Workers' Compensation: Search results for burton

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Tuesday, November 19, 2013

Is Walmart's request of associates to help provide Thanksgiving dinner for co-workers proof of low wages?

Wages set rates in workers' compensation claims. An increase in the minimum wage will result in an immediate increase in workers' compensation benefits. Today's post was shared by Steven Greenhouse and comes from www.cleveland.com

The Walmart on Atlantic Boulevard in Canton is collecting food for employees who can't afford Thanksgiving dinner. The company said this is proof that employees look out for one another. The group of employees who have held national strikes against the world's largest retailer says the food drive is proof Walmart doesn't pay associates enough to survive. The Organization United for Respect at Walmart, or OUR Walmart, is holding strikes against the chain at stores in Dayton and Cincinnati on Monday, Nov. 18. (courtesy of OUR Walmart)

CLEVELAND, Ohio -- The storage containers are attractively displayed at the Walmart on Atlantic Boulevard inCanton. The bins are lined up in alternating colors of purple and orange. Some sit on tables covered with golden yellow tablecloths. Others peer out from under the tables.
This isn't a merchandise display. It's a food drive - not for the community, but for needy workers.
"Please Donate Food Items Here, so Associates In Need Can Enjoy Thanksgiving Dinner," read signs affixed to the tablecloths.
The food drive tables are tucked away in an employees-only area. They are another element in the backdrop of the public debate about salaries for cashiers, stock clerks and other low-wage positions at Walmart, as workers in Cincinnati and Dayton are scheduled to goon strike Monday.
Chat wrap: OUR Walmart rep answers your questions about this story
Is the food drive proof the retailer pays so little that many employees can't afford Thanksgiving dinner?
Norma...

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Tuesday, December 3, 2013

NJ COLA Bill - Legislative Hearing Scheduled

The NJ Senate Budget and Appropriations Committee will hold a public hearing on a pending COLA bill S613 to increase benefits on 12/5/2013 1:00:00 PM.

The Senate Labor Committee report

The Senate Labor Committee reports favorably and with

committee amendments Senate Bill No. 613.

As amended by the committee, this bill provides, from July 1, 2013

forward, an annual cost of living adjustment (COLA) in the weekly

workers' compensation benefit rate for any worker who has become

totally and permanently disabled from a workplace injury at any time

after December 31, 1979 and for the surviving dependents of any

worker who died from a workplace injury after December 31, 1979.

The COLA would be an amount such that, when added to the

workers' compensation weekly benefit rate initially awarded, the sum

will bear the same percentage relationship to the maximum benefit rate

at the time of the adjustment that the initial rate bore to the maximum

rate at the time of the initial award, except that:

1. The bill reduces the amount of the adjustment as much as

necessary to ensure that the sum of the adjustment and the amount

initially awarded does not exceed the amount which would cause any

reduction of disability benefits payable under the Federal Old Age,

Survivors and Disability Act; and

2. The bill reduces the supplemental workers’ compensation

benefits (but not regular workers’ compensation) for claimants injured

after 1979 by the amount of any Social Security benefits (other than

Social Security disability benefits and any increases in Social Security

benefits due to federal statutory changes after May 31, 1980), Black

Lung benefits, or the employer’s share of disability pension payments

received from or on account of an employer, except that if the worker's

original workers' compensation award was already reduced under

current law, there would be no further reduction of the supplemental

benefits under the bill.

These reductions parallel the reductions provided under current

law for claimants who were injured before 1980. The bill also

provides that no supplemental benefits would be paid in any case

where they are calculated to be less than $5 per week.

Current law requires such annual adjustments in the rate of

workers' compensation benefits for death and permanent total

disability to be paid from the Second Injury Fund (SIF), but only for

cases of injury or death occurring before January 1, 1980. The bill

extends the adjustments paid from the SIF to claims originating after

December 31, 1979, although the adjustments would apply only to

benefits paid on those claims after July 1, 2013, thus avoiding a

backlog of retroactive benefits.

