Wisconsin Workers Compensation Attorney Blog

Workplace injuries: There is room for safety improvement

2012-05-15T19:58:15Z

Did you know that every day in the United States, 13 people are killed on the job? Furthermore, the Bureau of Labor Statistics notes that about 137 die from occupational diseases and somewhere around 10,000 suffer from workplace injuries or illnesses. This information may come as a shock to many Wisconsin residents.

A 2010 study by BLS notes that a total of 4,690 Americans died due to serious injuries at work in 2010. In 2009, only 4,551 deaths were reported. Also, while there were 3.5 fatal injuries per 100,000 workers in 2009, 2010 brought in a rate of 3.6 per 100,000 employees.

]]> Sources indicate that workers in forestry, agriculture, fishing and hunting have the highest fatality rate, at 27.9 per 100,000 workers. In addition, the mining, transportation and warehousing industries also have high death rates.

Studies have also found differences among racial lines. For example, Latino workers have a fatality rate that is 8 percent higher than the national average. Also, a whopping 62 percent of fatal injuries to Latino workers are among those individuals born outside of the country.

Since the passage of the Occupational Safety and Health Act of 1970, the fatality rate has gone down in the United States. Nevertheless, we are not doing that well in comparison to other industrialized nations. The United States has a worse fatality rate than Australia, France, Canada, Germany and a couple of other countries.

Sources explain that our country utilizes fewer safety resources. For example, there are only 2,178 safety inspectors in the U.S. from the Occupational Safety and Health Administration. These investigators are supposed to inspect around eight million workplaces in the nation. Unfortunately, this is pretty much impossible.

With this information, one can imagine the amount of safety deficiencies present in working environments. Despite these limited resources, it is nevertheless important that employers stay on top of workplace safety. After all, employees' lives depend on it.

Source: Allgov.com, "13 workers a day die on the job ... not including work-related diseases," Matt Bewig, May 8, 2012

Wisconsin vineyard cited by OSHA for repeat safety violations

2012-05-08T19:28:17Z

When one thinks of safety precautions in the working environment, he or she often thinks of the construction industry and other dangerous professions. However, every industry--including the winemaking business--must provide a safe working environment for employees. If safety is not kept in check, this could lead to disastrous workplace injuries. Unfortunately, many employers fail to take safety seriously.

For example, in recent news, the Occupational Safety and Health Administration has cited Spurgeon Vineyards and Winery from Highland, Wisconsin, with 12 safety violations for failing to provide fall protection and a hazard communication program. The citations are the result of a follow-up investigation conducted in January. Nine of these citations are repeat violations. Sources say that the penalties could total $71,280.

]]> Some of the repeat problems involve failing to protect workers from fall hazards, failing to train workers on a lockout program and the lack of proper guarding and interlocks on a wine bottling machine.

Additionally, the company has been cited with repeat health violations for failing to put into place a personal protective equipment hazard evaluation, failure to provide a hazard program and failure to provide safety data sheets for chemicals. Similar citations were additionally cited in July 2011.

OSHA's area director in Madison has made a statement about the winery: "Repeat violations portray a disregard for workers' safety and health. OSHA is committed to protecting workers on the job."

These are just some of the safety problems that the vineyard has encountered. Hopefully, with these new citations, the winery will start to take workers' safety seriously. If they do not, an employee is bound to get injured on the job. In this case, the employer will have to supply workers' compensation benefits.

Source: Occupational Health & Safety, "OSHA stomps on Wisconsin winery for HazCom deficiencies," April 25, 2012

Construction accident: bucket strikes worker

2012-05-04T21:47:30Z

As Wisconsin residents know, construction accidents unfortunately occur all too often. After all, when one works in construction, one often deals with hazardous machinery in tough environmental conditions. This can lead to many workplace injuries. Still, this does not negate the tragedy of any fatal construction accident, including the one in which a 32-year-old man was killed by a forklift.

