Repetitive motion injuries among beef and pork processing workers is nearly seven times that of other industries according to the Occupation Safety and Health Administration (OSHA).
The frenetic pace of work in many meat processing plants can easily cause a set of chronic ailments called musculoskeletal disorders, or MSDs, an array of injuries to workers’ muscles, tendons, ligaments and nerves, that cause sprains, strains, or inflammation. Des Moines Carpal Tunnel Syndrome Lawyer Chief among the injuries are abnormal nerve conditions that develop in the hands, but many workers commonly struggle with chronic arm, shoulder and back ailments. Musculoskeletal disorders can lead to a lifetime of pain and physical problems, which can sometimes lead to an inability to work. Iowa Repetitive Strain Work Injury Many workdays in various U.S. industries, such as meat packing and processing, manufacturing, and construction, are lost because of musculoskeletal disorders. Overexertion, a type of MSD, is the leading cause of work injuries. Common workplace risk factors affect various areas of the body:
Des Moines Injury Lawyer If you are suffering from a musculoskeletal disorder caused by a workplace activities, you may be eligible for Workers’ Compensation benefits. It is important to contact an experienced workers’ compensation attorney with thorough knowledge of MSDs or repetitive strain injuries to ensure that you receive the benefits you need. Contact the Law Offices of John T. Hemminger for help with your workers’ compensation claim today 515-283-2116.
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Many believe that the opioid crisis in the U.S. made its debut when millions of patients were prescribed opioids by their doctors and became addicted. Drastic increases in the number of prescriptions written and dispensed, greater social acceptability for using medications for different purposes, and aggressive marketing by pharmaceutical companies all led to a perfect storm of addiction for many.
Workers’ Comp Programs Scrutinize Prescription Drug Addiction Workplace injury is one of the main reasons physicians prescribe opioids and, not surprisingly, workers’ compensation payers spent over a billion dollars for opioids just in 2015, 13% of their total U.S. spending. Research shows that approximately 65% to 85% of injured workers receive narcotic painkillers under workers comp and many can face negative consequences because of their use. Now, in a turnaround, the industry is trying to solve the problem it helped to create. Programs to steer those at increased risk for opioid addiction to less powerful drugs and into therapy are underway. Opioid education packets are being sent to both patients and doctors in hopes of discouraging misuse. The tracking of refills has become a priority to identify those at risk of addiction. So far, the results of many of the measures to reduce prescription opioid use and prevent addiction are promising. In a test of one program, opioid prescriptions fell by 14% and in another, a company was able to reduce individual claim costs by as much as 50% using a prevention algorithm. While prevention measures chug along, many injured workers continue to be prescribed prescription pain medications and many have the risk factors for addiction and opioid-related overdose. As a preventative measure, injured Iowans should work with their doctors to find the best treatments for their injuries that may include alternatives to opioid medication. Wall Street Journal “Targeting Opioid Use When Workers Get Hurt” By RACHEL EMM A SILVERMAN, November 15, 2016. According to a recent Department of Labor report, injured workers in the United States run the risk of falling into poverty because state workers’ compensation systems are not providing adequate benefits.
Since 2003, more than 30 states have changed their workers’ compensation programs to the detriment of workers who are injured on the job. Not only are some workers being denied doctor recommended treatments under workers’ comp, many are facing difficult financial problems because the benefits are increasingly not bridging the gap while employees are either unable to work or working less hours after an injury. The Department of Labor’s findings reveal that states have indeed decreased benefits by creating obstacles to medical care and raising the burden of proof to qualify for benefits. In turn, they have shifted the burden of caring for injured workers away from businesses to public programs such as social security disability at taxpayers’ expense. Plans are steadily straying from how worker’s compensation was originally conceived. A quid pro quo of sorts that directed employers to pay for injured workers’ medical bills, a portion of their lost wages, and compensation for any permanent disabilities in exchange for employees giving up their right to sue their employers following a workplace injury. Despite the reduction in employee benefits year after year, employers remain protected from legal action – a lopsided interpretation of how the program was intended to protect both parties. While falling short of policy recommendations, the recent Department of Labor report calls for more federal oversight of state workers’ compensation programs to establish minimum standards and penalties if a state fails to meet them. The report goes on to encourage the sharing of injury data between insurers and public health researchers in order to identify problems and improve outcomes for American workers in crisis. If you have been injured on the job, receiving your Iowa workers’ compensation benefits could not be more important so that you can get the medical care you need and the financial support to get through the difficult period following an injury. If you or a family member has been hurt at work, getting the information you need can help you to avoid mistakes in filing you initial workers’ compensation claim, or if you have been denied workers’ compensation, a lawyer can help to to prepare an effective appeal. Contact the Des Moines workers’ compensation law offices of John T. Hemminger for help with your Iowa workers’ compensation or denied workers compensation claim and third party liability claims. John offers an initial free consultation so that you can determine what services will benefit you and your family. Call today at 515-283-2116. Source: Pacific Standard, “Department of Labor: States Are Failing Injured Workers”, by Michael Grabell, October 21, 2016. Unfortunately, workplace injuries are all too common leaving many workers with unforeseen medical bills, lost wages and sometimes permanent disabilities.
