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Showing posts with label Industrial Revolution. Show all posts
Showing posts with label Industrial Revolution. Show all posts

Sunday, April 27, 2014

Presidential Proclamation -- Workers Memorial Day, 2014

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

America is built on the promise of opportunity. We believe that everyone should have a chance to succeed, that what matters is the strength of our work ethic, the scope of our dreams, and our willingness to take responsibility for ourselves and each other. Yet each year, workplace illness and injury threaten that promise for millions of Americans, and even more tragically, thousands die on the job. This is unacceptable. On Workers Memorial Day, we honor those we have lost, and in their memory, affirm everyone's right to a safe workplace.

With grit and determination, the American labor force has propelled our Nation through times of hardship and war, and it laid the foundation for tremendous economic growth. Workers risked life and limb to turn the gears of the Industrial Revolution, raise our first skyscrapers, and lay railroad track that connected our country from coast to coast. The injured, as well as families of the dead, received little or no compensation.

It was only after decades of organizing, unionizing, and public pressure that workers won many of the rights we take for granted today. Finally, with the Occupational Safety and Health Act of 1970, the Federal Government required employers to provide basic safety equipment. Just 1 year prior, the Federal Coal Mine Health and Safety Act of 1969 established comprehensive safety and health standards for coal mines, increased Federal enforcement powers, and provided compensation to miners with black lung.

My Administration remains dedicated to building on this progress. We are improving standards to protect workers from black lung and reduce their exposure to dangerous substances. We are helping employers provide safe workplaces and holding those who risk workers' lives and health accountable. And we are empowering workers with information so they can stay safe on the job.

We must never accept that injury, illness, or death is the cost of doing business. Workers are the backbone of our economy, and no one's prosperity should come at the expense of their safety. Today, let us celebrate our workers by upholding their basic right to clock out and return home at the end of each shift.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 28, 2014, as Workers Memorial Day. I call upon all Americans to participate in ceremonies and activities in memory of those killed or injured due to unsafe working conditions.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of April, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-eighth.

BARACK OBAMA

Monday, September 5, 2011

Asbestos: ADAO to Livestream the film -- Breathtaking


Kathleen Mullen’s Documentary Gives Comprehensive Insight into the Tragedy Associated with Commercial Mining

The Asbestos Disease Awareness Organization (ADAO,) which combines education, advocacy, and community to provide a unified voice for asbestos victims, today announced that it will be livestreaming Breathtaking on September 26th. The documentary, directed by Ontario filmmaker Kathleen Mullen, is “a personal investigation into the continued use of asbestos” and details her father’s tragic death due to exposure to asbestos from Canadian mining.

Breathtaking addresses the asbestos industry through a moving and personal investigation into the death of Mullen’s father, and the baffling present-day use, pubic mining, and incessant export of asbestos in spite of decades of scientific evidence that asbestos kills people. Commercially mined since the Industrial Revolution, asbestos was nicknamed the ‘magic mineral’ for its fabric-like, and fire retardant properties and has been used in everything from brake pads to oven mitts. Although it has been discovered to be carcinogenic, and asbestos use has been banned in many countries and limited in others. However, Canada, Russia and several other countries, still mine asbestos and export it for use in developing nations.

Mullen uses heartbreaking clips of her dying father’s legal testimony, together with family photos, and home movies to take the audience on an investigative journey. From her family home in British Columbia to Quebec, India and Detroit, Mullen paints a global, yet still personal picture of the many lives affected by the continued use of asbestos.

“As I began Breathtaking, everyone to whom I mentioned I was making the film responded with a personal story of their own,” Mullen says. “I soon realized that this story was a lot bigger than just my own family’s grief.”

The Asbestos Disease Awareness Organization (ADAO) recognizes the global and negative impact of the Canadian asbestos industry and has partnered with Mullen to hold a first-ever, international livestreaming of Breathtaking on September 26th, 2011 at 6:30 pm EST from the ADAO website.

The 45 minute screening will begin with a short introduction from Mullen and conclude with a thirty minute question and answer session via Twitter with the filmmaker and ADAO President and Co-Founder, Linda Reinstein.

“ADAO is thrilled to be able to bring this critical issue to the forefront through the incredible film,Breathtaking. It is through the new avenues of digital technology and social media that we are seeing awareness about asbestos hazards expand rapidly around the globe,” said Reinstein about the livestreaming event.