The tragedy occurred during the morning of April 19, as the construction crew was lining a waste-water pond. When a forklift came forward carrying large liner rolls for the pool, the forklift bucket struck the victim in the head. Unfortunately, he died at the construction site.

]]> Ultimately, a coroner confirmed the death. Both the county sheriff and the safety agencies are investigating to see whether any unsafe work conditions may have contributed to this tragedy. No other injuries from the construction site were reported as a result of this incident.

The surviving family and loved ones who lost this individual are probably struggling to deal with this misfortune. When unexpected accidents occur, people tend to have many questions. How did this happen? Why did it happen? What will we do now? While what happened will always be a horrific memory, they can find solace in the assurance that workers' compensation survivor's benefits may cover finances for their family as they continue to grieve. As the investigation continues, hopefully, this is the last construction accident of its kind for this worksite. Also, if there are any safety issues they should be promptly addressed.

Source: Victorville Daily Press, "Man killed at work site near Victorville ," April 20, 2012

OSHA takes an average of 8 years to adopt new safety regulations

2012-04-25T21:43:06Z

Did you know that it takes the Occupational Safety and Health Administration an average of eight years to adopt new safety regulations? For example, many Wisconsin residents do not realize that it took nearly a decade for OSHA to issue safety rules on construction cranes. During this time, several cranes crashed and many people suffered from serious workplace injuries. Safety experts say that this is too long.

Critics say that the delays are a consequence of the agency becoming overly cautious in setting new rules on dangerous chemicals and other job-related hazards. There are a lot of procedural hurdles in implementing the safety rules.

]]> Specifically, the approval process for the agency takes about 50 percent longer than the Environmental Protection Agency's approval method. Also, the process takes twice the time of the Transportation Department's procedure.

Fortunately, people are acknowledging the shortcomings. The former director of a state's OSHA program made a statement: "We have created barriers based on false alarms, and the need now is to lower them so that worker protection can proceed again without delay."

Twenty-five percent of OSHA's safety rules approved since 1981 have taken more than a decade for completion. In fact, some have been delayed almost two decades. For example, OSHA has studied the dangers of silica dust in the workplace since 1974; however, the agency has not proposed any regulations. Silica is linked to severe lung diseases.

As a result, some critics say that OSHA should prioritize health concerns. Instead of having a plethora of open approval projects, the agency should handle the most serious threats first and then move to the next concern. This is just one suggestion. Nevertheless, with so many hazards floating around the workplace, the agency needs to figure out a way to expedite this safety regulation process before more people are hurt.

Source: Insurance Journal, "OSHA Hit for taking too long to adopt workplace safety rules," Sam Hananel

Construction worker injures leg and back on the job

2012-04-20T20:56:21Z

While many may argue that job site accidents are not as common as car accidents, they are still known to occur frequently, especially in large metropolitan areas. As Wisconsin residents know, construction accidents often happen due to faulty equipment or a worker simply not paying close enough attention to what he is doing. One of these reasons may be the cause of a construction accident that recently occurred.

On the afternoon of April 16, a construction worker on the East Coast was injured. The worker is said to have sustained leg and back injuries due to the incident. The injured worker was taken to a local hospital for examination and any necessary treatment. As of now, the cause of the accident is unclear and an investigation is ongoing.

]]> This is just one of the many recent construction accidents that have headlined the news. Earlier this month, another man was killed by a crane in a subway line construction site.

This man may have the right to file a workers' compensation claim due to his injuries sustained while on the job site. A successful claim may help him ensure that bills are paid and groceries are on the table while he recovers from his harm. While the individual would not be able to sue his own employer if he opts for workers' compensation benefits, he could pursue a personal injury action against any third party whose negligence was said to have caused or contributed to the workplace accident.

