According to one metric, which we posted about earlier, Louisiana workplaces are among the safest ones in the country. But according to another survey, the Bayou State is almost literally a deathtrap for workplace injuries.
The National Institute for Occupational Safety and Health reported that only Arkansas has a higher workplace death rate than Louisiana’s 6.8 incidents per 100,000 workers. In general, most all states in the Southeast have job injury death rates that well exceed the national average, which is 3.8 per 100,000. Motor vehicle crashes and other transportation incidents are the leading cause of workplace death in Louisiana and elsewhere, followed by contact with equipment or objects, workplace violence, falls, and exposure to hazardous substances.
Study authors suggested that more research go into the causes of, and solutions for, fatal workplace injuries.
Compensation for Fatal Workplace Injuries
No amount of money can begin to compensate for the loss of a loved one, but the money available through the workers’ compensation system at least provides a little extra economic security. Since that is one of the biggest reasons the departed loved one went to work every day, that added security is a good way to honor the decedent’s memory.
There are two types of fatal workplace injuries: persons who die almost immediately because of their injuries, and persons who are seriously injured and succumb to their work-related injury or illness within two years. In both these instances, surviving spouses and children typically receive a weekly stipend based on the decedent’s contributions during the past twelve months; if there are no surviving spouses or dependents, each surviving parent usually receives a $75,000 lump sum payment. In all these cases, workers’ compensation also pays all funeral and burial expenses up to $8,500.
Workers’ Compensation System
When these laws first appeared about a hundred years ago, injured workers rather quickly received substantial compensation for their economic losses, thus offsetting the fact that they could not sue for noneconomic damages, because of the “exclusive remedy” doctrine. But over the years, benefits incrementally went down and the time required to process workplace injury claims incrementally went up.
As a result, some victims are challenging workers’ compensation systems. The Florida Supreme Court recently ruled that a key attorneys’ fee provision was unconstitutional, because it effectively denied victims competent representation in these matters.
Such reform movements have not yet come to Louisiana, because on balance, benefits are sufficient to get workplace injury victims healed and back to work in a reasonable amount of time. But as the Florida case illustrates, only an aggressive attorney gives victims a fair chance when they go up against large insurance companies, whether it is in a negligence trial or at a workers’ compensation hearing.
Employers must pay compensation when their workers are injured or killed on the job. For a free consultation with Lee Hoffoss or another experienced personal injury attorney in Lake Charles, contact Lee Hoffoss Injury Lawyers. After hours appointments are available.
Worker's Compensation
Reckless Injuries To Sewer Workers
Federal authorities ordered Don M. Barron Contractor to pay over $152,000 in fines after investigators determined that bosses sent workers into a potentially dangerous work injury situation; two of them fell seriously ill after they inhaled toxic fumes.
The Occupational Safety and Health Administration issued seven safety citations: six for serious violations and one for a willful violation. Investigators concluded that the company sent sewer workers into a confined space without first testing the atmosphere. Two employees completely lost consciousness and were rushed to nearby hospitals. “This employer must take responsibility for making sure these types of injuries and the potential for loss of life do not happen again,” declared OSHA area director Dorinda Folse. [Read more…] about Reckless Injuries To Sewer Workers
The Bayou State: A Great Place To Work
The workplace accident rate in Louisiana dropped to its lowest rate in fourteen years, according to the Bureau of Labor Statistics.
Only the District of Columbia had a lower workplace accident rate than Louisiana’s 1.9 per 100 full-time workers. That figure is almost half the national average, and Louisiana has been below the national average since recordkeeping began. Louisiana Workers’ Compensation Executive Director Ava Dejoie remarked that the encouraging numbers are but another step in the ongoing effort “to continually improve safety until we reach zero incidents.” In terms of specific sectors, workplace accidents declined almost all across the board, including real estate (0.9 decrease), retail trade (0.6), professional services (0.5), and management (0.4). [Read more…] about The Bayou State: A Great Place To Work
Feds Assign Blame In 2013 Plant Explosion
The U.S. Chemical Safety and Hazard Investigation Board (CSB) ruled that workplace safety deficiencies at the Williams Olefins Plant in Geismar, Louisiana caused an explosion that killed two workers.
Specifically, according to the CSB, in the dozen years prior to the incident, management neglected issues with a over-pressure reboiler, which ultimately ruptured. The facility normally employs about 110 people, but roughly 800 people were onsite at that time, as contractors worked to expand the petrochemical plant. At the time, the reboiler was offline and not hooked up to its pressure-relief device, so the heat build-up lead to a BLEVE (boiling liquid expanding vapor explosion) and subsequent fire. Most of the 169 casualties (two dead and 167 seriously injured) were contractors.
In announcing the findings, CSB Chairperson Vanessa Allen Sutherland said that “The tragic accident at Williams was preventable and therefore unacceptable. This report provides important safety lessons that we urge other companies to review and incorporate within their own facilities.” [Read more…] about Feds Assign Blame In 2013 Plant Explosion
Sooner State Stands Up For Injured Workers
Neighboring Texas is the only remaining state that allows employer to opt out of the workers’ compensation system after the Oklahoma Supreme Court ruled that such a system upset the so-called Grand Bargain.
Three years ago, large retailers and other large employers convinced Oklahoma lawmakers to pass a law that allowed them to self-insure against workplace injuries; after a successful push in the Sooner State, advocates introduced similar bills in Mississippi, Tennessee, South Carolina, and several other states as part of a nationwide push to effectively dismantle the workers’ compensation system. But the tables started to turn when a national media outlet published a study that opt-out plans meant substantially lower benefits for injured workers. Next, the Florida Supreme Court ruled that a rather arcane attorneys’ fee structure was unconstitutional, and the move is expected to give injured workers more options. Earlier this year, Oklahoma’s highest court struck down a provision that sharply curtailed benefits for permanently disabled workers. [Read more…] about Sooner State Stands Up For Injured Workers
I Wish I Could Hear You…
22 million American workers suffer partial or total permanent hearing loss on the job each year, making this condition the most common workplace injury claim.
The number of claims – which come largely from construction, manufacturing, and mining operations – cost an estimated $242 million per year, according to the Department of Labor. In response, the government has launched an aggressive educational campaign designed to help employers know about available noise-reduction technologies. However, critics say that poor regulation, and not technological underutilization, is to blame. They want the Occupational Safety and Health Administration to update its maximum noise-exposure workplace injury rules to more accurately reflect current conditions and also account for exposure to non-work noise that adds to the cumulative exposure risk. OSHA says that it is considering such actions. [Read more…] about I Wish I Could Hear You…