Workers' Compensation

Tuesday, August 30, 2011

What Hurricane Relief Volunteers Need to Know About Workers Compensation

Hurricane relief volunteers are entitled to workers compensation benefits for injuries and illnesses that occurred as a result of their participation in relief efforts. In order to claim those benefits injured volunteers need to make sure that they follow some simple steps.

1. Make sure that they establish an employment relationship for the agency or company conducting the relief work. In other words, the volunteer, even if earning no money, must be an employee of the the company conducting the rescue and/or relief effort. The best evidence would be a written agreement that the worker is to be considered an employee of the company.

2. Report to the report if an accident or injury occurs arising out of and in the course of the employment. This report should be made as quickly as possible following the event or manifestation of illness. This should be followed up immediate with a written communication to the employer advising that an injury or illness occurred and that medical treatment, if necessary, is being sought.

3. Record the names and addresses witnesses to the even or exposure.

4. Seek medical care if required. If it is an emergency and you are unable to first notify your employer, seek medical attention first and then report the event. Most emergency rooms will record your event history and notify your employer, but that is not always the case. Therefore, advise your employer where and when you sought emergency medical care as soon as possible.

5. If you are advised by a medical profession to stay out of work, then obtain that information in writing. Make a copy of the lost time order and give the copy to your employer.

6. See the advice of an attorney at law familiar with workers' compensation matters since volunteer work in emergency situations produced a lot of complication issues. Those issue are inherited from the chaos and complications that occur in the wake of a major natural disaster such as a hurricane.

Volunteering for the hurricane relief effort is a noble gesture. Workers, in the emotional haste to assist, must also insure that they remain insured for workers' compensation benefits.

Monday, August 29, 2011

Pensions, Workers Compensation and Medical Benefits

The State of New Jersey has taken assertive action to guarantee medical benefits to injured workers for their lifetimes even though they are receiving accidental injury pensions. The Director has issued an Administrative Directive requiring language to literally toll the statute of limitations and permit the Division of Workers' Compensation to retain jurisdiction over such matters where the injured worker has accepted the continuing medical benefit option.

"Petitioner has been awarded and accepted an accidental disability pension effective _(date)_. To resolve the workers' compensation case, petitioner and respondent have agreed to provide petitioner with reasonable and necessary medical treatment for injuries related to the _(date)_ accident. This Order for continuing medical benefits shall not be subject to the two year statute of limitations and such medical benefits shall continue for the life of the petitioner or until further order of this court."

By statute, workers' compensation awards are offset by pension awards. The medical issue remains open usually and medical benefits remain the responsibility of the employer. The medical issue becomes a complication when costs are attempted to be shifted to collateral medical carriers or Medicare. The subsequent reimbursement issue then generates medical lien claims that must be litigated. The incorporation of the language will greatly clarify responsibility and expedite medical care and payment.

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.

Genetic Pre-Disposition to Mesothelioma

The workers' compensation system has struggled with asbestos related claims for decades. The serious and sometimes fatal occupational malignancies that asbestos exposure has been responsible for have resulted in an unabated epidemic surge of claims for which he system was unable to handle efficiently. The recent findings of a genetic predisposition to mesothelioma is a hopeful beginning that positive research efforts will yield both prevention and cure of asbestos related disease.

Scientists have found that individuals who carry a mutation in a gene called BAP1 are susceptible to developing two forms of cancer – mesothelioma, and melanoma of the eye. Additionally, when these individuals are exposed to asbestos or similar mineral fibers, their risk of developing mesothelioma, an aggressive cancer of the lining of the chest and abdomen, may be markedly increased.

"Because only a small fraction of asbestos-exposed individuals develop malignant mesothelioma1, and because mesothelioma clustering is observed in some families, we searched for genetic predisposing factors. We discovered germline mutations in the gene encoding BRCA1 associated protein-1 (BAP1) in two families with a high incidence of mesothelioma, and we observed somatic alterations affecting BAP1 in familial mesotheliomas, indicating biallelic inactivation. In addition to mesothelioma, some BAP1 mutation carriers developed uveal melanoma. We also found germline BAP1 mutations in 2 of 26 sporadic mesotheliomas; both individuals with mutant BAP1 were previously diagnosed with uveal melanoma. We also observed somatic truncating BAP1mutations and aberrant BAP1 expression in sporadic mesotheliomas without germline mutations. These results identify a BAP1-related cancer syndrome that is characterized by mesothelioma and uveal melanoma. We hypothesize that other cancers may also be involved and that mesothelioma predominates upon asbestos exposure. These findings will help to identify individuals at high risk of mesothelioma who could be targeted for early intervention."

