Jun 18, 2018 | Personal Injury, Workers' Compensation
Staying safe when operating in confined work spaces can be difficult. Being that these spaces create a whole new set of hazards, they require a few different guidelines and protocol. For this reason specifically, OSHA felt it necessary to develop specific safety regulations for this setting alone. Through this rule, OSHA defines ‘confined spaces’ and by doing so, they can outline the responsibilities, and employer duties for this specific type of at-risk worker.
Confined Work Spaces: Defining and Outlining them
A confined work space, as now defined, is an area that presents special dangers to the workers in some way. These dangers can include things such as, poor ventilation, and areas that provide insufficient oxygen, or dangerous level of gases. Furthermore, if these areas present a danger of illness, injury, or entrapment, the worker must have a special permit to work within that space. Ultimately, to operate under these conditions, an employee must meet certain guidelines. Therefore, the employer must do the same.
Employer Responsibilities
Under this new rule, employers have a few steps to take before allowing a worker to operate:
Training the workers. By this rule, employers must make sure their workers receive the right training first. In this training, workers should learn what to do in the event of injury. Also, they will learn how to work safely, and protect themselves and fellow workers. In the event that something goes wrong, they should have an escape plan.
Plan how to rescue injured workers. Since most of these confined spaces will not have more than one exit, an escape plan is necessary. In fact, employers should have a plan of rescue before workers go in these areas. This plan should include a way to retrieve workers quickly and safely.
Working safely
Many types of workers operate in these areas everyday. For this reason, it is best to be proactive and use caution. By following closely what OSHA set out, there is a better chance of avoiding trouble. Resulting injuries, when they occur, have severe side effects. Those effects, can impact your quality of life. Therefore, when these types of injuries occur, it’s important that you speak to someone. You might not want to hire a lawyer, but there might arise a time when that’s your only option.
Jun 4, 2018 | Personal Injury, Workers' Compensation
If you are currently dealing with a form of spinal cord injuries, you know that they can be quite painful. Maybe you haven’t made it to the doctor yet. Whether you don’t have insurance, or you feel you can treat this injury on your own— the pain can be extremely difficult to bear. We highly advise that you see a doctor, especially if this injury occurred in the workplace. However, if you’re trying to diagnose the injury first, it’s important to understand that there are different types of these injuries. Types of spinal cord injuries can vary depending on what area of the spine becomes damaged.
Depending on which segment, you may experience different symptoms. In general, most of these injuries can split into two categories. First of which is incomplete spinal cord injuries. With these types of injuries, the cord severs only partly. However, in the case of complete spinal cord injuries, the cord becomes fully severed.
Spinal Cord Injuries: Which Part of Your Spine is Suffering?
Upper Vertebrae
Cervical spinal injuries. These exist in the upper part of the body. In general, this segment of the spinal cord make up seven vertebrae: C1-C7. Being that they make up the portion of the neck and work closely with the brain, these injuries can be the most serious. For the most part, any injury within this area can result in limited or absence of feeling from the shoulders on down the body.
Thoracic. Working the way down the spine, the thoracic region consists of the upper to middle part of the back. In this area, 12 vertebrae make up the region, numbered T1-T12. Throughout T1 and T5, the nerves and muscles help regulate breathing. While the lower T6-T12 help control posture and coughing.
Lower Vertebrae
Lumbar spinal injuries. Within the lumbar section, you can find the largest vertebrae in your body. This is due to the fact that this portion supports the most weight. For this reason, injuries to this area normally cause a loss of function in the hips and legs. However, the upper parts of the body usually still maintain their normal use.
Sacral. This part of the spine exists at the very bottom and just above the tailbone. These vertebrae, numbered S1-S4, fuse five bones to make up its triangular shape. For the most part, injuries in this area only occurs during a serious fall. While these injuries may not leave you unable to walk, it can affect the nerves that control pelvic organs.
