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Showing posts with label workers' compensation. Show all posts
Showing posts with label workers' compensation. Show all posts

Sunday, July 20, 2014

European Parliament pilot project on health and safety of older workers


European Parliament
Aged worker and OSH

The project, Safer and healthier work at any age – occupational safety and health (OSH) in the context of an ageing workforce aims to assess the prerequisites for OSH strategies and systems to take account of an ageing workforce and ensure better prevention for all throughout working life. The results will assist policy development and provide examples of successful and innovative practices. In doing so, the work aims to highlight what works well, what needs to be done or prioritised and to identify the main drivers and obstacles to effective implementation of policy initiatives in this area. The project builds on existing European work on sustainable work, for example, that of Eurofound.
The project is investigating:
  • OSH policies, strategies, programmes and actions in relation to older workers in EU member states and beyond 
  • policies, strategies and actions regarding employability and return-to-work in member states and beyond
  • case studies of support programmes and initiatives at the workplace
  • views of OSH stakeholders, employers, workers and worker representatives exploring their experiences, motivations, needs and challenges
  • tools and guidance to assist workplaces in managing OSH in relation to an ageing workforce
  • gender-related issues
An afternoon meeting to report on progress took place on 2nd of December 2013 in the European Parliament. A report of the meeting, including the presentations, is available here. A conference is planned...
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Tuesday, July 15, 2014

Why Improving Access to Health Care Does Not Save Money

Today's post was shared by The New York Times and comes from www.nytimes.com

One of the oft-repeated arguments in favor of the Affordable Care Act is that it will reduce people’s need for more intensive care by increasing their access to preventive care. For example, people will use the emergency room less often because they will be able to see primary care physicians. Or, they will not develop as many chronic illnesses because they will be properly screened and treated early on. And they will not require significant and invasive care down the line because they will be better managed ahead of time.
Moreover, it is often asserted that these developments will lead to reductions in health care spending. Unfortunately, a growing body of evidence makes the case that this may not be true.
One of the most important facts about health care overhaul, and one that is often overlooked, is that all changes to the health care system involve trade-offs among access, quality and cost. You can improve one of these – maybe two – but it will almost always result in some other aspect getting worse.


You can make the health care system achieve better outcomes. But that will usually cost more or require some change in access. You can make it cheaper, but access or quality may take a hit. And you can expand access, but that will increase cost or result in some change in quality.
The A.C.A. was primarily about access: making it easier for people to get insurance and the care it allows. The law also tries to make changes that may bend the curve of spending...
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Thursday, July 10, 2014

Workers’ Compensation: The Road Ahead

This article is another installment of my continuing series entitled, 'The Path to Federalization."


Historical analysis of corporate wealth provides insight as to why the Nation’s workers’ compensation, conceived as a remedial social insurance program, has become dysfunctional. The National interest that drives the program is a strong predictor of future coverage for injured workers' and their families.

Over a century ago, in 1911, the US adopted a patchwork of programs to provide benefits to injured workers in a summary fashion. While much has changed over the century, the majority of states continue with the traditional programs, although they are seriously restricted in benefit delivery.

James Surowiecki authored an article, “Moaning Moguls,” in this week’s New Yorker magazine that focuses on why the system has really changed:

 

“A century ago, industrial magnates played a central role in the Progressive movement, working with unions, supporting workmen’s compensation laws and laws against child labor, and often pushing for more government regulation. This wasn’t altruism; as a classic analysis by the historian James Weinstein showed, the reforms were intended to co-opt public pressure and avert more radical measures. Still, they materially improved the lives of ordinary workers. And they sprang from a pragmatic belief that the robustness of capitalism as a whole depended on wide distribution of the fruits of the system.”
***
“If today’s corporate kvetchers are more concerned with the state of their egos than with the state of the nation, it’s in part because their own fortunes aren't tied to those of the nation the way they once were. In the postwar years, American companies depended largely on American consumers. Globalizationhas changed that—foreign sales account for almost half the revenue of the S&P 500—as has the rise of financial services (where the most important clients are the wealthy and other corporations). The well-being of the American middle class just doesn’t matter as much to companies’ bottom lines. And there’s another change. Early in the past century, there was a true socialist movement in the United States, and in the postwar years the Soviet Union seemed to offer the possibility of a meaningful alternative to capitalism. Small wonder that the tycoons of those days were so eager to channel populist agitation into reform. Today, by contrast, corporate chieftains have little to fear, other than mildly higher taxes and the complaints of people who have read Thomas Piketty. Moguls complain about their feelings because that’s all anyone can really threaten. “


As income inequality continues to fan the stalemate in Washington, there is little hope for a rescue of the nation’s ailing workers’ compensation system from extinction. Unless corporate greed yields to national interest, workers’ compensation as we now know it, will be subsumed into a program financed by taxpayers instead of consumers.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.