The bill provides that supplemental payments will commence only

after SIF assessments are sufficient to pay them without using General

Fund money. The supplemental benefit payments would start on July

1, 2013 and the Department of Labor and Workforce Development is

required to take into account the supplemental benefits when

calculating the amount of the Second Injury Fund assessment which

starts on January 1, 2013, thus avoiding the need for any General Fund

appropriation.

To avoid an abrupt fiscal impact on the workers’ compensation

system, the bill provides that one third of the supplemental benefit rate

be paid during the first year, two thirds of the rate be paid during the

second year and the full amount be paid during the third and

subsequent years.

The bill sets time limits for workers’ compensation insurers and

self-insured employers to notify the SIF when supplemental workers’

compensation benefits are required under the bill. An insurer or selfinsured

employer is required to provide the notice not more than 60

days after the supplement is awarded or voluntary payment is to begin.

If a failure to notify results in the payment of an incorrect amount of

benefits, the liability for the payment of the supplemental benefits is

transferred from the SIF to the insurer or employer until the required

notice is provided.

The bill makes no change in the provisions of sections 1 and 9 of

P.L.1980, c.83 (C.34:15-95.4 and 34:15-95.5), which provide for the

reduction of certain portions of workers' compensation benefits by the

amount of Social Security disability benefits paid. In addition, the bill

expressly states that the supplemental benefits shall not be paid in a

manner which in any way changes or modifies the provisions of those

sections. The bill, therefore, will have no effect on existing provisions

of State and federal law regarding offsets between workers'

compensation and federal Social Security disability benefits.

The committee amendments provide that the application of the cost

of living adjustment commence on July 1, 2013, instead of July 1,

2011.

This bill was pre-filed for introduction in the 2012-2013 session

pending technical review. As reported, the bill includes the changes

required by technical review, which has been performed.

….

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.

Saturday, December 14, 2013

AIA to Urge Renewal of TRIA to Workers Compensation

The American Insurance Association (AIA) will highlight the importance of renewing the Terrorism Risk Insurance Act (TRIA) at the National Association of Insurance Commissioners' (NAIC) 2013 Fall National Meeting, underscoring TRIA's role in the workers' compensation marketplace. The NAIC meeting will take place December 14-18 in Washington, D.C.

"Workers' compensation insurers are particularly affected by a terrorist attack," said J. Stephen ("Stef") Zielezienski, AIA senior vice president and general counsel. "By definition, workers' compensation policies must cover all risks, including terrorism, because workers' compensation covers all injuries and deaths that are deemed under a state's law as work-related without distinguishing the source of the injury." Coupled with the nature of a terrorist attack, this makes the risk difficult to manage without the partnership provided by TRIA."

Zielezienski will appear before the Workers' Compensation (C) Task Force on Tuesday, December 17. In his presentation, Zielezienski will focus on the expected impact on employers, insurers and state regulators should TRIA sunset at the end of 2014.

"Without TRIA, workers' compensation insurers would have to make difficult decisions on how to manage their aggregated exposure, particularly for geographically-concentrated risks like terrorism," said Zielezienski. "If an insurance company elects to reduce their exposure by not offering as much capacity, then state residual markets and workers' compensation pools would have to absorb the risk. Ultimately, workers' compensation insurers would be responsible for these losses because they reinsure these residual market risks, but the extreme losses from catastrophic terrorism could stress the private markets and create economic uncertainty."

Zielezienski will also focus on what responsibilities state governments might assume for workers' compensation should TRIA not be reauthorized. Both AIA and the NAIC are advocating for the long-term reauthorization of TRIA. The NAIC passed a resolution at its 2013 Summer National Meeting in Indianapolis urging Congress to reauthorize the successful program.

Tuesday, December 3, 2013

As Hospital Prices Soar, a Single Stitch Tops $500

Medical delivery costs continue to soar and workers' compensation claims costs are running out of ontrol. Cost for emergency medicare are not usually regulated by workers' compensation prorams, eve where balance cillig is removed from the equation. Todays post is shared from the NYTimes.org

With blood oozing from deep lacerations, the two patients arrived at California Pacific Medical Center’s tidy emergency room. Deepika Singh, 26, had gashed her knee at a backyard barbecue. Orla Roche, a rambunctious toddler on vacation with her family, had tumbled from a couch, splitting open her forehead on a table.

