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Colorado Workers' Compensation Law Blog

Hundreds of thousands of workers injured, killed each year

  • 15
  • May
    2013

It is shocking to think of the number of people who are injured or killed each year working in Colorado and across the nation. While there are state and federal protections in place to prevent these kinds of injuries and deaths, there are still many workers in Colorado who must file for workers' compensation following a serious on-the-job accident. And, according to the president of the Teamsters Union, the number of workplace injuries is "enormous."

The food industry is one place that many in Colorado may not have thought of as being particularly dangerous, but it is estimated that one farm worker dies every day at work. It is not just farm workers, however; there are truck drivers, employees at food manufacturing plants and warehouse workers who are injured or killed, too. For the families of the men and women killed in the food industry, they will likely need to apply for Colorado's dependency and death benefits.

Temporary workers often overlooked concerning workplace safety

  • 10
  • May
    2013

Workplace accidents happen everyday across the United States. Workplace policies that might be able to prevent many workplace injuries often target permanent workers at businesses. However, recently the Occupational Safety and Health Administration has been increasing its monitoring of safety training efforts geared toward temporary workers.

In order to adjust for seasonal demand, or rapid changes within an organization, companies sometimes hire temporary workers. These workers can contribute to many industries, but sometimes they aren't given the full training a normal employee would receive because they won't be at the company for a long period of time. However, safety training should still be at the forefront of any companies training policies.

Clinical trial may pave way for new treatments for paralysis

  • 02
  • May
    2013

A new clinical trial, which gained approval from federal officials earlier this year, should provide some hope for workers in Denver, Colorado who have sustained spinal cord injuries while on the job. The primary aim of the clinical trial is to seek a cure for paralysis.

Physicians involved in the trial recently completed the procedure on the first patient involved in the trial. The doctors took nerve tissue from the participant's leg and used the tissue to grow Schwann cells. Then, they transplanted the Schwann cells back into the patient's body, to combat the paralysis.

State reports 3 times fewer workplace fatalities than happen

  • 02
  • May
    2013

When the Colorado Department of Labor reports on workplace fatalities, many members of the Denver public likely believe that the number is an accurate representation of everyone who died in a tragic workplace accident. The truth is, hoewver, that many state departments of labor are limited in which work-related deaths they can investigate and report.

Some states are unable to report deaths in the transportation industry. Others may not cover workplace violence. With this in mind, it is important that anyone in Colorado looking into fatal workplace accidents remember that the number reported may actually be much fewer than the actual number of deaths.

Should firefighters have to prove cancer is from battling fires?

  • 24
  • April
    2013

It is no surprise that firefighting is a dangerous job in Aurora, but, just like everyone else, Colorado firefighters are entitled to federal and state protections. Just like employees in any other field, a professional firefighter can receive workers' compensation for any injuries or illnesses he or she sustains on the job. As individuals who risk so much to keep us safe, there is no reason why we shouldn't give them the same benefits as everyone else.

In that vein, one state has made a move to make it easier for firefighters to obtain workers' compensation for fire-related cancers. While cancer and other illnesses can make an individual eligible for workers' compensation, employees must prove that there was something at work that caused the illness. This can be very difficult, even when there is a high chance that something in the work environment is responsible. For firefighters who are constantly exposed to carcinogens, smoke and other deadly substances, it may be even more difficult.

Older workers less likely to report on-the-job injuries

  • 18
  • April
    2013

What may seem like a young person's field -- construction -- is becoming increasingly grayer. Regardless of the reason, having a larger number of older individuals in Colorado construction raises questions about their safety. Surprisingly, however, there are far fewer reports of on-the-job injuries among older construction workers and older workers are also less likely to apply for workers' compensation benefits. There is concern, however, that many of these men and women are just not reporting injuries, not that they are less likely to be injured.

It is true that there are federal protections for older employees, but it is believed that many workers are afraid that if they report injuries that they may face some kind of retaliation. Whether that would be reduced hours, dismissal or some other kind of consequence, older workers may not be willing to tell supervisors that they sustained an on-the-job injury.

Airbag recall could have serious effect on employee safety

  • 11
  • April
    2013

When someone in Denver thinks about the workplace, he or she likely thinks about an office building, or at the very least some kind of work site, but there are all kinds of workplaces, including a car. For someone whose job it is to deliver products, he or she may spend most of the day in a car. And, just like any other employee, someone whose workplace is in a car deserves to be protected from accidents and injuries. When they aren't, they can often claim workers' compensation.

That is why many employees in Denver may be concerned about a recent announcement recalling roughly 3.4 million vehicles after a manufacturer of airbags admitted that the airbag inflator could catch the airbags on fire. Fortunately, there have yet to be any reported injuries or deaths, but that doesn't mean that an employee may not become injured before he or she can get his or her car fixed. If something like this does happen, he or she may be able to work with a workers' compensation attorney to file for benefits.

Workplace safety for migrant workers called into question

  • 03
  • April
    2013

Many of the people in the Denver area may believe that their workplaces are relatively safe and that they have been properly warned or trained to avoid any risk. And for many people in Denver that is true, but it also appears that migrant workers and temporary foreign workers are exposed to much more serious dangers, some of which are fatal.

The problem, it seems, is quite complex. Part of the problem is that many immigrants are afraid to report dangerous workplace conditions, fearing retribution. For those employees who are not in the country legally, this could mean that they could be deported from the country and potentially forced to leave their families behind. In addition, when the federal Occupational Health and Safety Administration does step in, it is limited in what it can do on behalf of workers.

Workers injured on the job accused of workers' comp fraud

  • 29
  • March
    2013

Nearly everyone here in Colorado knows how important workers' compensation benefits can be to a person who is injured on the job. With mounting medical bills and being unable to work at the same time, this perfect storm of problems can lead to incredibly problematic situations without these benefits.

But the situation can get even worse when your employer suddenly accuses you of committing workers' compensation fraud. Not only does this carry with it legal ramifications, but it can also mean serious penalties if the claims are found to be true.

Construction collapse leaves worker seriously injured

  • 15
  • March
    2013

In what can only be described as a freak accident, one construction worker is recovering in the hospital after being airlifted from his work site. As of yet, the accident is still under investigation and there are very few details available, but it appears that the house the construction worker was building collapsed on top of him, crushing him.

It is undeniable that construction work in Denver County does come with certain risks. Being around that many power tools, construction supplies and heavy machinery could easily cause an accident, serious injury or death. But that is also why employers train employees. It is their responsibility to ensure that they are preparing their workers for a less-than-safe environment by providing them with training and protective equipment to do their jobs. When employers fail to do so, it can cause serious problems on Denver-area work sites.

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Eley Law Firm 1873 South Bellaire Street, Suite 1200 | Denver CO 80222 | Phone: 720.279.9172 or 866. 458.6360
Fax: 303.226.4774 | Denver Law Office

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