Click Here to Read More About "The Path to Federalism"

Chinese Hackers Pursue Key Data on U.S. Workers

The meaning of confidentiality appears to be strained daily by reports in the media that digital information is either made public by hacking and/or government access. Workers' Compensation by law in most jurisdiction has been built on a theoretical foundation of privacy and confidentiality. The ramification of disclosure of this information will bring discrimination to a level level of development that may may inhibit the filing of claims altogether. Today's post is share from the NYTimes.com and reflects a concern over the extent of data disclosure about US Workers.

Chinese hackers in March broke into the computer networks of the United States government agency that houses the personal information of all federal employees, according to senior American officials. They appeared to be targeting the files on tens of thousands of employees who have applied for top-secret security clearances.

The hackers gained access to some of the databases of the Office of Personnel Management before the federal authorities detected the threat and blocked them from the network, according to the officials. It is not yet clear how far the hackers penetrated the agency’s systems, in which applicants for security clearances list their foreign contacts, previous jobs and personal information like past drug use.

In response to questions about the matter, a senior Department of Homeland Security official confirmed that the attack had occurred but said that “at this time,”...

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Related articles

Monday, July 7, 2014

Sugar Plant Removed Safety Device 13 Days before Temp Worker’s Death



This tragic story is shared from .propublica.org and was done in collaboration with Univision.

Inside the sugar plant in Fairless Hills, Pa., nobody could find Janio Salinas, a 50-year-old temp worker from just over the New Jersey border.

Throughout the morning, Salinas and a handful of other workers had been bagging mounds of sugar for a company that supplies the makers of Snapple drinks and Ben & Jerry's ice cream. But sugar clumps kept clogging the massive hopper, forcing the workers to climb inside with shovels to help the granules flow out the funnel-like hole at the bottom.

Coming back from lunch that day in February 2013, one employee said he had seen Salinas digging in the sugar. But when he looked back, Salinas was gone. All that remained was a shovel buried up to its handle. Then, peering through a small gap in the bottom of the hopper, someone noticed what appeared to blue jeans.

It was Salinas. He had been buried alive in sugar.

As harrowing as the accident was, federal safety investigators recently discovered something perhaps even more disturbing: A safety device that would have prevented Salinas' death had been removed just 13 days before the accident because a manager believed it was slowing down production.

After a series of gruesome accidents involving untrained temp workers, the U.S. Occupational Safety and Health Administration (OSHA) has stepped up its enforcement of rules affecting temp workers. In recent cases, OSHA has held companies and temp agencies jointly responsible for training, and it...
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Wednesday, July 2, 2014

Trickle Down Consequences of Professional Athletic Head Injuries

The new NFL logo went into use at the 2008 draft.
The new NFL logo went into use at the 2008 draft. (Photo credit: Wikipedia)
The consequences of denying workers' compensation benefits to professional athletes is having a profound effect on high school and community sporting programs. When a system that is supposed to provide medical benefits and disability payments in a summary fashion turns it's back on professional players, the issue of safety becomes even more important to those who re considering entering the economic lottery of sports for success.

"The sport of football is changing. Revelations about widespread brain injuries have ushered in new rules and a lawsuit against the NFL. But what about the millions of kids who play football in elementary, middle and high school? We asked our network of Student Reporting Labs around the country to investigate the impact of new awareness of concussions on youth football programs in their communities."

Sunday, June 29, 2014

Rick Perry, Texas and A Record of High Worker Fatalities and of Weak Benefits

Rick Perry presidential campaign, 2012
Rick Perry presidential campaign, 2012 (Photo credit: Wikipedia)
Texas does not mandate workers' compensation coverage and injured workers. The difficulties with such a program are highlighted in a report shared from the NYTimes.com If Rick Perry runs for President in 2016 the system maybe promoted for national adoption.

