St. Cloud Personal Injury Lawyer - Workplace Injuries

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

Spring Means Farmers Are Out In The Fields: They Need To Be Safe

Mike Bryant — Thu, 04 Jun 2009 09:49:00 GMT

Spring is always a time of a lot of activity out in the areas around St Cloud. There like many rural areas around the country, the farmers are heading into the fields. Research indicates that 700 farmers are killed and another 120,000 are injured each year.

The areas to watch out for are working around the equipment. Proper guards should be in place and all employees should be trained in the equipment's use.

The many dangerous chemicals that are used need to be used properly and handled with care. All directions need to be followed.

All children involved should be watched and properly trained. Yearly, 200 children are killed in farm incidents. These happen sometimes while they work, but also when they are just watching from the side.

The University of Minnesota Extension Services has a great website that should be reviewed.

There is also the National Safety Council, which provided the helpful tips of:

Develop a safety and health plan tailored to your operations, family and employees. Such plans include a hazardous communications program for family and employees, a lock-out tagout program for equipment, a fire protection plan, chemical storage plan, farm safety rules and regulations, an emergency field communications plan, and a plan in the event a serious farm injury or death occurs. All plans should be committed to writing and reviewed annually.
Train your help, inform them of your written plans and rules, enforce farm safety rules and see that personal protective equipment is cared for and worn.
Carry out regular safety inspections of equipment and facilities. Make necessary repairs and keep guards and shielding on.
Buy quality products, then use them and care for them as directed in product manuals, labels or as instructed by product suppliers.
Keep children off and away from machinery. Give youngsters chores they can safely handle based on their age and ability.
Take care of your health and respect the limitations of mind and body. Take action to reduce stress. Resolve to get enough rest and take work breaks to help reduce fatigue.
Keep informed about safety, health and environmental issues. Attend local events about them.

It's a great time of year as they get a start on the many products we will be eating and enjoying in the coming months. Hopefully, it will be a safe one.

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

169 To See Road Changes In St Peter

Mike Bryant — Sat, 21 Mar 2009 09:57:00 GMT

Starting this spring, there will be a significant construction project going on through St Peter. The project has been in the works for eight years and will run from the start of the construction season through Thanksgiving. The intent of the project is to cut down on the congestion through town and make the road safer for pedestrians.

Being a product of Gustavus Adolphus, I spent four years in St Peter. I still get down there a couple of times a year , either on cases or returning to events at the school. While i don't remember any significant traffic issues in town, it is clear that the installation of raised medians, pedestrian bump-outs, landscaping, and utility replacement should make walking safer in town. As one of the traditional towns that the highway made it's way directly through, these changes will be welcomed.

As with any construction project, this one will involve MnDOT workers being out in the roads. During this time, driving will require patience and slow downs.

Also keep in mind that work zones come with double fines.

Other safety tips include:

Stay alert, expect the unexpected.
Allow ample space between you and the car in front of you.
Anticipate lane shifts - merge when directed to do so.
Don't change lanes unnecessarily.
Don't speed in work zones; obey the posted speed limits.
Avoid using mobile phones while driving in work zones.
Be especially alert at night while driving in work zones.
Be patient!

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

Bush Watch: Employee Protections Under Attack

Mike Bryant — Tue, 02 Dec 2008 12:20:00 GMT

There has been a clear warning from consumer protection groups that the next 55 days could be an all out assault on consumer protections. Despite promises that little would be done to change things on the way out, it seems clear that allegiance to big business and the protection of their friends is going to prove what the Bush administration has always been about. At a time when business after business is turning to the government for a bailout, this lame duck administration is looking to bar the court house door for the average consumer.

There are 21 areas that are being closely watched for administrative changes. One of those areas is attempts by the Department of Labor to change the standards for employees affected by chemical or toxic exposure. The present system can take as long as eight years to navigate for the injured worker. It is believed by employee advocates that the proposed changes could add two or three years to the process.

“This rule is being pushed through by an administration that, for the last seven and a half years, has failed to set any new OSHA health rules to protect workers, except for one issued pursuant to a court order,” said Margaret M. Seminario, director of occupational safety and health for the A.F.L.-C.I.O.

This action and any other must be opposed and called what it is. A bail out for their friends and an attack on the rights of every American.

Originally posted at InjuryBoard by Mike Bryant