"Germline BAP1 mutations predispose to malignant mesothelioma," Nature Genetics (2011) doi:10.1038/ng.912Received 06 May 2011 Accepted 27 July 2011 Published online 28 August 2011

Also see NIH Press Release: NIH-funded researchers discover genetic link to mesothelioma; Identified gene mutation may underlie other cancer types

Friday, August 26, 2011

Remembering 9/11

In commemoration of the tenth anniversary of the September 11, 2001 attacks, the International Center of Photography (ICP) is collaborating with the National September 11 Memorial Museum (9/11 Memorial Museum) on an exhibition of photography and video that addresses the issues of memory and recovery from disaster and explores how New Yorkers and volunteers from across the U.S. responded to this inconceivable tragedy. Remembering 9/11 will be on view at the International Center of Photography (1133 Avenue of the Americas at 43rd Street) from September 9, 2011 to January 8, 2012.

“On the occasion of this important anniversary of the events of 9/11, ICP is pleased to partner with the 9/11 Memorial Museum on an exhibition that honors those who were lost and celebrates the sacrifices of many to recover from those violent acts,” said Willis E. Hartshorn, ICP Ehrenkranz Director. “Photography is, in this case, both a documentary tool to record this process of regeneration and a medium of memorialization and healing.”

Focusing on how firefighters, transit workers, police officers, construction workers, artists, photographers, and World Trade Center (WTC) neighbors worked together in the aftermath of the attacks, the exhibition will include five parts: Memory Remains: 9/11 Artifacts at Hangar 17, a major installation by Francesc Torres; photographs from Eugene Richards’ Stepping Through the Ashes; a five-channel video installation, cedarliberty, by Elena del Rivero and Leslie McCleave; Above Ground Zero, photographs and proof sheets by Gregg Brown; and excerpts from here is new york: a democracy of photographs.

“The work in Remembering 9/11 documents a wealth of different experiences and offers various perspectives on the tragedy and its aftermath. It is the first time some of the work will be exhibited and accessible to the public. Only a handful of Gregg Brown’s extraordinary aerial views of the WTC site, which were commissioned by government agencies right after the attacks, has been seen by general viewers. And Francesc Torres’ installation will be a unique opportunity to see the WTC artifacts that were housed in Hangar 17,” said ICP Curator Carol Squiers, who co-organized the exhibition.

“For years, Hangar 17 has been a repository for stories of loss, courage, heroism, and resiliency that have been told through the recovered WTC steel beams and damaged vehicles,” said Joe Daniels, President and CEO, National September 11 Memorial & Museum. “A year from this year’s opening of the 9/11 Memorial, the world will be able to experience these historic artifacts in the 9/11 Memorial Museum. Our collaboration with ICP offers a window onto the Museum exhibitions we are planning.”

Memory Remains: 9/11 Artifacts at Hangar 17

Francesc Torres’ Memory Remains: 9/11 Artifacts at Hangar 17 is a digital projection installation of 140 photographs taken of the more than 1,500 artifacts removed from the WTC site and preserved inside Hangar 17 at JFK Airport. In Hanger 17, the items were cleaned, catalogued, and arranged in the 80,000 square-foot space, with only a limited number of visitors seeing the collection over the years, including military and police officials and family members of the victims. In April 2009, Torres photographed the collection that had taken shape inside the hangar, including twisted steel beams, crushed emergency and civilian vehicles, the remains of an Alexander Calder sculpture, store merchandise and displays, ID badges, and huge objects dubbed “composites”— compressed fused pieces of building materials, some measuring as much as eight feet on a side and weighing an estimated 25,000 to 30,000 pounds.

“Torres spent five weeks at Hangar 17 in 2009, daily confronting the legacy of terror and the ghosts of Ground Zero,” said Alice M. Greenwald, Director, 9/11 Memorial Museum. “Through Torres’ eyes, we can see the potential for resilience, and the triumph of the human spirit over adversity.”

The Torres work was commissioned for the 9/11 Memorial Museum in 2009. Many of the artifacts from Hangar 17 will be shown at the 9/11 Memorial Museum when it opens in September 2012.

Thursday, August 25, 2011

Census of Fatal Occupational Injuries Summary, 2010

A preliminary total of 4,547 fatal work injuries were recorded in the United States in 2010, about the same as the final count of 4,551 fatal work injuries in 2009, according to results from the Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Bureau of Labor Statistics. The rate of fatal work injury for U.S. workers in 2010 was 3.5 per 100,000 full-time equivalent (FTE) workers, the same as the final rate for 2009. Over the last 3 years, increases in the published counts based on information received after the release of preliminary data have averaged 174 fatalities per year or about 3 percent of the revised totals. Final 2010 CFOI data will be released in Spring 2012.

