US Workplace Deaths Decrease

A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008. The 2009 total represents the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program was first conducted in 1992. Based on this preliminary count, the rate of fatal work injury for U.S. workers in 2009 was 3.3 per 100,000 full-time equivalent (FTE) workers, down from a final rate of 3.7 in 2008. Counts and rates are likely to increase with the release of final 2009 CFOI results in April 2011. Over the last 2 years, increases in the published counts based on information received after the publication of preliminary results have averaged 156 fatalities per year or about 3 percent of the revised totals.

Economic factors played a major role in the fatal work injury decrease in 2009. Total hours worked fell by 6 percent in 2009 following a 1 percent decline in 2008, and some industries that have historically accounted for a significant share of fatal work injuries, such as construction, experienced even larger declines in employment or hours worked. In addition, some source documents used by CFOI State partners to identify and verify fatal work injuries were delayed, due at least in part to fiscal constraints at some of the governmental agencies who regularly provide source documentation for the program.

Key preliminary findings of the 2009 Census of Fatal Occupational Injuries: 

- Workplace homicides declined 1 percent in 2009, in contrast to an overall decline of 17 percent for all fatal work injuries. The homicide total for 2009 includes the 13 victims of the November shooting at Fort Hood. Workplace suicides were down 10 percent in 2009 from the series high of 263 in 2008.

 - Though wage and salary workers and self-employed workers experienced similar declines in total hours worked in 2009, fatal work injuries among wage and salary workers in 2009 declined by 20 percent while fatal injuries among self-employed workers were down 3 percent. 

- The wholesale trade industry was one of the few major private industry sectors reporting higher numbers of fatal work injuries in 2009. 

- Fatal work injuries in the private construction sector declined by 16 percent in 2009 following the decline of 19 percent in 2008.

- Fatalities among non-Hispanic black or African-American workers were down 24 percent. This worker group also experienced a slightly larger decline in total hours worked than non-Hispanic white or Hispanic workers. 

- The number of fatal workplace injuries in building and grounds cleaning and maintenance occupations rose 6 percent, one of the few major occupation groups to record an increase in fatal work injuries in 2009.

 - Transportation incidents, which accounted for nearly two-fifths of all the fatal work injuries in 2009, fell 21 percent from the 2,130 fatal work injuries reported in 2008. 

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• Fatal Workplace Injuries Declined 17% in 2009 (nytimes.com)
• Workplace deaths fall to lowest since 1992 (abclocal.go.com)
• Workplace Deaths Fall to Lowest Level Since '92 (online.wsj.com)
• Workplace deaths fall to lowest level since 1992 (usatoday.com)

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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Comment:

The BLS fatality figures are the fatalities from injuries that occurred at the worksite or shortly thereafter, and do not include occupational illness fatalities, the latter primarily from toxic chemical exposures in the workplace.

Worker deaths from toxic exposures, other work illnesses are conservatively estimated by NIOSH, Steenland, Markowitrz, and other researchers at 50,00 to 60,000 deaths each year, or ten times the number of fatalities from work injuries. It is a disaster of monumental proportions that goes largely unrecorded. The United States has no comprehensive occupational health data collection system.

As we have lagged behind other nations in our lack of a national comprehensive medical and statistical database on occupational illnesses, occupational injuries; we have lagged behind in the research into the causes and consequences of occupational illnesses that would lead to improved diagnosis, treatment, prognosis, and ultimately prevention, of occupational toxic exposures and resultant diseases.

Patrice Woeppel, Ed.D.

Author: Depraved Indifference: the Workers' Compensation System

www.patricewoeppel.us

US EPA Removes NJ Millington Asbestos Site from Super Fund List

The U.S. Environmental Protection Agency (EPA) has successfully completed cleanup work at the Asbestos Dump Superfund site in Long Hill Township and Harding Township, Morris County, New Jersey and has deleted the site from the National Priorities List of hazardous waste sites, commonly known as the Superfund list.

Between 1927 and 1975, under the operation of several different manufacturing companies, waste products containing asbestos were disposed of throughout the site, resulting in soil contamination. The nearby Passaic River was also threatened by runoff of contaminated surface water from the site. Currently, site properties are owned by the State of New Jersey, U.S. Fish and Wildlife Service (USFWS), and private parties. National Gypsum Company is the responsible party for the site. 

Asbestos is a known carcinogen and the known cause of asbestosis, lung cancer and mesothelioma.

Click here to read more about asbestos related disease and claims for benefits. 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 asbestos related illnesses.

Intentional Tort Claim Against Employer Proceeds for Pesticide Spraying

A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort  flowing from a pesticide spraying. 