Click Here To View Trailer: http://tinyurl.com/4yznj99

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Thursday, July 21, 2011

That Used to Be Comp

A parallel can be drawn between the concepts discussed  by Thomas Friedman, at the National Governors Conference last week, and the status of the ailing workers’ compensation system in the US. The present problems, that have been the subject of Band-Aid statutory reform and regulatory directives, lack creative solutions. Reinventing America  and workers compensation must incorporate  the challenges of globalization, technology, national deficits and energy consummation, to meet the demands of the new world.

Mr. Friedman is the foreign affairs columnist for the New York Times, recipient of three Pulitzer Prizes, and is the author 5  best sellers. His newest book, “That Used To Be Us” is scheduled for release in September. He declares that “the American dream is in peril.” What worked in the past for the Nation to be a vibrant economy will no longer work in the future. Change is necessary.

The State workers’ compensation system, crafted over one hundred years ago, in the time of the American Industrial Revolution, no longer functions as an efficient, remedial and expeditious method for the handling of disability claims. Traumatic events have given way to multifaceted occupational diseases, the simplicity of single stage medical treatment protocols have multiplied into complex and costly: diagnostics, treatment modalities, and pharmaceutical regiments, that are accentuated with personalized genetic modeling.

The world of workers’ compensation will have difficulty meeting its responsibilities without adequate funding as payrolls fall, fewer people become employed as technology takes the place of jobs, and workload is distributed across the globe and into The Cloud. Creative thinking is necessary to look forward and determine how to administer and reconfigure the compensation system so that it meets the needs of injured workers rather than rejects them. A Labor force that is healthy will strengthen the national economy. Instead of dueling at every street corner in the land over medical fees and payment reimbursement, it is time to look at an inventive and universal remedy.

Thomas Friedman remarked that in the future there will be two types of nations, The High Imagining Enabled (HIE) countries and the Low Imagining Enabled (LIE) countries. The United States needs to relook at what used to be an efficient and functioning workers’ compensation system, and redevelop it through creative thinking and available global technology, to make it workable once again.

That Used To Be Us: How America Fell Behind in the World It Invented and How We Can Come Back, Thomas L. Friedman and Michael Mandelbaum, Farrar, Straus and Giroux (September 5, 2011), 400 pp.

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Monday, July 11, 2011

The Debt Ceiling and Workers Compensation

President Barack Obama talks with members of his staff in the Oval Office following a meeting with the Congressional Leadership, July 7, 2011. Pictured with the President, from left, are: Chief of Staff Bill Daley; Rob Nabors, Assistant to the President for Legislative Affairs; Bruce Reed, Chief of Staff to the Vice President; National Economic Council Director Gene Sperling; Jason Furman, Principal Deputy Director of the National Economic Council; Office of Management and Budget Director Jack Lew; Senior Advisor David Plouffe; and Treasury Secretary Timothy Geithner. (Official White House Photo by Pete Souza)


As The Debt Ceiling Crisis continues to fester in a sluggish economy, the attack on public health programs like Medicare and Workers Compensation remain targets of cuts. Basically the medical delivery system just can't be supported and is imploding bringing down the entire house of cards.

Workers' Compensation, a patchwork of state programs, has a target on its back. The system is a massive Ponzi Scheme that now lacks a base of economic support and can no longer provide delivery of benefits in either the arena of medical or indemnity. It is the promise to Labor that just can't be kept.

Angry critics from cost to coast have targeted the system with a plethora of lame excuses why the system is ailing and why it is too costly to maintain as presently structured. While Industry continues somewhat to the downfall of workers' compensation, it cannot be blamed entirely. The compensation system was build on the foundation of the Industrial Revolution and a massive insurance scheme of the early 1900s that no longer realistically exists. Medical science has been transformed from the ancient French medical practice of the use of leaches, no anesthesia and zero sterilization, to an era of modern medicine with modern modalities, complex diagnostic and treatment and research protocols.  

As the debate unfolds in Washington DC on the debt ceiling, the focus with become more directed upon public entitlement programs and benefits that need to be modernized and revamped to meet the current changes to the economy and health of the nation. One of those targets will ultimately be workers' compensation and this time the politicians should look at it not in the light of negativity but rather for all the positive benefits workers compensation brings the nation.

