9/11 Fund Starts Making Payment to Victims

The Zadroga 9/11 Victims Claim Fund has started to make payments to victims of the World Trade Center attack. First Responders andthose who lived or worked in the immediate geographical site near "ground zero" may be entitled to the payment of benenfits for illness and injuries that they suffer as a result of the terrorist attack.

Those eligible include, individuals present at  a 9/11 crash site at the time of or in the immediate aftermath, who suffer physical harm as a result of the crashes or debris removal. Also the personal representatives of individuals who were present at a 9/11 crash site, who died as a result of the crashes or debris removal, are eligible to file claims.

I Told My Supervisor - Why Do I Need To File An Accident Report In Writing?

Today's post comes from Matthew Funk of the NY Bar.

QUESTION: I TOLD MY SUPERVISOR ABOUT THE ACCIDENT BUT I DID NOT SUBMIT AN ACCIDENT REPORT. AM I GOOD TO GO WITH THE VERBAL NOTICE?
ANSWER: ALWAYS REPORT AN INJURY IN WRITING
Joe was working a construction job when Mike accidentally beaned Joe on the head with a 2X4. After seeing a couple of Tweety Birds and a whole bunch of stars, Joe went down to his supervisor’s station and told him he had just had an accident. Then he went off to the ER to make sure he was not seriously injured, relieved he had taken care of business at the job site. All he had to do now was get better.
No, Joe! No! Yes, Joe satisfied the notice requirement. However, Joe was NOT good to go.
Supervisors sometimes have a funny habit of forgetting conversations or oral notices of an accident. Even if Joe’s supervisor were his best friend, when push came to shove there could be no telling what the supervisor might say in Court front of a Judge. Furthermore,

Asbestos Disease Remains a Problem Despite Lower Consumption in the US

Recently release statistics from the US Geological Survey brings some hope to reducing asbestos disease in the US.  Historically, as the production of asbestos fiber lowers, so does the incidence of asbestos related disease, which is a latent medical condition that takes 10 to 30 years to manifest itself.

Asbestos this has been used for decades in the United States in militray and civilian environments in various forms including construction material and insulation. It appears in commercial and military buildings and equipment, as well as residential and consumer appliances. 

Asbestos has been causally connected to a rare and fatal cancer,  mesothelioma. Asbestos has also been linked to various other cancers including: lung cancer, a well as a pulmonary condition, asbestosis.

How to Protect Public Employees and Communities From Asbestos Exposure

It is unconscionable in this day and age for a worker who is exposed to asbestos fiber in the workplace. Ironically, in the 1950's, in Paterson, NJ, the city where the world renown asbestos researcher, Irving J. Selikoff MD, had conducted the initial the sentinel studies linking asbestos exposure with a fatal cancer, mesothelioma, public employees are still being exposed.
Despite the courts and public opinion frowning on such terrible events, it is imperative that the legislatures of the nation take the appropriate measures to ban asbestos in use, and to require a registry all sites where asbestos is known to be present. Additionally, the sites should be publicly listed in a registry by the US EPA and those site declared to be areas where a potential health emergency exists.

Siemens Recalls Temperature and Humidity Sensors for Schools, Hospitals and Other Buildings Due to Fire Hazard

Siemens Sensor - Biege Display Screen

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

This recall involves wall-mounted Q-series sensors that control heat, air conditioning and humidity inside commercial buildings, hospitals and schools. 

The sensors come in three designs: a blank cover, a cover with a digital display screen or a cover with a digital display screen and door.

Social Security Disability: Get the evidence you need

Today's post comes from Roger Moore of the Nebraska Bar.

Social Security Disability applicants sometimes have trouble getting the evidence needed to demonstrate that they have a disability.

  PROBLEM 1: You haven't had regular medical care because you don't have health insurance. Without regular medical care, it's difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard thing to do. However, without medical insurance, most doctors won't see a patient.

 SOLUTION: In Nebraska there are some free clinics where you can be seen by a doctor even if you cannot afford to pay. To find a free clinic near you, contact your local health department. Anyone planning on applying for Social Security Disability should try to develop a relationship with a doctor by seeking regular medical care as often as possible.

PROBLEM 2: Many applicants don't have the right kinds of conversations with their doctors about their disabilities. Doctors are mainly concerned with your symptoms and how they can help you get well. They aren't necessarily focused on the kinds of things they'll need to know to help you with your Social Security Disability claim. To fill out a report for your claim, they'll need to know exactly how much you can and cannot do.

The Vanishing Concept of a Job

While reviewing some historical cases today, I realized that what is missing from the workplace is the concept of "a job." America's economy has dramatically changed, and so have jobs that were once available in the workforce.

Even clearer is the fact that the concept of a job has disappeared. The idea of getting up in the morning and going regularly to a job has even vanished. The evolution changed slowly with the younger generation claiming that a job cycle transformed from a lifetime position to one lasting two years. Then the next stage in the evolution occurred, where the employee became a transient worker, and daily the job changed, No stable employer really exists.

This evolution has eroded the underlining framework of a functional workers' compensation program and the delivery of benefits. The injured worker becomes lost to the system, and a safe and secure workplace has become an illusion. Lost in the complexity is the adequate reporting of accidents and occupational disease, and the ability to accurately follow the evolution of latent diseases and medical conditions.

"A new trend in the U.S. labor market is reshaping how management and workers think  about employment, while at the same time reshaping the field of occupational safety  and health. More and more workers are being employed through “contingent work”  relationships. Day laborers hired on a street corner for construction or farming work,  warehouse laborers hired through staffing agencies, and hotel housekeepers supplied by  temp firms are common examples, because their employment is contingent upon shortterm fluctuations in demand for workers. Their shared experience is one of little job  security, low wages, minimal opportunities for advancement, and, all too often, hazardous working conditions. When hazards lead to work-related injuries, the contingent nature of the employment relationship can exacerbate the negative consequences for the injured worker and society. The worker might quickly find herself out of a job and, depending on the severity of the injury, the prospects of new employment might be slim. Employerbased health insurance is a rarity for contingent workers, so the costs of treating injuries are  typically shifted to the worker or the public at large. Because employers who hire workers on  a contingent basis do not directly pay for workers’ compensation and health insurance, they are likely to be insulated from premium adjustments based on the cost of workers’ injuries. As a result, employers of contingent labor may escape the financial incentives that are a main driver of business decisions to eliminate hazards for other workers."

Click here to read "At the Company’s Mercy: Protecting Contingent Workers from Unsafe Working Conditions"

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• Why Are Worker's Comp Claims Down (workers-compensation.blogspot.com)
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