The workers, residents of Puerto Rico, were employed on  a NJ farm harvesting produce. hey were employed to work in fields that the employer recently applied pesticides or was actually spraying the pesticides. Is was alleged that the employer failed to provide medical assistance after the workers became ill and did not provide the employee's physicians with complete with complete information on the [potential pesticide exposure that would have allowed better treatment.


The Court denied the defendant's motion for summary judgement and is allowing the case to be heard.


Montalvo v. Larchmont Farmes, Inc., Civil Action No. 06-2704 (RBK/AMD) 2010 WL 3025045 (D.N.J.) decided July 29, 2010,


Click here to read more about pesticide exposures and workers compensation.


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 exposures,

Asbestos Used by Brake Workers Linked to Malignant Mesothelioma

A recent study published in the Annals of Occupational Hygiene finds that exposure to chrysotile asbestos fiber manufactured by a friction materials factory, Raybestos Manhattan Inc., was causally to malignant mesothelioma, a rare and fatal disease. This appears to be consistent with the association previously established among Quebec asbestos miners and at a South Carolina asbestos textile factory. 


Raybestos Manhattan formerly had many frictional materials plants in operation throughout the US. One facility was located in Passaic NJ. That plant closed in June of 1975. Hundreds of workers' compensation claims were filed by the former workers who suffered from illnesses as a result of the exposure to asbestos fiber. Claims were also filed against the manufacturers and distributors of asbestos products including the asbestos mines in Quebec. 


Annals of Occupational Hygiene, doi:10.1093/annhyg/meq046 


Click here to read more about asbestos related disease and claims for benefits. 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 asbestos related illnesses.

Energy Workers Seek Faster Benefit Processing System

Energy workers exposed to radioactive substances and their survivors have spoken out for a speedier process to obtain benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000. The EEOICPA was intend to provide compensation payment to energy workers and their survivors by way of a lumpsum payment and medical coverage for certain diseases.


The complex benefit system has been plagued by delays in processing claims. The latest outcry has come from workers of a uranium conversion plant in Metropolis, IL, where 42 workers have died of cancer. Ironically Metropolis was the self-proclaimed hometown of the comic book character, Superman.


The US Government Accountability Office (GAO) issued a report in March 2010 recommending that additional independent oversight should be created. The report found that cases that do not require dose reconstruction take about a year to process, but those that do require it, may take up to 3 year to process.


Click here to read more about EEOICPA "The Cold War Compensation Act"


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Insurance Company Liable in Tort for Delay of Medical Treatment

A US District Court Judge held that a valid cause of action existed directly against an insurance company for the delay treatment to an injured worker. The court, in denying a motion for summary judgment, held that when an insurer negligently ignored the advice of its own medical expert concerning medical treatment, a claim against the insurer itself was not barred by the Exclusivity Doctrine.


Davis v One Beacon, et al., 2010 WL 2629053 (D.N.J.) Civil Action No. 09-cv-4179 (NLH)(KMW) Decided June 28, 2010.


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

World Trade Center Registration Deadline September 13, 2010

The deadline to register with the NY State Workers' Compensation Board is September 13, 2010 if you participated in the rescue, recovery and clean-up of the World Trade Center following the attack of September 11, 2010. The work duty covers Ground Zero, Fresh Kills Landfill, the barges, the piers and the morgues.


Registration form WTC-12.


Click here to read more about World Trade Center Claims.

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Outsourcing is the New Carve Out for Government

The economic consequences of the Depression of 2007 is causing a huge drop in governmental employment and a rebound of that job market is not anticipated in the foreseeable future. In order to save payroll costs, including the expense of workers’ compensation benefits, governmental entities are looking to privatization to avoid expenses. A pattern of furloughing staff, laying off employees and eventually outsourcing work, is the present trend.  This pattern mirrors the original workers’ compensation carve out provisions utilized to lower costs originated by Bechtel and other large employers.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Workers Compensation Takes a Bigger Bite Out of the Big Apple

The Workers' Compensation costs for the City of New York are trending upward while the number of cases are declining. In its latest yearly report on Workers Compensation costs it was revealed that in 2009 $12.9 Million were paid out to injured workers in 14,430 cases. Uniformed employees, ie. fire and police, are not covered under the workers' compensation.


Click here to read more about workers' compensation and claims for benefits. 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 asbestos related illnesses.

Lung Cancer Risk High Despite Absence of Asbestosis Diagnosis

Asbestos workers continue to have a higher risk for lung cancer even if asbestos findings are not present on x-ray. A recent report in the American Journal of Industrial Medicine concludes, "Workers from an Ontario asbestos-cement factory who did not have radiographic asbestosis at 20 or 25 years from first exposure to asbestos continued to have an increased risk of death from lung cancer during an additional 12 years of follow-up." 


