The most common occupations to have workers killed in on-the-job accidents were construction, agriculture and manufacturing, with 24, 22 and 17 deaths in 2011, respectively. The most common causes of death according to the report were motor vehicle accidents and falls, with twenty-three workers killed by each in 2011.
]]> Homicides were also accounted for, with sixteen deaths reported in 2011, down from twenty-six reported in 2010. The total number of work-place deaths has been declining since 1999, when 182 were reported, with 174 being reported in 2001 and 157 being reported in 2006. The low point of work-place deaths was reached in 2009, when only 96 were reported.However, according to an article by the Detroit Free Press, there is some concern that burns are being underreported in work-place accidents. According to a variety of sources, including Michigan hospitals, worker's compensation agencies, the state's poison control center, and death certificates, 1,461 work-related burns were reported, but only 450 were reported by employers to the U.S. Bureau of Labor Statistics. The director of the University's DOEM stated in a news release that "surveillance is a basic premise of public health."
Overall, 5,000 Americans nationwide are killed in work-place accidents, with 60,000 deaths caused by cancer, lung disease, and other work-related illnesses. Injured workers may be entitled to workers' compensation benefits. It is important to report any workplace injury as soon as it occurs.
]]>On-the-job injuries can happen for many reasons, in any environment and to any employee. When an injury occurs at work, the employee has the right to file a claim for payment of benefits, and the employer must secure that employee's position until that employee is able to return to work.
Worker's compensation is a system that provides critical benefits which injured employees should fully understand and utilize when needed.
]]>The Michigan Office of Regulatory Reinvention (ORR) recently recommended a long list of changes to Michigan's workplace safety regulations. The list includes 624 alterations to 334 separate rules maintained by the Michigan Occupational Safety and Health Administration (MIOSHA) that provide protections beyond the federal OSHA standards.
]]> Michigan Governor Rick Snyder has reviewed the ORR's recommendations and directed the agency to work with MIOSHA to implement the changes. The process for compiling the list included input from many stakeholders, including construction companies, pharmaceutical companies, utilities, municipal authorities, manufacturers and unions.MIOSHA Director Martha Yoder claimed in a press release that the project will eliminate duplicative and obsolete rules, while improving MIOSHA effectiveness by simplifying workplace safety and health systems. The plan also replaces separate state standards commissions for construction safety, industry practices and occupational health.
One clear motivation for the changes is to reduce costs for businesses and supposedly make Michigan more competitive. But such reforms also present the danger of gutting meaningful standards in a headlong race to the bottom, all at the expense of increased injuries to Michigan workers.
Future drastic changes have been proposed, including a Michigan Senate bill that eliminates MIOSHA entirely to rely only on federal standards. As worker safety rules are red-lined, streamlined and undermined, the services of Michigan workers' rights lawyers who protect workers after harm has occurred become increasingly important.
]]>According to police, the construction accident injured three people. Around 150 inmates had to be transferred to jails in surrounding counties for staff, inmate safety and inmate crowding purposes.
]]> Construction work was originally scheduled to commence at the end of this year, but the crane collapse has now caused uncertain and indefinite work delays.The crane collapse at the construction site provided a cautionary reminder that working in the construction industry is one of the most dangerous occupations. Construction work involves executing dangerous tasks in difficult work conditions, such as at great heights or deep excavations in all kinds of weather. Construction sites are often fluid environments with a variety of workers surrounded by dangerous tools, heavy equipment and hazardous materials.
With so many workers on job sites, an accident or misstep results in harmful, sometimes catastrophic accidents. Consequently, serious occupational injuries and fatalities are common hazards on construction work sites. Overall, the construction industry has a poor health and safety record as compared to other industries. The United States Bureau of Labor Statistics data shows that construction workers sustain work-related injuries at rates that are above the national average for all occupational industries.
Other factors in construction injuries include a lack of safety training, a lack of safety precautions, high levels of self employment and equipment and machinery failures. Many construction injuries and deaths are accidental, but negligence can turn a harmless situation into a potentially fatal one.
]]>Proponents of the bill say the changes could reduce fraud in Michigan's workers' compensation system and will encourage injured workers to quickly re-enter the workforce when they are able to do so. However, critics say the provisions of the proposed legislation will penalize workers who have suffered on-the-job injuries.
]]> For example, under the current law, an injured worker may receive workers' compensation benefits to make up for a reduction in his or her "wage earning capacity" in work suitable to the workers' training and experience caused by the work-related injury or illness.So, if a brick layer was injured on the job, the injured worker could receive workers' compensation benefits until he or she was recovered sufficiently to able to work again as brick layer. In addition, workers' compensation would cover part of the difference between the injured worker's previous wages and the lower wages he or she earns in the new job because of the injury.
The proposed legislation would change the definition of wage earning capacity so it is measured by the wages the worker could conceivably earn at a job "reasonably available" to the worker, regardless of whether he or she is actually employed. In essence, this means that workers could see their benefits reduced because a job they could have - but don't - would pay them as much as they earned before the injury.
Considering the devastating impact of the recession on Detroit and the high competition for the few jobs that do exist, this new law will make it extremely challenging for injured workers to make ends meet.
]]>The Occupational Safety and Health Administration (OSHA) offers a number of tips so that store owners and other retailers may minimize the risk of workplace injuries.
]]> Planning - With regarding to crowd management, employers should create detailed staffing plans to ensure the safety of the event. This may include having additional security to properly direct shoppers, practicing safety procedures, and providing legible and visible signs that describe entrance locations. Employers should ensure that the store meets all public safety requirements, and notify local police and fire departments of the sale.Pre-Sale Setup - Retailers should also take appropriate steps to organize entry and exit from the store. This would include setting up rope lines or barricades well in advance to control customer entry. These access controls should be set up away from the store entrance so that crowds may be divided up into smaller groups. A controlled entry will reduce the likelihood that customers will push from behind and minimize the risk that others would be crushed or trampled as eager shoppers rush through the entrance.
Employee Safety - With regard to employees, employers should allow a reasonable amount of time for workers to stock additional merchandise in anticipation of the event. Managers and team leads should give detailed instructions on how to handle heavy or awkward merchandise in order to avoid injuries or accidents. Also, teams should be designated for merchandise stocking, store set-up, customer service and clean up. Lastly, all employees should be familiar with emergency procedures and be trained on how to notify store personnel should the need arise.
]]>House Bill 5002 contains proposed changes to the way that an employer and workers' compensation insurer can calculate partial disability benefits. Under the current system, if an injured employee does return to a job but makes a lower wage than what he or she previously earned, workers' compensation benefits made up part of the difference.
This provision only applies if the employee actually returns to work, however. If the employee cannot find a job to which he or she can return, he or she still earns temporary total workers' compensation benefits.
The bill proposes to allow employers and insurers to determine when an employee can return to work and calculate benefits based on a hypothetical job to which an employee could return, even if the employee cannot find work that accommodates his or her injury. The bill also allows employers to terminate an employee for fault reasons, which would make the employee ineligible to receive workers' compensation benefits.
The proposed law prohibits an employee from treating with their own doctor for the first 45 days. Under current rules, an injured worker would only have to wait ten days before seeking treatment from a physician of their choice.
Legislators in the House have passed the bill, and it is now in the hands of the state Senate. If they also approve the changes, the bill would head to the governor for signing.
]]>Workers' compensation benefits are possible for telecommuters, as two recent cases show. In one case, a woman who tripped over her dog as she was carrying fabric samples at her home secured workers' compensation benefits. In another case, a woman who spent long stretches in her home, working at her work computer, died of a blood clot; her family won workers' compensation survivor benefits.
Although this is an evolving area of the law, workers who work at home should be entitled to workers' compensation benefits when the injuries arise from employment.
]]> What if You Are Injured While Working at Home?Traditional guidelines apply for workers who are injured while they are on the job at home: seek medical attention right away; report the injury to the employer; and keep careful records.
Potential issues that a worker may have to deal with include showing that his or her activities at the time of the injury were work-related. Employers may be suspicious that a worker is engaging in fraud, especially because the worker was offsite when the injury occurred. An injured telecommuter may face intense scrutiny from an employer, especially if the employer is unprepared to deal with these workers' compensation claims. In such cases, the worker should consult with an attorney who is experienced in such matters.
Approximately 20 percent of the workforce is working outside the traditional office setting. As more employees telecommute in Detroit, Michigan, and across the country, telecommuter workers' compensation claims are sure to become more common.