Source: NBC New York, "Worker Injured in Manhattan Construction Accident," April 16, 2012

Employees burned at a pasta plant

2012-04-13T20:33:59Z

As Wisconsin residents know, workplace safety is of top importance. For this reason, it is disheartening when employers do not take the extra steps to secure the safety of workers. In recent news, the Occupational Health and Safety agency has cited Gilster-Mary Lee Corp. for various safety violations after two maintenance employees conducting welding operations received burns to their upper bodies.

According to sources, an explosion occurred within a dust collector at the company's pasta manufacturing plant. Due to the workplace injury, penalties may reach $231,000.

]]> When the accident occurred, the two maintenance workers were repairing a hole in the side of a metal trough, which contained a screw conveyor that was leaking sugar. This was within several feet of the dust collector. Experts claim that the dust collector blew up because of a spark from the welding work.

The company was cited with six violations. Three of them were willful. Some of the problems include the fact that company failed to eliminate dust in the working environment. It also did not avoid explosion hazards on indoor dust collectors and air material separators. These are just some of the violations.

When individuals attend work, they expect that their employers will provide them with a safe working environment. However, sometimes, employers are negligent. In this case, it is possible that the company willfully neglected to create a secure workplace. This is because prior to this inspection, the business had received prior citations involving combustible dust.

If it turns out that the company is liable for these safety citations, then the injured workers will have a potential workers' compensation suit against their employer. This type of recovery includes expenses for the cost of transportation to and from the hospital or treatment. Essentially, as workers try to recover so that they can return to work in a timely manner, workers' compensation gives them the financial support that they need. For this reason, if you have suffered from a recent work-related injury, you may want to speak to an attorney about your various avenues of recovery.

Source: Occupational Health & Safety, "Combustible dust explosion at pasta plant leads to $231K penalty," April 11, 2012

Construction accident kills 1 and injures 4 others

2012-04-05T18:01:31Z

He understood that there were dangers associated with his job, but he never thought that he would lose his life. Tragically, he did. In national news, a 30-year-old construction worker died when a 170-foot crane at a construction site collapsed. Four other people were injured in the catastrophe.

This particular workplace accident was not in Wisconsin. It occurred in a big city outside of the state. The misfortune began when the upper section of the crane, which was owned and operated by Yonkers Contracting Company, broke off. According to local officials, an 80-foot section and a 40-foot section from the crane fell. Investigating authorities speculate that something in the back of the crane had snapped, causing it to become unbalanced. One source says that they are examining possible failures in the rear of the crane.

]]> According to one construction worker, the crane came down "like a dinosaur."

Authorities do not know where the victims were located during the collapse. However, they do know that two employees, including the fatal victim, were trapped by the crane. Officials indicate that some individuals had to be rescued from 60 feet below ground. As a result, the Fire Department and police used ropes to lift them.

Many Wisconsin construction workers are under the false impression that they could never be injured. Sure, many people are lucky and never experience serious harm at work. However, employees cannot always guarantee that their employers have provided a safe and secure environment. In other working industries, the occasional safety violation may not be so significant. However, in the construction business, any shortchanges in safety can result in a serious disaster.

Source: The New York Times, "One killed and 4 hurt in crane collapse on west side," Channing Joseph, April 3, 2012

Wisconsin company confronts successive OSHA investigations

2012-03-29T21:22:28Z

Many employers make solid efforts to provide a safe working environment for their workers. Doing so, an employer ensures the safety and security of employees and prevents a tragic workplace accident from occurring. However, in a recent case, a Wisconsin contract company has become very careless. In the past few years, the employer was cited several times for safety violations. Unfortunately, the company currently faces even more penalties for hazardous working conditions.

In recent news, the Occupational Safety and Health Administration has cited a contracting firm, which is based in Neenah, Wisconsin, for six alleged safety violations. The citations are for the company's failure to protect workers from falls.

]]> According to reports, the federal safety agency has proposed fines of nearly $122,000 against GTO Contractors. OSHA claims that its investigations found hazardous conditions, which exposed employees to fall dangers at roofing locations.