Click here to read more about workers' compensation and claims for benefits. 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 asbestos related illnesses.

Getting the Right Count on Injured Workers--Self-Reporting

The massive underreporting of occupational injuries and illness has been a major focus of concern in the evaluation of the true efficiency of the present patch work of State workers' compensation programs. A recent report published by the Centers for Disease Control and Prevention (CDC) highlights the feasibility of complementing existing occupational injury surveillance through the use of population-based surveys.


The report concludes that, "....additional research is needed to understand the reasons for nonpayment of worker-reported occupational injuries by workers' compensation insurance programs."  The Behavioral Risk Factor Surveillance System (BRFSS) is a non-employer based data reporting system.


Click here to read the report.


Click here to read more about workers' compensation and claims for benefits. 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 asbestos related illnesses.

New Jersey Task Force Recommends Privatization of Workers Compensation

A NJ Task Force has recommended to Governor Chris Christie that workers' compensation should be privatized in the State. The Task Force looked to the West Virginia system in making its recommendation.


"West Virginia Governor Joseph Manchin signed a law in 2005 fully privatizing the state's Workers' Compensation Commission, transforming it into a private insurance carrier, BrickStreet Insurance. Since the completion of the process in 2008, workers' compensation rates have declined an average of 30 percent statewide, translating to more than $150 million in annual employer savings. BrickStreet—formerly the state monopoly—is now competing for business in other states."

The State of New Jersey, like other major industrial states, is suffering from major economic deficits that have resulted n curtailed state services including the furlough of Workers' Compensation staffs and closing of offices. The state's financial woes are mirrored in the local municipalities and it is anticipated that those governmental entities will also follow the State's lead to jettison the administration of workers' compensation programs. In california some localities have gone even further and privatized their staffs to lower costs.

Click here to read the complete report.

Click here to read more about workers' compensation and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Is the Cosmetic Industry the Next Tobacco or Asbestos?

Do You Want a Toxic Manicure?

The health dangers emanating from the unregulated cosmetic industry are becoming more apparent and more tragic. The serious health consequences of exposures flowing from the cosmetic industry may generate the next wave of mass tort litigation based on the predictability of emerging workers' compensation trends. 


Within the past few weeks, the carcinogenic properties of sunscreen products, which are advertised to inhibit cancer, have been reported to possibly causing it themselves. The generic and plan properties of the sun screens have been polluted by the carcinogenic properties of fragrances that have been reported to cause cancer themselves.


The Safe Cosmetics Act, now under consideration by Congress, will help protect workers' health.  The proposed legislation would establish a Center for Postmarket Drug Safety and Effectiveness.


Additionally,  The Protection America's Workers Act provides additional safeguards to workers. Thhe proposed legislation will:


*Expand workplace protections to state, county, municipal, and federal
employees who are not currently covered by the Occupational Safety and
Health Act

* Increase financial penalties for those who kill or endanger workers

* Strengthen criminal penalties to make felony charges available
for willful negligence causing death or serious injury

* Expand OSHA coverage to millions of employees who fall through
the cracks (like airline and railroad workers)

* Provide protection for whistleblowers

* Give employees the right to refuse hazardous work that may kill them

* Improve the rights of workers and families, requiring OSHA to
investigate all cases of death

* Prohibit employers from discouraging reporting of injury or illness

The Cosmetics industry has far too long relied upon a self-insurance schema and a lobbying effort  to protect its fortunes and not its workers. Emerging litigation in the workers' compensation arena traditionally explodes into mass torts. This has been the historical pattern evidenced by asbestos, tobacco and latex. The initial claims have already been successfully prosecuted for injured workers exposed to fragrances. Hopefully the next wave can be avoided and quick government regulation of the cosmetic and fragrance industry can avoid the inevitable and the workplace can be made safer.


Click here to read more about cosmetics and fragrances and workers compensation.


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

How to Register for the NIOSH Oil Spill Workers Voluntary Roster for Health Monitoring

The National Institute for Occupational Safety and Health (NIOSH) is developing a voluntary roster of response workers to create a record of those who have participated in cleanup activities and a mechanism to contact them about possible work-related symptoms of illness or injury, as needed. The Unified Command and BP support the roster and the goal of identifying all workers, including volunteers, involved in all response/cleanup activities. Workers have the opportunity to be rostered during training and at established staging areas (locations to which trained workers report for duty each day) in Louisiana, Mississippi, Alabama, and Florida. NIOSH also is rostering response workers online through a secure web site. NIOSH has provided the secure link to multiple federal agencies and BP, and has asked them to refer workers to the web site to complete the rostering form electronically.

