Denver Workers' Compensation Attorneys Blog

Colorado farmers face seasons of risk

2013-05-24T19:03:00Z

When most people think of the typical workplace, their imaginations may conjure images of computer screens, staplers and flickering fluorescent light bulbs. However, many people in Colorado and across the country make their living working on farms. And just like other employees in other industries, farmers file on-the-job injury cases. Though, there is evidence that farm laborers can face more (and more severe) injuries than the average nine-to-fiver.

Injuries are more prevalent on farms with livestock than on those that produce grain, and in regions with a strong agricultural presence, according to Colorado’s director of the High Plains Intermountain Center for Agricultural Health and Safety. The director notes that livestock and machinery contribute to the most injuries in the agricultural industry. Similarly, it is estimated that the number of farm workers that sustain a serious workplace injury may actually be much higher than is reported.

]]> While it’s a season of new growth and promise, spring is also apparently the most dangerous for farmers. One source attributes the heightened risk to the increased use of tractors during this time of year. In 2010, over 20 percent of worker fatalities on farms were linked to overturned tractors.

Fortunately, the advent of new equipment and products has been known to protect farmers in some instances. However new technologies must be used in order to help. Almost 5,000 tractors manufactured prior to 1985 are still in use and do not feature roll guards.

Until safety is prioritized on American farms, and steps are taken to implement and enforce the use of safety equipment on machinery, the agricultural industry may continue to be hazardous for workers’ health.

Source: The Dickinson Press, “Danger on the homestead,” Betsy Simon, May 17, 2013

Could more be done to prevent workers' injuries?

2013-05-15T20:05:02Z

A great deal of emphasis is typically placed on workers' actions and responsibilities when it comes to following safety measures in the workplace. Though, those precautions must first be implemented and enforced by the company to ensure they are truly effective. Similarly, employers can only be held accountable for the standards they set when those entities responsible for policing such measures take a proactive approach to doing so. The system depends on the vigilant application and execution of jobsite safety measures on every level to guarantee that workers throughout Colorado and the country are protected at all times. Sadly though, there is evidence that the system is failing in some ways, potentially leaving millions of American workers vulnerable to preventable injuries.

]]> Workplace accidents and on-the-job injury cases are often investigated by the Occupational Safety and Health Administration (OSHA); though, doubts are rising about whether OSHA is even capable of functioning at the capacity it is expected to. There is currently one OSHA inspector for every 58,945 workers in this country. And given that the agency has state and federal jurisdiction over almost 10 million jobsites, it seems doubtful that they can realistically keep track of all of them.

When businesses are found responsible for workers’ injuries and/or deaths, they can face fines and damages. However, some argue that the fees aren’t high enough for companies to take them seriously. Employees can usually only collect between $100,000 and $200,000 in workers’ comp benefits, and many wrongful death cases only equate to around $3 million in damages.

No one agency or factor may be responsible for the flaws in the system, but no one can deny that the fact that almost 5,000 American workers died in the workplace in one year is both outrageous and unacceptable.

Source: gimby.org, “Workplace accidents, fatalities lead experts to question regulatory status quo,” Brooks Hays, May 6, 2013

Multiple companies accused in tragic work accident

2013-05-06T18:41:01Z

When workers in the state of Colorado are seriously injured or killed performing their duties, it is very important that an investigation is completed and all appropriate parties are held responsible. Not only is it necessary to protect the rights of the injured and their families to obtain answers and compensation but employers must be held accountable for failing to protect their staff from safety concerns. One truly catastrophic on-the-job accident resulting in the injuries of four and deaths of five workers left countless questions to answer, and has led to several lawsuits against those suspected of being at fault.

In 2007, four men were hurt and five men were killed as a result of a fire that ignited in a hydroelectric plant they were working at. The men were apparently resealing a pipeline inside the plant when the fire erupted. The cause of the fire is attributed to a flammable solvent they were using. Given the location of the workers inside the tunnel, responders to the scene were unable to provide them with air tanks or rescue. Sadly, some of them ultimately succumbed to the fumes.

]]> The painting company involved in the incident pleaded guilty and was sentenced five-years’ probation for violating federal safety standards. The company paid out almost $2 million in compensation to the victims’ families and fines. The nine victims’ families also filed suits against three other companies; though, the Colorado Court of Appeals dismissed those cases, citing those companies were not responsible for causing the fire.

Even though the offending party was held legally accountable for their role in the tragic fire that took five innocent lives and left more injured, the monetary compensation may be little compensation for the victims and their families in this case.

