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

Sunday, October 9, 2011

Occupy Wall Street And The Future Of Workers Compensation


The same social/economic forces  present on streets of New York City over a century go, are now re-emerging in the birth of the Occupy Wall Street [OWS] movement. The workers, unions and concerned citizens that are are patriotically seeking to again balance the  social/economic system mirror the century old movement and aspirations that its genesis in the Triangle Shirt Waist tragedy. This time the inspiration generated may evolve into a new and creative system to prevent workplace injuries and compensation. The new system maybe target entirely  to safety and prevention rather than solely compensating for injuries and exposures sustained at work.

Over a century ago the failure of employers to protect workers’ health and safety resulted in the tragedy of the Triangle Shirt Waist factory fire. Following that fatal conflagration emanated the promulgation of the modern day workers’ compensation system. It arose out of frustration and anger and was displayed in the street.

The recent efforts to dismantle the national network of workers’ compensation systems through legislation and regulation has effectively rendered the system both costly to navigate and burdensome to obtain benefits. Efforts have been made to make it more difficult to establish a claim. Occupational disease claims once considered compensable are not being denied and litigated on a regular basis.

The present workers’ compensation system has been emasculated by the competing efforts of Industry to reduce access to benefits at earlier stages of the process, and by a transformed industrial/economic system.  Soaring medical costs necessitated by the need to provide personalized medical treatment protocols to cure for complex diseases are raging havoc to the program. Medical  costs have soared and insurance carriers are continuing to raise rates. The 99% that constitutes the core group of the Occupy Wall Street movement is either unemployed or disabled and unable to work.  They seek good jobs which are safe, and medical benefits that are effectively and efficiently delivered.

Counting failure is no longer an option. Jobs that injury workers and a system that delays and denies benefits for injuries and exposures at work, is not beneficial to nation, its Industry and workers. Hopefully American creativity will give birth to a new system, and the Occupy Wall Street movement will be that catalyst. 

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.

Workplace Stress Labeled Black Death of the 21st Century

Mental stress in the workplace has been labeled as the Black Death of the 21st Century in a recent report by the Chartered Institute of Personnel and Development. In most jurisdictions, workplace stress is a compensable workers' compensation condition and benefits for temporary disability, medical treatment and permanent disability are available.

Stress is, for the first time, the most common cause of long-term sickness absence for both manual and non-manual employees, according to this year’s Chartered Institute of Personnel and Development (CIPD)/Simplyhealth Absence Management survey.

A link between job security and mental health problems is also revealed in the survey. Employers planning to make redundancies in the next six months are significantly more likely to report an increase in mental health problems among their staff (51% compared with 32% who are not planning redundancies).

For manual workers, stress is now level with acute medical conditions and has overtaken musculoskeletal problems to become the top cause of long-term absence. While among non-manual staff, stress has moved ahead of acute medical conditions.

There is a particular increase in stress-related absence among public sector organisations, with 50% of these respondents reporting an increase. Public sector respondents identify the amount of organisational change and restructuring as the number one cause of stress at work, highlighting the impact of public sector cuts to jobs, pension benefits and pay freezes. Job insecurity is also reported as a more common cause of work-related stress in the public sector this year (24%) compared with last year (10%) and is higher than in the private (14%) and non-profit sectors (14%).
Unsurprisingly, given the significant budget cuts, more than two-fifths (43%) of public sector organisations report they will be making redundancies over the next six months (compared with 17% in the private sector and 24% of non-profits).

Dr Jill Miller, CIPD Adviser, says: “The survey this year shows that stress is for the first time the number one cause of long-term sickness absence, highlighting the heightened pressure many people feel under in the workplace as a result of the prolonged economic downturn.

“Stress is a particular challenge in the public sector where the sheer amount of major change and restructuring would appear to be the root cause. To a large degree, managing stress is about effective leadership and people management, particularly during periods of major change and uncertainty.

“Line managers need to focus on regaining the trust of their employees and openly communicating throughout the change process to avoid unnecessary stress and potential absences. They also need to be able to spot the early signs of people being under excessive pressure or having difficulty coping at work and to provide appropriate support.”

Gill Phipps, HR spokesperson for Simplyhealth, comments: “Stress can often have a negative effect on the workplace, which can result in loss of productivity and disengaged employees. It’s therefore encouraging that almost half of employers have a wellbeing strategy in place, with 73% offering counselling services and a further 69% providing an Employee Assistance Programme. These benefits allow employees access to information and advice on workplace issues, as well as emotional, psychological and personal issues, and can be a huge help during difficult times. Employers need to ensure that benefits such as these are communicated effectively to staff in order for employees to get the most from them.

“With many organisations looking for ways to save money, employee health and wellbeing shouldn’t be over looked and should remain at the heart of the company. Benefits that engage employees do not have to be expensive. By introducing a recognition scheme or equipping leaders with the skills they need to care for the health and wellbeing of their teams, employers can make small, affordable changes that make a positive difference.”

