Colorado Workers' Compensation Blog

Fatal Cart/Shuttle Crash Claims Life of Southwest Airlines Employee

2012-02-03T18:51:14Z

The crash of a baggage cart with an airport passenger shuttle/mobile lounge took the life of a Southwest Airlines employee. The worker was flown to the nearest hospital for treatment, but did not survive the injuries.

Although the fatal workplace accident happened outside Colorado, unfortunately employees in Denver and beyond are not 100 percent safe from a life-threatening injury on the job. Colorado workers' compensation not only provides medical and lost wage benefits for injured workers, but also dependency and death benefits for the families of workers unable to come home after a fatal workplace injury.

]]> One of the first hurdles in claiming Colorado dependency and death benefits is simply knowing that they exist and are available to the worker's spouse or spouse and children. All too often an employer and its insurer are slow to let surviving family members know about the existence of benefits. A Denver workers' compensation attorney can also help answer your questions related to eligibility for dependency and death benefits.

When a worker is killed in a work-related accident in Colorado, his or her spouse is entitled to lifetime benefits. If the spouse later remarries, he or she may be eligible for a lump sum payout of benefits. Typically, benefits paid to a surviving spouse will be 2/3 of the average weekly wage of the deceased employee.

There are also additional benefits available to a family who's lost someone at work -- funeral and burial expenses and potentially Social Security benefits may be available. If Social Security benefits are available, the amount you receive for Colorado dependency and death benefits may be decreased.

Workers' Compensation for Common Back and Neck Injuries to Nurses

2012-01-27T19:56:47Z

Injuries commonly covered under workers' compensation, including back, neck and shoulder pain, continue to affect nurses throughout Colorado and the rest of the United States, according to a recent American Nurses Association (ANA) report. Almost 80 percent of nurses continue working despite pain caused by daily work activities, such as patient lifting and patient moving.

A Colorado workers' compensation attorney understands that the jobs of health care workers, while important to all of us, can be hazardous to the health of those same workers. As safety equipment improves, workplace safety for nurses continues to improve, but the same problems reported in a 2001 survey are still problems today.

Overwork, stress, disabling injuries and exposure to infectious disease remained at the top of the list of workplace safety concerns for nurses. On the positive side, in 2001 only half of nurses reported having access to equipment that assists with lifting patients. In 2011, that number increased to 2/3 of those nurses surveyed.

]]> Common Workplace Injuries Experienced By Colorado Nurses

Whether you're a CNA, LPN or RN, the day-to-day patient contact that makes up a majority of nursing jobs can present risks of workplace injuries. Simply helping a patient into bed, into a wheelchair or to the restroom can end up tweaking, pulling or straining back, neck and shoulder muscles.

Similarly, it's not uncommon for nurses to be injured while lifting a patient or even rolling a patient in order to change bed sheets. In fact, repetitive lifting injuries and related back injuries are quite common among health care professionals. When injuries happen while at work, Colorado workers' compensation exists to get you the medical treatment you need without having to fight about who caused the injury and regardless of fault.

Source: McKnight's, "Nurses continue to battle workplace-related pain; worker safety efforts have improved," 19 December 2011

Colorado Workers' Compensation and an On-The-Job Heart Attack

2012-01-20T19:00:36Z

A fire chief of 40 years died of a heart attack suffered while responding to a house fire. He was found slumped over the wheel of his rescue truck after helping stretch fire hoses. Emergency crews onsite immediately began CPR and the fire chief was rushed to the hospital. He did not survive the heart attack.

Colorado workers' compensation covers job-related injuries, including a heart attack if it caused unusual exertion while on the job. Denver unusual exertion attorneys offer the following examples of when workers' comp has covered an on-the-job heart attack:

The manual stacking and restacking of seed bags by a farm worker who later suffered a heart attack
The manual unloading and stacking of bags of cement by a lumber store worker who later suffered a heart attack

Whether unloading and stretching fire hoses by a firefighter would qualify as unusual exertion for Colorado workers' compensation benefits is not yet known. However, this particular firefighter neither lived nor worked in Colorado.

]]> Colorado's Unusual Exertion Standard

When it comes to heart attacks and workers' compensation coverage, the tricky part lies in connecting the cause of the attack to a work activity. The exertion must be unusual, although the activity that caused the exertion may actually be a normal day-to-day task. For example, if you complete your everyday work activities, but do so in hot weather that causes overexertion and leads to a heart attack, you may be eligible for workers' compensation.

