Category Archives: Workplace Injury

In Complicated Times, Police Who Risk Their Lives Still Need Support

Last week was a very bad one for police officers across the country, starting with the separate police shooting of two unarmed men. These shootings – days apart in different parts of the country – sparked widespread outrage and protests throughout the country. 

While the investigation continues into the circumstances surrounding these civilian shootings, video evidence suggests the outrage over these shootings appears to be justified. The week ended with the assassination of five police officers in Dallas who were providing protection to citizens engaged in a peaceful protest over the shootings of the unarmed men. The gunman indicated he had killed the police officers in retaliation for the shooting deaths. This was the worst loss of life for the police department since September 11, 2001.  Additionally, seven police officers were injured in the attack.

These horrific events highlight the difficult job that police face every day. While not all police officers are perfect (in fact, who amongst us is?), most don’t begin their shifts with the mindset that they are going to kill a civilian. Most see their role as keeping the peace and protecting citizens. They do, however, wonder many times whether they will make it through their shift safely and return home to their loved ones.    Unfortunately, they are not always immune to death and injury.   

As an attorney who has represented many law enforcement officers injured on the job, I know the majority of them receive medical treatment and may have a period of convalescence, but then are able to return to work. However, some sustain serious and career-ending injuries. Most police officers in New York City and Long Island are likely a member of a Civil Service Retirement System. If so, and they become permanently disabled from performing their specific job duties, they may be eligible for a life-long disability pension.

There are many pension systems in the state, all with different applications, rules, procedures, and guidelines. Each disability pension has its own statute of limitations and guidelines for eligibility. There are different pensions available, ranging from one-third to three-quarters. Just because you were injured on the job does not mean you are automatically entitled to the three-quarter pension, which would enable you to receive 75% of your previous year’s earnings. 

Although not always relevant, how police officers are injured on the job can impact whether they are entitled to a three-quarter disability pension. Additionally, just because they were injured while working does not automatically mean they are entitled to a three-quarter disability pension. Factors that get taken into account are issue of causation, medical evidence from the officer’s own doctor, and the retirement system’s medical board. It is not always an easy process for our law enforcement personnel to receive reasonable retirement benefits, but it should be. Day in and day out, they protect the citizens of our cities and our states, putting their own lives at risk simply because they are dressed in blue. 

There is a huge spotlight this week on police, and rightfully so, as there is so much mistrust and anger regarding the recent events. There needs to be an honest, open dialogue where those aggrieved are given the opportunity to be heard without fear of reprisal, just as the police department needs to be given the opportunity to have investigations completed before a rush to judgment. While the majority of police officers are honest and hardworking, those who fail to uphold their oath should be punished.

Police officers are sworn to protect and serve; they run toward trouble when we run away from it. They patrol neighborhoods that are dangerous, riddled with crime, where we are taught to avoid them. They put their lives on the line every day, knowing they might never return to their families. Yes, this has been a very tough week. Let’s hope that future discussions help bridge the gap between our police and the citizens they are sworn to protect.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy  Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Senior Partner Jordan Ziegler Discusses Repetitive Strain Injury On Podcast

Jordan A. Ziegler, Senior Partner

Senior Partner Jordan Ziegler recently appeared on RSI Help, a podcast which shares news and information about repetitive strain injury. We have discussed this topic on this blog several times. In addition to listening to the podcast, you can also find out more information by reading these posts:

We also have a section on our firm’s website dedicated to providing you with information about Carpal Tunnel Syndrome, a common repetitive strain injury. In addition, Deborah Quilter maintains a site with helpful information at RSIHelp.com.

You can listen to the podcast here:

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Improving Construction Safety – A Path Reducing Unnecessary Injuries And Deaths

Partner Chris Latham Supports Construction Site Safety At City Hall Rally

As an attorney who has represented thousands of injured workers in my career, I have seen first hand some of the serious and deadly injuries that occur in the construction trade. Last year I wrote a blog on the construction trades and discussed a report issued by the New York Committee for Occupational Safety and Health (NYCOSH) claiming that while the construction industry employs less than 4 percent of New York’s workers, it claims nearly one-fifth of work-related deaths – making it the deadliest industry in the state. The report went on to mention that half of the fatalities were immigrant workers who did not have the protection of unions. Unfortunately, the past year has not seen any major improvements.    Injuries at construction sites are up 78 percent this year alone and there have been 16 deaths, mostly immigrant, non-union workers.  