On a quiet Saturday in May, nurses in blue scrubs quickly ushered the two patients into treatment rooms. The wounds were cleaned, numbed and mended in under an hour. “It was great — they had good DVDs, the staff couldn’t have been nicer,” said Emer Duffy, Orla’s mother.
Then the bills arrived. Ms. Singh’s three stitches cost $2,229.11. Orla’s forehead was sealed with a dab of skin glue for $1,696. “When I first saw the charge, I said, ‘What could possibly have cost that much?’ ” recalled Ms. Singh. “They billed for everything, every pill.”
In a medical system notorious for opaque finances and inflated bills, nothing is more convoluted than hospital pricing, economists say. Hospital charges represent about a third of the $2.7 trillion annual United States health care...

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Wednesday, August 12, 2015

Workers’ Compensation Benefits for Injured Workers Continue to Decline While Employer Costs Rise

Study Finds Benefits as a Share of Payroll Approach Lowest in Three Decades

Workers’ compensation benefits as a share of payroll for injured workers continue to decline even as employment grows and overall employer costs increase, according to anew report from the National Academy of Social Insurance (the Academy).

NJ Workers Compensation Rates 2014

Revision of Rates and Rating Values – Effective January 1, 2014

The Commissioner of Banking and Insurance (“Commissioner”) has approved a 3.6%
increase in rates and rating values applicable to New Jersey workers compensation and employers
liability insurance effective January 1, 2014 on a new and renewal basis. The rating components of the increase are summarized below.

PREMIUM AND LOSS EXPERIENCE

Analysis of data for the latest two complete policy years and the latest calendar-accident
year, following adjustment to present premium and benefit levels, using paid and incurred losses
separately, indicates a premium level adjustment factor of 0.979 (-2.1%) due to experience.

A trend factor of 1.055 (+5.5%) is included to recognize changing exposures and losses.

BENEFIT CHANGES

Effective January 1, 2014, the maximum weekly benefit with respect to all types of injuries,
except permanent partial disabilities, will be changed from $826 to $843. The minimum weekly benefit will be changed from $220 to $225. In cases involving permanent partial disabilities, the present maximum weekly benefits ranging from $220 to $826, varying on the basis of duration of disability, will be changed to $225 and $843, respectively. The minimum weekly benefit for permanent partial injuries will remain at $35. The effect of the changes to the minimum and maximum weekly benefits results in a premium level adjustment factor of 1.007 (+0.7%) due to benefits.
EXPENSES

There is need for decreases in the provisions for Loss Adjustment Expense, the Security
Fund and Bureau Expense. The changes to the expense provisions result in a premium level adjustment factor of 0.996 (-0.4%).

OVERALL PREMIUM/RATE LEVEL CHANGE

The combined effect of the above adjustment factors results in an indicated premium level
adjustment factor of 1.036 (+3.6%). The rate level adjustment is also an increase of +3.6%.

CATASTROPHE PROVISIONS

A Terrorism Premium Charge of $0.03 per unit of exposure applies to all policies except
for the exclusions in 3:9-2 and 3:9-5 of the Manual. Upward deviation from the $0.03 rate is
permissible.

A Catastrophe (Other than Certified Acts of Terrorism) Premium Charge of $0.01 per
unit of exposure applies to all policies except for the exclusions in 3:9-9 and 3:9-12 of the Manual.

CLASSIFICATION RATES

The adjustment of classification rate relativity is based on the policy experience for 2006
through 2010, as reported through the Statistical Plan. The changes in the rates for the individual
classifications including those in the Admiralty and Federal Employers Liability Act coverage are
supported by, and derived from, the experience.

There are 572 classifications in the Manual effective January 1, 2014 including the codes to
accommodate Federal employments. Eight classifications carry no rate assignment. Of the remainder, 381 will experience increased rates, the rates for 167 classes will decrease, and 16 are unchanged. There are no changes to the annual policy charges for private estate or residence employees as set forth in 3:5-12 of the Manual.

