A worker can become engulfed in a pile of grain in a storage bin under several circumstances. Sometimes, a compressed area of grain that seems firm and solid enough to stand on can give way, sending an avalanche of grain over the worker. In other cases, an uneven pile of grain might become unstable if even a little grain is added or removed. In addition, workers can get sucked into a grain bin if they stomp on grain in an attempt to get it to move.
]]> Grain can engulf a worker in as little as 11 seconds. Workers who are unable to escape can easily suffocate. Even if there is time to call for help, it is very difficult to overcome the pressure of the grain and pull someone out. Many times, more people become engulfed in the process.Besides the risk of being smothered under grain, workers face the chance that the air quality inside a grain bin could be poor. Dangerous gases or a lack of oxygen can prove fatal.
It is important for employers and workers alike to be aware of these dangers. Employers should not have workers enter bins when grain is being removed and should avoid dangerous circumstances like those described above.
Grain handling businesses are regulated by a number of OSHA rules designed to avoid work accidents, including a requirement to provide a body harness for a worker on top of stored grain, along with a rescue winch system. In addition, employers also must have a communication system for workers who enter grain bins, and they must test the air in the bins before allowing workers inside.
Workers who notice that their workplace is not following proper safety rules can file a complaint with OSHA. If requested to do so, OSHA will keep the complainants' identities confidential.
Source: U.S. Occupational Safety and Health Administration, "Hazard Alert: Dangers of Engulfment and Suffocation in Grain Bins."
Workers have a much greater chance of encountering on-the-job injury when either they or their colleagues are overtired. Sleep-deprived workers are known to be less effective at their jobs and have a higher likelihood of making mistakes that result in workplace injuries or accidents.
]]> A new study by the National Institute for Occupational Safety and Health, part of the U.S. Centers for Disease Control and Prevention, investigated the sleep habits of workers in certain sectors. Overall, it found that more than 30 percent of the U.S. adult civilian workforce reported getting less than six hours of sleep per night. As a benchmark, the National Sleep Foundation recommends 7 to 9 hours of sleep for healthy adults.Unsurprisingly, night-shift workers were found to have poorer sleep habits than their day-shift counterparts. Almost 70 percent of night-shift transportation and warehouse workers reported getting insufficient sleep. Night-shift health care employees and social workers came in second, with over 52 percent reporting less than seven hours of sleep on the average night.
High rates of insufficient sleep were also found in the mining, utility and public administration sectors.
By contrast, employees in the finance, insurance, education, agriculture and forestry industries were found to be the most well-rested.
Although worker drowsiness can play a role in contributing to workplace accidents, it is important to note that Colorado workers' compensation operates on a no-fault system. Injured workers are entitled to receive benefits regardless of who was at fault for causing the accident.
Source: Occupational Health & Safety, "Too Little Sleep Common for Night Warehousing, Transport Workers," May 8, 2012.
]]>The extraction method, called "hydraulic fracturing" or "fracking," involves pumping a mix of pressurized water, sand and chemicals into wells to create fractures from which gas can be extracted. The process allows for the extraction of gas that could not previously be reached. However, just as with older methods of oil and gas extraction, it comes with significant risks of workplace injuries.
]]> Last week, workers at a Niobrara Shale site in eastern Wyoming were finally able to cap a blowout that had been erupting for three days. The blowout forced drilling mud and explosive methane gas from the well, putting both workers and residents at risk.Thankfully, no one was injured. However, the blowout could have led to dangerous or deadly fires and explosions.
Colorado Fracking Injuries
Colorado oil and gas workers who are injured in extraction accidents are eligible to receive Colorado workers' compensation benefits.
Injuries from explosions and blowouts aren't the only risks that fracking workers face. These workers routinely encounter a variety of risks, including:
Since fracking is a still a relatively new technology, even seasoned extraction workers should approach each day with an eye toward safety.
