Workers' Compensation: Mobile phone

Showing posts with label Mobile phone. Show all posts

Tuesday, August 12, 2014

The Trucking Industry Needs More Drivers. Maybe It Needs to Pay More.

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

Swift Transportation’s 20,000 workers haul goods in almost 14,000 big-rig trucks that travel the interstates and back roads of the United States every day. The company’s performance is closely tied to the nation’s economy, which has been looking increasingly sunny lately.
So it was surprising last month when Swift’s stock plummeted nearly 18 percent in a single day. The tumble came for an odd reason. It wasn’t because there was too little business — but rather, too much.
“We were constrained by the challenging driver market,” the company said in its quarterly earnings announcement. “Our driver turnover and unseated truck count were higher than anticipated.”
In other words, Swift had plenty of customers wanting to ship goods. But in a time of elevated unemployment, it somehow couldn’t find enough drivers to take those goods from Point A to Point B. How is that possible? The reasons for that conundrum tell us a great deal about what has been ailing American workers and why a full-throated economic recovery has been so slow in coming.
Consider this: The American Trucking Associations has estimated that there was a shortage of 30,000 qualified drivers earlier this year, a number on track to rise to 200,000 over the next decade. Trucking companies are turning down business for want of workers.
Yet the idea that there is a huge shortage of truck drivers flies in the face of a jobless rate of more than 6 percent, not to...

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Monday, November 4, 2013

Truck driver was looking at phone in deadly crash

Distracted driving continues to be a constant cause of accidents in the workplace. Workers' compensation laws and policies have not been modified to encourage the non-use of cellphones. Federal legislation on the other hand outlaws their use. Today's post is shared from azcentral.com

The semi-truck that crashed into several police and fire vehicles, killing an Arizona Department of Public Safety officer in early May, was “tossing cars around like they were toys,” according to one witness statement.

Officer Tim Huffman, 47, was killed on May 6 while investigating an earlier crash on Interstate 8, about 40 miles east of Yuma. An 18-wheeler driven by Jorge Espinoza, 33, had plowed into Huffman’s patrol car and several other vehicles at about 5 p.m.

Espinoza, who faces 20 felony charges including second-degree murder, was on his cell phone at the time of the collision, according to 600 pages of case files obtained by The Arizona Republic on Friday.

The documents and a video from an in-dash camera revealed that Espinoza was on Facebook looking at pictures of provocatively dressed women at the time of the wreck.

Espinoza, who pleaded not guilty in June, told police he was looking over his shoulder at a passing truck when suddenly he felt the violent jolt from the crash. Espinoza was not injured.

He told police he never saw the multiple DPS and fire department vehicles on the roadway, or an officer frantically waving his arms trying to get his attention before he jumped out of the way.

Click here to read the entire article here.

Saturday, June 22, 2013

Distracted Walkers Are a Workplace Hazard

Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones. Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.

Read: Distracted Walking: Injuries Soar for Pedestrians on Phones

Cell Phone Use Not Just Dangerous for Drivers, Study Finds

"More than 1,500 pedestrians were estimated to be treated in emergency rooms in 2010 for injuries related to using a cell phone while walking, according to a new nationwide study."

Federal Cell Phone Rules Compliance Guide Published

Distracted Driving remains a serious problem in the workplace and now the Federal government is taking enforcement actions to a new level. The Federal Motor Carrier Safety Administration (FMCSA) recently announced Rules that it is prohibiting the use of hand-held cell phones by interstate truck and bus drivers.

As the Rules take effect is is anticipated that many states will adapt these changes. For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.

See: FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets

Tuesday, November 29, 2011

Cell Phones Usage For Commercial Interstate Drivers to be Banned

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers' compensation claims by employees as well as liability lawsuits against employers directly.

Read the proposed Federal Rule: Final Rule: Drivers of CMVs: Restricting the Use of Cellular Phones

"FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones." read more...

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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.

Wednesday, September 14, 2011

Truck Crash That Kills 11 Results in Call For A National Cellphone Ban

Citing distraction from the use of a mobile phone by the driver of an 18-wheel semi truck as the probable cause of a crash that killed 11 people, the National Transportation Safety Board recommended banning the use of mobile phones by commercial drivers except in emergencies. Accidents arising from the use of cell phone are resulting major liability & workers' compensation problems for employers.

"Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways," said NTSB Chairman Deborah A.P. Hersman. "It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds."

On March 26, 2010, at about 5:14 a.m. CDT, near Munfordville, Kentucky, a truck-tractor semitrailer combination unit driven by a 45-year-old male departed the left lane of southbound Interstate 65, crossed a 60-foot-wide median, struck and overrode a cable barrier system, entered the northbound travel lanes, and struck a 15-passenger van, driven by a 41-year-old male and occupied by 11 passengers (eight adults, two small children, and an infant). The truck driver and 10 of the 12 occupants of the van were killed.

Investigators determined that the driver used his mobile phone for calls and text messages a total of 69 times while driving in the 24-hour period prior to the accident. The driver made four calls in the minutes leading up to the crash, making the last call at 5:14 a.m. CDT, coinciding with the time that the truck departed the highway.

The Safety Board also determined that the median barrier system, which had recently been installed following another cross-median fatal accident on the same section of I-65, contributed to the severity of the accident because it was not designed to redirect or contain a vehicle of the accident truck's size. Because median crossover accidents involving large vehicles are so deadly, the NTSB made recommendations regarding the use of appropriately designed median barriers on roadways with high volumes of commercial vehicles.

At the meeting today, the NTSB issued 15 new safety recommendations to the Federal Highway Administration (FHWA), the Federal Motor Carrier Safety Administration (FMCSA), the National Highway Traffic Safety Administration (NHTSA), the American Association of State Highway and Transportation Officials (AASHTO), the Governors Highway Safety Association (GHSA), all 50 states, and the District of Columbia. The Safety Board also reiterated two previously issued recommendations to the FMCSA.

A synopsis of the NTSB report, including the probable cause, findings, and a complete list of all the safety recommendations, is available on the NTSB's website. The NTSB's full report will be available on the website in several weeks.

RELATED MATERIAL

Board meeting announcement (9/8/11)

Investigative update (5/14/10)

Launch of investigative team to accident site (3/26/10)

Wednesday, September 7, 2011

Distracted Driving Accidents Echo Intoxication Caused Injuries

The New England Journal of Medicine reports that the activism against driving while intoxicated is beginning to be mirrored in distracted driving crashes. This parallel will probably cause workers' compensation courts and state legislature to shortly revisit the compensability of certain claims caused by employees who engage in distracted driving and will likely bar them from eligibility as workers compensation claims.

"As cell phone technology improved, texting while driving, which necessitates taking one’s eyes off the road, also became a major concern. The new term 'distracted driving' encompasses many behaviors that divert attention from driving, hampering awareness and performance and increasing risk."

The moral outrage being generated from distracted driving behavior will most likely mandate the imposition of technological changes to restrict cell phone use in moving vehicles. While that technology is being developed and deployed, workers and their employers should take heed of the growing public policy against such conduct.

Friday, September 2, 2011

When the Boss Calls

The use of cells phones while driving still remains a serious problem as drivers continue to ignore laws throughout the country. Unenforced and unenforceable laws throughout the nation aren't meeting the well intentioned goal of restricting their use. A major excuse is the need to use it for work and my "boss" required the employee to use it.

The epidemic of distracted driving continues to spread. Economic consequences are not yet frequent enough and severe enough to change the culture of abuse. Industry still hasn't taken the bold steps required to solve the problem.

Even though the genie of the "car phone" is out of the bottle, carefully engineered technology can resolve the problem. The same companies that brought us the unhealthy combination of cell phones and distracted driving can engineer the cure.

Employers seem to lack the economic motivation to take action. Employers who insit on their use for employment reasons can be compared to those employers who remove a machine guard to increase production at the cost of injury. It is senseless and tragic to insist that employees are required to us cellphones for employment. It is time that mandatory technology safeguards be implemented to curb abuse and avoid trajic and unnecessary accidents.

Wednesday, August 10, 2011

Employee Penalized For Not Following Safety Rules

An employee's workers' compensation award maybe be reduced for failing to follow an employer's safety rules. A Missouri Court ruled that reducing an injured employee's award by 25% to 50% for failing to follow an employer's safety rules was not unconstitutional.

