Researchers from the University of Texas at Austin believe they found a direct link between employee obesity and workers’ compensation costs.
The researchers examined 2,300 Louisiana cases to form their conclusion. They found that 75 percent of workers’ compensation claimants were either overweight (a Body Mass Index of at least 25) or obese (a BMI of 30 or more); most of the claimed injuries were torn tendons and broken bones. The study also looked at costs for major injuries, and found that the major-injury costs for non-overweight/obese workers ($180,000 per incident) were significantly lower than similar costs for overweight ($270,000) and obese ($470,000) workers.
The study found no correlation between weight and less severe injuries, or weight and recovery time. [Read more…] about Could A Few Extra Pounds Cost A Few Extra Dollars?
Worker's Compensation
More Details Emerge In Fatal Bus Crash
The events leading up to a serious bus crash that killed two people and injured dozens are coming into sharper focus, and as a result, some victims are turning to workers’ compensation to obtain money that will help them recover from their injuries.
Several St. John’s Parish Fire Services Operations officers were injured, and 37-year-old Firefighter Spencer Chauvin was killed, when a runaway bus collided with a disabled vehicle. That bus was filled with flood relief workers, and about a half dozen of them plan to file workers’ compensation claims as well.
Although the employer’s identity is clear as far as the firefighters are concerned, investigators are still working on identifying the relief workers’ employer. Apparently, these individuals may or may not have been in the country legally. It seems that Wallace Rush Schmidt Inc. recruited local day laborers to work for Servpro and perform flood restoration work. Kristina’s Transportation owned the bus, but it is unclear what professional relationship, if any, the company had with the bus driver.
That driver was an undocumented immigrant from Honduras who had no commercial drivers’ license. Denis Amaya Rodriguez had evidently been involved in bus crashes before, and some state lawmakers are asking questions about the entire affair.
Workers’ Compensation
About a hundred years ago, labor groups negotiated with management representatives to devise a plan to address the rising number of workplace injuries brought on by the dawn of the Industrial Revolution. Essentially, workers agreed to trade time for money. They gave up their right to sue in negligence court and obtain compensation for noneconomic damages, like pain and suffering, in exchange for a no-fault insurance system that compensates injured victims for their economic losses, like medical bills.
In many jurisdictions, the so-called “Grand Bargain” is no longer an even exchange, because workers’ compensation benefits have been reduced so dramatically in recent years. As a matter of fact, workers in several states – including Florida and Oklahoma – have challenged the system in court, claiming that it is no longer a legitimate alternative to a tort system.
However, that is not the case in Louisiana, where benefits are usually a bit more generous. For example, the average workers’ compensation payment for medical bills in the Bayou State is 430 percent higher than the comparable Medicare rate. However, victims must act fast to claim their share of benefits, because there are very strict time deadlines in these cases and administrative law judges almost never grant extensions or mulligans.
Benefits exist to help those injured on the job get back to work and back to life. For a free consultation with an experienced workers’ compensation attorney in Lake Charles, contact Lee Hoffoss Injury Lawyers. We do not charge upfront legal fees in these cases.
Industrial Accident Triggers Investigation And Fine At Plant
The Department of Labor found fifteen serious violations at a Center, Texas Tyson Foods plant, and fined the company $263,000.
Investigators from the Occupational Safety and Health Administration toured the poultry plant earlier this year, after OSHA received reports that a worker’s finger was amputated following an industrial accident. The worker tried to clear a belt jam by removing chicken parts, and doctors had to amputate a severely cut finger. Investigators ultimately cited the Arkansas-based company for a number of life-threatening violations, including improper safeguards on moving parts, dangerously high carbon dioxide levels, insufficient worker safety precautions, and improper compressed natural gas storage. Some violations were repeat violations, as this Tyson plant was also inspected and fined in 2012. [Read more…] about Industrial Accident Triggers Investigation And Fine At Plant
Third Party Liability on the Jobsite
While the workers compensation program in Louisiana is designed to help compensate injured workers, it can sometimes fall short of actually covering expenses incurred after an accident. If a third party caused or contributed to a workplace accident, affected workers can seek compensation under the legal theory of third party liability.