Almost anywhere in the vast Lone Star State, one can find evidence of the “Texas miracle” economy that policy makers like Gov. Rick Perry have talked about in their political speeches.

The hot economy, they say, is the result of their zealous opposition to over-regulation, greedy trial lawyers and profligate government spending.

But state leaders have rarely mentioned the grim side of the workplace: Texas has led the nation in worker fatalities for seven of the last 10 years, and when Texans get hurt or killed on the job, they have some of the weakest protections and hardest-to-obtain benefits in the country.

Texas is the only state that does not require private employers to carry workers’ compensation insurance or a private equivalent, so more than 500,000 workers — about 6 percent of the work force — receive no occupational benefits if they are injured on the job. On-the-job injuries can leave them unable to work, and with little recourse.

More than a million Texans are covered by private occupational insurance from their employers. Those plans are not regulated by the state but are often written to sharply limit the benefits, legal rights and medical options of workers. Employers, however, say their workers often get quicker and better care under the private plans.

Most Texas workers, about 81 percent, are covered by a state-regulated compensation system, which provides injured workers with standard benefits, including partial...

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Wednesday, June 25, 2014

New York's Acupuncture Experiment

As a young lawyer I was in Compensation Court once when my father, a seasoned workers' compensation attorney, obtained an Order for his client to receive a course of treatment at the "Turkish Baths." Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com

My dad was a pioneering dentist in California while I was growing up.

He was the first in the state to have any automation in his dental office, with a computer system that cost thousands of dollars more than the top of the line systems offered today, with about one-one hundredth of the computing power...

I recall when I was a young lawyer practicing work comp law and was confronted with the first of what became a short lived trend of temporomandibular joint disorder cases. I asked my dad about the "disease" because I had to depose a physician about it for the first time, and in typical Dad fashion, when I tried to get some meaningful insight into the theory of the disorder he just replied, "It's bulls*#t."

And that was it - no further explanation given by Dad. (And now those of you who know me can understand where my abbreviated sense of conclusory commentary comes from.)

He always sought to broaden the scope of his practice to make sure he could offer his patients as much service as possible.

Dad's practice was one of the first in the state to offer nitrous oxide for low grade anesthesia and his partner, my then brother-in-law, was the first in the state to be certified to dispense NO2 and taught and certified many dentists over the years.

In his pioneering spirit my dad also tried acupuncture for dental anesthesia. He spent months studying the Eastern medicine discipline, brought home all sorts of dolls with dots and lines signifying the path of chi and...

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Related articles

The Conflict Between NAFTA and Comp (workers-compensation.blogspot.com)
Long Way Down (workers-compensation.blogspot.com)
OK's True Cost Control Feature (workers-compensation.blogspot.com)
Delay Or Deny At Your Risk (workers-compensation.blogspot.com)
Texas Pointing Way to Healthy Market (workers-compensation.blogspot.com)

Monday, June 23, 2014

On-Demand Labor - Is Workers' Compensation Ready for Flex-Time Employment?


Today President Obama announced the expansion of flexible hours for governmental employees. This major trend, already exists in private industry as companies seek to expand on-demand employment.

This appears to be an expansion of  the President's remarks made Saturday in his weekly address: "Then there’s the issue of flexibility – the ability to take a few hours off for a parent-teacher conference or to work from home when your kid is sick. Most workers want it, but not enough of them have it. What’s more, it not only makes workers happier – studies show that flexibility can make workers more productive and reduce worker turnover and absenteeism. That’s good for business."

A serious issue will be whether the century old workers' compensation system be able to adapt to the irregular work hours. Workers' compensation is a patchwork of systems that evolved 100 years ago in a tradeoff of benefits and legal duties. It's fiscal structure is based on premiums paid for hours worked, ie. audited payrolls.

A new dynamic now exists in both the delivery of both wage loss benefits and medical benefits. This new frontier will have a profound effect upon the national workers' compensation program.

Wages historically form the basis of establishing rates for both temporary and permanent disability benefits. Some of those benefits are subject to reconstruction based on limited/reduced wages, ie. temporary disability benefits. Some wages not reconstructed, ie. permanent disability benefits. 