A heart attack can occur for many reasons, but in order to qualify for Colorado work comp benefits, the unusual exertion while performing job duties must be connected to the heart attack. Often, a cardiologist's or other medical expert's testimony will be necessary to link the overexertion at work to the cause of a heart attack. Work activities that cause a heart attack as well as those that aggravate a preexisting heart condition may qualify an employee who suffers a heart attack for workers' compensation.

Heart attacks and Colorado workers' compensation are not a simple subject, but an experienced Denver work comp lawyer can examine the facts surrounding your heart attack and help you apply for benefits if you are eligible.

Source: NJ.com, "Hopelawn fire chief suffers fatal heart attack at scene of Woodbridge blaze," 20 January 2012

Overexertion and Falls Lead Workers' Compensation Costs

2012-01-13T17:21:39Z

Liberty Mutual Inc., compiled the top 10 on-the-job injuries across the country, noting that the top five account for almost three quarters of workers' compensation costs in its 2011 Workplace Safety Index report. Overexertion tops the list, and includes workplace injuries related to lifting, pulling, pushing, holding, throwing and carrying.

Lifting/pushing/turning/pulling injuries often lead to back and knee injuries and also may increase the risk of a heart attack in the Colorado workforce. When an accident happens, injuries are often quite obvious. But, when injuries are the result of the same motion repeated over time, symptoms may not reveal themselves until an injured worker is at home or away from the jobsite, leading to questions of whether workers' compensation benefits should apply.

]]> Falls account for #2 and #3 on the list of most common causes of workplace injuries, separated into falls on the same level and falls to a different level/falls from heights. Bodily reaction and object strikes rounded out the top five. Bodily reaction includes climbing, bending, reaching, standing, sitting and tripping injuries. Object strikes are when workers were hit by something in the workplace.

The remaining five causes of workplace injury include highway incidents, workers being caught in or compressed by machinery, workers hitting something like a door resulting in injury, repetitive stress activities and a violent act at the workplace. The top 10 causes of workplace accidents accounted for almost 90 percent of all workplace injuries in 2009.

Source: Business Insurance, "Top 5 workplace injury causes make up 72% of direct workers comp costs: Analysis," 10 January 2012

Repetitive Stress Injuries in the Denver Workplace

2012-01-06T20:46:47Z

At more and more Denver workplaces, computers are becoming the central, common piece to any employee's desk setup. As the number of computer users rise, the number of computer-related work injuries are also rising. The Centers for Disease Control (CDC) reported that in 2010 almost 70 percent of workers suffering from carpal tunnel syndrome (CTS) could trace the wrist soreness and numbness to their jobs.

Work-related carpal tunnel syndrome is more common in women than in men, according to the CDC. In the last year alone, 3 percent of the age 18-64 workforce was diagnosed with carpal tunnel syndrome. "CTS is among the greatest drivers of workers' compensation costs, lost time, lost productivity and disability," noted Mary Burk of the National Institute of Occupational Safety and Health.

]]> Carpal tunnel syndrome is just one example of a repetitive stress injury (RSI) or an occupational disease that can occur in a Colorado workplace. Tendonitis and thoracic outlet syndrome, among others, are also considered RSIs. It's not uncommon for these types of work-related injuries to show symptoms after the work day is complete, when you're at home making dinner, playing with the family or doing other non-work-related activities. Despite when the pain is felt, RSIs may still qualify for Colorado workers' compensation.

The good news is that RSIs like carpal tunnel syndrome may be preventable. A workstation should be set up to minimize or eliminate stress on the hands and wrists for employees who spend a majority of their day working at a computer.

Recognizing early warning signs of RSIs can allow employers and employees to attempt to modify whatever is causing the stress on the joints. For example, raised or tense shoulders may indicate that a keyboard or chair armrests are too high and should be lowered. If you are leaning forward toward your computer screen, the position of your monitor may be too high or you simply may need an eye exam. If you are consistently making the same motions over time, such as when entering data using a 10-key-pad, take frequent breaks and stretch your muscles.

Source: Medical Daily, "CDC Survey: Carpal Tunnel Syndrome Mostly Linked to Work," 23 December 2011

Painting Company Admits Guilt in Death of Five Workers at Georgetown Plant

2011-12-30T13:55:46Z

Four years ago, nine men went to work at the Cabin Creek Hydroelectric Plant near Georgetown, Colorado. Their employer, RPI Coating, Inc., of Santa Fe, Colorado, had a contract with Xcel Energy to recoat an existing water pipeline to prevent corrosion. A chemical fire ignited in the pipeline and five of the workers were trapped about 1,500 feet down the 4,000 foot tunnel system.