Economic factors continue to play a role in the fatal work injury counts. Total hours worked were up slightly in 2010 in contrast to the declines recorded in both 2008 and 2009, but some historically high-risk industries continued to experience declines or slow growth in total hours worked. Key preliminary findings of the 2010 Census of Fatal Occupational Injuries: - The number of fatal work injuries among the self-employed declined by 6 percent to 999 fatalities, more than the decline in their hours worked.

For additional data, access the BLS Internet site: www.bls.gov/iif/. For technical information about and definitions for the CFOI program, please go to the BLS Handbook of Methods on the BLS web site here: www.bls.gov/opub/hom/homch9_a1.htm.

Table 1. Fatal occupational injuries by event or exposure, 2009-2010
Table 2. Fatal occupational injuries by industry and selected event or exposure, 2010
Table 3. Fatal occupational injuries by occupation and selected event or exposure, 2010
Table 4. Fatal occupational injuries by selected worker characteristics and selected event or exposure, 2010
Table 5. Fatal occupational injuries by State and event or exposure, 2010
Table 6. CFOI participating State agencies and telephone numbers
Technical notes
HTML version of the entire news release

Wednesday, August 24, 2011

What to Do During an Earthquake

Workers' Compensation provides for benefits for workers who suffer injuries, physical and emotional, from natural disasters such as earthquakes, floods, storms. The recent earthquake in the northeast US highlights that workers become aware of what to do in case a hurricane strikes.

Stay as safe as possible during an earthquake. Be aware that some earthquakes are actually foreshocks and a larger earthquake might occur. Minimize your movements to a few steps to a nearby safe place and if you are indoors, stay there until the shaking has stopped and you are sure exiting is safe.

If indoors

DROP to the ground; take COVER by getting under a sturdy table or other piece of furniture; and HOLD ON until the shaking stops. If there isn’t a table or desk near you, cover your face and head with your arms and crouch in an inside corner of the building.

Stay away from glass, windows, outside doors and walls, and anything that could fall, such as lighting fixtures or furniture.

Stay in bed if you are there when the earthquake strikes. Hold on and protect your head with a pillow, unless you are under a heavy light fixture that could fall. In that case, move to the nearest safe place.

Use a doorway for shelter only if it is in close proximity to you and if you know it is a strongly supported, loadbearing doorway.

Stay inside until the shaking stops and it is safe to go outside. Research has shown that most injuries occur when people inside buildings attempt to move to a different location inside the building or try to leave.

Be aware that the electricity may go out or the sprinkler systems or fire alarms may turn on.

DO NOT use the elevators.

If outdoors

Stay there.

Move away from buildings, streetlights, and utility wires.

Once in the open, stay there until the shaking stops. The greatest danger exists directly outside buildings, at exits and alongside exterior walls. Many of the 120 fatalities from the 1933 Long Beach earthquake occurred when people ran outside of buildings only to be killed by falling debris from collapsing walls. Ground movement during an earthquake is seldom the direct cause of death or injury. Most earthquake-related casualties result from collapsing walls, flying glass, and falling objects.

If trapped under debris

Do not light a match.

Do not move about or kick up dust.

Cover your mouth with a handkerchief or clothing.

Tap on a pipe or wall so rescuers can locate you. Use a whistle if one is available. Shout only as a last resort. Shouting can cause you to inhale dangerous amounts of dust.

Following the earthquake, if you have suffered an injury, physical and emotional, seek medical attention and provide a report to your employer that you have been injured and seek workers' compensation 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 occupational accidents and illnesses.

Tuesday, August 23, 2011

Major California Medical Record Privacy Breach Disclosed

The lack privacy of medical records in workers' compensation claims has perpetually been a huge concern for workers since Congress ignored requests to protect their dissemination. A recent disclosure in California that the medical records of 300,000 injured workers were available online to the public through a mere Google search further demonstrates that the system is failing workers.

"Identity Finder, LLC (www.identityfinder.com), a global leader in identity theft prevention and data loss protection (DLP), discovered that a website exposed documents containing hundreds of individuals health information and database files containing approximately 300,000 names and social security numbers of California residents who applied for workers' compensation benefits. Identity Finder notified the websites owners, Southern California Medical-Legal Consultants, Inc. (SCMLC), of the breach on May 11, 2011 and SCMLC restricted access to all files within minutes of notification."

Over the last two decades the erosion of the privacy of injured workers medical records has continued unabated. Workers who are injured on the job should not have their medical records published without restriction or limitation. Injured workers should not be subject to public humiliation and embarrassment through disclosure of their medical records. It is time for Congress to revisit the issue.

Copyright

Tuesday, August 30, 2011

What Hurricane Relief Volunteers Need to Know About Workers Compensation

Monday, August 29, 2011