Diagnosing the right spinal cord injury is extremely important
Your spinal cord is pretty much your lifeline. It holds you up, transports information, supports your brain, and has much to do with nerve function. So, if you face an injury in this region— it’s important to have it treated properly. A spinal cord injury doesn’t have to hinder your function indefinitely, but it does have the potential. So speak with a doctor, come up with a plan of action, and follow it closely. We wish you luck in the journey to recovery, and offer our services if you might need them.
May 30, 2018 | Workers' Compensation
Maybe you recently bumped your head while at work. Maybe you were working under a shelf, you sat up, and pop; you have a knot on your head. These kinds of small injuries and accidents happen all the time, and most go unnoticed because it doesn’t feel like a big deal. But no symptom work accidents can end up causing problems in the long run. Ultimately, just because you don’t have immediate symptoms, doesn’t mean there’s no damage…
No Symptom Work Accidents: Facing Delayed Pain?
We mostly associate pain with something not being right in our bodies. However, sometimes pain and injuries may take some time to show themselves. And if you’re facing a work injury, you might be looking for signs as to whether you should report it or not. So, when you feel okay, you’ll likely keep on going and forget it happened. But, with time, maybe that spot continues to hurt, maybe your neck still cramps every day in that certain position. So, we decide to see a doctor.
Should I still report an injury even if I’m not yet experiencing symptoms?
The answer is most certainly, yes. In the case of some injuries, you may have almost no symptoms. However, you may still, in fact, be injured. In many cases, symptoms can take a while to develop. For things like back and joint issues, an initial injury may bring about very few if any symptoms. But over time, that injury can cause pain, discomfort, and many other issues. Let’s look back at that head injury we discussed up top; after experiencing a minor blow to the head or neck, you may not feel too many symptoms. However, by the end of the day you may be coping with a splitting headache.
Following Procedure Even When You Aren’t Hurting
Since symptoms can develop later and become much more severe, it’s always best to follow procedure after an accident. Reporting that initial accident is the smart move to make, even if the injury does not progress. Ultimately, making that report acts as your insurance policy for if, or when, your injury progresses. Plus, it gives you the chance to be proactive in seeing a doctor.
If you, or someone you know, has faced a work injury— you must report it. By doing so, you ensure your own well-being, and make sure you aren’t covering costs for something that happened as a result of your job. So, as always, work safe. But, if you face an injury, cover your bases.
May 25, 2018 | Workers' Compensation
There comes a turning point in every worker’s compensation case; whether it be returning to work, stopping benefits, or having reached maximum medical improvement. The latter, referring to a point in which your injury has gotten as good as it’s gonna get. But, what exactly is maximum medical improvement? When do I know I’ve reached it? And where do we go from here, being that you still need medical assistance?
Maximum Medical Improvement: What does it mean? And what’s the next step?
Maximum medical improvement (or, MMI) signifies the point act which you’ve reached your maximum potential for recovery. You might not be back to your 100%, and you still might need assistance— maybe even indefinitely. But, it’s as good as it’s going to get for you.
How do I know I’ve reached this point?
That decision is going to come from your doctor. They will be there with you every step of your recovery journey. Therefore, these doctors will be the one to make the determination of MMI.
What happens next?
From the point that you are notified of your MMI, there will be a few different options. These options will also be assigned by your doctor:
Permanent Partial Disability (or, PPD): a PPD means that your body is permanently disabled in some way. From there, you may accept a payment from the company indefinitely as a settlement for you injury. Or, you may go to court to further that settlement.
Permanent Work Restriction: this type of restriction basically limit the amount and type of work you are able to perform. From here, you’ll decide whether your current employment is a good fit, or if you should consider other opportunities. When going through the process, your employer can give you certain responsibilities that meet your restricted needs— taking the place of your real job. However, once you’ve reached MMI, it must be a real job and not just shifted responsibilities.
You still likely can obtain benefits…
This injury is a result of the job; those responsibilities of yours are party to your current condition. So, it’s only right that the company pay you for damages. Your ability to work, function normally, and make a suitable wage— might be different now. Therefore, it’s important that you seek out an attorney. At the point of reaching MMI, you now know that your life will forever be a little bit different. So, it’s time to consider your options. You may require special services, physical therapy, or emotional support for your current condition. Understand that you don’t have to go at this, or pay for this, on your own.