Rescuers attempted to lower a fresh air tube and masks to the trapped workers, but were unable to confirm that the breathing aids reached the painters. The men were trapped by the Colorado workplace accident for over three hours. They did not have appropriate gear to climb out of the tunnel and the fire prevented them from exiting below. When rescuers were finally able to reach them, a combination of smoke asphyxiation and carbon monoxide poisoning had already resulted in their deaths.

Earlier this month, RPI admitted fault in the death of the five workers and pleaded guilty to five workplace safety violations that resulted in death. A majority of the $1.65 million in compensation and fines will go to the family members of the deceased workers as payment for dependency and death benefits.

]]> RPI will be on probation for the next five years and will be monitored by the U.S. Probation Department for issues related to workplace safety. If they fail to improve their safety practices, RPI could face an additional $2.5 million in fines related to the Cabin Creek pipeline disaster.

Further investigation revealed the cause of the fire in the pipeline. A spray gun used by the RPI painters to apply a mixture of epoxy and paint to the pipe was not working properly. While adding solvent to warm the mixture, the heating element turned on, causing the vapors to catch fire, ultimately trapping the 5 workers between the downward exit and an upward exit that included a 55-degree incline.

The Occupational Safety and Health Administration (OSHA) conducted its own investigation into the whether the crew had the proper maintenance and safety training and whether safety procedures were documented and being followed correctly. The four workers who were able to escape were treated and released.

Source: The Denver News Channel, "Painting Company Pleads Guilty In Fire Deaths," 19 December 2011

Colorado Workers Can Get Benefits for Worsened Injuries

2011-12-09T13:44:14Z

Getting injured at work is a stressful experience. Not only do you have to deal with the pain and other physical consequences of an injury, but you may also find yourself unable to work and worried about how you will pay your bills.

Thankfully, workers' compensation insurance exists to allay some of these fears. It will pay for medical care and will, in many cases, provide wage loss benefits until the injured worker recovers.

But what happens to an injured worker who thinks she has fully recovered, only to suffer a worsening of her injury several months later? Is she still entitled to benefits? What if she can't return to work?

The Colorado Court of Appeals took up this issue in a recent case and decided that the worker would be eligible for total temporary disability workers' compensation benefits.

]]> Benefits Available to Workers Who Reached Maximum Medical Improvement

The case centered on the claims of a woman named Elaine Loofbourrow, who worked as a manger at a Kentucky Fried Chicken restaurant. In November 2008, a cook walked off the job and Loofbourrow had to perform the cook's functions. In the process, she suffered work-related back injuries.

For a month, Loofbourrow was treated by a doctor recommended by her employer. She got injections and physical therapy and never needed to take time off work. In December 2008, the doctor declared that she had reached maximum medical improvement and discharged her from care.

Loofbourrow never challenged the doctor's determination that she had reached maximum medical improvement. Then, in March 2009 her back pain began to get worse. She saw her personal doctor, whose examination revealed a bulging and torn disc. Over the next few months, Loofbourrow's pain became so severe that she required emergency care. Her doctor ultimately told her that she could no longer work.

Loofbourrow then requested temporary total disability benefits to make up for her lost income. Her employer denied her claim, arguing that because Loofbourrow did not challenge the initial determination of maximum medical improvement - essentially a finding that she improved as much as possible - she could not claim that she needed further benefits.

The court ultimately sided with Loofbourrow. It held that a determination that an injured worker had reached maximum medical improvement does not necessarily prevent that worker from later claiming that her condition had gotten worse.

Although Loofbourrow did ultimately receive the benefits she was entitled to, she had to endure a lengthy court battle to get them. If you have suffered an on-the-injury, don't take chances by trying to go up against your employer's insurer alone. Contact an experienced Colorado worker's compensation attorney who can help protect your rights.

Source: Risk & Insurance Online, "Maximum Medical Improvement Does not Foreclose Benefits," Nov. 14, 2011.

Loss Costs on the Rise (Again) for Colorado Workers

2011-11-14T13:37:40Z

The amount that employers in Colorado pay for the "loss costs" portion of workers' compensation premiums will increase in 2012. After nearly a decade of decreasing loss costs premiums, the last two years have seen the Colorado Division of Insurance raise premium amounts. In 2011, loss costs premiums were raised by 3.4 percent and in 2012 premiums will be raised an additional 3.7 percent.