As of July 15, 2010 over 38,778 workers have registered on the NIOSH roster.

NIOSH has requested that all cleanup workers and volunteers register for the following reasons:

"We know that workers may be potentially exposed to things in an oil spill cleanup: such as oils, volatile organic compounds, polyaromatic hydrocarbons, diesel fumes, heat, noise, and heavy lifting.

"We know that training will help provide information to workers about these exposures, and we are interested in what training workers receive.

"We want to gather information from workers involved in cleanup, so that after cleanup is over, we can see if workers experienced any symptoms related to the oil spill work. Oil spill exposures may cause some workers to experience symptoms like skin rash, throat irritation and cough, and back pain. We do not know if these symptoms will occur or if they do, what will be the extent of these symptoms. We want to learn as much as we can in order to reduce symptoms now and in the future.

"Documenting symptoms in this incident may provide information that NIOSH can use to protect the health of workers in this clean up and in future clean-up efforts.

Click here for the Roster Form.

To read more about federalization and workers' compensation click here.

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Comp Maybe Going Viral in Florida Over Dengue Fever

The Workers' Compensation in Florida may be in for yet another assault of claims as dengue virus rages from Ket West spreading north.  The Centers for Disease Control has now issued yet another report and alert concerning this wide spread viral condition. 

Viruses have, historically,  been a problematic challenge to the Workers' Compensation systems. Last flu season the government Federalized the flu compensation program. As this virus spreads, especially with the challenge of the Gulf Oil spill on the compensation system, the State of Florida will need to gear up to operationalize a response.

An estimated 5 percent of the Key West, Fla., population—over 1,000 people—showed evidence of recent exposure to dengue virus in 2009, according to a report from the Centers for Disease Control and Prevention (CDC) and the Florida Department of Health.

After three initial locally acquired cases of dengue were reported in 2009, scientists from the CDC and the Florida Department of Health conducted a study to estimate the potential exposure of the Key West population to dengue virus.

Dengue is the most common virus transmitted by mosquitoes in the world. It causes an estimated 50 million-100 million infections and 25,000 deaths each year. From 1946 to 1980, no cases of dengue acquired in the continental United States were reported, and there has not been an outbreak in Florida since 1934.

"We're concerned that if dengue gains a foothold in Key West, it will travel to other southern cities where the mosquito that transmits dengue is present, like Miami," said Harold Margolis, chief of the dengue branch at CDC. "The mosquito that transmits dengue likes to bite in and around houses, during the day and at night when the lights are on. To protect you and your family, CDC recommends using repellent on your skin while indoors or out. And when possible, wear long sleeves and pants for additional protection."

Since 1980, a few locally acquired U.S. cases have been confirmed along the Texas-Mexico border, which coincided with large outbreaks in neighboring Mexican cities. In recent years, there has been an increase in epidemic dengue in the tropics and subtropics, including Puerto Rico.

"These cases represent the reemergence of dengue fever in Florida and elsewhere in the United States after 75 years," Margolis said. "These people had not travelled outside of Florida, so we need to determine if these cases are an isolated occurrence or if dengue has once again become endemic in the continental United States."

To read more about workers' compensation and the H1N1 Flu click here.

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Synchronizing Federal Care for Oil Spill Workers

The need for coordination of Federal benefits for oil spill workers is now becoming a major concern. It is becoming more apparent, by the day, that the State programs are now stretched beyond their limits to respond to the crisis. As The Path To Federalization expands, this debate will expand.

A recent study by the Center for American Progress addresses these concerns.


"Health threats from the oil spill may linger unseen, perhaps for more than a generation. And we will not be fully prepared to address the public health problems that arise in the future unless there is an effective and coordinated handover of responsibilities for protecting public health from the emergency response agencies to agencies with the capability and capacity for long-term monitoring and management. Federal agencies have been pulled in as needed in the gulf spill response, but it’s not clear that the Health and Human Services response has been synchronized from the top to ensure effective delivery and coordination."


"In short, the spill reiterates why we need to better manage the short- and longterm responses required to address the public health threats such disasters pose whether they are manmade or due to natural causes."

To read more about federalization and workers' compensation click here.

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3d Circuit Denies SSDI Claim Where Work Comp Claims Alleged to be a Stressor

The US 3rd Circuit Court of Appeals denied a claim for Social Security Disability Benefits where the claimant alleged that his workers' compensation claim was as stressor and the anxiety caused him to become totally and permanently disabled.