Source: Washington Post, “Colorado Court of Appeals dismisses lawsuits in 5 power plant deaths in 2007,” May 2, 2013

Construction accident takes the life of one and injures two

2013-04-29T20:58:05Z

For those that work with heavy and/or hazardous equipment, it is crucial that they are constantly aware of factors like their surroundings, machinery, fellow workers and potential dangers. That is why Colorado construction sites maintain strict policies regarding proper safety and work techniques. In fact, job sites all across the country must conform to state and federal safety laws to ensure employees are protected from avoidable accidents and injuries. Incidents involving serious injuries in construction areas are thoroughly investigated by federal agencies to determine the cause and who, if anyone, may be at fault. One such investigation is underway in a case of an unfortunate construction accident that injured two workers and killed another.

On-the-job injury cases like this one are taken very seriously be all parties involved. In this instance, the U.S. Occupational Safety and Health Administration (OSHA) and the state-operated Department of Industrial Accidents is working with local law enforcement and the state’s district attorney to determine exactly what went so very wrong on one construction site.

]]> The construction accident that is currently under investigation took over three hours to clear and involved over 50 emergency responders from multiple departments. Apparently three construction workers somehow became pinned beneath two modular trailers that were being used as temporary offices on the site.

The fatality victim in the accident was a contractor. He did not survive being trapped under the massive trailers. One other victim managed to free himself, while yet another had to be rescued using a crane.

There is still no word yet about how the three workers became pinned. It is also unclear if proper safety precautions were being followed at the time of the accident. Surely, the OSHA-led investigation will help to shed more light on what happened in this tragic case.

Source: masslive.com, “1 dead, another injured after construction accident at Massachusetts Department of Transportation facility in Northampton,” Fred Contrada, April 18, 2013

Workers' comp fraud adds up to millions of dollars in one case

2013-04-22T21:35:38Z

When companies purchase liability insurance, they must account for factors like the number of employees they have and the type of work they do. And when it comes to carrying workers' compensation for employees, states like Colorado and many others require businesses to accurately and honestly divulge information concerning coverage requirements. Two men are accused of misclassifying information relating to their landscaping business in an attempt to pay lower workers' comp premiums.

According to the district attorney involved in this case, insurance premiums for all the companies in a state can inadvertently be affected when one attempts to defraud the system. When a business fails to pay an insurance company the premiums it actually owes, that company may raise premiums across the board to compensate for the loss. That is why insurance fraud can result in serious legal consequences for offenders.

]]> The two defendants operate a landscaping company that contracts with numerous businesses and home owner's associations in their area. they are accused of misclassifying the job description of around 50 employees, downgrading the injury risk so they could pay lower workers' comp premiums.

The fraud investigation lasted almost two years and estimates that the defendants may owe around $1.5 million dollars to their insurance provider and the state. As a result, both defendants now face six felony charges. They have pleaded not guilty and may appear for their first hearing soon. If convicted, the two defendants could be sentenced to almost 20 years in prison.

For those companies that do provide their workers with the insurance coverage they deserve, it is important to know that fraudulent claims are not condoned under the law.

Source: PalmDesertPatch, "Bermuda Dunes Man, Father Accused in $1.5 Million Workers Comp Fraud," Renee Schiavone, April 19, 2013

Falsifying workplace injury reports leads to prison sentence

2013-04-18T17:02:19Z

Companies in Colorado and al l across the country are expected to uphold strict state and federal safety regulations at all times. The primary incentive and ultimate goal of providing a danger-free workspace should always be to ensure that workers are suitably protected. Though, there can also be monetary enticements for passing and/or exceeding safety standards. For one safety manager, the appeal of collecting millions of dollars' worth of safety bonuses was enough to make him underreport and falsify on-the-job injury cases.

The man's illegal actions came to light after the Tennessee Valley Authority (TVA) conducted an investigation that lasted more than five years. That investigation ultimately resulted in a federal grand jury convicting the defendant of serious fraud charges.

]]> The defendant was responsible for providing the TVA with worker injury rates from his company, which worked in several of TVA's nuclear facilities. By giving TVA fraudulent safety reports, the defendant secured more than $2 million in bonuses for his company. According to evidence provided in the trial, the defendant falsified information relating to more than 80 employee injuries. And while he apparently misclassified and/or downplayed the severity of many injuries, the defendant was also accused of affecting victims' ability to seek treatment for their injuries.