What Is Third Party Liability?
Oftentimes on a jobsite, other companies are subcontracted to work on the site that are not employees of the owner or operator of the business premises. If these entities, third parties to an employee, are negligent or reckless and cause the employee to get injured, he or she may be able to hold the third party liable for their injuries.
How Does Third Party Liability Differ?
Unlike workers compensation, those claiming third party liability can seek compensation for pain and suffering and lost wages. If the worker is killed by the third party’s negligence, the widow/widower and/or other dependents can seek loss of companionship and loss of financial support. Additionally, punitive damages can also be sought for a third party’s gross negligence.
Third party liability also differs from workers compensation in that workers compensation is a no fault system, meaning you do not have to prove liability to receive workers compensation. That workers comp coverage is limited by law and often insubstantial. However, third party liability must be proven to receive compensation and there are far less legal restrictions on the amount of financial damages that can be recovered.
Where Do Third Party Liability Accidents Occur Most?
Construction industry workers have the ability to file lawsuits for third party liability more than in any other industry. Because construction requires dozens of specialized workers like electricians, carpenters, and HVAC technicians, among others, on the jobsite the potential for third party negligence is much higher.
While some jobsites come with more inherent dangers than others, all workers have a right to safe workplace, and when a negligent party compromises the safety of a jobsite and causes an accident, they need to be held responsible.
Lake Charles Third Party Liability Attorneys
The experienced third party liability attorneys at Lee Hoffoss Injury Lawyers know how devastating a work injury can be, and are willing to work with you to seek complete compensation for your injuries. Call us today for a free consultation to discuss your case and your legal options.
EMT Suffers Fatal Workplace Injury
Unfortunately, the ambulance came down on top of the EMT. After the 44-year-old man was freed from under the heavy vehicle, he was rushed to a hospital in the area. Despite the efforts of medical personnel at West Jefferson Medical General Hospital, the man did not survive the injuries he suffered in the accident. The incident, which is being classified as an industrial accident, was still under investigation at last report.
Because this appears to have been a workplace injury, the victim’s surviving family members are likely eligible for benefits from the Louisiana workers’ compensation system. Any benefits received could help with the costs associated with his funeral and burial, along with the loss of the victim’s income. The system can be frustrating and challenging to navigate unless an individual is familiar with it. Therefore, it would be beneficial for this man’s surviving family members to enlist the advice and assistance of a workers’ compensation attorney to help ensure that they receive all of the benefits to which they are entitled.
OSHA Says Workplace Injury Complaints Too Common at Amazon
It would be difficult to find someone in Louisiana who has not heard of Amazon. The company sells just about anything a consumer could want, and orders are often fulfilled right away. It can be easy for consumers to forget that even though their transactions are done via computer, there are real people working for Amazon, and any one of those employees could suffer from a workplace injury.
For example, OSHA reports that Amazon’s workers spend a significant amount of time bending at the waist, which is known to cause stress injuries due to the repetitive movement. These can happen when employees work 10 hour shifts and sometimes mandatory overtime. However, these are not the only injuries that workers can — and have — suffered.
For example, in 2013, a temporary worker who was sorting packages was crushed in a conveyor system and died in New Jersey. In 2014, a worker at a Pennsylvania fulfillment center died as well, but no details were provided regarding that incident. Furthermore, OSHA says that Amazon’s on site medical staff acts outside of its scope, which could mean that injured workers are not receiving the treatment they need and deserve. In fact, Amazon was fined for not reporting all of the injuries that occur in its facilities as required.
An employer that fails to follow OSHA’s safety regulations dramatically increases the odds of a workplace injury occurring. Fortunately, most employers care about the safety of their employees and do what they can to keep them safe. That does not mean, however, that no one will ever be injured. For Louisiana workers who are injured, workers’ compensation benefits are available to help with medical costs, lost income and other issues.