Source: 7 News, "Company Plugs Blown Wyoming Oil Well Leaking Explosive Gas," Wayne Harrison, April 27, 2012.
]]>But, road workers' biggest risk of work injury doesn't come from within the crew - it comes from other drivers on the road.
Last year in Colorado, 10 people were killed and another 96 were injured in work zone motor vehicle accidents. Nationwide, work zone accidents claimed 600 lives and injured 37,000.
]]> This week, the Colorado Department of Transportation, along with DOTs throughout the country, is observing "National Work Zone Awareness Week" in an effort to draw attention to the dangers of work zone accidents.On Tuesday, CDOT held its annual Remembrance Day ceremonies to pay tribute to the 58 employees who have died in the line of duty.
CDOT is also asking motorists to do their part to prevent work zone accidents. Most accidents happen because drivers aren't paying attention or looking out for construction workers when they enter a cone zone. Speeding and drunk driving only make the problem worse.
All drivers need to remember to slow down and pay attention when entering a work zone, especially at night or in inclement weather.
Road workers who are injured in a motor vehicle accident can seek Colorado workers' compensation benefits to pay for their medical treatment and lost wages.
In addition, third party liability is often available in work zone accidents. In third party liability cases, the worker can bring a lawsuit against the negligent driver in addition to recovering workers' compensation benefits. In those lawsuits, workers can seek more comprehensive reimbursement of their financial losses, as well as damages for non-economic losses like pain and suffering.
Source: Fox 31, "CDOT: Drive Safely as More 'Cone Zones' Appear," Jon Bowman, April 24, 2012.
]]>Unfortunately, the work these people do may be putting them at risk for developing serious occupational diseases.
Every day, nail technicians work with nail polish, solvents and other nail-care products. Some of these products contain chemicals that can be hazardous to health in cases of long-term exposure. As a group, nail technicians report higher than average instances of headaches, skin irritations and respiratory problems.
]]> To avoid these problems, many technicians and salon owners choose to purchase products that are labeled "non-toxic." However, new studies are showing that even so-called "non-toxic" polishes may contain hazardous chemicals.Investigators at the California Department of Toxic Substances Control sampled several brands of nail care products and found that many of them contained formaldehyde, toluene and dibutyl phthalate, even though they were labeled "non-toxic." These chemicals have been found to increase the risk of cancer and birth defects.
In response, the companies that manufacture nail products are saying that salons should focus on using proper ventilation and supplying adequate protective gear to its technicians.
All workers have a right to expect that they will be kept safe while on the job. Nail technicians who develop an illness or injury as a result of occupational exposure to hazardous chemicals can seek benefits under Colorado workers' compensation law. In addition, workers may have recourse to bring a third-party liability personal injury lawsuit if it can be shown that the products were unreasonably dangerous.
Source: Los Angeles Times, "Toxic Products in California Nail Salons Under Renewed Scrutiny," Anna Gorman, April 10, 2012.
]]>The summer job has long been a rite of passage for American teenagers. However, a new study conducted by the National Institute for Occupational Safety and Health shows that these jobs may also put teens at risk of harm. It estimates that 20,000 teenagers are injured in work accidents in the United States each year.
]]> The most common forms of work-related injuries are burns, broken bones, dislocated joints, sprained or strained muscles, lacerations, contusions and abrasions. Retail stores and grocery stores account for the majority of workplace accidents involving teenagers.The NIOSH found, though, that farms are the most dangerous places for teenagers to work. Heavy machinery and dangerous working conditions, combined with relatively lax safety restrictions, mean that farms are responsible for a larger share of fatal work-related accidents than any other workplace.
The study further found that the risk of injury is particularly acute on family farms. Although the federal Fair Labor Standards Act restricts the hours teens can work and the type of duties they may perform, its protections do not apply to children who are working for their parents on a farm or other type of family business.
Because of their inexperience, many teens may not have as sophisticated of an understanding of safety procedures when compared with older workers. Businesses that employ teenagers should make sure offer quality training on how to stay safe at work.