During his testimony, the defendant denied knowing his injury reports influenced his company receiving bonuses. Having been found guilty of giving such false testimony in court, the defendant was issued a more severe sentence for his crimes. He will now be supervised for two years upon his release after fulfilling a federal prison term of 78 months.

Source: chattanoogan.com, "Safety Official Convicted Of Submitting False TVA Injury Reports Ordered To Serve 78 Months In Federal Prison," April 12, 2013

Worker fatally wounded in work accident

2013-04-12T14:58:07Z

On worksites all across the state of Colorado, and throughout the country, safety precautions are taken to ensure that all workers can perform their duties without the fear of being hurt. And for people that work with machinery and/or large equipment, it is particularly important that they follow protocol and observe crucial safety standards. Unfortunately, however, accidents do happen and sometimes they can have fatal consequences.

One recent incident involves a man who sadly died after he suffered a work injury. The accident victim had been unloading palettes of asphalt sealant from the semi-truck he was driving when he somehow got pinned behind the truck. The man was delivering his load to a construction company at the time of the incident, where emergency responders were called to the scene of the accident. Even though it appears that the truck driver was trapped for only a few moments, he later died in an area hospital.

]]> As a result of the catastrophic accident, an OSHA representative has been called in to investigate the circumstances surrounding the victim's death. According to the construction company, there have never been similar accidents involving truck deliveries.

The victim's exact injuries have yet to be identified, but he was apparently pinned by around one ton of sealant. It is also not known if he was alone at the time of the incident, or whether or not proper safety precautions were being taken during the unloading process.

The OSHA investigation will attempt to determine what factors may have contributed to the fatal accident. If it is proven that the construction company could have taken steps to prevent the incident, it may be held responsible for the worker's death.

Source: local12.com, "Update: Man Killed in Batavia Workplace Accident," April 3, 2013

Some kids could be exposed to workplace accidents

2013-04-02T18:13:00Z

Many jobs come with inherent risks that must be recognized and addressed in order for workers to perform their duties safely. Companies that place their employees in the position to work under potentially dangerous conditions are responsible for providing the necessary safety equipment and training to everyone onsite. In the event that an employee has suffered a work injury, the employer may face a federal investigation and even charges if it is determined that they failed to uphold legal safety standards. And while countless Colorado companies take these types of regulations very seriously, there seems to be a disturbing trend in one industry that is putting under-age workers at risk.

In 2009, one fatal incident involved a 17-year- old boy in Haswell, Colorado. The young man was working in a grain bin when he was overtaken by shifting grain and suffocated. The accident was investigated by the Occupational Safety and Health Administration (OSHA), but one victim advocate argues that results of the inquiry did not lead to an appropriate punishment for the defendant company that owned the grain bin. The company was ultimately forced to pay less than half of the $1.6 million fine recommended by OSHA, and avoided any prison sentence.

]]> Recent findings suggest that there is a substantial discrepancy between the amount of money companies are originally instructed to pay in fines relating to entrapment deaths and what is actually enforced. The number of deaths continues to rise while it is estimated that fines have fallen close to 60 percent in the past 28 years.

In 2010, entrapment accounted for 26 deaths, and two under-aged workers lost their lives in one recent case alone. By not holding companies responsible to the fullest extent for such severe safety violations, federal agencies may be condoning illegal negligent behavior.

Source: kansascity.com, "Young lives lost in dangerous jobs," Jim Morris, Howard Berkes, March 23, 2013

Can domestic assault ever be a workplace injury?

2013-03-25T22:04:46Z

For many workers, the beginning of one's shift signals the time when they can take a break from their personal lives and concentrate on other things for part of the day. Employees and employers alike can benefit from this type of workplace mentality because it is known to foster productivity and pride in job performance. However, the reality may be different for countless employees across the state of Colorado, and the country, who face difficult domestic situations. In instances where one's personal and professional lives collide, resulting in violence or even death, what role and/or responsibility does the employee's company have in the matter?

That question is at the heart of a recent workers' compensation lawsuit. The company identified as the defendant in the suit claims that a business cannot be held liable for issues like domestic assault, even if they happen to occur when the employee is on the job.

]]> The family of a victim of extreme domestic assault argues differently, though. They contend that the victim was allegedly placed in danger by her employer because she was required to work on the day she was killed.

The tragic incident involves a woman who was murdered by her husband while she was taking a break at work. The man allegedly shot her and then himself. Since he knew where she usually took her breaks, the victim's estate argues the husband had access to her through her work.