The cost of medical benefits is an escalating challenge to the entire system. Medical benefits are paid entirely by the employer. As medical/pharmaceutical benefits continued to soar in cost, and the Federal medical care program continues to expand, the Affordable Care Act, workers compensation program will become less stable. 

Over the decades the concept and ethic of work, as we have know it to exist, has changed. Adding the processes of, the expansion of flexible work hours and on-demand employment on a global basis, will require readjustment of the workers' compensation delivery system. 

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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, April 28, 2014

US EPA Seeks Input About Lead Contamination in Public and Commercial Buildings

The U.S. Environmental Protection Agency (EPA) is inviting small businesses to participate as consultants for a Small Business Advocacy Review (SBAR) Panel as the agency considers steps to reduce lead based paint exposure from the renovation, repair, and painting of public and commercial buildings as required by section 402(c)(3) of the Toxic Substances Control Act (TSCA).

The SBAR Panel is being established pursuant to the Regulatory Flexibility Act, and will include representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The Panel will ask a selected group of Small Entity Representatives (SERs) to provide advice and recommendations on behalf of their company, community, or organization to inform the Panel on impacts of a proposed rule on small entities involved in the renovation, repair, and painting of public and commercial buildings. SER panelists may participate via telephone or webinar, as well as in person.

EPA seeks self-nominations directly from the small businesses, small governments and small organizations that may be subject to the rule requirements to facilitate the selection of SERs. An entity is eligible to be a SER if it will be directly subject to the particular proposed regulation under development and meets one of the SBA’s definitions http://www.sba.gov/content/table-small-business-size-standards
to qualify as a small entity.

EPA encourages the actual owners or operators of small businesses, community officials, and representatives of non-profit organizations to participate in this process. However, a person from a trade association that exclusively or primarily represents potentially regulated small entities may also serve as a SER.

Self-nominations may be submitted through the link below and must be received by May 9, 2014.

To nominate yourself, visit: How can I get Involved: http://www.epa.gov/rfa/lead-pncb.html
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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, March 31, 2014

The Risk That Is Just Too Big for Workers' Compensation: Global Warming

Unforseen to the crafters of the workers' compensation system more than a century ago was the factor of global warming and its dire consequences. A risk too big to cover. While workers' compensation was intended to provide coverage for industrially related accidents and injuries, no one envisioned the effects of global warming, ironically industrially precipitated, upon the workplace environment.

Workers compensation was supposed to insure injured workers from all risks in the workplace, both human or "Acts of God," ie. climate related. Weather-related events now top the news. This year weather induced: flooding, drought, Polar Vortex(s) and the next El Nino are capturing the headlines and causing havoc and illnesses and injuries in the workplace.

Today the UN Intercontinental Panel on Climate Change (UN IPCC) has issued a dire pronouncement. The NY Times reports, "It cited the risk of death or injury on a widespread scale, probable damage to public health, displacement of people and potential mass migrations."

The key risks that follow, all of which are identified with high confidence, span sectors and regions. 

i. Risk of death, injury, ill-health, or disrupted livelihoods in low-lying coastal zones and small island developing states and other small islands, due to storm surges, coastal flooding, and sea-level rise.

ii. Risk of severe ill-health and disrupted livelihoods for large urban populations due to inland flooding in some regions.

iii. Systemic risks due to extreme weather events leading to breakdown of infrastructure networks and critical services such as electricity, water supply, and health and emergency services.

iv. Risk of mortality and morbidity during periods of extreme heat, particularly for vulnerable urban populations and those working outdoors in urban or rural areas.

v. Risk of food insecurity and the breakdown of food systems linked to warming, drought, flooding, and precipitation variability and extremes, particularly for poorer populations in urban and rural settings.

vi. Risk of loss of rural livelihoods and income due to insufficient access to drinking and irrigation water and reduced agricultural productivity, particularly for farmers and pastoralists with minimal capital in semi-arid regions.

vii. Risk of loss of marine and coastal ecosystems, biodiversity, and the ecosystem goods, functions, and services they provide for coastal livelihoods, especially for fishing communities in the tropics and the Arctic.

viii. Risk of loss of terrestrial and inland water ecosystems, biodiversity, and the ecosystem goods, functions, and services they provide for livelihoods.