This ruling may have widespread application in many situations including distracted driving claims, where an employee sustains an accident while using a cell phone in violation of an employer's cell phone policy. The employer woud still remain responsible for the reduced award and, of course, subject to a 3rd part law suit by a potential 3rd party.

The reduction rule actually places fault back into the workers' compensation system which both violates the intent of the Act . Such a policy does not compensate for the reduced values (awards) anticipated and prescribed under the workers' compensation act. While the the logic seems to rational, the application further emasculates the intent of workers' compensation. It would be far more logical to put the cart before the horse, and work to prevent the unsafe work condition in the first place. Shifting responsibility to the injured worker is not consistent with the act's intent.

Thompson v. ICI American Holding, 2011 WL 3444008 (Mo.App. W.D.) Decided, August 9, 2011
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.

Saturday, August 6, 2011

Text To Join Our Mailing List - Workers Compensation Law

Stay up to date on current developments in workers' compensation benefit programs. Join our monthly newsletter Workers' Compensation Law mailing list today. Text WORKCOMP to 22828.

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.

Monday, August 1, 2011

Employers Risks Increase From Cell Phone Use

The results of a recent survey of US construction industry managers reflects that employers are now facing an increased risk of lawsuits for damages caused by accidents that their employees have had while using a cell phones while driving at work. The survey demonstrates that the passive action by employers, by merely having a written cell phone policy, is ineffective to stop distracted driving accidents caused by cell phone use.

The study, published by Zoom Safer Inc. , reveals that 72.1% of construction companies already have a written policy restricting employee cellphone use while driving. The findings of the survey disclose that 25.2% of the companies have knowledge or evidence that employee vehicle crashes occurred as a result of distractions arising from the use of cell phones while driving. The economic consequences for those companies could be severe since 10.8% of the companies responding to the survey reported that the accidents have resulted in lawsuits against the employer for employee's use of the a cell phone while driving.

While workers' compensation is a no fault system of insurance, the surge of claims caused by distracted driving by employees, will ultimately result in severe economic consequences to the employer. It is more than obvious that the economic liability to employers will be a driving force for employers to take a more active roll in curbing cell phone use, and for insurance carriers to reconsider the the need to transferability to employers to reduce distracted driving claims.

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.

Saturday, July 30, 2011

Cell Phones and Cancer: The Static in the Debate

A recently published European study boldly and with much confusion declares that children are not at an increased risk of cancer as a result of cell phone use. Knowledgeable commentators has questioned the reliability of the data and analysis resulting in questioning the veracity of the European study altogether.

Microwave News reported:

'The first study to look at brain tumors among children and teenagers who have used cell phones came out today and it shows no increased risk. Well, actually, the study, known as CEFALO, does indicate a higher risk —the problem is that it found a higher risk for all the kids who used a phone more than once a week for six months, regardless of how much time they spent on the phone. Because the risk does not go up with more use, the CEFALO team argues that the results argue against a true association.

Professor Franklin E. Mier, PhD, CID, Environmental and Occupational Health SciencesCUNY School of Public Health at Hunter College, commented:

"A study may provide "evidence for," or more rarely, evidence against an increased risk associated with an exposure. The exposure should be further characterized by level and duration. The evidence might further be characterized as "clear," "some" or "equivocal." In studies of people, either single studies or a collections of studies, "chance, bias, and confounding" must be evaluated, which impacts the strength of the evidence derived from the study. Studies failing to find an association should be characterized as "null" rather than "negative."

"Each newly published study should be characterized in the context of previous studies, evaluated as a group. IARC characterized the body of evidence previous to the study reported here as "limited." Those who wish to make their own evaluation should read the IARC monograph in detail. Personally, I don't think the body of evidence will ever advance beyond "limited" evidence. Also, resources and media attention will continue to be devoted to restudying this exposure (as opposed to other exposures of concern) because rich people use cell phones.

Dramatically conflicting studies are now surfacing. The signal is not yet clear and the static will have to resolve before the causal connection between cell phone use and cancer can be ruled out.

