St. Cloud Personal Injury Lawyer - Workers Compensation

New Technology Suggests That Scalding Injuries May Be Preventable

Mike Bryant — Tue, 11 Aug 2009 09:12:00 GMT

From time to time, we work on cases involving burns from hot water. Often they are product liability cases that involve worker compensation elements. Looking at pictures of severe burns and sharing the stories of the pain and suffering involved are quite sad. The amount of rehabilitation is extensive and often far from successful.

Researchers at the University of Minnesota in combination with Hong Kong Polytechnic University may be finding some protection for these workers. Apparently, until now water replant materials only worked with cold water. They have now found that by combining carbon nanotubes with Teflon materials, hot water may also be repelled. The combination even repels scalding water.

According to Philippe Brunet at the Mechanics Laboratory of Lille, France, the Teflon-nanotube coating could be added to textiles to produce scald-proof fabrics and prevent some of the thousands of hot drinks and water burns that occur annually, . More research needs to be done, but these initial finds could be helpful to prevent future injuries.

Originally posted at InjuryBoard by Mike Bryant

Minnesota Workers Companion Claims Continue To Drop

Mike Bryant — Wed, 15 Jul 2009 09:36:00 GMT

Consistent with findings over the last couple of years, workers compensation claims continue to drop. Minnesota's Department of Labor and Industry has released its annual "Annual Minnesota Workers' Compensation System Report," that indicates the number of paid workers' compensation claims fell 36 percent relative to the number of employees from 1997 to 2007. Additionally, the report indicates that disputed claims increased during the period studied.

Among the report's highlights:

The claim rate fell continually from 1997 through 2007.
Workers' compensation system cost has fluctuated mildly relative to payroll since 1997, with a somewhat lower value for 2007 than for 1997.
Adjusted for average wage growth, average medical and indemnity benefits per insured claim rose substantially between 1997 and 2006.
Relative to payroll, medical benefits have risen since 1997 while indemnity benefits have fallen, reflecting the net effect of the falling claim rate and higher benefits per claim.
The increase in indemnity benefits per claim is due primarily to increasing benefit duration and increases in the frequency and amounts of stipulated benefits.
The vocational rehabilitation participation rate increased steadily between 1997 and 2003, but has changed relatively little since 2003.
The dispute rate rose substantially from 1997 to 2007.

So basically claims are down and the insurance companies seem to be fighting even more. We look forward to seeing the premium reports. As an employer, I haven't seen a reduction. Hopefully, the defense costs aren't driving the bus now.

Originally posted at InjuryBoard by Mike Bryant

The McDonald's Case: No Not That One

Mike Bryant — Thu, 02 Jul 2009 09:38:00 GMT

Oh! how McDonald's and tort reformers around the country have trashed the woman who was burned with OSHA-violating coffee in her private parts. The case was settled with with a nondisclosure clause, so you have never heard from the woman. The tort reformers went to work and turned this into the horrible frivolous claim that hurt poor McDonald's.

But, this post really isn't about that case. It's about how McDonald's treated its employee. A man who stopped a customer from being punched at the store and who himself was shot. The justice he received was no coverage. Yep, he was outside the area of his employment. Watch the video and see if you agree:

http://www.youtube.com/v/rwhw-Inji0k&color1=0xb1b1b1&color2=0xcfcfcf&hl=en&feature=player_embedded&fs=1"> name="allowFullScreen" value="true">http://www.youtube.com/v/rwhw-Inji0k&color1=0xb1b1b1&color2=0xcfcfcf&hl=en&feature=player_embedded&fs=1" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="425" height="344">

This is that beacon for corporate injustice. Looks like a frivolous defense to me.

Originally posted at InjuryBoard by Mike Bryant

Does Daylight Savings Time Cause More Work Injuries?

Mike Bryant — Sun, 07 Jun 2009 09:15:00 GMT

Previously, I blogged about the research concerning car collisions and heart attacks with the time change. But, to add to the debate, I ran across some interesting research concerning work injuries. The U.S. Department of Labor and Mine Safety and Health Administration found that the number of workplace accidents spikes after Daylight Savings Time changes every March.

Through two separate studies they found that with 40 minutes less sleep for American workers, there was a 5.7 percent increase in workplace injuries, and nearly 68 percent more work days lost to injuries. Also through the use of data from the Canadian Ministry of Transport, it was also found that when Canada went into daylight savings time, there was an 8 percent increased risk of accidents on the Monday after the changeover In the United States, there was a 17 percent increase.

