Articles Posted in Workers’ Compensation

The law firm of O’Connor Law was started by an attorney with a mission: to help injured workers obtain workers’ compensation benefits and to defend injured workers against insurance companies that would attempt to terminate, suspend, or modify their lost wage benefits. This mission came about through Attorney O’Connor’s first-hand experience, as he grew up watching the struggles of his working class father and learned the story of his great grandfather, who was killed in a mining accident.

So we were surprised to hear about the proposed legislation being introduced as House Bill 1636, that would require injured workers to seek treatment through their employer’s network of doctors for the entire length of treatment. Currently, an injured employee must seek treatment through their employer’s network of doctors only for the first 90 days. Then the employee can switch to their own choice of doctor for the remainder of their claim, allowing workers a choice in who they feel should treat their injury.

Supporters of this bill say the advantages are to control medical costs, lower costs for individual claims, and lower costs associated with the state’s workers’ compensation system. Opponents of the bill say this will be a major change to Pennsylvania’s Workers’ Compensation law and would not be to the advantage of the injured worker.

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An Allentown man, fed up with the daily 10-20 minute security checks that he and fellow employees must go through before work, after work, and during lunch breaks, has filed a class-action law suit against his employer and retail giant, Amazon. According to an article on the WashingtonTimes.com, he is alleging violations of the Pennsylvania Minimum Wage Act.

NBC reports that the man works in Amazon’s Breinigsville warehouse along with almost 100 other workers. They are forced to go through security searches without pay. The checks take place when the employees are officially off the clock.

The searches involve the employees walking through a metal detector as well as wand screening. The security checks take place at the beginning of a shift, on the return from lunch breaks, and at the end of shifts. The searches can take between 10 and 20 minutes. The employees feel that such lengthy checks should be performed on paid company time.

A fire tore through a container company in Berwick last night, but no one was injured.

According to WNEP.com, the fire started after a mechanic had worked on a machine at Consolidated Container Company. The company makes containers for products such as milk and detergents. Everyone in the building was evacuated safely. But workers said they heard an explosion inside before they saw the flames.

The cause of the fire is still unknown.

Earlier this week, the Pennsylvania Department of Labor & Industry launched a new Workers’ Compensation Automation and Integration System (WCAIS). The goal of the new system is to increase efficiencies for insurers, employers, and claimants.

According to a press release, the Department of Labor & Industry Secretary Julia Hearthway said, “The new WCAIS system, the first of its kind in the nation, will help Labor & Industry serve the citizens of Pennsylvania more expediently. WCAIS will simplify and automate the workers’ compensation system, enhancing customer service and

streamlining claims handling and resolution.”

It seems like common sense, but there are still some people that don’t realize the power that posting photos to Facebook has to affect their lives…and in some cases, their pocketbooks.

Take the case of an Ohio man who was injured on the job and began collecting workers’ comp benefits. After his accident, he relocated to Arizona and continued to collect WC benefits. But when the Ohio Bureau of Workers’ Comp received a tip that the man was doing construction work in Arizona while still receiving WC benefits, they opened an investigation. They checked with Arizona state officials and found that the man was working for a company as a rescue technician. They also found pictures of him wearing repelling gear and doing repelling work.

As a result, the man paid $6,000 at sentencing and was given a 6-month suspended jail sentence, as long as he pays the balance of the restitution and investigative costs by the due date.

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After receiving reports of poor working conditions, the Occupational Safety and Health Administration (OSHA) are investigating the nonprofit organization Avenues, located in Pottsville.

According to an article on the RepublicanHerald.com, a former Avenues employee filed a complaint with OSHA, saying the facilities are “unsanitary, inadequate, and outdated” for clients and workers. Avenues provides employment and other opportunities to people with disabilities. It began in 1952 as United Cerebral Palsy.

In the complaint, the former employee stated that doors to the building are not accessible to those in wheelchairs; there is no security system or security personnel; there is no designated separate waste receptacles to dispose of soiled latex gloves, disposable briefs, diapers, and wipes; chemicals and other hazardous materials are left in an unlocked garage workshop; as well as some other problems.

Tsudis Chocolate Co. was fined over $87,000 by the Occupational Safety and Health Administration after an accident at its Pittsburgh manufacturing facility.

According to an article on BizJournals.com, an employee sustained crushing injuries to his right hand and wrist in February after a machine activated while he was setting it up. That accident prompted an inspection by OSHA.

In a statement, OSHA said, “Tsudis Chocolate could have prevented this unfortunate incident by having the proper hazardous energy controls in place.”

A new study from the insurance company Allsup, reports that nursing facilities are the 5th most dangerous workplace in the U.S. The report also says that nursing facilities are the most dangerous places to work in Maine.

According to an article on McKnights.com, the study analyzed serious workplace injuries that resulted in an employee being prevented from performing the usual functions of a job or from working a full day.

In the study, Maine had the most worker injuries in private and state-run nursing facilities. There was an average of five injuries per 100 workers. The study also reported that Iowa had the most injuries for facilities run by the state and Indiana had the most injuries occurring in private nursing homes.

Nursing home workers face the most risk when moving residents. In fact, the American Nurses Association is encouraging a reduction in manual handling of residents to help reduce worker injuries.

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At the height of the summer cookout season, a tragedy unfolded this week in central Florida, where propane tank cylinders exploded at a Blue Rhino refilling plant.

According to an article on CNN.com, eight plant workers were injured in the blasts that took place Monday night. An evacuation order for homes within a half-mile of the facility had been issued by the Florida Division of Emergency Management. The fire was put out three hours after the explosions began. The evacuation has since been lifted.

First reports said there were 15 workers missing, but later all workers were found safe. No residents were hurt.

Employees at the plant refurbish propane cylinders and load them on palates and vehicles. They refill propane tanks that are used in gas grills. The company has a tank exchange service that lets customers trade an empty propane tank for a full one at retail locations.

Authorities are investigating the cause of the explosions. But the article reported that a fire official said equipment failure and human error are likely to blame.

In 2011, the Occupational Safety and Health Administration fined Blue Rhine for a “serious” safety violation involving tools and equipment.

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According to an article on NCBI.gov, back pain and chronic back pain, as well as the cost associated with each has increased drastically over the past few years. The reason, according to the study, is because of the aging baby boomers, who are now in the stage of life where deteriorating joints can cause pain such as this.

Unfortunately this is putting more of a strain on the resources of the healthcare system. In a study running from the year 2000 they measured a 29% increase in back pain, as well as a 64% increase in chronic back pain, along with an increase of 129% in the amount of money spent on treating these patients! That’s $37.5 billion dollars in one year.

Since around 80% of Americans will experience back pain at some time in their life, here are some ways to make it a little less painful if you are suffering from short term back pain: