Employers Who Violate Safety Laws Can Face Criminal Penalties
May 5, 2008 14:42

Employers Who Violate Safety Laws Can Face Criminal Penalties

When a worker is killed on the job, the Occupational Safety and Health Administration (or a similar state agency) may conduct an investigation to determine how and why the death occurred.

If it's determined that a worker's death was caused by the employer's willful violation of safety laws, that employer may be prosecuted.

But such cases are rare, according to a New York Times investigation, "When Workers Die." And this can be heartrending and frustrating for families of these workers.

Appeals Court rules wounded police officer entitled to workers' compensation
May 13, 2008 09:45

The Arizona Court of Appeals ruled that an off-duty police officer who was shot in the back is entitled to worker's compensation benefits.

Officer Kelly Lane and some friends were mountain biking when some target shooters began shooting in their direction. The shooters were later charged with aggravated assault.

When Lane acted to shield a fellow cyclist, he was shot, suffering severe internal injuries. His medical bills have totaled $1 million. However, the Industrial Commission of Arizona, which handles state worker's compensation claims in Arizona, denied his claim. That decision was upheld by an administrative judge.

However, the Court of Appeals agreed with Lane's attorney, who argued that Tucson police officers are never completely off-duty and, in an emergency, are expected to act.

Ohio worker wins battle against corporate giant in asbestos case
May 16, 2008 12:42

An Ohio man disabled by years of asbestos exposure has won his workers' compensation battle against DuPont in the state's Supreme Court.

Ferrall Limle worked for DuPont for nearly 27 years. In 2001, he was diagnosed with a variety of illnesses related to the inhalation of asbestos, including pneumoconiosis, pleural disease and asbestosis. Limle first applied for worker's compensation and, three years later, permanent total disability compensation. The Industrial Commission of Ohio reviewed his case and agreed that he was entitled to permanent total disability.

However, DuPont appealed that case, although unsuccessfully. The case then went to the Ohio Supreme Court, where the justices voted 7-0 to uphold the rulings of the lower courts that Limle was entitled to permanent total disability compensation.

New Jersey Workers’ Compensation Needs Overhaul
May 21, 2008 08:43

The New Jersey workers' compensation system goes under the microscope during a special hearing before the Senate Labor Committee. The Committee is convening in response to a series of negative articles in the Star-Ledger regarding the bureaucracy surrounding... (Read Article)

Minnesota Takes on Issue of Workers' Comp Reform
May 22, 2008 16:33

Steve Sviggum, the commissioner of the Minnesota Department of Labor and Industry, is trying to rally support for workers' compensation reforms in his state. In an editorial in the Bemidji Pioneer, Sviggum explains how a series of four workers' compensation advisory work groups are studying the issues to find ways "to improve the workers' compensation system so that we can best serve our state's injured workers and the businesses that pay the premium."

The work groups, which have members from labor, business, insurance, health care providers and the legislative branch, are meeting monthly and seeking advice from other states, including California, that have implemented workers' compensation reform. "I am thrilled at the chance to hear and learn first-hand from these leaders about how they improved their process to streamline the system," Sviggum writes in his newspaper editor. To find out when the groups are meeting, visit the Minnesota Workers' Compensation Advisory Council Web site. Sviggum is also asking for input, via email, on what Minnesota can do to improve the workers' compensation system. One suggestion might be to include injured workers, who are conspicuously absent from the advisory work groups, in the process.

Nebraska Says No to Mental Trauma Benefits for Cops, Paramedics and Firefighters
May 27, 2008 10:34

Nebraska's governor has vetoed a bill that would have provided workers' compensation benefits for emergency services personnel who suffer mental trauma on the job after all.
Gov. Dave Heineman vetoed the bill that would have expanded workers' compensation benefits for police officers, firefighters and other first responders exposed to especially horrific conditions during their work, according to the Omaha World Herald.

Cost was the governor's reason for vetoing Legislative Bill 819. He argued that the legislation would raise workers' comp costs for cities, counties and the state and argued that a debriefing program was already in place to help emergency personnel cope with traumatic situations. The bill's sponsor, State Sen. Abbie Cornett, estimated that claims for mental trauma would amount to only 2 percent of all workers' compensation claims.

Tags: Nebraska workers' compensation; workers compensation cops, workers' compensation benefits