In order to comply with the decision of the Commissioner, changes in manual rates for any
classification have been limited to an increase of 15% from last year’s rate. The increase percentage applicable to non "F" classifications when coverage is provided under the United States Longshore and Harbor Workers Compensation Act remains unchanged at 50%.

MINIMUM PREMIUM FORMULA

The minimum premium multiplier is increased from 100 to 150 and the maximum
minimum premium is increased from $850 to $900. The change to premium resulting from the new
rating values in the minimum premium formula is minimal and does not impact the overall rate level.
Special minimum premiums applicable to private residence classifications and to classifications subject to Maritime or Federal Employers Liability Act coverage are not affected.

SURCHARGES

New Jersey law mandates application of separate policyholder surcharges to finance the
Second Injury and Uninsured Employers’ Funds. Based on the Department of Labor and Workforce
Development’s estimate of 2014 Fund requirements, the policyholder surcharge percentages effective January 1, 2014, on a new and renewal basis to be applied to the modified premium are:
Second Injury Fund 6.56%
Uninsured Employers’ Fund 0.00%

Sunday, January 5, 2014

Video: AAJ President Discusses Generic Drugs

Today's post was shared by Take Justice Back and comes from www.takejusticeback.com

Nearly 80 percent of all prescriptions in the U.S. are filled with the generic version of a drug. The price tag can be appealing, but taking a generic drug can also have dangerous consequences because generic drug manufacturers are not accountable for the safety of drugs they produce.Accountability is a key incentive to ensure drug companies monitor and adequately warn patients about the safety of drugs. Despite what many may think, the FDA does not test drugs, but instead relies on testing provided by the drug companies. FDA approval of a drug does not guarantee safety. In the above video, American Association for Justice President Burton LeBlanc talks about the accountability imbalance between generic drugs and name-brand drugs and how the lack of accountability can put consumers at risk. “What you may not know is that unlike brand-name manufacturers, generic drug manufacturers cannot be held accountable if their drugs injure or kill Americans. And we all know too well, if no one is accountable, no one is safe,” LeBlanc said. To view the video in its entirety, click here. Here’s where you can help. Join the growing number of over 20,000 consumers who have already signed a petition calling on the FDA to restore accountability. Safety is an issue that can’t be overlooked.

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Monday, December 17, 2012

Slow Recovery Affects Workers' Compensation Benefits and Costs

Today's post comes from guest author Kit Case from Causey Law Firm.

A Press Release by the National Academy of Social Insurance

WASHINGTON, DC - Workers' compensation benefits declined to $57.5 billion in 2010 according to a report released today by the National Academy of Social Insurance (NASI). The drop in workers' compensation benefits was largely due to a 2.1 percent drop in medical benefits for injured workers. Employers' costs for workers' compensation also fell by 2.7 percent in 2010. As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades.

"As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades."

"Employers' costs as a percent of payroll declined in 43 jurisdictions," said John F. Burton, Jr., chair of the study panel that oversees the report. "This decline is probably due to the slow pace of the recovery, with many jurisdictions still experiencing relatively high unemployment rates."

Workers' Compensation Benefits, Coverage, and Costs, 2010
Total	2010	Change Since 2009 (%)
Covered workers (in thousands)	124,454	-0.3%
Covered wages (in billions)	$5,820	2.6%
Benefits paid (in billions)	$57.5	-0.7%
Medical benefits	$28.1	-2.1%
Cash benefits	$29.5	0.7%
Employer costs (in billions)	$71.3	-2.7%
Per $100 of Covered Wages	2010	Change Since 2009 ($)
Benefits paid	$0.99	-$0.03
Medical benefits	$0.48	-$0.03
Cash benefits	$0.51	-$0.01
Employers' costs	$1.23	-$0.06
Source: National Academy of Social Insurance, 2012.

The new report, Workers' Compensation: Benefits, Coverage and Costs, 2010, is the fifteenth in the series that provides the only comprehensive data on workers' compensation benefits for the nation, the states, the District of Columbia, and federal programs.