The question is that if there are this many injuries how many other areas are effected? Barnes and Wagner, the Michigan State doctoral candidates who conducted the study, said a logical extension could be mistakes in the office or workplace, such as transposing figures on a spread-sheet or filling the wrong prescription in a pharmacy.

It might be logical that business may want to consider doing less or maybe lightening the work load this day to protect the workers and save big problems.

Originally posted at InjuryBoard by Mike Bryant

Labor Department Suggests New Rules For Microwave Popcorn Butter Chemical

Mike Bryant — Sat, 23 May 2009 12:36:00 GMT

This past week, Labor Secretary Hilda Solis proposed new rules aimed at limiting exposure to the buttery flavor chemical in microwave popcorn.The chemical that creates the buttery aroma has been linked to serious health issues for workers who make the snack. "Workers who mix the chemical as a liquid or powder breathe in small amounts of this chemical and it just devastates their lungs," said David Michaels, a former assistant secretary of energy, has been studying the issue for the last four years.

After working for 10 months at a St. Louis, Mo., flavoring company, 53-year-old Jerry Blaylock developed a life-threatening disease commonly called popcorn lung, which is linked to the chemical diacetyl. Now his once healthy lungs can hold just 45 percent of breathing capacity. Flavoring manufacturers have paid more than $100 million as a result of suits brought by workers affected by popcorn lung. In California, a bill is being considered to ban its use in the state

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

The Federal Government and Other States Should Look To Minnesota Concerning Crane Operation

Mike Bryant — Mon, 11 May 2009 12:21:00 GMT

Two years ago, after a series of deaths involving cranes, Minnesota passed a law requiring that anyone operating a construction crane pass a certification test after undergoing classroom and practical training. Minnesota is one of about 13 states that require a license or certification to operate cranes, according to Glen Johnson, business manager of the International Union of Operating Engineers Local 49 chapter in Minneapolis.

Federally, there is no such requirement despite safety records showing that crane-related accidents kill about 90 workers in the United States each year. Johnson, who operated a crane for more than 15 years, says crane deaths are “unacceptable.” One of the problems: “everyone and his brother” is jumping in cranes on job sites, regardless of their qualifications to use the equipment. It’s ironic, he noted, that most states require a license to drive a car, but don’t have a similar requirement to operate a five-ton crane, which has the potential to tip over, strike an overhead power line or cause severe damage to bodies and property.

Few jobs are as dangerous as operating a crane, Johnson, who helped write the Minnesota certification law, told an OSHA panel in Washington, D.C., considering similar federal standards. But with proper national standards in place, he said, operators across the country can “greatly reduce the risk of injury or death.”

We have been involved in a number of these cases over the years. Usually they involved complicated interchanges with workers compensation coverage and also with the need for extensive investigation. The injuries are usually fatal or very severe. Hopefully, other governmental units will look to the helpful protections that Minnesota has.

Originally posted at InjuryBoard by Mike Bryant

Audit Finds That Minnesota Worker Compensation Recipients Were Underpaid

Mike Bryant — Sat, 07 Mar 2009 09:53:00 GMT

A report this week from the Minnesota legislator auditor found that mistakes have lead to three million dollars in underpaid benefits to Minnesota worker compensation recipients. The auditor also found that insurance companies were wrongfully withholding money on clearly legitimate payments. For injured workers, this has to be horrid news on top of the problems they are already dealing with. Even for employers that paid their premiums this news has to be troubling.

As an employer I'm never happy about all of the premiums I pay, but, I realize they are important, I need to protect the firm, myself, and each of my employees. Employers all receive the benefit that the employee can't sue them unless there is gross negligence and the growing case law suggests that may almost be an impossible standard. So these benefits are often the only protection that many of these workers have.

The report also recommended that department officials keep a close watch on cases where a claim was initially denied, but was eventually paid to target any insurer that might improperly deny a claim. Lawmakers are also directed to hire an ombudsman for workers' compensation to help injured workers who need help.

Hopefully, this report will push much needed protection for each work and make sure that the companies that are not paying properly, do so and are penalized for the mistreatment. If you have a worker comp claim, it's important that you talk to a lawyer who works in that area of the law and you are fully informed of all your rights.

Originally posted at InjuryBoard by Mike Bryant