The average cost of medical payments and lost wages for workers injured on the job, according to WorkersCompensation.com, loss costs reflect the expected costs to insurers and are determined by a ratings organization - all Colorado insurers uses loss cost numbers calculated by the National Council on Compensation Insurance (NCCI). Loss costs are not rates, but rather a base that is used to help insurance companies calculate the rate to be charged. To arrive at the price of the rates charged to employers for workers' compensation, insurance companies add the NCCI loss costs to their expenses.

]]> As described by WokersCompensation.com, there are a number of factors that may influence the price of workers' compensation costs, including:

Severity of the injury suffered
Length of claim for the injury
Seriousness of the injury
Number of injuries suffered per number of workers
Medical costs to treat the injury
Total costs to cover workers' compensation claims

Speaking about why the Colorado Division of Insurance chose to raise loss cost premiums, Jim Riesberg, Commissioner of Insurance, stated that "[w]hile the number of claims has remained relatively flat over the last year, medical costs continue to increase, and this has led to the need for an increase." He continued, "[The Colorado Division of Insurance's] analysis indicates a slight increase is required to ensure workers' compensation premiums remain adequate."

If you have questions about loss costs and what the increase may mean to you as a Colorado worker, please speak to an attorney knowledgeable in workers' compensation matters for more information.

Source: Colorado Workers' Compensation Loss Cost Rates To Go Up In 2012

Employers' Top Mistakes When Injured Employees Return to Work

2011-10-13T15:45:19Z

Returning to work after an injury can be difficult for employees. Employers who do not observe the law can make the return even more trying. When employees are allowed or required to return to work, employer mistakes may be costly to both the employees' bottom lines and their health.

Common employer mistakes when employees return to work fall under areas such as:

Full Duty: Employers should not necessarily expect injured employees to be cleared for full duty the first day they return. Employers who demand that employees return to full duty immediately run the risk of reinjury, in addition to discouraging employees from returning when eligible. The Americans with Disabilities Act Amendments Act (ADAAA) says that covered employees must be able to perform the "essential functions of the job" - for a returning employee, this may mean, for instance, that he answers the phone but does not need to lift heavy files.

]]> Transitional Assignments: In ensuring that returning employees' job duties satisfy medical restrictions, employers should design transitional assignments to help employees become fully productive.

Which Laws Apply: Some employers may not take into consideration that their employees are covered by a number of laws, including workers' compensation, ADAAA and the Family and Medical Leave Act (FMLA). Workers' compensation law cannot take rights away from employees that the other laws give to employees. FMLA creates protected, unpaid leave; ADA protects the jobs of qualified disabled individuals; and workers' compensation pays injured employees.

Employers have a duty to follow the law when injured employees return to work. The failure to do so can have significant effects on employees, who are likely to be in an unfamiliar and challenging situation.

Source: Ten Costly Return-to Work Mistakes

Hydrogen Sulfide a Danger to Colorado's Oil and Gas Workers

2011-09-21T20:43:08Z

Contrary to statements from government and industrial officials, Nobel Energy has confirmed that its workers have been exposed to hydrogen sulfide, occasionally at higher-levels, while working at in the Piceance Basin gas field. Hydrogen sulfide, which naturally occurs, is a toxic and explosive gas that can cause respiratory issues when inhaled.

The spotlight was shinned on hydrogen sulfide in Colorado following an incident involving a contractor working with Nobel Energy. In 2009, the worker became sick after inhaling hydrogen sulfide while working at a drilling site run by Nobel Energy. Along with bringing dangers of the gas to the fore, the incident resulted in an Occupational Safety and Health Administration (OSHA) fine.

]]> Toxic to humans when inhaled, hydrogen sulfide naturally occurs in crude petroleum and natural gas and is also a by-product of the consumption of organic material that contains sulfur by bacteria. The Centers for Disease Control and Prevention (CDC) reports that inhaling the naturally-occurring gas may cause:

Headaches
Loss of motor control
Memory loss
Nausea and vomiting
Convulsions
Difficulty breathing
Death

The oil and gas industry is not the only one that may expose workers to hydrogen sulfide. According to the Post Independent, the Agency for Toxic Substances and Disease Registry (ATDSR) lists the following job-sites as putting workers at risk exposure to hydrogen sulfide:

Animal processing plants / tanneries
Sludge plants
Sewers
Dumps
Paper mills

For oil and gas and other workers in Colorado, the risk of hydrogen sulfide exposure is ever present. If you or a loved one has become ill after being exposed to the toxic gas while on-the-job, speak with an experienced attorney who can help you seek workers' compensation benefits.