Tuesday, July 5, 2011

Employers Face Liability For Cell Phone Accidents

Accidents resulting from the use of cell phones at work shift liability to to the employer. Todd Clement, an expert trial lawyer from Dallas TX, in a recent interview, explains why employers are going to paying damages for distracted driving accidents involving their employees.

Multiple claims can be made following a work-related distracted driving accident caused by an employee's use of a cell phone. Those claims include an action by an employee, the who used the cell phone, against the employer for workers' compensation benefits. Since the system is a "no fault" program, the employer becomes liable for the payment of benefits to the employee inclusing: temporary, medical and permanent benefits.

Claims can also be made by the passenger (co-employee) against the employer under the workers' compensation act. Also, anyone else injured may also file a liability claim against the employer for their employee's distracted driving conduct.

In some jurisdictions claims may also exist an employer directly by an employee for the employer's failure to maintain a safe workplace. In many jurisdictions, if The US Occupational Safety and Health Administration (OSHA) cites an employer for maintaining an unsafe workplace, the employee may also be subject to OSHA files. Those violations may also be evidence used against the employer to establish proof that the employee did indeed maintain an unsafe workplace.

Tuesday, May 31, 2011

The Next Wave of Workers Compensation Claims: WHO Calls Cell Phones a Potential Cancer Risk

After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation occupational disease claims for cancer of the brain. The increase risk has been identified for glioma, a malignant type of brain cancer .

The research has been mounting concern about the possibility of adverse health effects resulting from exposure to radio frequency electromagnetic fields, such as those emitted by wireless phones. The number of mobile phones in use is estimated at 5 billion annually. The Working Group did not quantitate the risk; however, one study of past cell phone use (up to the year 2004), showed a 40% increased risk for gliomas in the highest category of heavy users (reported average: 30 minutes per day over a 10‐year period).

The WHO/International Agency for Research on Cancer (IARC) has been meeting from May 24 through May 31 in Lyon, France to access the potential carcinogenic hazards from exposure to radio frequency electromagnetic fields.

The IARC Monograph Working Group discussed and evaluated the available literature on the following exposure categories involving radiofrequency electromagnetic fields:

occupational exposures to radar and to microwaves;
environmental exposures associated with transmission of signals for radio, television and wireless telecommunication; and
personal exposures associated with the use of wireless telephones.

A report summarizing the main conclusions of the IARC Working Group and the evaluations of the carcinogenic hazard from radiofrequency electromagnetic fields (including the use of mobile telephones) will be published in The Lancet Oncology in its July 1st issue.

Cells phones have emerged as a significant issue in workers' compensation claims since their use has been a major cause of distracted driving resulting in many serious and fatal accidents on the job. The WHO/IARC report has the potential of causing a major new wave of workers' compensation claims for cancer.

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.

Related articles

Wednesday, May 25, 2011

Employers Face a Triple Legal Threat for Distracted Driving Claims

Employers usually make an "after the fact" reaction to cell phone use that the result in distracted driving accidents. The mounting liability for employers, a triple economic threat, may soon change their attitude to adopt an improved cell phone safety culture.

Employers who have no policy in-place or enforcement protocol, passive or active, seem to be in the majority according to a recently released survey conducted by ZoomSafer Inc. The company offers several products to actively stop cellphone use while driving. Their survey of over 500 business managers reveals that 32% of companies have knowledge or evidence of vehicle cashes that have occurred as a result of distractions stemming from employee use of cell phone while driving. Of the 54% of the companies with a defined cell phone policy, more than half, 27.3%, created that policy only after an incident occurred.

Employers are now faced with a triple threat of legal actions including: workers' compensation claims from their employees, liability law suits from the innocent individual who was injured, and now an OSHA fine. It is anticipated that these economic factors will have a major impact in creating an improved cellphone safety culture.

Tuesday, May 24, 2011

IARC To Issue Report on Cell Phones

The World Health Organization (WHO) is expected to release a decision by June 1st as to whether the radiation emitted from cellphones causes cancer. Scientists at the WHO’s International Agency for Research on Cancer will take part in an eight-day meeting in Lyons, France starting May 24, 2011.