If the defendant is found guilty, the company may be held responsible for paying the victim's children under her workers' compensation benefits.

Source: keloland.com, "HSBC Asked To Pay Workers' Comp For Murder Suicide," Ben Dunsmoor, March 20, 2013

Workers' comp fraud caught in the act

2013-03-19T20:43:21Z

In the state of Colorado, as in many states across the country, employers invest thousands of dollars each year into company-funded programs for employees. Workers' compensation is one such program that is crucial to the vitality of the American workforce, as it helps to compensate sick and injured workers for lost wages and medical expenses they may incur as a result of a workplace accident or illness. By protecting employees financially during times when they are physically incapable of performing their duties, companies also benefit from providing their workers with the support and resources necessary to return to work when they are ready. And while workers' comp benefits can serve both employer and employee, abuses to the system can hurt both sides as well.

A number of illegal workers' comp cases came to light recently in one state, illustrating how fraudulent claims are made and prosecuted. The most common type of fraudulent claims to arise as of late involves people continuing to work while they collected benefits. Given that workers' comp is intended to lessen the burden on individuals that cannot currently make a living, it is illegal to accept benefits if and when you are fit to return to work. Some of those found guilty of this type of fraud owed restitution and faced probation.

]]> A couple of the fraud cases make the others seem more benign. For example, one offender repeatedly enrolled in and then dropped out of college courses so that he could prove he was a full-time student, keeping his death benefits. Another convicted fraud claimed he was injured on the job when he actually got hurt in an unrelated fight. Both must pay restitution and legal costs.

Such illegal practices insult everyone who works hard and follows procedure to rightfully claim the compensation they deserve.

Source: 10tv.com, "9 People Convicted For Fraud After Lying To Get Workers' Comp Cash," March 15, 2013

Workers' comp right or loophole?

2013-03-13T16:06:16Z

In Colorado, as in most states around the country, employers are required to protect workers against the risk of workplace-related injuries and illnesses. Therefore, they pay into workers' compensation benefits for employees, which can cover lost wages and treatment costs for many different types of medical conditions. Though, policies do vary from state to state, affecting the level of coverage eligible workers may receive. While most workers are confined to the laws of the state they live and work in, many professional athletes have found a way to get the most out of their workers' comp claims by filing out of state.

More than one notable Colorado sports player has contributed to the trend of crossing state lines to file a claim for workers' comp. Laws in one West Coast state allow visiting athletes to be reimbursed for injuries they sustained even if their team is from another state. Similarly, these athletes can be covered for medical expenses incurred by related injuries and/or conditions that may arise later but that are linked to injuries that occurred on the field or court.

]]> Athletes that rely on these types of out-of state benefits argue that they do pay taxes in the state they once played in and now receive coverage from. However, some sport teams object to these practices, claiming that injured and retired athletes are taking advantage of an already stressed system. As a result, some team owners are working towards legislation that would prohibit visiting athletes from filing for workers' comp in their state.

Source: Los Angeles Times, "Athletes cash in on California's workers' comp," Marc Lifsher, Feb. 23, 2013

Proposed bill could change cost of Colorado workers' comp

2013-03-05T21:06:33Z

During these uncertain financial times, many Colorado businesses are struggling to stay afloat as the price of necessities such as utilities and gasoline keep rising and employment rates continue to lag. To help offset some expenses, companies across the state and country have taken measures like cutting work hours and certain employee benefits. Though, there are some programs that businesses cannot afford to go without. That is why Colorado legislators are pushing a new bill aimed to take some of the strain off state companies.

Every business in the state of Colorado is required to carry workers' compensation insurance for its employees. If an establishment attempts to operate without workers' comp coverage it runs the risk of being charged with steep fines and can even be shut down. And while the prospect of such expensive repercussions is enough to keep most companies on the right side of the law, the state is hoping it can do more to relieve some of the burden caused by workers' comp premiums.

]]> A new bill introduced by two state legislators proposes to give businesses the option of increasing their workers' comp deductibles, thus decreasing their premiums. It would be at the discretion of the insurance commissioner to decide how much deductibles might go up, but they could potentially surpass the current $5,000 maximum.

The state senate will review the specifics of the bill before voting on it. If it passes, it will affect all current and future policies, and will begin in July, 2013.

By cutting expenses and giving businesses more freedom to decide how they fund workers' compensation benefits for their employees, proponents of the bill also hope companies will be encouraged to invest more resources in upholding safe and healthy working conditions.