A few weather related injuries were not a problem in the past for the beleaguered occupationally related insurance program to handle.However the UN IPCC's prediction of risk and consequences is at an unimaginable magnitude.   The consequences of climate appear to be a risk that is just too big for workers' compensation to handle.
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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, December 25, 2013

High Court in Japan Holds Government Negligent for Asbestos

For the first time ever, a Court has held a government liable for the negligent use of asbestos. Today's post is shared from Koyoto News kyodonews.jp and from Laurie Kazan-Allen 
The Osaka High Court on Wednesday became Japan's first high court to hold the government responsible for failing to prevent workers from being exposed to harmful asbestos.
In a suit seeking 700 million yen in damages filed by 58 plaintiffs including former asbestos spinning mill workers in southern Osaka Prefecture, the court also awarded more in damages than the Osaka District Court had in an earlier ruling.
The Osaka High Court ordered the government to pay 340 million yen in damages, nearly twice the 180 million yen awarded by the district court in March 2012.
Read the complete article at http://english.kyodonews.jp/news/2013/12/263418.html

Tuesday, December 17, 2013

Oklahoma Supreme Court Rejects Challenge To Worker's Comp Law - Opt-Out is The Law

The Oklahoma Opt-Out Law for workers' compensation has been upheld by the Oklahoma Supreme Court. The Industry biased system will take the place of the traditional system in Oklahoma in February 2014. Today's post is shared from newson6.com  .

The Oklahoma Supreme Court has rejected a constitutional challenge to the state's new workers' compensation law.
The court handed down the ruling Monday, just one week after justices heard oral arguments in a lawsuit challenging the law. The court rejected allegations the law contains multiple subjects in violation of the Constitution's single-subject rule that legislation address just one subject.
The ruling says all sections of the new law are inter-related and refer to the single subject of workers' compensation or the way employees may ensure protection against work-related injuries.
The legislation was signed into law by Republican Gov. Mary Fallin in May. It was challenged in the lawsuit by state Sen. Harry Coates, state Rep. Emily Virgin -- both Democrats -- and the Professional Firefighters of Oklahoma.
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Monday, December 16, 2013

Victims of Misclassification

Misclassification is a major issue for workers' compensation programs. Misclassified workers are those who should be considered employes but have been denied employment status. This post is shared by from the nytimes.com

.LAST month, a Michigan construction worker named Matt Anderson testified in a Senate hearing about being a victim of employee misclassification. Mr. Anderson said that his employer forced him, after six years as an employee, to switch to “independent contractor” status. Though the move stripped Mr. Anderson of basic employee rights and protections, he went along with the change, he said, because “my fellow workers and I had families to support and we saw how bad the economy was.”

Today, millions of American workers in a wide variety of sectors, from construction and trucking to I.T. and professional services, are victims of misclassification, a tactic employers use to avoid paying taxes and providing benefits that are guaranteed to employees, such as workers’ compensation, overtime pay, minimum wage and unemployment insurance.

In 2000, a United States Department of Labor study estimated that up to 30 percent of employers misclassify workers. This year, the Treasury Department’s inspector general concluded that the problem had worsened. Fifteen states have now teamed up with the Department of Labor and the Internal Revenue Service to reduce misclassification through information sharing and joint...


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Saturday, December 14, 2013

When Life Goes On, and On ...

The debate over a longer lifespan confronts many issued including medical costs, insurance coverage and quality of life. Workers' Compensation programs pay for lifetime care also in most instances. Today's post is shared from the NYTimes.org  .
To the Editor:
Re “On Dying After Your Time,” by Daniel Callahan (Sunday Review, Dec. 1): Mainstream aging research neither promises radical immortality nor seeks to keep old people sick longer. Aging is a driving factor in the most prevalent and costly chronic diseases. Research indicates that interventions slowing aging delay the onset of these diseases. Therefore, they extend not only life span but also health span, the disease-free and functional period of life.
Fundamentally, the goals of aging research are not dissimilar from efforts to prevent or treat Alzheimer’s or other chronic diseases in that they both seek to improve quality of life in the elderly. The difference is that interventions in aging may prevent not just one but a range of debilitating diseases simultaneously.
The reality is that the world is rapidly getting older. With baby boomers leaving the work force, there won’t be enough workers to pay the ever-increasing Medicare costs of the retired. Extending health span will lower Medicare costs and allow aging people to stay engaged.
Interventions that slow human aging will provide a powerful modality of preventive medicine: improving quality of life by keeping people...
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