The New York Times published an investigation on construction fatalities and noted that an increase in construction and the urgency to finish projects quickly has resulted in shortcuts and inadequate training for workers. Many of these workers have not been properly instructed or lack adequate supervision and are more likely to be injured or killed. The unions maintain that if these job sites were staffed with union trades, there would be a noticeable decrease in injuries and death. Those who are new to the union, called apprentices, work under the supervision of those who are senior and more experienced. While union projects may cost more than non-union jobs, unions point to the increase in accidents and deaths as a direct result of non-union contractors putting profits ahead of safety. 

If you work in downtown Manhattan you probably saw or heard about the Rally for Workplace Safety held on December 10. Thousands of construction workers united in a massive protest outside City Hall calling for safer work sites, better working conditions for construction workers, and union protection.  So many different trades were on site, all with the purpose of calling attention to unsafe workplace issues. My brother in law, a steam fitter who was present during the rally, noted that there was a procession with 17 coffins that represented the 16 who have already died, and one for the next unlucky worker. Before the protest, a hard hat was placed at the site of where each one of these workers perished.

Fortunately, there are some positive steps being taken. Councilman Rory I. Lancman of Queens has introduced a bill to compel the Buildings Department to report safety violations to the Occupational Safety and Health Administration (OSHA). Additionally, Councilman Corey Johnson of Manhattan, on his website noted that he is supporting legislation that would require workers at buildings taller than 10 stories to pass mandatory apprentice training overseen by unions.  

While construction trades will never be 100 percent safe, they most definitely can be safer.  These protests and legislation are a small but positive step in trying to decrease the likelihood of unnecessary injuries and death.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Partner Chris Latham Supports Construction Site Safety At City Hall Rally

Partner Chris Latham recently joined thousands of building trades workers, Councilman Corey Johnson, and Manhattan Borough President Gale Brewer outside City Hall to protest the deaths of workers on construction sites in 2015. 14 of the 16 workers who died on construction sites in 2015 were non-union workers.
 
The rally coincided with the announcement of a new bill, sponsored by Brewer and Johnson, that would obligate all workers on buildings taller than 10 stories to go through state-approved apprenticeships.
 
In her remarks, Brewer said “We have to raise safety standards and put in place measures that will ensure every worker on any sized building has safety equipment, proper training and proper quality supervision,” she said. “We have to set the bar higher.”
 
For more information about how you can help ensure that both union and non-union construction workers earn middle class wages, receive fair benefits, are properly trained and work on safe worksites go to http://www.middleclassstrong.com/.

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Action Needed To Ensure Sick 9/11 First Responders Receive Benefits

Animal Control Officer Diane DiGiacomo

A couple weeks ago, the Workers’ Compensation community was stunned over the outcome of the case of Animal Control Officer Diane DiGiacomo who developed cancer from exposure to toxins in the air after 9/11. Diane’s job was to search for and rescue pets near Ground Zero when many of the buildings surrounding the area were either evacuated or abandoned for weeks after the terrorist attack. 

Diane had filed a Workers’ Compensation claim after being diagnosed with breast cancer that had metastasized to her brain. The judge ruled that she was not entitled to New York State Workers’ Compensation benefits because she had not filed a timely claim. At the time of the ruling, Diane was bedridden and weighed a mere 60 pounds. Tragically, four days after the decision, she died as a result of her cancer. While my firm did not represent her, Diane’s tragic story touched many of us in the industry, whether as advocates for the injured worker or as defense counsel. What makes this case particularly sad is that the judge noted it was clear from the medical evidence that the cancer developed at least in part due to her exposure to the toxins in the air. Unfortunately, Diane was not entitled to Workers’ Compensation benefits because the deadline to register had passed.   