"This report represents the first time the Academy has released employers' costs by state."

This report represents the first time the Academy has released employers' costs by state. For a table showing employers' costs for all fifty states and the District of Columbia, refer to Table 12 (page 34).

Most states reported a decrease in the number of workers covered but an increase in covered wages between 2009 and 2010. During the same period, the total amount of benefits paid to injured workers declined in 26 jurisdictions and increased in 25. As a share of payroll, benefits paid to injured workers fell by three cents to $0.99 per $100 of payroll in the nation.

The share of medical benefits for workers' compensation has increased substantially over the last 40 years. During the 1970s medical benefits nationally accounted for 30 percent of total benefits, whereas in 2010 the share of benefits paid for medical care was almost 50 percent. Experts attribute this trend to the rising cost of health care.

Friday, December 12, 2014

Employees shouldn’t be treated like products

Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com

Hail the lowly bar code. By enabling retailers to track sales and inventory, it allows them to order goods from warehouses and manufacturers only when needed, reducing overhead and costs. Just-in-time production is a signal achievement of our digitized age.

Just-in-time labor is not. Millions of retail workers are routinely summoned to their workplaces with little more advance warning than their employers accord the truckloads of goods or food those workers sell. Unlike those products, of course, workers have lives. They have kids to get to school or put in day care, families to cook for, courses to take, other gigs to report to, promises to keep. They can do all that if they have regular schedules, but such schedules are often hard to come by.

A recent study by the University of Chicago’s Susan Lambert reported that 41 percent of young (ages 26 to 32) hourly workers get their schedules a week or less in advance, and that “in the course of a single month, workers’ hours varied on average by 37 percent in comparison to what they considered their usual hours.”

Regular hours were once a cornerstone of Americans’ work lives. They were a feature of the union contracts that covered a third of the workforce in the decades following World War II. But as unions have vanished and workers suffered a loss of power, thousands of employers have taken to summoning their employees — or telling them to wait, unpaid, until they are either...
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Friday, November 22, 2013

Silica exposures in fracking : Over 60 percent of workers may be excessively exposed

Silica exposure ironically was were the original workers' compensation exposures brought into the model acts post enactment ( 40 years+) as a vehicle to shelter employers from liability exposures. Today's post is shared from the Pump Handle

At least 1.7 million US workers are exposed to respirable crystalline silica each year, this according to the National Institute for Occupational Safety and Health (NIOSH).

These exposures occur in a variety of industries, among them construction, sandblasting, mining, masonry, stone and quarry work, and in the rapidly expanding method of oil and gas extraction known as hydraulic fracturing or fracking.

This exposure can lead to silicosis, an irreversible, and sometimes fatal, lung disease that is only caused by inhaling respirable silica dust. Silica exposure also puts exposed workers at risk of lung cancer, pulmonary tuberculosis and other respiratory diseases.

It is also associated with autoimmune disorders, chronic kidney disease and other adverse health effects.

As big a number as 1.7 million is (about 200,000 more people than currently live in Philadelphia), the “true extent of the problem is probably greater than indicated by available data,” according to NIOSH.

The CDC agency has also written, there “are no surveillance data in the US that permit us to estimate accurately the number of individuals with silicosis.”

It is against this backdrop of ongoing exposures of nearly 2 million silica-exposed workers and the serious health effects, that the Occupational Safety and Health Administration (OSHA) has proposed a regulation to address the hazard. One provision of the proposal would update the agency’s...

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Friday, November 15, 2013

House Considers Bills to Limit Americans’ Rights

Today's post was shared by Take Justice Back and comes from www.justice.org

House Considers Bills to Limit Americans’ Rights

Text Size

Home Newsroom AAJ News House Considers Bills to Limit Americans’ Rights

For Immediate Release: November 12, 2013

Contact: Katie Gommel
202-965-3500, ext. 6645
media.replies@justice.org

House Considers Bills to Limit Americans’ Rights

Washington, DC—The following is a statement from America Association for Justice President Burton LeBlanc in response to the passage of H.R. 982 and H.R. 2655 out of the U.S. House of Representatives Committee on Rules.