Sources: Udall looking into hydrogen sulfide poisoning report

Employer Faces Investigation for Six Workers Sickened by Mold on the Job

2011-08-29T12:37:12Z

Six administrative workers employed by the University of Colorado in Boulder (CU) have come down with a mystery illness that they believe was caused by mold contamination in the engineering building where they work. Their claims spurred an investigation of potentially harmful work conditions at the university that is currently underway, but more can be done to help the university's workers.

A spokesperson for CU said university specialists are investigating the building, but so far, they found no signs that mold contamination is present. The university had the employees' offices deep-cleaned and ran an air purifier for two days. The university also sent the employees to doctors to see if a common symptom exists that might help experts determine the cause of the illness.

]]> However, some people think the university has not taken the employees' illnesses seriously enough. The university approved funding for safety testing in the engineering building by an outside consultant, but they failed to hire the consultant yet, claiming the delay is to determine what type of tests to perform.

Employees recently asked one of CU's specialists when testing would begin, and they were told it would occur when the university got "around to it." One of the employees involved was warned by the university not to speak to the press but felt the university lacks concern for the employees' illnesses.

The spokesperson for CU denied that the university is unconcerned about the illnesses and points out that a top department official has already sought assistance with the matter from the university's Department of Environmental Health and Safety.

If it can be proven that the engineering building is in fact infected with mold that caused the employees' illnesses, the affected employees may be entitled to receive workers' compensation.

Source: Six CU-Boulder workers treated for possible mold sickness

Colorado Grain Elevator Fatality Resulted From OSHA Violations

2011-08-16T14:52:15Z

Tempel Grain Elevators has pleaded guilty to federal workplace safety violations that contributed to the workplace death of a 17-year-old Haswell, Colorado, worker. Cody Rigsby died from asphyxiation in 2009 after he was engulfed in grain after entering a grain elevator that was being emptied.

The U.S. Attorney's Office recently charged the company with violating, as well as aiding and abetting, eight separate safety regulations. Following an Occupational Safety and Health Administration (OSHA) investigation in 2009, the company contested fines of almost $1.6 million for 22 willful and 13 serious citations regarding established safety standards in grain handling facilities.

]]> A federal judge sentenced Tempel Grain to five years of probation, payment of fines and penalties, and additional payment of $500,000 in damages to Rigsby's family. The company must also no longer employ workers under age 18, after it was investigated for allowing teenage employees to perform jobs prohibited by the Fair Labor Standards Act (FLSA) as well as OSHA hazardous occupations orders.

OSHA and other federal and state regulations promote safer conditions for American workers by enforcing standards and providing training. Colorado's workers compensation system provides important legal protections for injured workers to recover lost wages, medical expenses and other benefits in the aftermath of employment-related injuries.

In the event of a wrongful death, dependent survivors may be entitled to death benefits, including lifetime or lump sum payments to a widow or widower, as well as funeral and burial benefits. A Colorado workers compensation lawyer can explain a client's legal options, including the possibility of a third-party lawsuit against non-employers who contribute to a serious on-the-job accident.

Source: Grain Elevator Company Charged with Crimes in Teen's Death

Colorado Supreme Court Upholds Damages Awarded to Injured Utility Worker

2011-07-06T16:02:09Z

When workers are injured on the job, workers' compensation laws can help them get the money that they need to continue medical treatment and replace the wages they lose while they cannot work. The case of Andrew Blood, a former utility lineman at Xcel Energy, is an example of why these laws are so important.

On June 29, 2004, Blood was removing lines from a pole when it collapsed because of internal rotting that resulted from a fungus below the ground. This caused Blood to fall 25 feet and suffer injuries to his lower body that left him a paraplegic.

]]> Because Xcel Energy shares the poles with Qwest Communications International, workers' compensation laws did not allow Blood to sue his employer and he had to bring a lawsuit against the telecommunications company instead. During the trial, his attorney argued that Qwest Communications was negligent because it provided no maintenance for its poles and if this action had been taken, the rotting would have been detected.

"We put their own witnesses on the stand and they agreed that they had the obligation to establish a preventative maintenance program, but that never happened," Mr. Blood's attorney told Lawyers USA. "Any of these other poles could fall down, bring down lines and cause serious injury or death, and because the rot begins below ground, there is no way to know without inspection."