In order to be able to obtain Workers’ Compensation benefits for exposure after the 9/11 attacks, those who participated in the rescue, recovery, and clean up operations had to file a TWC-12 registration form prior to the current deadline of September 11, 2014. You did not have to actually be sick to file this form, but it preserved your rights if you worked in the area to file a claim later if you were found to be sick. It should be noted that the deadline has been extended twice because many of the illnesses such as cancer are slow starting and do not manifest themselves until many years after final exposure to toxins. The New York State Legislature has not extended this deadline again, at least as of this date.  

Officer DiGiacomo did not file her claim until sometime after September 11, 2014, because she was not actually diagnosed with cancer until after this date. According to the New York State Workers’ Compensation Board website, as of September 11, 2011, there were close to 49,000 WTC- 12 forms filed; however, hundreds or even thousands more may have been at the site doing rescue, recovery, and clean up and have not registered precisely because they were not sick as of the deadline or they didn’t know they had 9/11-related medical conditions. Perhaps it was based on their lack of understanding of the law or the opinion of some that they did not want to register because they somehow felt they would be taking benefits away from those who were already ill. Whatever the reason, it is imperative that the deadline once again be extended so that those who are currently ill, or become ill, have the full protection of the law.  

A bill introduced in the New York State Assembly by Assemblyman Peter J. Abbate, Jr., and co-sponsored by Assemblyman Phillip Goldfeder to extend the deadline to September 11, 2017, is still sitting in Committee. While Officer DiGiacomo did not live long enough to see the deadline extended, it is not too late to compensate her son and the rest of her family. Let’s make sure that those who helped get our city back on its feet are not forgotten.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Are Concussions Worth the Risk for Hockey Players?

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

Professional hockey, much like football, is considered to be a dangerous, high contact sport. With recent news of San Francisco 49er’s linebacker Chris Borland’s decision to retire at age 24 due to concussions, a lot of NHL players are feeling pressure to step-back and reevaluate if game-related concussions are worth the risk to their long-term health.

Carolina Hurricane’s 22 year-old forward Jeff Skinner has been side-lined three times for concussions since his first season in 2010-2011. Skinner’s teammate Brad Malone, a 25 year-old forward, considers his multiple concussions to be just “situations” and has made the decision to keep playing despite the risk of acquiring a long-term brain injury. According to the News & Observer, Malone stated, “If that situation was affecting my life at home and the people around me, then I think that’s when I sit down and sort of reevaluate.”

The danger of having too many concussions is that they can cause players to develop Chronic Traumatic Encephalopathy (CTE). CTE is a progressive degenerative disease of the brain that is caused by repetitive brain injuries, and according to Sportsmd.com CTE can cause symptoms and behaviors similar to Alzheimer’s disease and Parkinson’s disease. CTE is considered to be the only preventable form of dementia. Hockey players are faced with a serious issue: continue to play professionally or quit the sport for the sake of future quality of life.

Original post in the News and Observer by Chip Alexander 3/31/15

Read more about CTE here: http://www.sportsmd.com/concussions-head-injuries/chronic-traumatic-encephalopathy-cte-2/

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Understanding The Legionnaires’ Disease Outbreak

Most of us have heard the frightening statistics regarding the recent outbreak of Legionnaires’ disease in the Bronx.  As of this date, 12 people have died and more than 120 additional cases have been reported.   But what exactly is this mysterious malady affecting so many at one time and what are its causes?  

Legionnaires’ disease is a common name for a type of pneumonia caused by breathing in water mist containing the bacteria. It was named after a 1976 outbreak in Philadelphia during an American Legion convention that killed more than 30 people and sickened almost 200 more. Most of us rarely hear about this disease unless it is part of a large outbreak, but according to the Centers for Disease Control, anywhere from 8,000-18,000 people are hospitalized each year in the U.S. as a result of Legionnaires’.  The current outbreak in the Bronx seems to point to the building’s cooling towers that are used as part of their air conditioning, ventilation, and heating systems, but the bacteria can be found in almost any warm water system or device that disperses water including humidifiers, spas and whirlpools, and dental water lines. The disease is not contagious and can only be caused by breathing in the bacteria- laden vapor. 

