.charlotte.com/local/story/587539.html
"A leading group of occupational doctors is taking the unusual step of speaking out publicly against pressure from companies to downplay workplace injuries."
"To outline their concerns, the physicians have sent a letter to federal workplace safety regulators and held a conference session in New York City on Monday. They're also planning to testify before Congress."
The article presents a series of testimonials from physicians describing instances in which they feel they have been pressured to not "treat injuries in a way that would make them reportable".
You can read the article at: http://www.charlotte.com/local/story/587539.html
Labels: electrical safety, Industrial Health, Industrial Safety, Workers' Comp
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Friday, April 04, 2008
Feds File Criminal Charges In Death Of Roofer
This week I've been focusing on articles showing an increasing level of public dissatisfaction resulting from a perception that OSHA is not doing the job it should be doing. I'll finish the week with this article from yesterday's edition of the Quad Cities Dispatch. It reports that "A one-time superintendent for a Carbon Cliff roofing company faces federal criminal charges for allegedly obstructing an investigation into the accidental death of an employee."
The U.S. Attorney's Office for the Central District of Illinois has filed a criminal complaint against Stephen F. Vyncke, an employee of Winter's Architectural Roofing in Carbon Cliff. He is charged with obstructing an OSHA investigation.
You can read the article online at: http://qconline.com/archives/qco/display.php?id=381169
Again I urge you to read the comments at the bottom of the article.
The U.S. Attorney's Office for the Central District of Illinois has filed a criminal complaint against Stephen F. Vyncke, an employee of Winter's Architectural Roofing in Carbon Cliff. He is charged with obstructing an OSHA investigation.
You can read the article online at: http://qconline.com/archives/qco/display.php?id=381169
Again I urge you to read the comments at the bottom of the article.
Labels: OSHA, Workers' Comp, workplace safety
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Wednesday, February 20, 2008
Safety at its Best: Aligning Employee Safety with Business Performance
Today's issue of Industry Week includes an article called "Safety at its Best: Aligning Employee Safety with Business Performance".
It discusses the glut of data available to managers, and the problem of finding a way to effectively use that data. The opening paragraph states:
"We have a problem on our hands: manufacturers have plenty of data, but they often haven't figured out how to use it to analyze human and process behavior and cause-and-effect scenarios that impact company performance."
The article presents a case study of Snap-On, Inc., showing how they used software to gain control of and use their data in the area of safety and resulting workers' compensation claims. The article is written by the software supplier, but it provides a good overview of the benefits that can be realized through better data management and analysis.
It discusses the glut of data available to managers, and the problem of finding a way to effectively use that data. The opening paragraph states:
"We have a problem on our hands: manufacturers have plenty of data, but they often haven't figured out how to use it to analyze human and process behavior and cause-and-effect scenarios that impact company performance."
The article presents a case study of Snap-On, Inc., showing how they used software to gain control of and use their data in the area of safety and resulting workers' compensation claims. The article is written by the software supplier, but it provides a good overview of the benefits that can be realized through better data management and analysis.
Labels: Safety Software, Workers' Comp
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Thursday, December 27, 2007
Occupational Hazards Top Stories of 2007 - #2
Is an employee entitled to workers' comp. no matter what the circumstances of the accident were?
The #2 Occupation Hazards Magazine story in 2007 discusses a young KFC worker who refused to follow the instructions of his supervisor and who also ignored safety warning labels. He was injured and collected workers' comp. This article describes what happened and how the Ohio State Supreme Court ruled concerning whether workers' comp. benefits should be paid. The story is called:
Court: No Workers' Comp for Negligent Worker
The #2 Occupation Hazards Magazine story in 2007 discusses a young KFC worker who refused to follow the instructions of his supervisor and who also ignored safety warning labels. He was injured and collected workers' comp. This article describes what happened and how the Ohio State Supreme Court ruled concerning whether workers' comp. benefits should be paid. The story is called:
Court: No Workers' Comp for Negligent Worker
Labels: Workers' Comp
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