Wright v. Commissioner of Social Security, 2010 WL 2676382 (3rd Cir.(Pa.))

To read more about social security disability click here.

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Asbestos Manufacturer Circor - Leslie Files for Bankruptcy Protection

Circor International, Inc. (NYSE: CIR) today announced a major development in its effort to stem mounting asbestos litigation costs and resolve asbestos liability claims at its Leslie Controls, Inc. subsidiary.

Leslie today filed a pre-negotiated plan of reorganization as a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code in U.S. Bankruptcy Court for the District of Delaware. Supported by a committee of attorneys representing current asbestos claimants and a proposed independent representative of future claimants, the plan is intended to permanently resolve Leslie’s asbestos liability through the creation of a trust pursuant to Section 524(g) of the U.S. Bankruptcy Code. All current and future asbestos claims against Leslie would be channeled to the trust for review and payment, thus providing both Leslie and CIRCOR with permanent court protection from such claims.

“Because we strongly believe that exposure to Leslie’s products has not caused any asbestos-related illness, our strategy has been to vigorously defend these claims,” said CIRCOR Chairman and Chief Executive Officer Bill Higgins. “However, the cost of this defense has exceeded the profits generated by Leslie’s operations, and we have been considering for some time a range of strategic alternatives that would enable us to permanently eliminate this expense and risk. Resolving Leslie’s asbestos liability through a pre-negotiated plan of reorganization accomplishes that aim, while preserving the value of a strong and viable business.”

Asbestos is a known cancer causing agent and has been linked to asbestosis and mesothelioma.

“We believe that a 524(g) trust that equitably resolves all pending and future claims and provides CIRCOR with permanent protection from derivative claims is in the best interest of all our stakeholders, including CIRCOR’s shareholders and Leslie’s customers, suppliers and employees,” Higgins continued. “Unencumbered by financial and legal exposure to asbestos liability, Leslie will be positioned to grow and contribute to CIRCOR’s profitability and cash flow going forward.”

Leslie intends to conduct business as usual during the Chapter 11 process, which could be completed in as little as 120 days., Today’s filing stays all pending and future asbestos litigation against Leslie. As a result, Leslie expects that its cash from operations will be sufficient to satisfy all of its operating obligations during this period. In addition, debtor-in-possession financing has been arranged for Leslie if needed.

Key terms of the pre-negotiated plan are as follows:
Funding for the 524(g) trust will consist of a $75 million contribution by Leslie andCIRCOR together with a contribution of proceeds from Leslie’s remaining asbestos insurance assets;
A provision that permanently protects CIRCOR and its affiliates from future derivative claims associated with Leslie’s asbestos liability; and
Leslie will remain a subsidiary of CIRCOR during and after Chapter 11.

Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

CMS to Rely on New Life Tables for Workers Compensation Set Aside Agreements

The Centers for Disease Control (CDC) has recently published its 2006 United States Life Tables. Effective July 19, 2010, the Centers for Medicare & Medicaid Services (CMS) will begin referencing the CDC's Table 1: Life table for the total population: United States, 2006, for WCMSA life expectancy calculations. This means that for any newly submitted WCMSA proposal received by CMS' Coordination of Benefits Contractor (COBC), or where any WCMSA case is reopened on or after July 19, 2010, CMS will apply the CDC's 2006 Table 1 for life expectancy calculations.


In 2006, the overall expectation of life at birth was 77.7 years, representing an increase of 0.3 years from life expectancy in 2005. From 2005 to 2006, life expectancy at birth increased for all groups considered. It increased for males (from 74.9 to 75.1) and females (from 79.9 to 80.2), the white (from 77.9 to 78.2) and black populations (from 72.8 to 73.2), black males (from 69.3 to 69.7) and females (from 76.1 to 76.5), and white males (from 75.4 to 75.7) and females (from 80.4 to 80.6).


Click here to read more about Medicare Secondary Payer Act and workers' compensation.


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Court Permits Rehearing to Established Employer Liability

A NJ Appellate Court has affirmed the workers' compensation trial level opinion for total disability assessed entirely against an employer. The trial court had granted a motion for rehearing following a dismissal of the case when the employee alleged that he had been "sandbagged" by his employer at the original trial. 


The trial court allowed the hearing to be "reopened" against and her medical testimony and learned of the employer admittedly furnishing medical care o the injured worker. At the rehearing the the trial Judge assessed total disability against the employer and permitted no contribution from the Second Injury Fund. The Appellate Division affirmed the ruling. 


Brown v. Central Regional Board of Education, et al., Docket No. A-0025-08T3, NJ App Div 2010, 2010 WWL 269341, Decided July 9, 2010.


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.