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Los Angeles Workers' Compensation Law Blog

Family files wrongful death suit against VA

The family of a 25-year-old California lab worker at a Veterans Affairs medical center is taking legal action against the institution after his death from bacterial infection. The wrongful death lawsuit asks for more than $20 million in damages based on a claim of negligence on the part of the medical center.

The Occupational Safety and Health Administration investigated the center and uncovered at least three serious violations of safety measures to protect lab workers from infection. OSHA has stated that the young man's death was caused by failure of the VA to protect its lab workers from exposure to the harmful bacteria. Serious OSHA violations include those threats that create a substantial probability of physical harm or death and must be corrected immediately to avoid fines and penalties.

A look at workplace safety on May Day

May Day, celebrated on May 1, has traditionally been a time to think about workers around the world and their safety and satisfaction in the workplace. United States laws such as workers' compensation statutes are presumed to protect American workers, and most people assume that workplaces in the United States are safer than those overseas, especially in light of reports such as that of a building collapse that killed several in Bangladesh.

However, the recent story of the explosion of a Texas fertilizer plant has shone a spotlight on what may have been an unrecognized dilemma in American workplaces. The U.S. Senate is preparing to investigate the circumstances of that tragedy, but many experts say they already know that the Occupational Safety and Health Association, or OSHA, had not inspected the plant since 1985.

Disney Contractor cited for safety violations after fall

While cleaning the outside of Disneyland's Space Mountain attraction last November, a 37-year-old contractor was injured after a fall that caused several bones to be broken. The Disney contractor who employed the worker has been struck with a fine of $60,995 that was levied by California safety regulators who maintain that the contractor failed to provide anchors for the employee, as reported by The Orange County Register.

It is unclear whether the victim has filed for worker's compensation, but the California Division of Occupational Safety and Health stated that the company, HSG Inc., which is based out of Los Angeles, failed to adhere to multiple safety rules.

Work accident causes fatality in Simi Valley

A 5,000-pound piece of steel recently fell from a crane at an industrial site in Simi Valley and crushed a 58-year-old man from Bakersfield. The man was unable to avoid the falling steel as it fell from the crane. A second man was fortunate enough to avoid the steel but still suffered minor injuries. The family or partner of the deceased man and the injured man may have the option of filing a wrongful death or workers' compensation claim, respectively, as a result of this tragic accident.

The victim in this work accident was a truck driver for Valley Wide Distributors, and the accident occurred as the steel was being unloaded from a truck. Early reports indicate that a chain holding the steel in place on the crane broke and allowed the steel to fall. There is no record of previous Cal/OSHA investigations into the company involved with this accident. 

Limo injures California car wash worker

A 22-year-old California man recently suffered a possible broken leg in a workplace accident in Thousand Oaks. Workplace injuries such as this one often ultimately involve worker's compensation benefits although those details are often confidential. In this case, information on the full extent of the man's injuries and possible claims is not available.

The incident occurred when the man drove a limousine onto the tracks of the automated car wash at which he was employed. The vehicle's transmission was in inadvertently left in reverse by the worker as he exited the vehicle, causing the vehicle to move backwards. The worker attempted to prevent damage by pushing the limo from behind and was ultimately trapped between the limo and a sport utility vehicle that was also at the car wash.

Heat illness prevention program educates workers

The 2013 Heat Illness Prevention Program through Cal/OSHA plans to inform California workers of the possible dangers of outdoor work in the summer. A heat-related personal injury can affect those in agriculture, construction, outdoor recreation and even law enforcement. The program focuses on workplace safety regulations and compliance issues.

Some aspects of preventing the dangers of heat illness include education and outreach efforts so that employees and their supervisors alike will understand the possible consequences. A spokeswoman for Cal/OSHA indicated that water, extra rest, breaks in the shade and effective emergency plans could help outdoor workers leave the job site in a healthy condition. 

Migrant, temporary workers could be at higher risk of injury

California is seen by many as a land of opportunity. This brings many workers here to do jobs that might not be available to them where they come from -- in many cases, other countries. However, many of these workers may pay a high price for their opportunities.

Several recent cases around the country have shown how many migrant or temporary workers have not received the same kinds of treatment that other employees receive. This has led on more than one occasion to serious workplace accidents that, if not preventable, might have been less serious had these workers received adequate training and support from their employers.

Sequester could lead to big cuts in funding for mine safety

Most people in California have heard about the sequestration, the government's cuts in funding to a wide range of programs. While some people might find the lack of funding a mere inconvenience, in some circumstances it could be much more severe than that. One such instance is the lack of funding for some mine safety programs.

The Mine Safety and Health Administration, known as MSHA, doesn't fully know how much money it will lose. But officials all over the country are expecting substantial cuts, perhaps as much as two-thirds of what they've been used to. This could only increase the potential for a deadly workplace accident in California and one of the state's many mines.

California lawmaker proposes change to workers' comp for athletes

State lawmakers are considering changes to California's workers' compensation laws to deny coverage for professional athletes who play games in California but who are not affiliated with a California team. Generally, workers who are injured on the job in California are entitled to benefits from the workers' comp system. While professional athletes work in a different kind of workplace than most workers in the state, some lawmakers are concerned that players and retired players from visiting professional sports teams are receiving benefits for injuries sustained in California.

Generally, many workplace accidents may involve an injury. Such an event should entitle the California worker to benefits under the state system. But not all injuries in the workplace occur in a one-time event. Repetitive motion injuries, such as a desk worker developing carpal tunnel syndrome, tennis elbow, or other form of repetitive stress injury, are generally workers' compensation issues. Similarly, cumulative stress experienced on the field for pro athletes may be the source of a workplace injury.

Carpal tunnel claims in California take some time to resolve

When people in California think of injuries sustained at the workplace, they might be inclined to think about traumatic accidents such as a fall by a construction worker, for example. However, even workers who sit at desks all day are susceptible to a workplace injury -- albeit without a dramatic scene taking place. Instead, injuries such as carpal tunnel syndrome can get worse over time, practically unnoticed.

In fact, injuries to California workers from carpal tunnel syndrome end up being much more expensive in terms of lost time from work than many other kids of injuries. According to research by the California Workers' Compensation Institute, carpal tunnel claims see an average duration of close to 31 months, considerably more than the average for other claims in the state, which average less than 11 months.

Dixon & Daley, LLP

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