Source: ourcoloradonews.com, "Swalm bill would hike workers' comp deductible," Deborah Grigsby, March 1, 2013

Security guard at Denver maintenance yard sues for discrimination

2013-02-28T20:36:35Z

Proving a case for workers' compensation discrimination can be challenging when it's just one person against a company. In one case, a man had to go to the U.S. Court of Appeals after he says he was wrongfully terminated for filing a workers' compensation claim and for race discrimination.

The African-American man started work in 2005 as a security guard at the C.R. England trucking company's Denver maintenance yard. By 2007, he had started his own janitorial company, and provided janitorial services for England three days a week while continuing to work as their security guard. That year he received a head injury when a malfunctioning gate fell on him but continued to work for the company as he received workers' compensation with a 25-pound lifting restriction.

]]> Several months later, England's site manager terminated his janitorial contract when he said he saw the security guard violating his lifting restrictions while doing janitorial work during his security shift. This led to others becoming skeptical of his workers' compensation claim and his employers fired him in April 2008 when they said he failed to notice and report the theft of two trailer doors.

In addition to suing for racial discrimination and failure to pay overtime, the man sued for wrongful discharge that violated Colorado public policy prohibiting employers from retaliating against those who applied for and received workers' compensation. When the district court ruled in favor of England, the man appealed and won his case for retaliatory discharge from the security position, although his claim of wrongful discharge from his janitorial contract was remanded to a lower court. His other two claims were dismissed, but this case shows that employees who are eligible for workers' compensation can be protected if they can prove they were fired in retaliation for applying for and receiving the aid.

Source: HR.BLR.com, "Was security guard wrongfully discharged?" Feb. 14, 2013

Low-wage workers have a disadvantage with workers' compensation

2013-02-21T14:51:58Z

The type of jobs that have traditionally fallen into a low-wage bracket -- restaurant employees, janitors, housekeeping and others -- also have a reputation for placing workers at a high risk for workplace injuries or occupational disease. The wages employees tend to receive put them at or near the nation's poverty level, making it difficult enough for struggling families to make ends meet without the added burden of dealing with an injury that workers' compensation benefits may not cover.

A policy brief from The George Washington University School of Public Health and Health Services reports that workplace-related injuries and illnesses from low-wage employees cost the country at least $39 billion a year in medical care costs, Medicaid and lost productivity. Some workers' compensation insurance doesn't cover many of the costs associated with certain workplace injuries or is not required to replace wages under certain terms. Many employees are discouraged from reporting any injuries that happen at work. This leaves many families struggling to buy groceries and meet their basic living expenses.

]]> The brief suggests that workplace health and safety improvements will go a long way toward keeping families from suffering lost wages to injury or illness. With current workers' compensation insurers covering less than one-fourth of the nation's work-related health issues, such changes can't come soon enough.

Colorado employees are entitled to basic rights that are laws for every workplace. These laws are in place not only to protect workers from workplace accidents but to compensate them in the event of an injury that keeps them from their job.

Source: EHS Today, "Occupational Injuries Among Low-Wage Workers Pack a Big Economic Punch," Laura Walter, Feb. 8, 2013

Fewer worker injuries can be good for business

2013-02-14T20:09:37Z

There are many factors that can play into creating a positive customer experience. Helpful and efficient service is always appreciated and it never hurts to confirm that, in fact, the customer is always right. The formula for keeping clients happy is scrutinized and reproduced by many businesses, as it's a critical step in building a strong foundation for any company to grow. While other characteristics do also influence how clients feel about doing business with one company over another, a recent study suggests that behind-the-scenes safety conditions for employees can have a significant effect on customer satisfaction in Denver, Colorado, and throughout the country.

The National Safety Council has conducted a study that notes a correlation between a business's number of on-the-job injury cases and overall customer satisfaction. By reviewing departments at an electric company that dealt with everything from accounting to maintenance to service installation, researchers found that customers seemed to be less content with services provided by company departments afflicted by higher numbers of workplace injury.

]]> The study's findings are encouraging, according to the council. The results demonstrate that businesses that make safety a priority in the workplace may benefit from improved relationships with their clientele as a result.

Ultimately, the gains of fostering a positive and safe work environment may go beyond simply following the law. After all, customer satisfaction often translates into revenue for businesses. If the study is correct, the argument for increasing profits by keeping employees safe is certainly a convincing one.

Source: EHS Today, "Can Worker Safety Impact Customer Satisfaction?" Laura Walter, Jan. 30, 2013