Thursday, February 17, 2011

A National Celebration of the Workers' Compensation Centennial


Guest Blog by Alan S. Pierce


The year 1911 saw the enactment of this country’s first state-based Workers’ Compensation laws. The effects of the Industrial Revolution began some decades earlier and made it necessary to change the way the costs associated with workplace injuries and deaths were compensated.


Wisconsin claims credit for the first constitutional statute (earlier attempts failed constitutional muster) with Massachusetts and nine more states not far behind.  Thirty-six other states followed by the end of the decade.

So it’s no surprise that 2011 will see various commemorations of this social, economic, and legal milestone.  

Here in Massachusetts, generally acknowledged as the nation’s second state to pass a Workers’ compensation statute (signed into law by Governor Eugene H. Foss, July 28, 1911) plans have been underway to mark this auspicious occasion.

On April 7, 2011, Massachusetts will be holding a centennial commemoration that has attracted interest across the country.

The American Bar Associations's (ABA) Section on Tort, Trial and Insurance Section (TIPS) and the Workers’ Compensation and the Section of Labor and Employment Law (LEL) has joined in the planning of this hallmark event, and we, along with the Labor and Employment Law Committee, will be holding The 2001 Midwinter Seminar & Conference in Boston April 7-9, 2011 to coincide with the Massachusetts event.

Before detailing our plans in Massachusetts, it is worthwhile to briefly examine the historical origins of a concept of a no-fault-based system of compensating for job-related injuries and deaths.  Who then can lay claim to the first model of a modern Workers’ Compensation system?  

Early History of Workers' Compensation

According to Gregory Guyton in A Brief History of Workers’ Compensation, Iowa Orthopedic Journal, 1999, in approximately 2050 B.C., in ancient Sumeria (now Iraq), the law of Ur contained in Nippur Tablet No, 3191 provided for compensation for injury to a worker’s specific body parts.  Under ancient Arab law, the loss of a thumb was worth one-half the value of a finger. The loss of a penis however was compensated by the amount of the length lost. The manner of estimating that however, is a fact lost to history. Similar systems existed and are contained in Hammurabi’s Code in 1750 B.C. as well as in ancient Greek, Roman, and Chinese law. The common denominator in most if not all of these early schemes was the compensation for “schedules” for specific injuries which determined specific monetary rewards. This concept of an “impairment” (the loss of function of a body part) as distinct from a “disability” (the loss of ability to perform specific tasks remains with us today
Jumping ahead a couple of thousand years.


Stephen Talty in Empire of Blue Water: Captain Morgan’s Great Pirate Army, Crown Publishing, (2007) describes the legendary English privateer Capt. Henry Morgan (of the rum company fame) who in the mid-1600s had a ship’s constitution that provided for the “recompense and rewards each one ought to have that is either wounded or maimed in his body, suffering the loss of any limb, by that voyage.” The loss of a right arm was worth 600 pieces of eight; the left arm:500; right leg:500, left leg: 400, and so forth.

Today’s workers’ compensation laws owe their origin to Prussian Chancellor Otto von Bismarck who in a political move to mitigate social unrest, created the Employer’s Liability Law of 1871.  In 1884 he established Workers’ Accident Insurance.  This program not only provided monetary benefits but medical and rehabilitation benefits as well.  The centerpiece of von Bismarck’s plan was the shielding of employers from civil lawsuits; thus the exclusive remedy doctrine was born.

Centennial Commemoration in Massachusetts

Plans to commemorate this centennial originated with the Massachusetts Academy of Trial Attorneys, which for the past decade hosted an annual Workers’ Compensation Bench/Bar Dinner.

On April 7, 2011, the Massachusetts Academy of Trial Attorneys, the Massachusetts Bar Association, and the Department of Industrial Accidents will host a centennial commemoration of workers’ compensation, not only in Massachusetts but the country as well.

The focus will be on the recognition of 100 years of workers’ compensation remembering how this unique area of law originated and developed with a look toward the future and examining forces at work that may change how workplace injuries are compensated.  A planning committee comprised of representatives of the claimant and insurer bar, Department of Industrial Accident representatives, and other stakeholders in the system have been meeting periodically for almost three years.  