]]>Last week, Michigan Republicans introduced a bill in the Michigan Legislature that, if passed, will severely limit benefits payable to injured workers and their families under the state's workers' compensation law. House Bill No. 5002 contains a series of amendments to the state's existing workers' compensation law, which covers lost wages, medical care and vocational rehabilitation to an employee who is injured on the job. Tens of thousands of Michigan employees are injured every year and would be negatively affected by these changes.
Workers' compensation is designed to provide wage loss benefits for employees to sustain themselves when they become unable to work. It also has provisions to rehabilitate injured workers and help them get re-established in a new vocation if permanently unable to perform their past jobs.
The proposed legislation would drastically impair an employee's ability to obtain any lost wage benefits, even if they are unable to work or unable to find alternate work, by imposing a complex and confusing definition of disability, among other restrictive changes.
]]> The new bill has been referred to the House Commerce Committee and is scheduled for a hearing on September 27, 2011 at 10:30 a.m. in room 519 of the State House Office Building in Lansing, MI. Anyone concerned about the impact of this bill on their workers' compensation benefits is encouraged to contact their representative and express their disapproval.Draconian Provisions
The bill contains a number of alarming provisions. Some of the harshest and most radical provisions are as follows:
• REDUCE OR ELIMINATE WEEKLY INCOME BENEFITS BY WHAT A WORKER IS "CAPABLE OF EARNING", EVEN THOUGH HE/SHE IS NOT ABLE TO EARN WAGES OR FIND WORK
• ALLOW AN EMPLOYER TO DENY BENEFITS IF AN INJURED WORKER IS FIRED
• MAKE IT HARDER TO GET BENEFITS FOR ARTHRITIC CONDITIONS AND MENTAL DISABILITIES
• ALLOW THE EMPLOYER TO CHOOSE YOUR DOCTORS FOR THE FIRST 90 DAYS OF TREATMENT
• MAKE AN INJURED WORKER OR THEIR MEDICAL PROVIDERS PAY ATTORNEY FEES ON WRONGFULLY DENIED MEDICAL BILLS, RATHER THAN THE INSURANCE COMPANY OR EMPLOYER
• REDUCE WEEKLY BENEFITS BY PENSION AMOUNTS EVEN WHEN THE PENSION IS NOT BEING PAID
A New Definition of disability - The definition of disability dictates when an employee will become eligible for benefits. Changing this definition will limit the number of employees who may receive benefits. Under the new definition, employees would no longer be eligible to receive full benefits if they are able to perform any other job suitable to their qualifications and training. As a result, if you are injured, even though you may be unable to perform your existing job, you may still be ineligible to receive any wage loss benefits.
Introduction of partial disability concept -Individuals are deemed partially disabled if they are able to earn a wage at any pay level that is less than what they were able to earn before, in a job that is within their qualifications and training.
Pathological change that is medically distinguishable - The new legislation will elevate the standard of proof required to show that an injury has occurred. Injuries will only be compensable if they are the sorts of injuries that would be expected to arise out of a particular area of work. If the employee had any pre-existing condition, the new injury must produce a pathological change that is medically distinguishable from the prior condition, even if the pre-existing condition was unknown and asymptomatic before the injury.
Mental disability limitations - The amended law would limit an employee's ability to recover for mental disabilities. If the disability arises from something other than a physical injury, an employee could only recover if it caused by a stress that is greater than what other employees experience. This modification would effectively eliminate mental health benefits for employees whose reaction to work stresses is different from that of their co-workers, even though everyone reacts differently to the same stressors.
Adjustment to wage earning capacity-The new bill will stagger out how much continual benefits may be paid to an employee who obtains and subsequently loses another job through no fault of their own.
Denial of the right to Medical Care - Currently an injured worker, if offered it, must obtain medical treatment from a company chosen doctor during the first 10 days of starting medical care after an injury. The new law would limit an employee's ability to choose their medical care provider for a full 90 days following their injury. This represents a very serious intrusion into the physician-patient relationship and represents government sanctioned control of medical decision making. Most injured workers will never see their own doctors and certainly be given inferior care as insurance carriers drive bargains with the worst doctors who have fewer patients because they are not as highly skilled or even incompetent. It was also change the law that allows a Magistrate to award attorney fees on medical expenses to the injured worker to be paid by the employer or insurance company. Now the doctor or injured worker, or both, would have to pay the fees. Who can afford that? What doctor will wait years for payment and then pay an attorney fee to get a bill paid? Very few indeed, if any.
Pension Benefits treated as income even when not being received -This provision will allow a reduction of wage loss benefits by the amount of pension benefits that a person is eligible to receive, but not being paid.
Contact Your Representative
If passed, the damage that would be done to the rights of Michigan injured workers and their families would be catastrophic. More and more Michigan families will slip into poverty and clog our overburdened social welfare programs. Medicaid and Medicare will assume the responsibility of insurance companies and large corporations to pay for needed medical care. More and more people will rely on food stamps, cash assistance grants, rent and utility assistance programs, etc...It will remove the employer's incentive to find work for injured workers and cast them aside as a casualty of corporate greed and arrogance. It is critical that you contact your representative and let them know how you feel before this bill is passed into law. Tell them you strongly oppose HB 5002.
Source: www.legislature.mi.gov, "House Bill No. 5002," Jacobsen, Bumstead, Jenkins, Damrow, Price, Lund, Agema, Pscholka, Lori, Olson, Shaughnessy, LaFontaine, Muxlow, MacGregor, Rendon and Zorn
]]>The deficit-reduction deal that was reached during the summer placed caps on spending. However, an exemption to the caps was given to the Social Security Administration (SSA). The Wall Street Journal reports that this exemption could allow the SSA to increase the number of reviews it conducts to determine recipients continued eligibility for disability payments. The bill does not specifically allocate money to the SSA for this purpose, but does not place caps on or limit Congress' ability to appropriate monies to the SSA.
]]> The SSA reports that reviewing recipients' eligibility for Social Security disability actually saves the government money. The agency notes that an average of 12 percent of recipients lose their eligibility for disability benefits after reviews. This equates to a $10 savings in Medicare, Medicaid and Social Security for every $1 spent on reviews.Reviews generally consist of examining medical records and/or examinations by doctors.
SSD benefits are monthly payments made to workers who are disabled to the point that they are unable to perform work for a year or more. Workers who meet the SSA's definition of disabled and have worked at a job that is covered by Social Security are eligible to receive SSD benefits.
]]>According to the SSA, Compassionate Allowances help the agency and individuals applying for Social Security Disability Insurance benefits quickly identify diseases and medical conditions that, by definition, satisfy the agency's requirements for disability benefits. The main conditions on the list are cancers, adult brain disorders and uncommon disorders that affect children.
]]> The new additions to the Compassionate Allowances list are:There are 100 conditions on the Compassionate Allowances list, which can be viewed at the SSA's website.
The Compassionate Allowances provision and the Quick Disability Determination process are two ways the SSA expedites certain Social Security disability claims. In 2010, the SSA approved more than 100,000 claims through these systems with an average wait time of about two weeks, which is significantly shorter than average wait of longer than a year for other Social Security disability benefits applications.
After working with experts and holding multiple public hearings to develop the Compassionate Allowances list, the agency has identified other ways the application process can be improved for people with Compassionate Allowances conditions, such as removing the work history portion of the application.
In announcing the addition of the 12 conditions to the Compassionate Allowances list, Commissioner Astrue said the agency reached a "significant milestone," and emphasized the agency's obligation to quickly award Social Security disability benefits to people with medical conditions so serious they clearly meet the disability standards.
These added Compassionate Allowances conditions will likely result in an increase in applications for Social Security disability benefits. With the expedited programs, though, hopefully the expected uptick in applications will not lengthen the amount of time it takes for people with severe disabilities to get the benefits they need.
]]>Social Security Administration Commissioner Michael Astrue downplayed the importance of the increase in the number of applicants waiting for decisions on their applications, pointing instead to the SSA's improved time in disposing of cases in a final resolution. Ethel Zelenske, government affairs director for the National Organization of Social Security Claimants' Representatives, agreed with Astrue, noting that even though the SSA is receiving more applications, it is processing them faster - which ultimately benefits the applicants.
