Injuryboard Commentary - Workplace Injuries

Why Should I Be in a Hurry to File my Workers' Comp Claim?

Greg Jones — Mon, 07 Dec 2009 10:54:04 GMT

Filing early is the best way to not only protect your worker’s compensation claim. It is also the best way to get your claim accepted. Insurance companies are wary of almost every claim. Delay in telling your employer or delay in filing your claim does nothing but make them more wary and they will then look for ways to deny your claim. Many states also have several filing deadlines. If you miss those deadlines you can compromise your ability to make a claim at all. The tricky part is that most people don’t know the deadlines or rules of worker’s compensation. The good news is your lawyer will. A good and experienced practitioner can save you from filing deadlines and unreasonably denied claims. Call one now.

Originally posted at InjuryBoard by Greg Jones

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Can the insurance company send investigators out to spy on me ?

Doug Landau — Sun, 06 Dec 2009 18:17:58 GMT

Injured workers call ABRAMS LANDAU, Ltd. all the time asking if the insurance company can spy in them. In a word, "yes." The insurance companies can and will hire investigators to look into your records, question your co-workers and neighbors and conduct surveillance of you and your family members. In any case where the insurance company may have to pay a lot of money for medical care, lost earnings and other expenses, they will readily invest several hundreds or even thousands of dollars to investigate in order to save money later on in the case. Disabled clients of Doug Landau ask, "Can these private investigators follow me, watch my home and talk to my neighbors ?" The answer, unfortunately, is "Yes" to all three questions. That is why it is a good idea to watch what you say, advise your friends, family members and neighbors not to speak to investigators about YOUR case, and to report suspicious behavior to the local authorities.

Virginia has laws against "stalking," and Herndon work injury lawyer Landau advises clients to get truck, van and car license plate numbers, makes and models to describe to the police. In several instances, when insurance investigators came on Landau's clients' private property, they were in violation of trespassing laws. If you, or someone you know is being followed, harassed or stalked by an insurance investigator, do not shoot them (see yesterday's post), but rather call an experienced workers compensation, disability and injury case lawyer to help you and your family. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Workers Comp insurance company investigator shot by injured claimant !

Doug Landau — Fri, 04 Dec 2009 18:06:00 GMT

In 25 years of helping injured workers and their families, I have heard of insurance company investigators going to great lengths to "spy on" comp recipients, but I had never heard of a "PI" getting shot. An upstate New York Workers Comp claimant plead "not guilty" to shooting an insurance investigator with his shot gun this week. The man says he was aiming for a turkey, not a private investigator following up on his workers' compensation claim, before firing
his shotgun earlier this year.

According to the newspaper story, the disabled worker said he spotted a turkey in a nearby cornfield and took aim and fired, hitting the insurance company's investigator with a shotgun blast in the side of his body, his back and legs. His injuries required surgery. The carrier's gumshoe was investigating the worker by hiding in the field by his home at the time of the shooting to monitor his workers' compensation claim.

The public defender's office, representing the worker, told the court that the PI was wearing dark-colored and camouflaged clothing and lying on the ground at the time of the shooting. The public defender said the claimant didn't expect anybody to be near the cornfield and after hearing the insurance company's investigator cry out, he called 911 immediately. While an insurance company hiring an investigator to "Spy" on an injured worker and his family does not surprise anyone at ABRAMS LANDAU, Ltd., the fact that the investigator hid, camouflaged in the worker's field and got shot is certainly a first. Herndon Virginia injured workers attorney Doug Landau has had disabled clients who have wanted to shoot insurance investigators, but never heard of one accidentally getting one during turkey hunting season !