Each year thousands of workers are injured – some fatally – while operating a forklift. Being crushed by a forklift tipping over is the leading cause of forklift-related deaths in the U.S. In the event of a tip over, drivers are safer strapped in by a seat belt because of the reduced risk of falling out. Despite the known precautions, some companies do not ensure that their forklift operators are safe. A seafood processing plant in Washington was recently fined $70,000 for serious workplace safety violations, many of which involved not performing regular forklift safety inspections and neglecting to fix reported defects such as broken seat belts. Just this past April in Iowa, a postal facility was cited for two repeated violations linked to forklift operation. Following a complaint that operators were handling unstable loads and driving forward with no clear path of visibility, the Occupational Safety and Health Administration (OSHA) found that employees were dangerously exposed to crushing and struck-by hazards while operating forklifts. The law requires employers with workers who move materials with forklifts to ensure loads are stable, and pathways are clear to prevent injury. Serious physical harm or death can result from a hazardous condition in the workplace. If you or a family member has been injured on the job, contact the workers compensation personal injury lawyer John T. Hemminger for help. While you may have been told that the only compensation you can receive will come from your employer’s workers’ compensation insurance, there may be situations in which you may be able to sue for damages caused by your injuries in cases of negligence or third party liability. Call us today for a free initial consultation regarding your case 515-283-2116. More than 2.8 million workers are employed through the temp industry. Since the 2008 recession, many companies across the nation have turned to temporary employees to work in factories, warehouses and construction sites.
Unfortunately, temps in these industries face a significantly greater risk than permanent employees of getting injured, sometimes severely. This typically boils down to a lack of training in the absence of adequate regulations. The very nature of temp work increases the risk of injury. Temps are often working in a new environment, operating machines or handling tasks they don’t have experience with. If you are a temporary worker and are injured on the job, you are generally eligible to receive workers’ compensation benefits, usually through the temp agency or leasing firm where you are employed. If you have a family member that has been injured on the job or you have been denied workers’ compensation, it is important to contact a workers’ compensation attorney to represent you so that you can get the benefits you need for lost wages and medical care. Contact the Des Moines Law Offices of John T. Hemminger for help today. Jobs in industries such as agriculture, landscaping and construction typically have many workers employed outside through all kinds of weather. Many of those who work outside are at risk of heat related illness.
Unfortunately, the hot weather we have had so far this summer has resulted in a number of workplace fatalities attributed to the heat. Tragically, back in May, a Louisiana worker died from heat stress after picking tomatoes and over May and June, two construction workers perished from heat related illnesses in Florida and South Dakota while on the job. In fact, OSHA, or the Occupational Safety and Health Administration, reports that dozens of workers die yearly due to heat problems. The injuries and fatalities are not limited to those working outdoors. Heat injuries can result from strenuous physical labor not only in hot weather, but during physical contact with hot objects or other radiant heat sources which may include environments such as laundries, bakeries, steel and iron foundries, ceramic and brick-firing plants, commercial kitchens, smelters, mines and glass-making facilities. OSHA requires that employers provide employees a workplace free of safety hazards and this includes protecting workers from extreme heat. When working in outdoor conditions that may cause heat related illnesses, employers must provide workers with reasonable water, rest and shade. To protect new or returning workers who are at risk of heat exposure inside and outside, employers should gradually increase workloads and provide more frequent breaks to build tolerance for heat. Workers and their supervisors should receive training to prevent heat illnesses, recognize the signs of danger and develop a plan for emergencies. Any worker exposed to hot and humid conditions is at risk of heat illness, especially those who are engaged in heavy work tasks and those who must wear bulky protective clothing or equipment. Employers, particularly those in industries at high risk for heat-related illness such as construction, trade, transportation, utilities, agriculture, grounds maintenance, and support activities for oil and gas operations, must act to protect their employees from harm. Heat injuries and deaths are preventable. If you or a family member has been injured due to a heat related illness, contact the Des Moines Law Offices of John T. Hemminger for help. Victims of heat injury on the job due to an employer’s negligence can seek economic compensation by means of a personal injury lawsuit, a workers compensation insurance claim or a wrongful death claim. What is the difference between a workers’ compensation claim and a third party negligence claim?
Workers compensation claims are against your employer and are intended to recover a portion of your wages and provide reimbursement for medical expenses related to your work injury. Workers compensation protects your employer from being sued for other damages in exchange for these benefits. Unfortunately, workers’ comp benefits do not cover all costs associated with an injury or the long term economic impacts, putting injured workers in a vulnerable position. Third party claims are against someone other than your employer which may allow you to recover pain and suffering, lost wages, future wages, and other damages, which are not available through a workers’ compensation claim. Examples include suing a manufacturing company for faulty equipment that led to an injury at a construction work site or liability against a general contractor for maintaining unsafe electricity at a building that resulted in a worker getting hurt. Few attorneys handle both of these types of claims which puts an additional burden on the injured worker and their family to assemble a legal team to get the compensation they need. If you have been injured at work, attorney John T. Hemminger can strategically handle both workers’ compensation cases and third party negligence claims to get the benefits you deserve. Contact our offices for help today. Maintaining awareness to every potential hazard present at many construction work sites is difficult even on those days when you feel focused. These days, more and more employers and their employees rely on cell phones and other electronic devices to get the job done and distractions linked to their use play a role in reducing risk awareness.
