Safety Tips for Workers Preparing For Hurricane Sandy

The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard and will merge  and embed with a developing

classic Northeastern rain and wind storm. Over 50 Million people will be impacted. A State of Emergency has now been declared in NJ, NY and MD.

A storm surge of 12 feet, historic proportions, has been predicted for NJ & NY. 

A wide spread power loss has been predicted. NJ  has issued an immediate warning concerning power generator safety and back-feeding of electric current through the use of generators. At a press conference Governor Christie warned the residents of NJ to be cautious  and observe safety measures. He said "If it looks stupid, the it is stupid," and don't do it. Additionally, a High Wind Warnings have been issued for Northeastern NJ, NY and CT.

NYC Bowling Green Station Entrance in Flood Prep

MTA New York City Transit preparations for Hurricane Sandy.

Photo: MTA New York City Transit / Leonard WigginsMayor Bloomberg held a press conference late Friday afternoon explaining what precautions the government was taking and what safety measures needed to be followed to protect life and property. He said, “....whenever we’re faced with a tough situation, history shows New Yorkers always show courage, compassion, and presence of mind. We did that 14 months ago, during Hurricane Irene, and I’m completely confident we will do that again now."

 Home Depot stores in NJ have run out of batteris (C-D cells) and local food store are experiencing a run on bread, water and canner goods as the preparation pace continues.

LIRR Workers Prepare The Track for the Hurricane

Workers' Compensation insurance provides benefits if an employee is injured because of because of a hurricane. Preparing for a hurricane is important, and that should include reporting work related injuries to your employer and/or insurance company.

While NIOSH has alerted all of us to the dangers of a hurricane, "....Storm and flood cleanup activities can be hazardous. Workers and volunteers involved with flood cleanup should be aware of the potential dangers involved, and the proper safety precautions. Work-related hazards that could be encountered include: electrical hazards, Carbon Monoxide, musculoskeletal hazards, heat stress, motor vehicles, hazardous materials, fire, confined spaces and falls." 

Should a worker suffer any injuries then they should seek medical care at once, and report the incident to their employer. Prepare ahead and take your employer's contact information and workers' compensation insurance information with you so you are prepared to provide to authorities and your employer the facts to process your claim without delay.

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.

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Hexavalent Chromium Cleanup Progressing With Building Demolition in Garfield NJ

The U.S. Environmental Protection Agency today announced that it has demolished the E.C. Electroplating building at the Garfield Ground Water Contamination Superfund site in Garfield, New Jersey. Areas underneath the building, located at 125 Clark Street, are contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. The EPA continues to assess and, if needed, clean up nearby basements. The demolition of the building will allow the EPA to remove contaminated soil that is a likely source of chromium contamination in the ground water.

Hexavalent chromium is extremely toxic, may cause cancer and nervous system damage. Prior to the demolition of the structure, the EPA met with community members and local officials to keep them informed, coordinate activities and ensure public safety.

“The EPA has safely taken down the former E.C. Electroplating building, an important step in the agency’s work to protect the health of the Garfield community,” said EPA Regional Administrator Judith A. Enck. “Our next step is to assess the best way to address the chromium contaminated soil that is underneath the structure.

The EPA’s sampling had shown that the parts of the E.C. Electroplating building above the foundation slab were not contaminated with hexavalent chromium, but two basements and the soil under the structure were contaminated. The structure had to be demolished to access the contaminated soil underneath. The industrial materials and building debris left at the E.C. Electroplating site have been removed and disposed of at facilities licensed to receive the waste. Over 600 cubic yards of debris and over 325 drums of hazardous waste were removed from the site. The demolition work began on October 12, 2012 and was completed on October 22, 2012.

Throughout the demolition work, the EPA followed strict work procedures to protect public health. Dust was controlled and the air was monitored to ensure that contamination was not getting into the community during the demolition. Air monitoring data showed that there have been no hazardous levels of hexavalent chromium, total chromium, lead or cadmium.

As part of its longer-term work, the EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation is ongoing and will allow the EPA to develop a proposed plan for the cleanup of chromium-contaminated ground water.

For a complete history of the EPA’s work at the Garfield Ground Water Contamination Superfund site please visit: http://www.epa.gov/region2/superfund/removal/garfield.

....
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.

Read more about "Chromium Contamination"

EPA to Demolish Contaminated Building at Toxic Superfund Site in ...

Aug 09, 2012

The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, ...

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Defense Department to Investigate Hexavalent Chromium Exposure

Oct 03, 2009

Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...

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Workers' Compensation: Soldiers Exposed to Chromium in Iraq File ...

