Category Archives: Workplace Injury

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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Misdiagnosed Worker Can Amend The Cause Of Injury More Than 2 Years Later

It isn't always easy to know what is causing pain. Multiple doctors may get it wrong. Be persistant.

The Appellate Division Third Department issued a decision last week (Searchfield v. Lowe’s Home Centers) that is interesting case because it pertains to the establishment of an injury that was originally misdiagnosed.

In October 2005, an employee was injured at work while lifting a hot water heater. As a result of the injury the employee went to the emergency room. He was diagnosed by an emergency room physician with myofascial strain of the legs and hips. A November 2005 physician’s report diagnosed the claimant with hip/thigh sprain and sciatica. The later medical reports focused on the groin, lower back and leg pain.

In July 2006, a Law Judge established the claim for a work related injury to the claimant’s lower back. However, the employee continued to report worsening symptoms in his hip area. In 2009, the claimant saw an orthopedic surgeon. The doctor performed a MRI of the right hip. The MRI revealed a right hip labral tear that required surgury. According to the surgeon the claim was originally misdiagnosed and the claimant had, in fact, sustained injuries to his right hip as a result of the October 2005 accident.

The claimant applied for a hearing to amend the claim for the right hip. The Judge ruled that the right hip claim was time barred (pursuant to Workers’ Compensation Law Section 28). This states that a claim for a causally related condition must be made within two years of the date of accident. On appeal the Board Panel reversed and the Appellate Division affirmed the Board Panel.

The Appellate Division stated that the early medical reports reflect initial concerns relating to the claimants hips. Also there was supporting medical evidence that the claimant’s ongoing pain was the result of a labral tear in the right hip, a condition which is often misdiagnosed as a low back injury. The Court went on to add that the claimant could not have filed a claim for a causally related right hip injury at the time of the accident because it was not properly identified and diagnosed.

This case is important as it allowed the amendment of a claim for a serious injury that misdiagnosed early on in the case.

You can find the entire court decision here.

 

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If You Have Symptoms, Tell Your Lawyer Immediately!

If You Have Symptoms, Tell Your LawyerWe represent a client whose hands were directly injured a few years ago. The insurance company, as part of its defense, is raising a provision in the law which requires an injured worker to file a claim for a direct injury within two years of the accident (WCL § 28). While interviewing the client, we learned that she had been feeling symptoms in her hands years ago, at the same time as she began experiencing the symptoms to other areas of her body. But because she only mentioned that her hands hurt now, we may not be able to get her the compensation she deserves.

Our client told me that originally brought up the symptoms of numbness, tingling and weakness in her hands with her doctor, but he felt these symptoms were related to her neck, another

If you are hurt, tell your attorney everything, even if you aren’t sure if it is relevant.

area where she was injured. The doctor tried to treat her hand symptoms by treating her neck first. He Continue reading →

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The Hidden Dangers Of Holiday Employment

Crowds of last minute shoppers make dangerous conditions for workers.

Our post for today comes to us from our colleague Jon Gelman. Seasonal employment can provide welcome income during the holidays, but it can bring dangerous working conditions along with it.

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally, benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

As Eve Tahmincioglu recently pointed out, “employees who end up in retail stores often face grueling conditions Continue reading →

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Dangerous Beauty Part 2: Why you don’t want to be anywhere near the formaldehyde in a Brazilian Blowout

The formaldehyde in Brazilian Blowout products is dangerous for both stylists and their clients.

Today’s post comes to us from our colleague Charlie Domer of Wisconsin.

This is the second installment in our series on the dangers of hair-straightening products with formaldehyde.

For many of us, the word formaldehyde conjures up images of high school biology class, and glass jars full of preserved frogs. But for Molly Scrutton, a stylist from Portland, Oregan, it most likely calls to mind the sore throat and aching chest she felt after giving her clients the Brazilian Blowout hair treatment.

After investigating and learning that other stylists had suffered from similar symptoms, Scrutton reported it to local health officials. Since then, Brazilian Blowout has been found to contain over 10 times the amount of formaldehyde considered safe.

Turns out formaldehyde is pretty nasty stuff. Here’s why:

Formaldehyde does terrible things to the body.

Formaldehyde can irritate the eyes and nose, causing coughing and wheezing. It can cause allergic reactions of the skin, eyes and lungs, such as asthma-like breathing problems, skin rashes, and itching. Effects reported by users of formaldehyde-laced hair straightening products include eye disorders, nervous system disorders, respiratory tract problems, chest pain, vomiting and rash. If you have been exposed to a hair straightener and suffer from any of these symptoms, you should seek medical treatment immediately.

Sometimes the effects of formaldehyde exposure are irreversible or fatal.

When formaldehyde is sprayed into the eyes, it can cause blindness. It is also a known carcinogen, and has Continue reading →

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SeaWorld killer whale attacks expose incomplete incident reporting

SeaWorld is defending itself against accusations that inadequate safety measures were to blame for a trainer's deathThis week a trial began in Florida between SeaWorld theme parks and the Occupational Safety and Health Administration(OSHA). The trial is over several citations and a fine stemming from incidents in which killer whales (also known as orcas) killed or injured trainers at SeaWorld water parks. Most recently, on February 24, 2010, a giant killer whale named Tilikum gruesomely killed trainer Dawn Brancheau by grabbing her ponytail and pulling her under the water in front of a horrified audience.

In August of 2011, SeaWorld was fined $75,000 by OSHA for three safety violations, including one in connection with Brancheau’s death. The agency’s investigation “revealed that SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities,” the OSHA statement said. Continue reading →

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Employee Penalized For Not Following Safety Rules

In this guest post our colleague Jon L. Gelman of New Jersey highlights a worrisome recent ruling. In the state of Missouri, if an employee does not follow their employers’ safety rules and is injured, their award may be significantly reduced. He points out that this logic works in opposition of what the workers’ compensation act was originally supposed to do, which is to protect workers. With that as its goal, “It would be far more logical to… prevent the unsafe work in the first place.”

An employee’s workers’ compensation award maybe be reduced for failing to follow an employer’s safety rules.

An employee’s workers’ compensation award maybe be reduced for failing to follow an employer’s safety rules. A Missouri Court ruled that reducing an injured employee’s award by 25% to 50% for failing to follow an employer’s safety rules was not unconstitutional. Continue reading →

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