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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Wednesday, November 9, 2022

Work-Related Respiratory Disease Rate Soars

Private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2021, a decrease of 1.8 percent from 2020, the U.S. Bureau of Labor Statistics reported today. In 2021, the incidence rate of total recordable cases (TRC) in private industry was 2.7 cases per 100 full-time equivalent (FTE) workers, unchanged from 2020. These estimates are from the Survey of Occupational Injuries and Illnesses (SOII).

The decline in injury and illness cases was due to a drop in illness cases, with private industry employers reporting 365,200 nonfatal illnesses in 2021, down from 544,600 in 2020, a drop of 32.9 percent. This decrease was driven by a 37.1 percent decrease in employer-reported

Source: US Bureau of Labor Statistics

respiratory illness cases in 2021 at 269,600, down from 428,700 in 2020. (See chart 2.) In 2019, there were 127,200 illness cases and 10,800 respiratory illness cases. Total reported injury cases increased by 6.3 percent to 2.2 million cases in 2021, up from 2.1 million cases in 2020. (See chart 1.)

The rate of injury cases increased in 2021, with private industry employers reporting a rate of 2.3 cases per 100 FTE workers compared to 2.2 cases in 2020. Over the same period, the rate of illness cases decreased from 55.9 cases per 10,000 full-time equivalent (FTE) workers to 37.7 cases. The decrease was driven by the drop in the respiratory illness rate, which fell from 44.0 cases per 10,000 FTE workers to 27.8 cases.

Coronavirus (COVID-19) Pandemic Impact in SOII Results

Occupational injuries and illnesses collected in the 2021 SOII include cases of COVID-19 when a worker was infected as a result of performing their work-related duties and met other recordkeeping criteria. COVID-19 is considered a respiratory illness under criteria established by the Occupational Safety and Health Administration (OSHA).

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.



Wednesday, November 2, 2022

The Exclusivity Rule Does Not Bar Claims of a Minor

A minor may elect to file a negligence action against an employer and not be prohibited by the Exclusivity Rule that typically bars employee claims against their employers.

Monday, October 31, 2022

Judge Erred in Finding a Conflict in Representation

Ameribuilt Contractors appealed the workers' compensation judge's February 1, 2022 order rejecting a proposed settlement and disqualifying its assigned insurance counsel, Brown & Connery, LLP (B&C), on the basis of a perceived conflict between Ameribuilt's workers' compensation carrier, Travelers Property Casualty Insurance Co. (Travelers), and Travelers' ostensible insured, respondent Robert Alam. The court concluded that the judge erred in finding that a conflict existed and, thus, there was no basis for the disqualification. Accordingly, the court is constrained to reverse.

Tuesday, October 25, 2022

Time to Boot Up a Computer Held to be Working

The Ninth Circuit Court of Appeals reversed the district court’s summary judgment in favor of defendant Customer Connexx LLC and remanded for further proceedings in a collective action brought under the Fair Labor Standards Act by call center workers.

Thursday, October 20, 2022

Paterson NJ Employers Face $518K in OSHA Fines

The U.S. Department of Labor has issued citations to three New Jersey contractors who willfully exposed employees to potentially lethal dangers by allowing them to work near energized power lines at a Paterson worksite.

Friday, October 14, 2022

NJ Issues Stop-Work Orders for Lack of Workers’ Compensation Insurance

Enforce continues at a rapid pace in New Jersey for failure to comply with the state’s labor laws. The New Jersey Department of Labor and Workforce Development (NJDOL) issued stop-work orders to contractor HESP Solar L.L.C. of Montvale and subcontractor Patriot Iron Works of Gaithersburg, Maryland, who were working on a project at Belleville High School.

Thursday, October 13, 2022

A Cautionary Note on Citing Unpublished Decisions

Attorneys should be careful about citing unpublished decisions to support their legal arguments. Overzealous advocacy of citing such decisions as an authority is frowned upon by the reviewing tribunals.