Source: Medical Daily, "Dozens of Teenagers Lose Lives Each Year Due to Poor Safety Standards," April 10, 2012.
]]>Recently, several employees at a nursing home in Loveland have filed for workers' compensation, claiming that they became ill as a result of being exposed to toxic mold.
]]> The employees say they started getting sick this fall. A nursing assistant who agreed to speak publicly said that when she first got sick, she thought she had bronchitis or the flu. When the medicine her doctor prescribed didn't work, she began to worry.Then, the worker says she started to notice she would feel better whenever she was away from the nursing home. She then began to wonder whether something at work was making her sick. After seeing mold at work, she brought the issue up with her doctor.
The doctor referred the worker to a doctor who specialized in handling workers' compensation claims. She is now undergoing a series of tests to support her claim.
A spokeswoman for the nursing home admitted that a test of the air in the facility revealed the presence of a "mold-like substance."
Exposure-related illnesses can take a number of different forms. Sometimes, as in this case, workers develop respiratory problems after prolonged exposure to toxic mold. In other cases, exposure to hazardous chemicals or asbestos can lead to cancer and other ailments.
If you think that you have become ill as a result of workplace exposure, know that you have a right to seek fair compensation for your injuries.
Source: Reporter Herald, "Mold Complaints Filed Against Loveland's Sierra Vista," Pamela Dickman, March 31, 2012.
]]>The traffic problem is apparently leading to a number of safety issues. For example, since truckers cannot see oncoming traffic when they pull out of the elevator, motorists are supposed to yield to grain trucks. However, many choose not to, putting workers at risk for a serious accident.
]]> In addition, many drivers try to bypass slow moving trucks by driving in the oncoming traffic lane. CHS says this habit is particularly worrisome, since the trucks usually block drivers from being able to see oncoming traffic.It's not just truckers who are at risk - workers leaving the elevator on foot have also reported having close calls with speeding traffic. At the hearing, a CHS official described a close call involving the company's Safety Specialist, Steve Thorn, saying "It's a bad situation. Had Thorn stepped any further out of the elevator, he'd have been run over. The car was going through there at least 40 to 50 miles per hour."
CHS called on the City Council to do more to control traffic in the area. The City Council is taking the company's requests under advisement and has promised to give an update at the next regular meeting.
Third Party Liability in Workers' Comp Claims
CHS noted at the hearing that it has been fortunate that, to date, no employees have been injured by speeding drivers. However, the situation still serves to illustrate a common issue that can arise after a workplace accident.
Colorado workers' compensation law is designed to compensate individuals for injuries sustained in a work-related accident, regardless of who is at fault. As a result, injured workers generally cannot sue their employers for negligence.
However, if the negligence of a third party - in this case, a speeding motorist - caused or contributed to the accident, the injured worker may be able to bring a civil lawsuit in addition to the workers' comp claim.
If you have been injured in a workplace accident involving a potentially liable third party, an experienced Colorado workers' compensation attorney can help you understand your options.
Source: The Fort Morgan Times, "Traffic Danger at CHS Elevator Raises Concerns in Bush," Katie Collins, March 28, 2012.
]]>At this point, authorities are still unsure as to why the pile of pinto beans collapsed and how the warehouse worker ultimately became trapped underneath it. The federal Occupational Safety and Health Administration is investigating the accident, along with safety inspectors from Kelly Bean Co., the company that operated the warehouse.
]]> The man who was killed had worked at the warehouse for more than 12 years.By all accounts, the man's attempted rescue was an enormous effort. Dozens of rescue workers arrived on the scene to help, as did several inmates from the local county jail. They dug through the beans for more than an hour. Unfortunately, by the time they reached the trapped worker, he had already died.
Colorado Worker Deaths
Colorado workers' compensation law provides benefits for the families of workers who are killed in on-the-job accidents.