OSHA notes that the contracting company did not take the appropriate safety precautions for workers on a steep roof. Furthermore, the company did not provide adequate training for these employees.

Facing these allegations, the company will have 15 business days to pay the fines, contest the citations or request a conference with OSHA.

This is not the first time that GTO Contractors has been citied. OSHA indicates that the company has been reprimanded five times since 2007 for very similar reasons.

When no one has been injured, some employers become lazy and overlook important safety matters. However, this relaxed attitude sets up employees for dangerous workplace injuries. Hopefully, with these new violations pending, the contract company will get their safety in check. It's not worth the risk of employees' lives.

Source: The Northwestern, "OSHA fines Neenah contractor $122,000," March 27, 2012

Verizon appeals safety citations after a technician's death

2012-03-20T21:07:47Z

As many Wisconsin residents know, the Occupational Safety and Health Administration helps regulate working conditions for employees by mandating particular safety standards in the workplace. Usually, employers follow the safety requirements, which are enforced by this organization. This provides a secure working environment for employees. On the other hand, sometimes, employers become lazy and fail to adhere to OSHA's standards. When this happens, employers compromise the safety of employees and expose workers to dangerous and risky conditions.

In recent news, Verizon was fined more than $140,000 by OSHA for safety violations after a technician was electrocuted to death in a workplace accident. According to reports, the technician was working on overhead cables from inside a bucket truck when he was electrocuted. Sources report that witnesses watched in terror as the man's body caught fire.

]]> OSHA found that Verizon continually failed to implement requisite safety rules to protect its workers. Moreover, Verizon failed to provide technicians with life-saving equipment and did not ensure that helmets and gloves were used during dangerous work operations. Ultimately, the company did not provide adequate training to technicians who worked near high voltage lines. In total, the company was issued 10 citations.

Unfortunately, many of the violations are repeat offenses for the company. However, Verizon has 15 days to pay the fines and remedy the violations. It can also appeal OSHA's citations.

At this time, the company intends to appeal the violations. A spokesman for Verizon denied any safety issues in a statement: "Verizon does not believe that the incident resulted from any failure of Verizon to follow any requirements of the Occupational Safety and Health Act or any other safety requirement."

Despite Verizon's position, safety organizations feel that the company is tragically willing to compromise the safety of its workers for profits.

Source: New York Times, "Verizon fined $140,000 after electrocution death," Hannah Miet, March 19, 2012

Program in Wisconsin this month about workplace safety

2012-03-14T20:26:08Z

In recent news, a police officer from Fond du Lac, Wisconsin, will speak about being injured on the job at the ninth annual Safety Day this month, which is sponsored by the Fond du Lac Area Safety Council. The Safety Council is a part of the Fond du Lac Area Association of Commerce. It promotes safety in industries and the workplace through educational forums. In order to understand the consequences and obstacles involved in a particular experience, sometimes, it's a good idea to hear from people who have personally gone through the situation.

The officer and his K-9 partner were critically injured in a shooting, which killed another local officer. On Safety Day, the injured worker will share his entire story.

]]> The event will touch base with many safety issues. For example, there will be a representative from OSHA to comment on safety. Furthermore, the program will include a seminar entitled "Effectively Maintaining Your Workers' Compensation Costs." It will also include a rehabilitative lecture called "Back to Work After an Injury: What Are Your Employees Allowed to Do?"

Safety programs are a good way to learn about workplace risks. They are also helpful in the event that you find yourself dealing with a workplace accident. After an injury, it can be difficult to get back on track. Nevertheless, as an employee rehabilitates from a workplace accident, workers' compensation provides financial security for medical bills and daily finances. Furthermore, programs like Safety Day help us stay informed and aware about the potential for workplace mishaps.