The jury agreed with the plaintiff's argument and awarded Blood over $21 million in compensatory damages and $18 million in punitive damages. Qwest Communications appealed the award and the Colorado Supreme Court recently ruled that the jury's decision was proper and that the company was negligent for failing to inspect its poles in the decades prior to Blood's accident.

Blood told The Denver Post that he would like to see Qwest Communications finally implement an inspection program so that no other workers will suffer the fate that he did.

Changes in Colorado Workers Compensation Act

2011-06-21T20:53:12Z

The Colorado Workers Compensation Act went through some changes during the last legislative session. They are not the kind of sweeping changes that were put into effect by industry back in 1990. However, since then, we've been able to battle back a little at a time. This year's changes were small, but they were all good for injured workers. Here is a summary:

Senate Bill 11-199

Section 1 of this bill solves a long-standing problem with carriers not admitting for medical benefits after maximum medical improvement or carriers admitting but limiting the benefits to those recommended by a certain doctor. Claimants attorneys were forced to set hearings on the issue of medical benefits to keep those benefits open. If the case closed on a final admission that did not admit for ongoing medical benefits, the injured worker would usually have to reopen the case to get further medical treatment.

Under the new changes, the carrier must admit for reasonable, necessary and related medical benefits if such benefits are recommended by an authorized treating physician and there is no medical opinion to the contrary. This forces the insurance carrier to either admit for medical benefits without other limitations or provide medical evidence as to why it isn't necessary.

Section 2 is helpful for attorneys who want to get information through discovery. The law had been that attorneys had to either agree to provide information through discovery or have discovery ordered by an administrative law judge. The new change does not require agreement. If both sides in the case have attorneys, then discovery may proceed. However, the prohibition against serving discovery requests on unrepresented parties without an ALJ's order still stands. This goes for both unrepresented claimants and unrepresented insurance companies. Penalties have been assessed for the failure to abide by this prohibition.

Section 3 requires insurance carriers to provide traveling expenses in advance when they require a claimant to attend an insurance IME. This prepayment is only required when requested by the claimant. If the requested prepayment is not provided, the claimant may refuse to attend the IME. If payment is provided and the claimant still does not attend, the money can be recouped by the carrier through future indemnity benefits owed to the claimant. Please note that this does not apply to Division IMEs, but only for IME's scheduled by insurance carriers with there selected doctors.

Section 4. This extends the applicability of SB 10-182, enacted in 2010, to all claims regardless of the date of the injury. SB 10-182 had to do with the up to $60,000 lump sum of permanent partial disability which a claimant could request. Prior to it's enactment, the receipt of the lump sum was conditioned upon the claimant not going forward with a claim for permanent total disability. Now there is no such prohibition. The claimant can get the first $60,000 of PPD owed and still go forward with a claim for PTD. This helps the claimant survive while his PTD case is pending and also can help fund the costs of going foward with the PTD case.

OSHA (Barely) Protecting America's Workforce

2011-05-09T12:58:35Z

All workers and employees know and understand that they are not machines, and that they should not be treated as such. Unlike machines, humans need to be treated with dignity and respect and protected, as best as possible, from unnecessary danger and injury while on the job.

Workers are not naïve and understand that some jobs are more dangerous than others and that accidents happen. However, that doesn't mean that employers should ask employees to conduct or engage in dangerous work without the necessary protective gear to perform the job safely. This is where the Occupational Safety and Health Administration (OSHA) comes in.

]]> OSHA is the governmental agency that is tasked with keeping workers safe through rule promulgation, enforcement of safety rules, investigation of workplace accidents, and penalization of employers who are non-compliant with OSHA safety rules. However, staffing issues, budget constraints and weak penalties serve to keep OSHA's protection powers in serious constraints.

For instance, OSHA's ability to penalize a business for safety violations is barely a slap on the wrist, even when an employee is killed. OSHA penalties for safety violations that result in the fatality of a worker range from $7,000 to $70,000. These penalties include willful safety violations - violations that the employer was aware of and knew could cause serious harm to an employee, yet chose to do nothing to correct the violation - by the employer! This amounts to barely a drop in the pool of profits of a large corporation.

Further, an article in the Valley Advocate reports that OSHA has less than 2,500 inspectors to help protect the United State's 130 million workers and 7.5 million places of work. Sadly, OSHA doesn't have the financial capacity to increase the number of safety inspectors, and with the legislature calling for a 20 percent decrease in OSHA's budget, things could get worse.

If you have been injured on the job, speak with an experienced attorney to learn about your options and help you protect your rights.