Our plans have three major components:  a symposium featuring four of the nation’s leading scholars of workers’ compensation as an economic, labor relations, and legal concept; a book covering the history of the Massachusetts Industrial Accident Board, and dinner bringing everyone together at the Rose Kennedy Ballroom at the Intercontinental Hotel in Boston.  The other bar groups coming to Boston to join us will be holding their own programming, including three mornings of informative continuing legal education program as part of the ABA TIPS/Workers’ Compensation Committee and Labor and Employment Law Committee’s annual midwinter meeting.  

The ABA’s College of Workers’ Compensation Lawyers will also hold its annual dinner inducting the 2011 Class of Fellows on Saturday, April 9, 2011. 

Symposium

The symposium to be held during the afternoon of April 7, 2011, will be chaired by Prof. Emeritus John Burton, perhaps the leading authority on workers’ compensation, both nationally and internationally.  Burton, who has taught economics and labor relations at Rutgers and Cornell Universities, was President Nixon’s appointed Chair of the 1972 National Commission on Workers’ Compensation which resulted in recommendations responsible for the extended period of major workers’ compensation reforms that closed out the last quarter of the 20th century.  

Prof. Burton has invited Emily Spieler, Dean of Northeastern University Law School, Dr. Richard Victor, Executive Director of the Workers’ Compensation Research Institute, and Prof. Les Boden of Boston University to join him. Among the subjects to be explored are a discussion of federal and state responsibility for workers’ compensation; the extent of coverage of injuries and disease; the impact of changes in healthcare and what “universal” healthcare may mean for workers’ compensation systems; adequacy and equity of benefits among other topics.

 Book on The Massachusetts Industrial Board

Attorney and TIPS member, Joseph Agnelli Jr. of the Keches Law Group, has authored The “Board” A History of the First Century of the Massachusetts Industrial Accident Board and the Workers’ Compensation Act.

Agnelli’s book contains a comprehensive history of workers’ compensation in Massachusetts focusing on how our Industrial Accident Board was originally organized.  The book profiles many of the fascinating commissioners, judges, and attorneys who help shape the practice of workers’ compensation law at the Department of Industrial Accidents.

The book also features a copy of the Workers’ Compensation Statute signed into law by Governor Eugene H. Foss on July 28, 1911; a copy of the first insurance policy (policy no. 1) issued to the Everett Mills by the Massachusetts Employee’s Insurance Association (M.E.I.A.), the entity that was to become Liberty Mutual Insurance Company.

According to Agnelli’s forward:  “When pondering a suitable way to commemorate such a momentous event, it became clear that something needed to be written about the countless numbers of individuals who have played a role in its long history, to the legislators who were instrumental in its passage of 1911, the members of the first Industrial Accident Board in 1912, the men and women who have served as either Commissioners or Administrative Judges on the Board, those who pioneered the early practice before the Board, and to past and current personalities, this book is a tribute to their efforts in perpetuating the spirit of the Act.”

Symposium Dinner

The Symposium Dinner on Thursday evening, April 7, 2011, will be held in a remarkable venue, a ballroom that can accommodate up to 700 people.  Early reservations are a must.  To purchase dinner tickets or for further information, contact terri@alanspierce.com OR contact Alan Pierce at 978-745-0914.
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Alan S. Pierce practices in Salem Massachusetts. He has authored and edited several publications including Massachusetts Workers' Compensation Law, Workers' Compensation and the Law, and Workers' Compensation: Issues and Answers. Alan currently serves as chair-elect of the American Bar Association workers' compensation section and will be the national chairperson in 2010. He is a charter Fellow in the College of Workers' Compensation Lawyers.


Other Resources
Registration Information: 2011 Midwinter Meeting
Program Agenda: 2011 Midwinter Meeting

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Monday, October 18, 2010

The Toxic Contamination of North Jersey


In a recent report in the The Record it was noted that hundreds of toxic sites were located in North New Jersey, specifically Bergen and Passaic counties. The former geographical location of the Industrial Revolution, the area was the home of many manufacturing facilities and in close proximity of the Great Falls of Paterson NJ. The Society of Useful Manufacturers was established by Alexander Hamilton at the base of the Passaic River in Paterson NJ.

The manufacturing facilities left a legacy of toxic pollution and a lot of that pollution migrated into the Passaic River and flowed downstream to from Passaic County to Bergen County. Toxic sites proliferate the area and an epidemic of industrially produced disease remains from the occupational exposures and the bystander exposures.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.