“Corporations should not bully Americans out of their rights to access justice.

“H.R. 982 would violate asbestos victims’ privacy and allow asbestos corporations to delay and deny justice until asbestos victims die. Asbestos kills over 10,000 Americans every year, and the industry hid the dangers for decades; the last thing this industry needs is a handout from Congress.

“H.R. 2655 is the latest favor to multinational corporations seeking to undermine the rights of American workers and consumers by adding unnecessary burdens and delays to the civil justice system. At a time when our courts are already suffering from persistent underfunding, Congress should focus efforts on improving access to justice.”

As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through...

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Tuesday, November 20, 2012

Five US Airports that Put Employees and Passengers At Risk For Environmental Tobacco Smoke

Secondhand Smoke Is Deadly

Air pollution from secondhand smoke five times higher outside smoking rooms and other designated smoking areas than in smoke-free airports

Average air pollution levels from secondhand smoke directly outside designated smoking areas in airports are five times higher than levels in smoke-free airports, according to a study by the Centers for Disease Control and Prevention. The study conducted in five large hub U.S. airports also showed that air pollution levels inside designated smoking areas were 23 times higher than levels in smoke-free airports. In the study, designated smoking areas in airports included restaurants, bars, and ventilated smoking rooms.

Five of the 29 largest airports in the United States allow smoking in designated areas that are accessible to the public. The airports that allow smoking include Hartsfield-Jackson Atlanta International Airport, Washington Dulles International Airport, McCarran International Airport in Las Vegas, Denver International Airport, and Salt Lake City International Airport. More than 110 million passenger boardings—about 15 percent of all U.S. air travel—occurred at these five airports last year.

"The findings in today’s report further confirm that ventilated smoking rooms and designated smoking areas are not effective," said Tim McAfee, M.D., M.P.H., director of CDC’s Office on Smoking and Health. "Prohibiting smoking in all indoor areas is the only effective way to fully eliminate exposure to secondhand smoke."

A 2006 Surgeon General’s Report concluded that there is no risk-free level of exposure to secondhand smoke. Although smoking was banned on all U.S. domestic and international commercial airline flights through a series of federal laws adopted from 1987 to 2000, no federal policy requires airports to be smoke-free.

"Instead of going entirely smoke-free, five airports continue to allow smoking in restaurants, bars or ventilated smoking rooms. However, research shows that separating smokers from nonsmokers, cleaning the air and ventilating buildings cannot fully eliminate secondhand smoke exposure," said Brian King, Ph.D., an epidemiologist with CDC’s Office on Smoking and Health and co-author of the report. "People who spend time in, pass by, clean, or work near these rooms are at risk of exposure to secondhand smoke."

Secondhand smoke causes heart disease and lung cancer in nonsmoking adults and is a known cause of sudden infant death syndrome or SIDS, respiratory problems, ear infections, and asthma attacks in infants and children. Even brief exposure to secondhand smoke can trigger acute cardiac events such as heart attack. Cigarette use kills an estimated 443,000 Americans each year, including 46,000 heart disease deaths and 3,400 lung cancer deaths among nonsmokers from exposure to secondhand smoke.

For an online version of this MMWR report, visit http://www.cdc.gov/mmwr. For quitting assistance, call 1-800-QUIT-NOW (1-800-784-8669) or visit www.smokefree.gov

. Also, visit www.BeTobaccoFree.gov

for information on quitting and preventing children from using tobacco. For real stories of people who have quit successfully, visit http://www.cdc.gov/tips. For state-specific tobacco-related data, visit CDC's State Tobacco Activities Tracking and Evaluation System at http://www.cdc.gov/tobacco/statesystem.

Read More About "Secondhand" Environmental Smoke

Workers' Compensation: Occupational Secondhand Smoke ...

Apr 23, 2011

"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths ...

http://workers-compensation.blogspot.com/

Casino Employee in NJ Wins Cancer Suit for Second-Hand Smoke ...