Overall employee absence levels have remained static at 7.7 days per employee per year. Public sector absence has decreased from 9.6 days per employee per year last year to 9.1 days this year and private sector absence has increased from 6.6 days in 2010 to 7.1 days in this year’s survey. The trends in absence levels appear to reflect the relative fortunes of these sectors. Although overall absence levels show little change, the proportion of absence that is stress-related has increased. Nearly four in ten (39%) employers report an increase in stress-related absence, compared to just 12% reporting a decrease.

Other findings include:
• Absence levels are lowest among manufacturing and production organisations at 5.7 days per employee per year (6.9 days in 2010) while among non-profit organisations absence has increased to 8.8 days (8.3 days in 2010)
• Over a quarter (28%) of employers report an increase in the number of people coming to work ill in the last 12 months
• Organisations that were expecting redundancies in the coming six months were more likely to report an increase in presenteeism (32% compared with 27% of those who were not expecting to make further redundancies). They were also less likely to report they had not noticed an increase (48% compared with 66%) and less certain (20% report they didn’t know if there had been an increase compared with 7% of those not making redundancies)
• Organisations that had noted an increase in presenteeism over the past year were more likely to report an increase in stress-related absence over the same period (49% compared to 33% of those who did not report an increase in people coming to work ill)
• Over a quarter of organisations (29%) report they have increased their focus on employee wellbeing and health promotion as a result of the economic context. Over two-fifths of the public sector report an increase in focus compared with just over one-fifth of the private sector.

View the Absence Management survey

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.

Thursday, October 6, 2011

Murder at California Company Safety Meeting: 3 Shot Dead

The suspect in the shootings at a company safety meeting at a California quarry that left three dead.  After a massive manhunt, law enforcement sources told NBC affiliate KNTV.

WHO Urges Worldwide Asbestos Ban: Mesothelioma Rates Surge

The World Health Organization urges a worldwide ban on asbestos productions, as deaths from mesothelioma continue to escalate:

"In conclusion, malignant mesothelioma remains a rare form of cancer but the disease is on the rise, probably due to the spread of asbestos use over past decades. Our analysis shows that the disease burden is still predominantly borne by the developed world. However, since asbestos use has recently increased in developing countries, a corresponding shift in disease occurrence is anticipated. Our analysis of the global mortality pattern suggests that there are early indications of this shift and lends support to the call by international organizations to eliminate asbestos-related diseases and discontinue the use of asbestos throughout the world."

Bulletin of the World Health Organization 2011;89:716-724C. doi: 10.2471/BLT.11.086678

Surgery Common for Medicare Patients in Final Year of Life

"Of the 1.8 million Medicare patients who died in 2008, about one-third underwent a surgical procedure the year before their death, according to a new study published online in The Lancet. More than 18% underwent a procedure in the last month of life.

Primary source: The Lancet
Source reference:
Kwok A, et al "The intensity and variation of surgical care at the end of life: a retrospective cohort study" Lancet 2011; DOI:
10.1016/S0140-6736(11)61268-3.

Worker-On-Worker Violence Among Hospital Employees

"Violence toward hospital workers is an internationally recognized occupational hazard. While patients are frequently perpetrators of physical violence, other employees are often responsible for acts of nonphysical violence. However, few hospitals have systems for documenting and monitoring worker-on-worker violence. This study encompassed all incidents of worker on- worker violence recorded by employees in a hospital system database over a six-year period. Incidence rates per 100 full-time equivalents (FTEs) and rate ratios (RR) were calculated by year, hospital, and job category. The majority (87%) of worker-on-worker incidents involved nonphysical conflict. The overall incidence rate was 1.65/100 FTEs, ranging among the six hospitals from 0.54 to 3.42/100 FTEs. Based on multivariate analysis, no single professional group was at increased risk for worker-on-worker violence. Co-worker violence threatens the well-being of hospital employees and should be regularly tracked with other forms of workplace violence so that suitable intervention programs can be implemented and assessed.

The New Danger of Thirdhand Smoke: Why Passive Smoking Does Not Stop at Secondhand Smoke

"Passive smoking exposure is a topic of great concern for public health because of its well-known adverse effects on human health (International Agency for Research on Cancer 2004). Two news articles on this topic were published in the February 2011 issue of Environmental Health Perspectives (Burton 2011; Lubick 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 (Szabo 2006).

"Thirdhand smoke is a complex phenomenon resulting from residual tobacco smoke pollutants that adhere to the clothing and hair of smokers and to surfaces, furnishings, and dust in indoor environments. These pollutants persist long after the clearing of secondhand smoke. They are reemitted into the gas phase or react with oxidants or other compounds present in the environment to form secondary contaminants, some of which are carcinogenic or otherwise toxic for human health (Matt et al. 2011). Thus, thirdhand smoke exposure consists of unintentional intake (mainly through inhalation but also via ingestion and dermal routes) of tobacco smoke and other related chemicals that occurs in the absence of concurrent smoking. Exposure can even take place long after smoking has ceased, through close contact with smokers and in indoor environments in which tobacco is regularly smoked.

Citation: Protano C, Vitali M 2011. The New Danger of Thirdhand Smoke: Why Passive Smoking Does Not Stop at Secondhand Smoke. Environ Health Perspect 119:a422-a422. http://dx.doi.org/10.1289/ehp.1103956


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.