Jun 09, 2009

Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...

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The Time for a Hexavalent Chromium Safety Standard Is Now

Nov 23, 2010

EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...

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Employee Termination Because of Facebook Comment Does Not End Workers' Compensation Benefits

An employee who was terminated because of comments made about her employer on Facebook has been allowed continuation of workers' compensation benefits.


"Lawful termination, like fraud, cuts through everything; but the reasons for
firing here are murky. And whether it's a legal termination or not isn't a
question for this forum as workers' compensation courts are not in the business
of determining whether a firing was appropriate. What is important here is
that termination from employment in and of itself does not end entitlement to
supplemental earnings benefits as set forth in the [Palmer v. Schooner ] case.
In the case at hand, [Ms. Miller] returned to work in a light duty status. She
worked for a short period of time until her termination on October 14, 2010.
She was terminated for violating a hospital policy by posting a comment on Facebook. 
Pursuant to Ms. Salutillo's comments in the [CSPH] employee memorandum,
[Ms. Miller's] employment was terminated based on failure to uphold standards of
behavior. After her termination, [Ms. Miller's] treating physician took her
off work for a short period of time, but ultimately opined she could work light
duty."


BRENDA MILLER v. CHRISTUS ST. PATRICK HOSPITAL

--- So.3d ----, 2012 WL 5238000 (La.App. 3 Cir.), 2012-370 (La.App. 3 Cir. 10/24/12)

Read More about Social Media and Workers' Compensation

Workers' Compensation: Facebook Photo Admissible As Evidence

Jul 03, 2012

An injured worker was denied benefits when an Arkansas Court admitted into evidence Facebook pictures that were posted on line showing him drinking and partying. The worker had alleged that as a result of a hernia, ...

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Facebook Creating Even A Greater Problem in Comp Claims

Apr 13, 2012

Facebook's new announcement today creates even a greater problem for workers' compensation claimants. Providing even greater historical information about an unsophisticated Facebook user puts even more information, ...

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Workers' Compensation: Facebook, Organ Donations and Medical ...

May 07, 2012

The announcement of Facebook to allow for the public listing of organ donors of it social media site, albiet with good intentions, raises concerns about the privacy of workers' compensation claims as the organs could become ...

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Facebook Makes an Appearance in Workers' Compensation Court

Sep 15, 2010

Social networking sites, such as Facebook, have now become informational sources that workers' compensation lawyers are now utilizing for evidentiary purposes. The question that remains unanswered is how information ...

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Doctors, Patients and Opioid Abuse

Getting to the real reasons why doctors prescribe opioids to opioid abusers is an apparent challenge to the essence of the nation's workers' compensation system. In a recent article in the New England Journal of Medicine it is revealed that doctors continue to prescribe opioids to abusers because of "...Recent changes in medicine's philosophy of pain treatment, cultural trends in Americans' attitudes toward suffering, and financial disincentives for treating addiction ..."

Until the workers' compensation medical delivery program furnishes treatment delivery in an effective and efficient manner the challenge of drug addiction will tragically continue.

More about drug addiction

Workers' Compensation: Physicians Petition to Limit Opioid Abuse

Jul 27, 2012

Pharmaceutical reform has been a major topic of interest and reform efforts nationally in the workers' compensation arena. More particularly the alledged abuse of opioids have received particular attention. Several physicians ...

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Whose to Blame for Opioid Abuse in Workers' Compensation Claims?

May 24, 2012

A recent Texas case holding an employer liable holding an employed liable for a fatal opioid overdose arising out of work-related event highlights again that, the workers' compensation medical delivery system just isn't ...

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Workers' Compensation: Nursing Home Abuse: Drugging of Patients

Jan 28, 2012

Nursing Home Abuse: Drugging of Patients. Many seriously injured workers end up living in nursing homes for convenience and care. Workers compensation act usual pay for nursing home care, but do they really know what ...

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Workers' Compensation: Workers Compensation Insurance ...

Oct 28, 2009

The Wall Street Journal reports today about a claim against pharmacies as a result of customer drug abuse. In the State of Nevada a case is pending that may confer liability upon a drugstore for the consequences of an ...

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Minimal Light Duty Doesn't Limit Temporary Disability Benefits

A NJ Compensation Court ruled that an employer was unable to limit the payment of temporary disability benefits based an mere limited light duty.

Petitioner filed a motion in which he requested supplemental temporary disability benefits. Respondent objected and argued that, because the petitioner was returned to only minimal light duty work, his temporary disability benefits should be limited by the amount earned in such light duty capacity (rather than an amount based upon regular wages. The judge disagreed as he found that allowing a respondent to provide only minimal light duty work and thereby reduce a petitioner's temporary disability benefits would defeat the purpose of the temporary disability provisions of the workers' compensation statutes. Petitioner's motion was granted. 