The New York Committee for Occupational Safety and Health (NYCOSH) has put out a fact sheet for workers and unions. Workers performing routine maintenance on or in cooling towers and other water systems may need to wear respiratory protection. The Occupational Safety and Health Administration (OSHA) requires the employer to determine hazards and provide training programs if the use of a protective device is required. Additionally, there are recommendations regarding assessment of work sites for potential Legionnaires’ disease. Cooling towers should be regularly maintained and cleaned with the use of chlorine and unused water lines should be frequently flushed.

In this recent Bronx outbreak, the New York City Health Commissioner issued an order to all owners of buildings with cooling towers to disinfect all of them within 14 days of receiving the order and keep records of the inspection and disinfection. Those workers with the task of cleaning and decontaminating the towers are advised to wear protective respirators as well as rubber gloves, goggles, and protective clothing. 

Every worker is entitled to a safe work place. According to NYCOSH, certain groups of workers are at increased risk of exposure to Legionnaires’ disease, including those who maintain, clean, decontaminate, or work in close proximity to water systems and system components such as cooling towers, evaporative condensers, humidifiers, potable water heaters and holding tanks and pipes that may contain stagnant warm water.

Workers should be aware of Legionnaires’ disease symptoms, which include fever, headache, joint aches, and fatigue, that can deteriorate into difficulty breathing, chills, chest pain, and gastrointestinal symptoms. As Legionnaires’ is a type of pneumonia, it can be diagnosed with a chest x-ray and lab tests to confirm the bacteria. While most in the Bronx outbreak who died had a compromised immune system, early treatment with antibiotics can lessen the symptoms and improve the changes of recovery. 

  

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.   

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We’re Having A Worldwide Heat Wave: How You Can Stay Safe

A few weeks ago, I read about a crisis occurring in Pakistan and India. In Pakistan, a week-long heatwave killed more than 1,200 people and in India, the heat killed close to 2,200. Tens of thousands more were treated at area hospitals for heatstroke. It appears that the combination of prolonged temperatures above 100 degrees combined with power outages had a devastating impact on people.

As I read the news while sitting in the comfort of my air conditioned home, I thought briefly about the fact that we are all so lucky that events such as this rarely happen in this country. We have the resources and the alternatives available if we lose power or if we don’t have air conditioning during a heat wave. The City regularly opens up cooling centers or keeps City pools open longer so that residents are able to combat some of the more severe heat of the day.  However, not all of us are lucky enough to work inside where it is cool or engage in work activity that is not strenuous. What about those who work outside, or do heavy labor without the benefit of air conditioning? How do they protect themselves from the extreme heat that may be a part of their everyday work?

I was surprised to find out that each year, hundreds of people die due to heat-related illnesses and thousands more become ill. Outdoor workers are particularly vulnerable to heat stress.  According to the U.S. Department of Labor Blog, thousands of employees become sick each year and many die from working in the heat. In 2012, there were 31 heat-related worker deaths and 4,120 heat-related worker illnesses. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but can quickly escalate to heat stroke if precautions aren’t taken.

I am always surprised when I see firefighters on days with extreme heat fighting fires or see construction workers, road workers, or landscapers outside in the day-time heat engaged in strenuous physical. I often wonder how they are able to work without collapsing. The answer is that many of these workers become used to the extreme heat and are acclimated to it. Heat illness disproportionately affects those who have are not used to working in such extreme temperatures, such as new or temporary workers.

The Occupational Safety and Health Administration has a campaign to prevent heat illness in outdoor workers. It recommends providing workers with water, rest, and shade, and for them to wear light colored clothing and a hat if possible. OSHA advises that new workers or workers returning from vacation should be exposed to the heat gradually so their bodies have a chance to adapt. However, even the best precautions sometimes cannot prevent heat-related illness.   According to WebMD, signs of heat exhaustion include fatigue, headaches, excessive sweating, extreme thirst, and hot skin. If you have signs of heat exhaustion, get out of the heat, rest, and drink plenty of water. Severe heat illness can result in heat stroke. Symptoms of heat stroke include convulsions, confusion, shortness of breath, decreased sweating, and rapid heart rate, and can be fatal, so please be aware and seek immediate medical attention if you have any of these symptoms.      

For those who work outside in the boiling heat, heat illness can be prevented. However it can also kill so please be careful and remember – water, rest, and shade. 

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Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.   

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