Author Archives: Catherine Stanton

James Zadroga 9/11 Health and Compensation Act Now Covers Many Types Of Cancer

Today as we reflect on the tragic events which took place 11 years ago, we are relieved to learn of the news that the Federal Government is finally  acknowledging what we, as representatives of many of these injured workers have suspected for many years-  that exposure to the toxins around Ground Zero can cause cancer.  We pray for all those who are sick and have died and for those who will continue to become ill as a result of this horrible attack.

The following article from NBC New York written by Brynn Gingras and Greg Cergol details the new coverage that those suffering from cancer are entitled to receive: 

The federal government will now officially add dozens of cancers to the list of illnesses linked to the Sept. 11 attacks, making those who lived or worked near ground zero and later became sick eligible for financial payments, authorities said Monday.

Fourteen categories of cancers, a total of 50, will be added to the illnesses covered in the James Zadroga 9/11 Health and Compensation Act, the National Institute for Occupational Safety and Health announced.

The Zadroga Act — named after NYPD Detective James Zadroga, who died at 34 after working at ground zero — passed into law two years ago. Despite the hundreds of sick responders, the act did not cover cancer because of a supposed lack of scientific evidence linking cancer to ground zero toxins.

“We have urged from the very beginning that the decision whether or not to include cancer be based on science,” said Mayor Bloomberg in a statement, adding that the decision “will continue to ensure that those who have become ill due to the heinous attacks on 9/11 get the medical care they need and deserve.”

Eighteen-year FDNY veteran Jeff Stroehlein spent several weeks working at ground zero, and is certain the brain cancer he has been fighting for a year is linked to his work there. The father of three welcomes the financial help the federal government will now be offering first responders with cancer, but says it should have arrived much earlier.

“The fact is, the government has turned their back for 11 years now,” he said. “I saw no politicians digging on the pile. If you saw a politician that was sick or on the pile, or their kid was sick or on the pile, this would have been solved months ago.”

Two more scientific studies are expected to be released shortly, which will determine whether more cancers should be added to the list, Senators Charles Schumer and Kirsten Gillibrand said in a statement.

“Today’s announcement is a huge step forward that will provide justice and support to so many who are now suffering from cancer and other illnesses,” they said.

About 400 residents and rescue workers have died from cancer since 9/11, according to the New York Post.

With cancer included in the program more victims are likely to seek compensation, which could cause individual awards to be reduced as officials divide up the $2.77 billion fund.

“They’re going to add cancers, but are they going to add more money to the fund?” Thomas “T.J.” Gilmartin, who suffers from lung disease and sleep apnea, said to the Post. “It’s crazy. Every time, we gotta fight. It’s two years since Obama signed that bill, and nobody’s got 10 cents.”

Stroehlein is now cancer-free and feeling well. But at 48, after being forced to give up a job he loved and facing an uncertain future, he’s focusing on speaking to lawmakers for his lost comrades, many of whom lost their life savings in their fight to survive after 9/11.

He’s also troubled by the uncertainty future first responders may face.

“Do you want to give up your life for a government that turned around and didn’t support you?”

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The 6 Things You Need To Do If You Are Exposed To Mercury

Elemental mercury is a silver, odorless liquid.

Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other chemicals) exposure. There are other forms of mercury, such as compounds found in contaminated fish, known as organic mercury and those are not covered by the guide.

Workers who experience a one-time sudden exposure to any chemical substance at work, should:

  1. Gather as much information as you can about the type and amount of exposure, including labels, Material Safety Data Sheets (MSDS), and the medical emergency phone number on the MSDS. 
  2. If you are feeling ill, seek medical attention at an emergency department (ED) immediately. It is best if a medical toxicologist is consulted as part of your visit to the ED. They can be reached for advice about treatment by having the healthcare professional contact the Poison Control Center at 1-800-222-1222. 
  3. You can call the PCC independently for recommendations as well.
  4. Once the urgent situation has been taken care of, you may contact the nearest occupational health clinic in New York State or in the country for recommendations and follow-up.
  5. This fact sheet is not a substitute for medical care. The purpose is to direct the exposed worker to the proper medical provider. 
  6. Report any exposure to your employer immediately. Complete an incident or exposure form. If none is available, write a memo informing them of the exposure incident (date, time, location, what you were doing in the area, and for how long). Keep copies and insist that documents are placed in your personnel files.

You can download a copy of the fact sheet by clicking here. It contains more information about the following topics: Continue reading →

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Surprising Findings On Baby Boomers and Worker’s Compensation (part 2)

The other week we shared a great post on baby boomers from our colleague Tom Domer of Wisconsin. Today we have Part 2 of this series. 

Recent NCCI stats shows that all groups of workers aged 35-64 have similar costs for work-related injury compensation.

The frequency of injury has steadily declined since the mid-1990s, with age group differences in frequency largely eliminated.  The decline in frequency has occurred for all age groups.  The differences among age groups in the early 1990s had almost completely disappeared by 2010.

A longstanding worker’s compensation maxim that “younger workers have much higher injury rates” is no longer true.  For example: the injury rate for workers age 55-64 was 16% lower than the frequency for all workers in the mid-1990s but actually 1% higher in 2010, indicating that the differences have clearly narrowed.

Lastly, in terms of severity of claims, older workers certainly cost more, primarily due to higher wages and increased medical costs for older workers.  The severity of medical costs Continue reading →

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The Reality Of Post Traumatic Stress Disorder

PTSD can be caused by traumatic events that happen anywhere - at war or in the workplace.

Today’s post comes to us from our colleague Len Jernigan of North Carolina.