Originally posted at InjuryBoard by Doug Landau

Increase funeral, transporatation and burial benefits for workers' families

Doug Landau — Mon, 30 Nov 2009 22:37:00 GMT

Injured workers lawyer Doug Landau often represents workers and their families from other states and countries. When these workers suffer fatal injury, their families are confronted with enormous and immediate expenses. The cost of even a simple funeral can often run several thousands of dollars. However, the amount available under the Virginia Workers Compensation Act is limited, and does not pay all the bills related to transporting the fallen worker's remains to their home state or country. Unlike Cost of Living Adjustments ("COLA"), which are tied to the Consumer Price Index ("CPI"), and mileage reimbursement rates, which also change annually, the amounts for funeral and transportation do not increase with inflation. According to Herndon Reston area workers comp lawyer Doug Landau, this must change. As more and more workers come from other states and countries to work in Virginia, especially in the Internet, software, security, construction and hospitality fields, the law of this Commonwealth must reflect this reality and change with the times. Presently, the Virginia Workers Compensation Commission's ("VWCC") web site lists

BENEFITS UNDER THE ACT:

#5 Death Benefits

* A surviving spouse, children under 18, children under 23 enrolled full time in an accredited educational institution, parents in destitute circumstances or other qualifying dependents may be entitled to wage loss benefits.
* Death benefits include funeral expenses not to exceed $10,000 and transportation cost of $1,000.

Our clients have often exceeded this $11,000 benefit maximum amount. The legislature needs to keep up with the times and inflation. If you or someone you know has lost a loved one in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Workers lose their lives in the Construction trade

Doug Landau — Thu, 26 Nov 2009 23:01:00 GMT

With over 6 million people in the construction trades in the United States, it is a significant sector of our economy, However, construction is also one of the most dangerous kind of work, with over 8,000 workers killed on construction sites each year and many thousands injured and maimed for life. At ABRAMS LANDAU, Ltd., we see first-hand some of the devastation caused by unsafe construction practices and lax inspection, regulation and enforcement by state, local and federal agencies. We have tried cases were our clients have been injured or killed on construction sites. Some of the injuries were caused by:

* Falls from roofing,
* Loads dropped on a workers head,
* Failure of scaffolding causing falls from heights,
* Unsecured stairways, steps or ramps,
* Wood snapping, breaking or coming loose,
* Getting shot with a nail from a nail gun,Ladders twisting and falling,
* Explosions causing hearing loss,
* Asbestos dust particles causing lung damage,
* Combustible materials catching firing and causing burns,
* Construction vehicles hitting other trucks, cars and workers on the ground.

If you or someone you know has been injured in a construction site accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Settling workers compensation cases takes time

Doug Landau — Tue, 24 Nov 2009 23:19:00 GMT

While Herndon job injury lawyer Doug Landau advises clients that settling comp claims take time and effort, there are still many questions about the settlements of workers compensation cases. Workers Comp claims seem to take a lot more time from acceptance of the settlement offer to the ultimate approval of the paperwork. This is especially true according to Herndon injured workers lawyer Landau, when compared to the settlement of a car crash or slip and fall case. In those "liability' or "negligence" cases, the check and release comes withnin days or weeks from the insurance company or defense lawyer. In Virginia comp claims, the ultimate approval takes months after the parties submit the signed (and notarized) paperwork to the Workers Compensation Commission ("VWCC") in Richmond. The Virginia Code provides (65.2-701) that compromise settlements of workplace accident, occupational disease or job fatality cases, "may be approved only when the Commission...is clearly of the opinion that the best interests of the employee or his dependents will be served thereby." Rule 1.7 sets forth the requirements for a compromise settlement package. Unlike the resolution of a car crash or dog attack case, a workers comp case requires a number of documents (and signatures !).

The Virginia Workers Compensation Commission does not approve every single settlement that is submitted to it. The VWCC is not a "rubber stamp" and settlement documents are carefully reviewed. Deputy Commissioner Courtney Mercer manages the Compromise Settlement Department, with a claims examiner who supervises the department and who is assisted by a claims technician and two senior judicial secretaries. Deputy Commissioner Mercer shared his thoughts with Doug Landau recently in Richmond. Workplace accident and fatality lawyer Doug Landau was invited to a special "Retreat" for lawyers who only represent injured workers and not insurance companies. If you or someone you know, has questions about their workers compensation case or settlement, please contact ABRAMS LANDAU or call us today.

Originally posted at InjuryBoard by Doug Landau

Won Your Workers Compensation Case? Not so Fast

Jon Lewis — Tue, 24 Nov 2009 13:02:11 GMT

What are the insurance companies doing now? They are using "Utilization Review" in order to cut off workers compensation benefits. How does that work?