The use of cell phones in the course of employment is a major concern as it results in distracted driving accidents. The new report will determine if employer mandated cell phone use can be causally connected to occupational cancer claims.

Tuesday, November 16, 2010

Lloyds Report Targets Potential Cell Phone Liability

Yet another reason why employers should be concerned with the risks of distracted driving has been reported by Lloyds of London. A recent report considers the electromagnetic fields (EMF) from mobile phones a potential risk to health.

The report reviews the medical causation issues involving a myriad of conditions ranging from brain cancer (acoustic neuromas and gliomas) to central nervous system effects, as well as reproduction and biological development consequences of EMF exposure over the long term. In reviewing historical litigation trends, the Lloyds report compares the legal consequences of asbestos exposure and the development of mesothelioma and analyzes the complicity and enormous liability that resulted from corporate concealment and conspiracy.

With over 4.3 billion mobile phones in use worldwide as of June 2009, this report increases the concern of employers who are already experiencing increased liability because of the use of cell phones while driving. A major initiative is underway by US Department of Transportation to curtail the use of cell phone by employee while driving because of the increase risk of motor vehicle accidents.

As workers’ compensation insurance carriers have already been challenged by significant losses as a result of occupational exposure to asbestos, the Lloyds report may encourage employers to restrict the use of a cell phone, except when used in a safe and protected manner.

Thursday, November 4, 2010

NIOSH Supports Efforts To Ban Distracted Driving

The National Institute for Occupational Safety and Health (NIOSH) is following the lead of the US Department of Labor by encouraging employers to ban cell phone use while operating vehicles. An outright prohibition and supporting legislation may lead to the prohibition of workers' compensation benefits in many jurisdictions in the near future unless more global and radical action is taken to re-mediate this dangerous activity.

“While the basic distractions of cell phone calls or text messaging are similar whether one is driving on work time or on personal time, there are sources of distraction and incentives to engage in distracted driving behaviors that are unique to the workplace,” noted John Howard, M.D., Director of the National Institute for Occupational Safety and Health (NIOSH). “Someone driving on personal time has the leisure of waiting to return a friend’s call or text message. In these situations, minimizing risk is a matter of changing personal behavior and habits,” Dr. Howard said. “Workers, however, may be required or pressured by job demands to engage in distracted driving behaviors. Strong employer policies to curb the use of cell phones and in-vehicle technologies while driving are an important tool in creating a safe driving culture within an organization.”

Dr. Howard added, “NIOSH applauds the efforts of the Departments of Transportation and Labor to highlight the important role public and private employers can play in reducing distracted driving. We join them in urging employers to set policies to prohibit text messaging while driving. In addition, NIOSH will continue to work with our federal and other partners to support further efforts to reduce distracted driving in the workplace.”

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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 work related accident and injuries.

Sunday, October 10, 2010

Cell Phone Safety and Workers Compensation

Workers' Compensation benefits may soon be denied to employees involved in motor vehicle accidents because of the unauthorized use of cell phones while driving within the course of their employment. As the US Department of Transportation (USDOT) continues to educate Americans with overwhelming statistical evidence that distracted driving is a major cause of accident, the denial of benefits to cell phone users may become a major incentive to create a safer work environment.

Meanwhile, the US Department of Transportation is leaning toward banning all use of cell phones by drivers. At the second national USDOT summit on the increased hazards of the use of cell technology a major campaign was launched to encourage employers to outright ban the use of cell phones by employees while working.

Employers have become increasingly concerned over employee "cognitive distraction" caused by the use of cell phones in motor vehicles as more data has become available associating driver cell phone use with accidents. Methods of enforcement will include the use of traffic cameras as the system already hss the capability of detecting drivers who are using telephones while driving. Evidentially, telephone billing records produced post accident can be used to corroborate the fact that an employee was using a telephone while working.

The precedent of using the workers compensation acts to make occupational environments safer is already established. The denial of workers' compensation benefits for unsafe actions by employees has previously been incorporated into law and has been an economic incentively for employers to reduce costs. Employees who are under the influence of drugs or alcohol, and those who fail to use employer provided safety devices, have already been denied benefits in some jurisdictions.

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 work related accident and injuries.

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