Source: Fond du Lac Reporter, "Fond du Lac Police Officer Ryan Williams to talk about officer shooting," Mar. 11, 2012

OSHA implements safety program for Wisconsin dairy farms

2012-03-09T20:26:59Z

When you are at work, you want to have peace of mind knowing that you are employed in a safe place. An employer should ensure that all employees are safeguarded from a dangerous working environment. However, sometimes a workplace is missing the requisite safety defenses. In recent news, the Occupational Safety and Health Administration has implemented a program to protect employees from the dangers of Wisconsin dairy farms. Hopefully, the program will encourage safety awareness for dairy farm employers around the state.

Wisconsin Dairy Farm Census of Agriculture data shows that there are approximately 34,000 employees that work on the state's dairy farms. Furthermore, Wisconsin has somewhere around 12,000 licensed dairy producers. Since 2006, OSHA has conducted five fatality investigations at dairy farms in the state. The hazards cited have related to animal handling, tractor rollover protection and manure pits. The result of the inspections has spurred the new program.

]]> Under the plan, OSHA will perform extensive safety inspections at various dairy farm locations. The inspections will involve surveying workers about frequent hazards related to horizontal bunker silos, skid-steer and tractor operations and control of hazardous energy.

OSHA's area director explains, "This program will enable OSHA inspectors to visit dairy farms and ensure that all required measures are taken to protect workers."

No one wants to get injured on the job. For this reason, it is important that employers continually review working sites for potential dangers. In taking essential safety precautions, employers can create a more cohesive and reliable workplace for employees.

Source: Occupational Safety & Health Administration, "OSHA launches emphasis program for Wisconsin dairy farms," Mar. 8, 2012

Wisconsin man shocked and burned at manufacturing plant

2012-02-29T22:03:41Z

When an employee sustains an injury at work, it can be frustrating. Depending on the severity of the harm, it can take plenty of time and energy before one can get back on the job. In recent news, a Wisconsin worker was injured in September at a Yaskawa America plant located in Oak Creek. Sources say that the employee suffered second-degree and third-degree burns on his hand after receiving an electrical shock on the job. This injury undoubtedly interfered with the employee's ability to work.

Yaskawa is a manufacturing company that makes parts for heating and cooling systems. The Occupational Safety and Health Administration (OSHA) has recently cited the business for allowing the injured worker to come into contact with dangerously exposed equipment. Furthermore, the company is responsible for failing to provide workers with proper safety gear. OSHA is issuing a $91,000 fine.

]]> Fortunately, sources say that the company is cooperating with OSHA. Nevertheless, the employee will have a potential workers' compensation claim against the manufacturing company. Because he sustained an injury on the job, recovery options are probably available. Workers' compensation benefits can assist the victim as he heals.

The benefits that are available under workers' compensation law are medical coverage and wage replacement. The coverage includes reimbursement for prescriptions and transportation costs to and from medical appointments. In more severe cases, it can include payment for in-home care. Furthermore, the wage replacement benefit is called temporary total disability. This is payable at 66 percent of the injured person's average weekly wage while the person is off work and recovering from the injury. If the injury is serious, permanent disability benefits are available.

Hopefully, the Yaskawa employee will have a smooth recovery. If you have been injured in a workplace accident and have questions about workers' compensation benefits, you may want to speak to an attorney. A lawyer can fill you in about the various recovery options.

Source: Chicago Tribune, "OSHA cites Ill.-based Yaskawa America after worker suffers electrical burns at Wisconsin plant," Feb. 28, 2012

Wisconsin industrial employee crushed by a bulldozer on the job

2012-02-23T22:35:35Z

Have you ever been injured on the job? Work-related injuries can be very difficult to deal with. Fortunately, there are recovery options for those suffering from an injury. Workers' compensation benefits attempt to assist you financially as you heal from an accident. In a recent story, a Wisconsin man may have a potential claim for such benefits. An article reports that a 29 year-old man was airlifted by a helicopter to a Wisconsin medical center after an industrial accident in Cadott.

According to local authorities, the worker was injured after a bulldozer arm he was working on fell on top of him. The arm crushed the man, pinning him against the ground for approximately three minutes. Local emergency services responded to the accident.

