Bird Flu: Is Human-to-Human Spread Taking Flight?

The Centers for Disease Control and Prevention [CDC] alert from September 27, 2024, raises concerns about human-to-human transmission of bird flu among workers. If this occurs, it will create a major occupational disease outbreak in the workplace that may severely impact workers’ compensation claims.

Chevron's Fall: Medicare Set-Asides Face Legal Shake-Up

The recent U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo (2024), which overturned the Chevron doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., is likely to have significant impacts on how the Centers for Medicare & Medicaid Services (CMS) operates regarding the Medicare Secondary Payer (MSP) Act, including conditional payments and Medicare Set-Aside (MSA) agreements. 

EPA Moves to Ban Dacthal: Worker Safety Concerns

The US EPA's proposed rule to ban Dacthal (DCPA) is rooted in concerns about the significant health risks it poses, particularly to workers who handle the pesticide or work in treated fields. Dacthal has been shown to disrupt thyroid hormone levels in fetuses, potentially leading to long-term developmental issues such as low birth weight, impaired brain development, decreased IQ, and motor skill deficits.

Bird Flu Strikes Colorado Poultry Workers: CDC Confirms

The US Centers for Disease Control [CDC]] has reported additional humans have been infected with bird flu.

How OSHA Standards Revolutionize Workplace Safety

Jordan Barab’s recent testimony before the House Education and Workforce Committee Subcommittee on Workforce Protections focused extensively on the importance of OSHA (Occupational Safety and Health Administration) standards in ensuring workplace safety. 

New Jersey's S2422: Blazing a Trail for Worker Heat Protection Amid Federal Uncertainty

New Jersey Senate Bill S2422 provides for an occupational heat standard and aims to protect workers. The state-level proposal is critical in light of the recent US Supreme Court decision on Federal regulations.

The Predicted Active Hurricane Season Stirs Trouble

An active hurricane season can significantly impact the workers' compensation system in terms of claims and losses. 

Expert’s Published Study Protected Speech

A Federal Court held that the statements in a published academic article authored by a plaintiff’s expert were not actionable because they were either statements of opinion or because they were protected by the First Amendment.

OSHA Proposes a Workplace Heat Standard

OSHA’s proposed new workplace heat standard requires employers to develop a plan to identify and address heat hazards. This plan must include monitoring heat conditions, providing water, and training employees about heat safety. The standard also sets requirements for acclimatization for new and returning employees.

The EPA Final Rule on Methylene Chloride

The Environmental Protection Agency (EPA) finalized a rule in April 2024 significantly restricting the use of methylene chloride due to its health risks. This analysis examines the rule's impact on workers and potential workers' compensation claims.

Unions Sue New Jersey to Close Smoking Loophole

The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) have filed a lawsuit against New Jersey to eliminate a controversial exemption in the Smoke-Free Air Act. This exemption allows continued smoking in Atlantic City casinos, exposing tens of thousands of workers to secondhand smoke and its associated health risks.

Exposed to "Forever Chemicals": NJ Workers' Compensation for PFAS Illness

Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in the body over time. Unfortunately, some New Jersey workers are facing serious health consequences due to PFAS exposure.

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

Asbestos Claimants Maybe be Impacted by US Supreme Court Decision

The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. The outcome of this case will significantly impact how asbestos claims are handled in bankruptcy proceedings.

US Bans Asbestos

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

OSHA Fines Paterson NJ Contractor $1Million for Fall Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited a New Jersey contractor for again exposing workers to fall hazards, this time while working at a construction site in Franklin Lakes, New Jersey.

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Household Contact Awarded $30 Million Verdict for Mesothelioma

Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.

Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2022

There were 5,486 fatal work injuries recorded in the United States in 2022, a 5.7-percent increase from 5,190 in 2021, the U.S. Bureau of Labor Statistics reported today. The fatal work injury rate was 3.7 fatalities per 100,000 full-time equivalent (FTE) workers, up from 3.6 per 100,000 FTE in 2021.  These data are from the Census of Fatal Occupational Injuries (CFOI).