"As stated earlier, temporary disability is intended to provide Petitioner with an amount which the legislature has determined to be sufficient for his living expenses while temporarily disabled.  Light duty, on the other hand, provides the injured worker an opportunity to transition back to his or her regular job by performing less strenuous duties for his/her employer until such time as he or she is able to perform his or her regular tasks.  The emphasis here is the benefit of the program to the employee.  We cannot lose sight of the fact that this is workers’ compensation.  Respondent’s position here would turn this aspect of the program into virtually an employer’s compensation, since an employer in Respondent’s situation will benefit financially the longer Petitioner remains on light duty status."

Soto v. Herr's Foods, Inc.
11-18325, decided September 7, 2012 by the Honorable Emille Cox, J.W.C.

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Halloween Safety Tips

Halloween traditionally infers scary and dark. Those elements, complicated by sensory limiting costumes and environment, gives rise to the need for elevated safety concerns in the workplace and at-home surrounding Halloween events.

From a fall resulting in a dislocated shoulder, to an open flame resulting in second degree burns, each year the US Consumer Product Safety Commission (CPSC) receives reports of injuries involving Halloween-related costumes, décor, and lighting. These incidents are preventable. Using CPSC's three-step safety check (pdf), consumers can ensure that their fright night fun is not haunted by Halloween injuries

"Too often Halloween make believe has resulted in real life injury," said CPSC Chairman Inez Tenenbaum. "Fortunately, prevention is simple. Choose flameless candles, flame-retardant materials, and well-fitting costumes to reduce the risk of injury this Halloween."

With CPSC's quick and easy Halloween safety check (pdf) and just five minutes of inspection, consumers can avoid problems that previously have plagued the trick-or-treat trail. This safety check will help consumers to: (1) prevent fires and burns, (2) ensure that kids can see and be seen, and (3) outfit kids for safety.

Halloween-related incidents can involve a number of hazards, including burns from flammable costumes that come into contact with open flames-particularly candles used to illuminate jack-o-lanterns; falls and abrasions from ill-fitting costumes, shoes, and accessories; and fires caused by burning candles left unattended, near combustible decorations or knocked over by kids and pets.

The federal Flammable Fabrics Act (FFA) requires costumes sold at retail to be flame-resistant. To prevent costume-related burns, CPSC enforces this requirement and recalls costumes and other products that violate the FFA. When making a costume at home, CPSC encourages consumers to use fabrics that inherently are flame resistant, such as nylon and polyester.

According to the National Fire Protection Association (NFPA), Halloween ranks among the top 5 days of the year for candle-related fires. To prevent candle fires, CPSC encourages consumers never to leave a burning candle unattended. Battery-operated flameless candles and other flameless lighting are safe alternatives to traditional candles.

Unique jack o' lanterns and creatively-carved pumpkins are a new popular trend. Read CPSC's OnSafety blog on pumpkin-carving injuries and how to prevent them

Additional safety tips to help make this year's holiday safe:

Decorations
Keep candles and jack o' lanterns away from landings and doorsteps, where costumes could brush against the flame.

Remove obstacles from lawns, steps, and porches when expecting trick-or-treaters.
When indoors, keep candles and jack o' lanterns away from curtains, decorations, and other items that could ignite. Do not leave burning candles unattended.

Whether indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.

Don't overload extension cords.

Costumes
When purchasing costumes, masks, beards, and wigs, look for flame-resistant fabrics, such as nylon or polyester; or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To reduce the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes, or billowing skirts.

Purchase or make costumes that are light colored, bright, and clearly visible to motorists.
For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.

Children should carry flashlights to be able to see and to be seen.

To guard against trips and falls, costumes should fit well and not drag on the ground.
Children should wear well-fitting, sturdy shoes. High heels are not a good idea.
Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.

If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has holes for eyes large enough to allow full vision.

Swords, knives, and similar costume accessories should be made of soft, flexible material.

Treats
Children should not eat any treats before an adult has examined them carefully for evidence of tampering.

Carefully examine any toys or novelty items received by trick-or-treaters who are younger than 3 years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

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Laboratory Workers and Contacts Warned of Accidental Flu Pandemic

Safety in the laboratory workplace is critical, as many research laboratory employees contract exotic diseases that become workers' compensation compensable events. Limited knowledge of the facts of the exposures creates yet another level of concern and anxiety as employees attempt to cope with unusual symptomatology.