Feb 20, 2008

An Atlantic City NJ casino card dealer employed at the Claridge Hotel who was exposed to second hand tobacco smoke was awarded workers' compensation benefits. NJ Judge Cosmo Giovinazzi award $150,00 for lost ...

http://workers-compensation.blogspot.com/

The Great American Smoke-out - November 15, 2012

Nov 14, 2012

http://workers-compensation.blogspot.com/

Workers' Compensation: The New Danger of Thirdhand Smoke ...

Oct 06, 2011

Lubick (2011) discussed the global health burden of secondhand smoke, and Burton (2011)emphasized a new and alarming consequence of smoking in indoor environments—“thirdhand smoke”—a term first coined in 2006 ...

http://workers-compensation.blogspot.com/

Tuesday, November 26, 2013

The Next Wave: N.H.L. Players Sue League Over Head Injuries

Occupational illness claims have been a traditional battleground in workers' compensation for larger and more significant lawsuits and dynamic changes in the safety of the workplace induced by economics.

From the lack of the incorporation of occupational claims in the 1911 model workers' compensation acts, in the 1950's, employers and their insurance companies sought refuge under the "exclusivity bar" of the. workers' compensation act to shield themselves from negligence actions for silicosis and asbestosis claims.

The creativity of claimant's lawyers, and the blatant intentional tort acts of unscrupulous asbestos companies, brought forth a sweeping change in the economic balance as claimants used the civil justice system to establish an avenue for adequate compensation for asbestos victims (lung cancer, asbestosis and mesothelioma claims).

Asbestos litigation, "longest running tort, continues today and is the perfect example of the societal benefits of a working civil justice system. In fact, the same dynamic existed in: tobacco litigation, lead paint litigation, latex litigation and has been repeated many times over.

The civil justice system, not the workers' compensation system, established an economic incentive establishing a safer workplace for workers and their families.

It is more than obvious that contact sports are seeing the next wave of litigation as the employers and their insurance companies accelerate the cycle, by barring professional athletic players from even seeking workers' compensation benefits, ie. California.

Since it appears that no safe helmet can be manufactured to protect the mayhem of some contact sports, the business of sports will be the next "industry" to experience economic incentives to make the workplace safer. The higher education system will just have to find another economic engine to fund colleges and university and stop luring students to play dangerous sports in hope of winning the professional sports lottery.

First football, now hockey, are emerging targets of the civil justice system as the economics of safety takes hold and the need for safety takes hold. Today's post is shared from the nytimes.com.

Ten former N.H.L. players sued the league Monday for negligence and fraud, saying the sport’s officials should have done more to address head injuries but instead celebrated a culture of speed and violence.

The players, who were in the league in the 1970s, ’80s and ’90s, filed their suit in federal court in Washington. One of the lead lawyers is Mel Owens, a former N.F.L. player who has represented scores of other retired players in workers’ compensation cases.

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Tuesday, November 19, 2013

Is Walmart's request of associates to help provide Thanksgiving dinner for co-workers proof of low wages?

Tuesday, December 3, 2013

NJ COLA Bill - Legislative Hearing Scheduled

Saturday, December 14, 2013

AIA to Urge Renewal of TRIA to Workers Compensation

Tuesday, December 3, 2013

As Hospital Prices Soar, a Single Stitch Tops $500

Wednesday, August 12, 2015

Workers’ Compensation Benefits for Injured Workers Continue to Decline While Employer Costs Rise

Tuesday, November 26, 2013

NJ Workers Compensation Rates 2014

Sunday, January 5, 2014

Video: AAJ President Discusses Generic Drugs

Monday, December 17, 2012

Slow Recovery Affects Workers' Compensation Benefits and Costs

Friday, December 12, 2014

Employees shouldn’t be treated like products

Friday, November 22, 2013

Silica exposures in fracking : Over 60 percent of workers may be excessively exposed

Friday, November 15, 2013

House Considers Bills to Limit Americans’ Rights

Tuesday, November 20, 2012

Five US Airports that Put Employees and Passengers At Risk For Environmental Tobacco Smoke

Tuesday, November 26, 2013

The Next Wave: N.H.L. Players Sue League Over Head Injuries

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