Depending on the facts of the case, the worker's spouse and children may be entitled to workers' compensation death benefits. Spousal benefits are generally payable for life, unless the spouse remarries. Children can generally receive benefits until they reach age 18 (or age 21 if they are a full-time student). However, children over age 18 or 21 may be entitled to receive benefits if they can prove dependency.
Workers' compensation will also pay funeral and burial expenses for workers who are killed in a workplace accident or who die of a work-related injury or disease.
In some cases, families may also be able to bring a wrongful death lawsuit. Although employers can generally not be sued for wrongful death, the family may have a cause of action if a third party - for example, an equipment manufacturer or a negligent driver - had some responsibility for causing the death.
Source: Reuters, "CO Man Buried Alive Under Tons of Pinto Beans," Andrew Chow, March 20, 2012.
]]>The doors were locked at the direction of the factory owner to keep workers from stealing or taking unauthorized breaks. There was no way out for many after a scrap bin caught fire except for the windows. Workers were killed by smoke inhalation, the fire itself and jumping or falling from top floors of the factory.
]]> The day before the fire, a New York judge had ruled that a compulsory workers' compensation statute in New York, although limited to eight dangerous professions, violated both the state and federal constitutions. After the devastating fire, the New York Constitution was then amended, a new workers' compensation law was passed and the U.S. Supreme Court upheld it against challenge in 1917.The factory owners were brought up on criminal charges of manslaughter after the fire but both were acquitted. The survivors of the deceased workers fought back in civil court and won a judgment against the owners for their role in the workplace deaths. Their award: $75 for each worker killed in the fire.
Currently in Colorado, injured workers and their families are not required to sue their employer for workers' compensation benefits after a workplace injury or death as the survivors of the Triangle Shirtwaist fire did. The no-fault system is intended to provide medical benefits, lost wages and even death benefits to those affected by an on-the-job injury or death as quickly as possible.
Source: OSHA.gov, "Don't Mourn, Organize"
]]>Concerned that the bottle may be some sort of explosive or drug-making paraphernalia, the Greenwood Village police, South Metro firefighters and a hazardous materials team were called in to investigate. A portion of the hotel was evacuated as a safety precaution.
Upon examination, it was discovered that the hotel worker's injuries were a skin irritation rather than a burn. But, workplace burns are an injury typically covered by Colorado workers' compensation.
]]> Three common types of burns that may occur in a Colorado workplace are:The type and severity of burn experienced after a Colorado workplace injury will determine how an injured worker should be treated. Because an electrical burn involves an entry and an exit for electrical current passing through the body, internal injuries may have occurred that can only be determined after a full medical examination. A chemical burn may continue to cause damage to the skin until the chemical is removed or washed away.
As with any workplace injury, if you've suffered a burn injury while on-the-job, it's important to seek treatment right away.
Source: 7 ABC News, "Liquid Injures Worker, Forces Hotel Evacuation," Deb Stanley, February 28, 2012
]]>The ambulance continued forward about 60 feet before turning over into a ditch, injuring the ambulance crew inside. The patient being transported by ambulance was air lifted by Flight for Life to Colorado Springs but did not survive the trauma of the crash.
While there are many issues in this tragic accident, one revolves around paying for the medical care and lost wages of those involved. For the ambulance crew and those in the Xcel truck, regardless of fault, injuries sustained on the job in Colorado may be covered by workers' compensation. Police are unsure at this point whether the ambulance was traveling at a higher speed with its lights flashing or not.
]]> While a motor vehicle accident may not be considered a typical workers' comp injury, if the crash involves workers who were carrying out the duties of their job at the time of the accident, related medical expenses and lost wages should be covered by workers' compensation.Colorado workers' compensation covers both obvious on-the-job accidents as well as injuries that build over time. An obvious on-the-job accident may be the ambulance crash just discussed, falling from scaffolding or being struck by a falling object or piece of machinery while at work, among others. Not-so-obvious injuries may include repetitive use trauma, like carpal tunnel syndrome or back and knee problems.
Sometimes there is a question about workers' compensation coverage for injuries that occur away from a specific worksite, also like the ambulance crash. As long as you were there for work purposes, any injury should be covered by workers' compensation.
Source: The Pueblo Chieftan, "3-vehicle accident kills one east of Pueblo," John Norton, March 2, 2012
]]>The falling girders were 60-foot-long beams of steel weighing several tons. The girders plummeted nearly 40 stories before coming to rest on the truck. The impact no doubt caused damage to the truck but the miracle lies in the safety of the construction workers on site.
A cable snapped on the crane that was lifting the steel girders to their destination on the new 72-story building, causing the huge load to fall back to the ground below. The Occupational Safety & Health Administration (OSHA) specifically notes that cranes should not be used to move loads above workers. It appears that this was followed at the construction site, saving many workers from serious injury or death.
]]> The Bureau of Labor and Statistics reported that construction workers are the most likely to be fatally injured in an on-the-job accident. Statistics from 2009 revealed that one out of every 5 workers killed while on the job were in the construction industry. The good news is that, overall, fatal construction site accidents appear to be decreasing annually.Aside from fatal construction accidents, nearly 100,000 construction-related injuries and illnesses were reported in 2009. Falls accounted for about 1/5 of the total of injuries and illnesses put together.
Construction of the 72-story building, located across from the World Trade Center Memorial Park, has been partially halted while an investigation into the construction accident is underway.
Source: CNN, "Crane drops steel 40 stories at Trade Center site," February 16, 2012
]]>CRPS is broken down into two types:
Those who suffer from CRPS typically suffer from a constant burning pain, inflammation and swelling, spasms in the extremities and insomnia. CRPS/RSD has also been linked to some short term memory problems.
]]> The degree of pain typically felt by someone suffering from CRPS Type II (listed as Causalgia) is ranked near the top of the McGill Pain Index for chronic pain, above chronic back pain, arthritis and even amputation.Treatment is available for CRPS/RSD. Those who aggressively seek treatment for CRPS/RSD within the first year of diagnosis are more likely to fully recover. There is, unfortunately, no one treatment that is proven to work for everyone who suffers from the pain of CRPS.
The State of Colorado Division of Workers' Compensation specifically recognizes the CRPS/RSD as affecting injured workers throughout Colorado. Medical treatment guidelines for CRPS/RSD were established in 1996, and with some revisions, are still in effect today.
Source: The News & Advance, "Ask Karen RSD," February 1, 2012
]]>Dyer had reconstructive surgery on her lip and was able to go home from the Denver Health Medical Center on Thursday. It is quite likely that Denver workers' compensation benefits will cover all Dyer's medical expenses and any lost wages during her recovery period.
Colorado's work comp system is set up as a no-fault system. Simply stated, no-fault means that it doesn't matter who is at fault for the injury -- in this case a dog bite -- if it happened while at work, expenses and lost wages related to the injury should be covered by workers' compensation.
]]> The purpose of the no-fault system is to provide benefits to injured workers as soon as possible. There is no need to sue your employer and, in fact, you legally cannot sue your employer for workers' compensation benefits. Workers' compensation is the exclusive remedy against your employer for on-the-job injuries in Colorado.If your employer denies your right to receive workers' compensation for a work-related injury, you do have the right to contest the decision and present evidence that your injury does qualify for work comp. Often, the assistance of a workers' compensation attorney can help you efficiently pursue your claim for benefits.
Outside of the workers' compensation system, an injured employee may also have a third-party liability claim against the person, or in this case, dog owner, who caused the injury.
The attack was a surprise to his owner as well as to the news anchor. "Max is a gentle, loving, family dog," his owner stated. Max was impounded by Denver Animal Control and is in a 10-day quarantine.
Source: CBS News, "TV anchor recovering from dog bite during segment," February 10, 2012
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