The other week, Margaret Anderson, a Park Ranger at Mount Ranier National Park, was killed by an Iraq war veteran who may have been suffering from Post Traumatic Stress Disorder (PTSD). Her tragic death reminded me of several workers I have represented who had this condition after experiencing and/or witnessing horrific trauma in the workplace.

One was a 20 year employee of a public gas company who was heroically trying to fix a gas leak in a neighborhood when the gas line exploded and burned off most of his face. He healed but has flashbacks of the explosion, nightmares, depression and is constantly irritable. Before this event he was a great worker, a good family man and had a good sense of humor. He hasn’t been the same since.

Adjusters, employers, co-workers, attorneys and family members should understand that PTSD is a serious condition that needs immediate medical attention and that the failue to recognize and treat the condition can lead to tragic consequences.

Another client was on an assembly line in Raleigh, N.C. when an explosion sent a ball of fire racing through the plant. The ceiling caved in and a worker right next to her was crushed to death. Fortunately, because of workers’ compensation, these injured workers got timely medical and psychiatric care, but what about those workers who don’t get adequate and quick treatment? Continue reading →

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Surprising Findings On Baby Boomers and Worker’s Compensation (part 1)

You may be surprised to learn that age does not correlate with frequency of injury.

Today’s post is from our colleague Tom Domer of Wisconsin.

What is the impact on worker’s compensation from aging Baby Boomers who have postponed their retirement, working much longer than the previous generation? In a recent study by the NCCI (National Council Compensation Insurance) some interesting and surprising conclusions resulted. It is not surprising that the number of older workers is increasing. The study looked at the frequency and severity across age groups and tried to identify factors that accounted for the severity of injuries between older and younger workers.

Among the key findings are the following:

  • The major difference among age groups occurs between the 25-34 and the 35-44 age groups. All workers 35-64 appeared to have similar costs per worker. These reassuring findings suggest an aging workforce may have a less negative impact on the lost cost per worker than many analysts originally thought.
  • Many workers’ compensation professionals have the belief that younger workers have a much higher injury rate. That appears not to be true any longer. Differences in frequency by age have virtually disappeared.
  • The major factor involving older workers involves severity. Older workers tend to have more shoulder rotator cuff claims and knee injuries while younger workers have more back and ankle sprains.
  • Higher wages for older workers are a key factor leading to higher costs for older workers. On the medical side, more treatment per claim has increased medical costs.

The study indicated that older workers account for an increasing share of the U. S. workforce. In particular, the share of workers age 55-64 has been growing steadily. The number of workers age 45-54 has increased modestly. Workers over 65 were about 3% of all workers in 2000 and about 5% in 2010. Taken as a whole, the percentage of workers over 45 has increased from 34% in 2000 to 42% in 2010. (Our practice has seen a similar increase in older workers, many of whom must remain in their positions due to reduced or non-existent pension benefits, wage and benefit cuts, and an overall poor economy.)

For more on the working Baby Boomer generation, check back with us next week.

With over 30 years of experience representing injured workers in Wisconsin, Tom Domer was recently named the 2011 Milwaukee Workers’ Compensation Lawyer of the Year in Best Lawyers. Tom teaches the worker’s compensation course at Marquette University Law School, providing the instruction and training for many other lawyers. He lectures frequently around the nation. He also is a prolific writer, editing the national magazine Workers’ First Watch. He has co-authored over two dozen texts. Tom earned all his degrees in Wisconsin.

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Turn Your Home Into A Safe Winter Wonderland!

This holiday, decorate your home safely.

While many of you have probably already put up your tree, for those of you doing some last minute holiday decorating, we wanted to share a few tips from the U.S. Consumer Product Safety Commisssion (CPSC) to help you make the season bright safely.

CHRISTMAS TREES

  • When purchasing an artificial Christmas tree, check for a “fire resistant” label. While this doesn’t mean that the tree certainly won’t catch fire, it does mean the tree is resistant to burning.
  • When purchasing a fresh Christmas tree, check for freshness. Fresh trees are green, with firm needles that won’t bend or break between your fingers. The bottom of a fresh tree is sticky with resin, and fresh trees shouldn’t lose many needles when tapped on the ground.
  • Place your tree away from fireplaces, vents, and radiators.
  • Heated rooms dry out fresh trees quickly, so make sure to keep the stand you’re your tree is in filled with water and check water levels daily.

HOLIDAY LIGHTING

  • When purchasing holiday lights, make sure only to use lights purchased by a nationally recognized testing agency such as UL or ETL
  • Use newer lights that have thicker wiring and safety fuses to prevent overheating.
  • Check new or old lights for broken or cracked sockets, frayed or bare wires, or loose connections. Throw away damaged sets.
  • Only use lights certified for outdoor use outside. Only plug Continue reading →

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Tornadoes: What Would Happen to Mark Lindquist in New York State?

Last week's tornadoes in the Southeast remind us that they can happen anywhere.

Thursday’s terrible tornado in North Carolina reminded me that these deadly events can happen anywhere, any time.

Workers’ compensation and tornados have been in the news a lot lately, partly because of the case of social worker and first responder Mark Lindquist, his miraculous survival, and his fight for workers’ comp.

Lindquist was at work when a deadly tornado touched down in Joplin, Missouri, last spring. That night he heroically saved 3 developmentally disabled adults, but in the 200 mile an hour gusts Lindquist lost all of his teeth, broke every rib, and ended up in a coma that lasted several months. His medical bills amounted to $2.5 million.

The Accident Fund Insurance Company of America, his company’s workers’ comp provider, initially denied the claim. However, recent news reports and public outrage resulted in a miraculous reversal by the insurance company on the issue of compensability.

So, what would have happened to Mark Lindquist if he had been employed in New York?

Well, in New York State Continue reading →

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