Well, the Alabama Workers Compensation Act allows for "Utilization Review". That means that the workers compensation insurance carrier can submit your medical records to a third party physician to review and determine if they are related to the injury. If that third party physician says, "No", the workers compensation carrier cuts off the injured employee's benefits.

How does this work in practice? Take my client for example. She had surgery approximately ten (10) years ago. Her workers compensation case was settled, and her medical was left open for future treatment. Typically, that is what happens in workers compensation cases. The person receives medical treatment for the related injuries for the rest of her life.

For ten (10) years, my client has been receiving prescriptions and medical treatment for her injuries. Out of the blue, the insurance carrier sends her records to a foreign doctor in El Paso, Texas who opines that her injuries and medical treatment are not related. So, the insurance carrier, under the "utilization review" provision, cuts off her medical treatment.

Why did they wait ten (10) years? How can this doctor supersede my client's local doctor's opinion when he hasn't even examined her. Shouldn't the "Authorized treating" physician have the final say? The insurance carrier approved her "Authorized Treating" Physician.

This is ridiculous and unfair, but that is how the insurance industry works. Insurance covers everything but the loss. All they want is their money and to hell with everything else - morals, humanity, sympathy, kindness, and generosity. It is all about the bottom line. People talk about "greedy trial attorneys" when they should be talking about "greedy insurance companies".

Originally posted at InjuryBoard by Jon Lewis

OSHA’s Top 10 Workplace Safety Violations 2009

Paul Napoli — Mon, 23 Nov 2009 17:41:50 GMT

November 23, 2009

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released the agency’s preliminary Top 10 Safety Violations for 2009 as part of a presentation for the National Safety Council 2009 Congress & Expo last month.

“We appreciate our colleagues at OSHA presenting their new violation data to such a receptive audience,” said National Safety Council President and CEO Janet Froetscher. “The sheer number of violations gives us new resolve in raising awareness about the importance of having sounds safety procedures.”

OSHA’s Top 10 Workplace Safety Violations are:

1. Scaffolding – 9,093 violations

Scaffold accidents most often result from the planking or support giving way, or to the employee slipping or being struck by a falling object.

2. Fall Protection – 6,771 violations

Any time a worker is at a height of four feet or more, the worker is at risk and needs to be protected. Fall protection must be provided at four feet in general industry, five feet in maritime and six feet in construction.

3. Hazard Communication – 6,378 violations

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers.

4. Respiratory Protection – 3,803 violations

Respirators protect workers against insufficient oxygen environments, harmful dusts, fogs, smokes, mists, gases, vapors and sprays. These hazards may cause cancer, lung impairment, other diseases or death.

5. Lockout-Tag out – 3,321 violations

"Lockout-Tag out” refers to specific practices and procedures to safeguard employees from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities.

6. Electrical (Wiring) – 3,079 violations

Working with electricity can be dangerous. Engineers, electricians and other professionals work with electricity directly, including working on overhead lines, cable harnesses and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

7. Ladders – 3,072 violations

Occupational fatalities caused by falls remain a serious public health problem. The US Department of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death, accounting for eight percent of all occupational fatalities from trauma.

8. Powered Industrial Trucks – 2,993 violations

Each year, tens of thousands of injuries related to powered industrial trucks (PIT), or forklifts, occur in US workplaces. Many employees are injured when lift trucks are inadvertently driven off loading docks, fall between docks or off an unsecured trailer and they are struck by the lift truck or they fall while on elevated pallets and tines.

9. Electrical – 2,556 violations

Working with electricity can be dangerous. Engineers, electricians, and other professionals work with electricity directly, including working on overhead lines, cable harnesses, and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

10. Machine Guarding – 2,364 violations

Any machine part, function or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact injures the operator or others in the vicinity, the hazards must be eliminated or controlled.

OSHA’s final report will be published in the National Safety Council’s December 2009 issue of Safety+Health magazine.

If you or a loved one have been injured while at work, you may be entitled to compensation such as medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support (in the case of the death of a spouse whose income supported family members) for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka, LLP we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NBRLawFirm.com today.

Originally posted at InjuryBoard by Paul Napoli