Both Astrue and Zelenske admitted that the SSA's processing time may slow in the face of recent budget cuts, however. The SSA was supposed to receive $200 million to help address the backlog of applications but the federal government diverted those funds in a stopgap measure to prevent a government shutdown in the spring of 2011. Additionally, the SSA's 2011 budget was supposed to increase to $12.4 billion, from $11.4 billion in 2010, but has not. The SSA had to delay plans to open eight new hearing offices as a result of the funding cuts.
Astrue acknowledged that the funding cuts may prevent the SSA from reaching its goal of reducing waiting time on cases from the current average of 376 days to 270 days by 2013. If the SSA cannot keep making progress on its goal to reduce overall time that it takes an application to reach a final disposition, the backlog will grow even more since the increase in applications shows no signs of abating.
]]>The new commission will consist of nine members appointed by the governor who will review the decisions of magistrates and administrative law judges. The new commission will handle the appeals of the two now defunct commissions that handled workers' compensation and unemployment benefits.
]]> An appeal to the commission will be heard by a panel of three members. When a decision is made by the panel, it will be deemed the final decision of the entire commission. A decision by two of the panel members that agree with the result shall be considered the decision of the commission.The governor issued the executive order because the state is facing a declining number of workers' compensation appeals and a growing number of unemployment benefits cases.
While the new panel may be able to help in speeding up the appeals process for unemployment cases, the combining of these two areas may slow down those filing workers' compensation appeals. For those that are injured, this possible delay could be an extra burden to shoulder.
If you have been injured on the job, an experienced workers' compensation attorney can assist you throughout the process of obtaining benefits, protesting a denial of benefits, and negotiating with an employer or insurance company to settle your case.
]]>In 2008, 5,214 people were injured on the job in the United States; in 2009, that number dropped to 4,340. The number of fatal work injuries among wage earners has also decreased 20 percent during that time, although fatal injuries among the self-employed only dropped 3 percent. Injuries studied in the census include highway incidents, homicides, falls and being struck by an object at work.
]]> Both the NCFOI and the AFL-CIO cite "economic factors" as a significant reason for the decline in workplace injury. Those high risk industries-construction, manufacturing, and transportation, for example-are also the industries that were hardest hit by the recession.Ideally, no one should be injured while on the job, but accidents are inevitable, especially in high-risk industries. Workplace safety has steadily increased since the adoption of the Occupational Safety and Health Administration (OSHA) was established in 1970. In that year, 13,800 people died on the job. However, workplace safety still lags behind environmental cases in fines and jail time: Only 84 OSHA cases have been brought to court since 1970, compared to 238 environmental cases brought to court in 2010 alone.
Although workplaces are getting safer, the recession-not safety regulations-are the primary cause. Workers in high-risk industries should be on the look-out for a rise in workplace injuries and deaths as the economy strengthens. If you have been injured while on-the-job, contact an experienced workers' compensation attorney to discuss your options.
]]>Fortunately, in the last ten years, doctors have learned a lot about how the brain responds to trauma, and have developed treatment and therapies to help the brain recover form severe injury. Many brain injury survivors attribute their survival and recovery to level one trauma centers, where doctors are capable of performing decompressive craniectomies--- emergency surgeries that decrease swelling in the cranium. After emergency room care, brain injury victims face months of therapy to rebuild their brains. Therapy helps patients relearn how to walk, talk, read, and write - all skills they may have lost due to brain injury.
]]> Assistance After On-the-Job Brain Injuries in MichiganIn many occupations, serious brain injury is a risk of that job. Workplace brain injuries might include a mild concussion or a traumatic injury, like that experienced by journalist Bob Woodruff while reporting in Iraq. Workers in occupations like construction, factory work, truckers, and the medical field may face increased risk of a brain injury on the job. In the case of workplace brain injury, it is important to understand what kinds of financial assistance are available.
The State of Michigans workers' compensation laws cover all injuries and illnesses that are caused by or occur in the workplace, including brain injuries. Workers compensation benefits can be short or long-term, depending on the injury. Federal money is available through the Social Security Administration, which provides Social Security disability benefits to people who cannot work due to a medical condition that is expected to be long-term. Finally, the brain injury victim might have a personal injury claim against someone who caused the brain injury accident, such as a third-party installer, another driver who causes an accident while driving on the job or another negligent party.
Although recovering from brain injury is a long and difficult process, there are several sources of financial support that can help individuals get the medical care they need, and meet the challenges of day-to-day life after a brain injury.
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