Studies show that contractors’ job-related use of smart phones has increased 35% and use of tablets rose nearly 54% from 2011 to 2012. The prevalence of electronic devices as part of work tasks creates the potential for losing situational awareness, which has a potentially negative impact on workers in the construction industry. The Bureau of Labor statistics (BLS) data shows that fatal injury rates among construction workers is almost three times that of all occupations. In 2013, highway, street and bridge workers represented 8% of all construction work fatalities, 65% were involved in traffic incidents and 17% came into contact with objects and equipment. Even higher percentages of workers in all categories suffered non-fatal injuries. Loss of situational awareness undoubtedly contributed to many of these worker accidents and the culprit may be one of many devices used by workers. It is believed that multi tasking, such as talking on the phone while working, impairs performance. On the job use of electronic devices can lead to inattention or “change blindness”, which is an inability to encode visual information received due to a mental work overload. In a construction setting, the added mental workload can mask imminent dangers such as equipment and traffic or lead to unsafe behaviors such as falls or unintentional walking into hazardous areas. Given the prevalence of electronic devices on job sites, employers are well-advised to provide guidance to their workers in order to raise safety awareness when using electronic devices on the job. If you or a family member has been injured in a construction workplace accident, contact the personal injury workers compensation law offices of John T. Hemminger for help. Long term exposure to high levels of noise can cause permanent tinnitus or hearing loss. According to the Occupational Safety and Health Administration, nearly 30 million people are exposed to hazardous noise levels at work every year. Loss of hearing in one ear or in both ears can occur when an employee is continually exposed to loud noise, such as loud machinery and tools. Loss of hearing can also occur when a worker is exposed to a singular event, such as an explosion. If you experience hearing loss while working in a noisy environment, you may be eligible for workers’ compensation.
In the United States, over 11% of the U.S. working population has hearing difficulty and roughly 24% of the hearing loss is caused by occupational exposures. Around 22 million workers are exposed to hazardous noise each year. Employees of mining, construction and manufacturing industries have the highest risk for hearing loss, particularly those engaged in highway, street and bridge construction. Hearing loss is considered a scheduled member disability, meaning that your entitlement is based upon the body part injured. For loss of hearing in one ear, the maximum value is 50 weeks; for both ears 175 weeks. If your hearing loss is something less than a complete loss of hearing, then you are entitled to that percentage times the number of weeks. Hearing loss and tinnitus (chronic ringing in the ears) can affect your job performance and your everyday life. If you believe that your hearing loss was caused by noise exposure at work, filing a Workers’ Compensation claim with your employer to get the benefits you are entitled to is the first step. It is also important to contact a knowledgeable Workers’ Compensation lawyer to make sure you receive all of the benefits you deserve under Iowa law. Contact the Law Offices of John T. Hemminger for help. Meatpacking is considered one of the most hazardous occupations in the nation resulting in worker injuries and fatalities. The frenetic speed of production requires hundreds of workers to keep up with the pace, even if it means sacrificing their safety and well-being. All sorts of accidents involving power tools, saws, knives, conveyor belts, slippery floors, falling carcasses are more likely when the priority is profit over safety.
Among the injuries meat packers suffer are knife or machinery cuts. The razor sharp tools of the trade combined with overcrowded work areas, lack of training or safety protocols can lead to workers being cut by their own knives and by other workers’ knives. It is not uncommon for workers to sever fingers or hands on machines that are improperly locked-out or inadequately guarded. Rushed and overworked employees can also suffer crippling arm, hand and wrist injuries from repetitive motion such as carpal tunnel syndrome or tendinitis, making it difficult if not impossible to perform their jobs. These are very serious diseases that often afflict workers whose jobs require repetitive hand movement and exertion, the very job description for many in the meat packing profession. Lifting and hoisting injuries can also wreak havoc on the bodies of workers. Back injuries can result from loading and unloading meat from trucks and from moving meat, meat racks, or meat trees along overhead rails. Sometimes workers are struck by heavy objects falling from the trucks or hangers in the process. If you have been injured in a workplace accident you deserve to be compensated for your injuries and lost wages. The personal injury/workers compensation Law Offices of John T. Hemminger can help. Our firm regularly represents injured workers from Iowa meatpacking plants such as Amend Packing Company, Des Moines Co., Iowa Pacific Processors Incorporated, Farmland Foods, Pine Ridge Farms, Tyson Foods, Swan Packing Incorporated, .J.B. Swift and more. Contact us today for assistance with a meat packing plant injury or workers’ compensation claim. |
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