]]> While the article did not report on the extent of the man's injuries, the traumatic event undoubtedly harmed the worker. For example, the crushing force of the bulldozer could have caused chest, back or internal organ damage. For this reason, the industrial employee could have a potential workers' compensation claim against his employer.

Workers' compensation benefits are paid to people who have been injured at work. It is important to know that workers are not usually permitted to sue their employers for harm sustained on the job. Workers' compensation benefits are typically the only remedy available to the individual. Therefore, if you have sustained a work injury, it is imperative that you understand what benefits are available. You can always speak to a well-informed attorney about your various recovery options.

Source: The Chippewa Herald, "Man injured when pinned underneath bulldozer arm in Cadott," Feb. 20, 2012

Wisconsin man shocked on the job

2012-02-14T22:16:35Z

Generally, the workplace is a pretty safe environment. Nevertheless, accidents can happen. In a recent story, a Wisconsin industrial worker was injured in a mishap in Portage. According to reports, local authorities responded to an emergency call for an industrial accident at Alter Recycling at 300 East Mullett Street.

Sources say that the injured worker, a 32-year-old man from Wisconsin Dells, was an employee for a company that was subcontracted by Alters. The victim's responsibility was to do roof repairs and maintenance. At the time of the accident, he was in the process of being lifted by a sky walk when he made contact with surrounding electrical wires. As a result, the man was shocked.

]]> Reports explain that the man was transported to a local medical center and subsquently taken to the University of Wisconsin Hospital in Madison for treatment.

Because the man was injured on the job, he could potentially file a workers' compensation claim against his employer for any harm sustained. This type of recovery includes all of an injured employee's reasonable medical expenses. The expenses include the costs of transportation to and from treatment.

Workers' compensation also covers part of an employee's weekly wages. Depending on the injuries, benefits may include recovery for a temporary total disability, temporary partial disability, permanent partial disability or permanent total disability.

These types of benefit recovery options are just some of the potential remedies for an injured employee. Hopefully, the Wisconsin worker in this recent tale will look into his various compensation choices. The workers' compensation system can be somewhat confusing. For this reason, if you have been injured in a work-related accident, you may want to speak to a knowledgeable attorney. He or she can fill you in on the types of recovery possibilities.

Source: Channel 3000, "Worker shocked while doing repairs in Portage," Feb. 2, 2012

Wisconsin worker falls to his death at a construction site

2012-02-07T22:16:05Z

The death of a close family member is a distressing event. In such emotional times, it is difficult function. Nevertheless, while you are mourning your loss, there are a number of issues that you have to consider. If a workplace accident or other type of work-related mishap was the cause of your loved one's death, you may have the right to recover workers' compensation death benefits. In a recent story, family members of a late construction worker are facing difficult times as they deal with the loss of their loved one.

According to reports, a 27-year-old man from Racine, Wisconsin, was killed in a construction accident at the Ozaukee County construction site. Sources say that the man fell from the roof of the worksite and died instantly. The accident is under investigation by local authorities and the United States Occupational Safety and Health Administration (OSHA).

]]> The man has a wife and two children. Under Wisconsin law, spouses and dependent children are entitled to death benefits. In the context of this story, the family of the construction worker may have a claim for such compensation. The maximum death benefit for the workers' family would be four times the average weekly wage of the deceased. This benefit is paid monthly and is subject to a statutory limit. Furthermore, funeral expenses are another potential benefit. The burial expense benefit is currently restricted to $10,000.

As family members cope with the loss of a loved one, they deserve to be financially supported. It is difficult to get your life back together after the passing of a primary earner. If you have recently lost a spouse to a construction or work-related accident, you may want speak to an attorney about your various avenues of recovery.

Source: The Journal Times, "Racine County man killed in construction accident to be buried in Mexico," Kristen Zambo, Jan. 29, 2012