May 10, 2018 | Workers' Compensation
Worker’s compensation claims should be cut and dry. A worker receives injury, sees a doctor, rehabilitates, and comes back to work. However, all worker’s compensation claims might not go that way. Actually, there is the potential for other factors, such as employer’s tort, which can make the case more complex. An employer’s tort can be any number of things, and tort does not have to occur just as a result of your employer. Instead, it can be a number of instances, people, or occurrences which lead to emotional or physical trauma. But what exactly is ‘tort’? And how could it affect my case?
Employer’s Tort After Work Injury: What Are They and When Do They Occur?
First off, what is employer’s tort?
The term ‘tort’ refers to a civil wrong that causes someone to become hurt or injured. In these cases, the person who commits the wrongdoing acts as the ‘tortfeasor’. When it comes to worker’s comp, this is most often the employer. Furthermore, this harm does not have to be physical, it can be emotional as well. Following, you will find some examples where an employer’s tort will become an appropriate movement:
Instances of Tort:
Battery/Assault. Battery and assault can both be extreme cases of employer’s tort. For instance, battery refers to injuring someone by hitting them with something. Like battery, assault just refers to attempt at battery or a threat.
Fraud. In the case of fraud, someone lies to you and that eventually leads to your injury. For example, an employer or boss may tell you they tested a new piece of equipment to ensure it is safe. However, they never tested that equipment and it causes your accident.
Intentional infliction of emotional distress. Another type of employer’s torts can come when an employer inflicts emotional distress. An example of this would be having poor workplace conduct, or being emotionally abusive, as an employer or boss, which leads to emotional trauma to an employee.
Defamation. One last form of employer torts can come in the form of defamation. This means an employer or boss says something false about you. Then by telling this lie, they bring about harm to you or your character.
Employer’s Torts and Worker’s Comp: Can You Sue?
In the event of tort, you might want to take your case one step further and pursue a lawsuit. While an everyday worker’s comp claim could potentially be the answer to your problems, financially. A lawsuit might be the right choice for you, considering the circumstances surrounding your case. However, you’ll never know until you speak with an attorney and decide a proper next move. We offer our condolences for your difficult time, and will happily render our services if need be.
May 3, 2018 | Workers' Compensation
Scaffold injuries are some of the most common complains when it comes to worker’s comp claims. Due to the nature of the job, these types of accidents have the potential to take place quite often. In fact, OSHA created rules and guidelines to help prevent these specific injuries. But, no matter the guidelines, these accidents still occur. So, here are a few reasons why. That way, you might be able to keep them from occurring on your work site.
Scaffold Injuries for Worker’s Comp: Acknowledging and Preventing Accidents
Design and Construction. One of the key elements leading to scaffold safety is the design and construction of the layout itself. Since scaffolds are temporary structures, they are not always structurally sound. For this reason, OSHA requires scaffolds to meet specific guidelines. These guidelines cover a number of things such as type of equipment and building methods used for the scaffold. In addition, each piece of the scaffold must be able to support more than four times it’s own weight. Furthermore, any suspension ropes must be able to hold up to six times their intended weight.
Performing inspections. Before using the scaffold, employers should require someone to inspect the scaffold. First, this person should be competent and fit for the job of inspection. Secondly, this inspection should take place before each new shift. And then, again after someone moves the scaffold to take it down or put it back up. This person should also check over any equipment used while on the scaffold. For example, body belts or harnesses and drop lines.
Most Common Injuries
Even when following all the right steps, scaffold injuries can still take place. In fact, some common injuries are both bone fractures and amputations. Others can include damage to the spinal cord, or internal organs. And some of the most worrisome accidents can cause severe brain trauma. Any of these injuries can have long lasting and life altering affects.
So, as a business owner, you have to put the necessary precautions in place. And as a worker, you have to follow those safety precautions. At the end of the day, every person must do their part to ensure no unnecessary injuries take place.
