According to one metric, which we posted about earlier, Louisiana workplaces are among the safest ones in the country. But according to another survey, the Bayou State is almost literally a deathtrap for workplace injuries.
The National Institute for Occupational Safety and Health reported that only Arkansas has a higher workplace death rate than Louisiana’s 6.8 incidents per 100,000 workers. In general, most all states in the Southeast have job injury death rates that well exceed the national average, which is 3.8 per 100,000. Motor vehicle crashes and other transportation incidents are the leading cause of workplace death in Louisiana and elsewhere, followed by contact with equipment or objects, workplace violence, falls, and exposure to hazardous substances.
Study authors suggested that more research go into the causes of, and solutions for, fatal workplace injuries.
Compensation for Fatal Workplace Injuries
No amount of money can begin to compensate for the loss of a loved one, but the money available through the workers’ compensation system at least provides a little extra economic security. Since that is one of the biggest reasons the departed loved one went to work every day, that added security is a good way to honor the decedent’s memory.
There are two types of fatal workplace injuries: persons who die almost immediately because of their injuries, and persons who are seriously injured and succumb to their work-related injury or illness within two years. In both these instances, surviving spouses and children typically receive a weekly stipend based on the decedent’s contributions during the past twelve months; if there are no surviving spouses or dependents, each surviving parent usually receives a $75,000 lump sum payment. In all these cases, workers’ compensation also pays all funeral and burial expenses up to $8,500.
Workers’ Compensation System
When these laws first appeared about a hundred years ago, injured workers rather quickly received substantial compensation for their economic losses, thus offsetting the fact that they could not sue for noneconomic damages, because of the “exclusive remedy” doctrine. But over the years, benefits incrementally went down and the time required to process workplace injury claims incrementally went up.
As a result, some victims are challenging workers’ compensation systems. The Florida Supreme Court recently ruled that a key attorneys’ fee provision was unconstitutional, because it effectively denied victims competent representation in these matters.
Such reform movements have not yet come to Louisiana, because on balance, benefits are sufficient to get workplace injury victims healed and back to work in a reasonable amount of time. But as the Florida case illustrates, only an aggressive attorney gives victims a fair chance when they go up against large insurance companies, whether it is in a negligence trial or at a workers’ compensation hearing.
Employers must pay compensation when their workers are injured or killed on the job. For a free consultation with Lee Hoffoss or another experienced personal injury attorney in Lake Charles, contact Lee Hoffoss Injury Lawyers. After hours appointments are available.
Workplace Injury
Reckless Injuries To Sewer Workers
Federal authorities ordered Don M. Barron Contractor to pay over $152,000 in fines after investigators determined that bosses sent workers into a potentially dangerous work injury situation; two of them fell seriously ill after they inhaled toxic fumes.
The Occupational Safety and Health Administration issued seven safety citations: six for serious violations and one for a willful violation. Investigators concluded that the company sent sewer workers into a confined space without first testing the atmosphere. Two employees completely lost consciousness and were rushed to nearby hospitals. “This employer must take responsibility for making sure these types of injuries and the potential for loss of life do not happen again,” declared OSHA area director Dorinda Folse. [Read more…] about Reckless Injuries To Sewer Workers
The Bayou State: A Great Place To Work
The workplace accident rate in Louisiana dropped to its lowest rate in fourteen years, according to the Bureau of Labor Statistics.
Only the District of Columbia had a lower workplace accident rate than Louisiana’s 1.9 per 100 full-time workers. That figure is almost half the national average, and Louisiana has been below the national average since recordkeeping began. Louisiana Workers’ Compensation Executive Director Ava Dejoie remarked that the encouraging numbers are but another step in the ongoing effort “to continually improve safety until we reach zero incidents.” In terms of specific sectors, workplace accidents declined almost all across the board, including real estate (0.9 decrease), retail trade (0.6), professional services (0.5), and management (0.4). [Read more…] about The Bayou State: A Great Place To Work
I Wish I Could Hear You…
22 million American workers suffer partial or total permanent hearing loss on the job each year, making this condition the most common workplace injury claim.
The number of claims – which come largely from construction, manufacturing, and mining operations – cost an estimated $242 million per year, according to the Department of Labor. In response, the government has launched an aggressive educational campaign designed to help employers know about available noise-reduction technologies. However, critics say that poor regulation, and not technological underutilization, is to blame. They want the Occupational Safety and Health Administration to update its maximum noise-exposure workplace injury rules to more accurately reflect current conditions and also account for exposure to non-work noise that adds to the cumulative exposure risk. OSHA says that it is considering such actions. [Read more…] about I Wish I Could Hear You…
EMT Suffers Fatal Workplace Injury
Unfortunately, the ambulance came down on top of the EMT. After the 44-year-old man was freed from under the heavy vehicle, he was rushed to a hospital in the area. Despite the efforts of medical personnel at West Jefferson Medical General Hospital, the man did not survive the injuries he suffered in the accident. The incident, which is being classified as an industrial accident, was still under investigation at last report.
Because this appears to have been a workplace injury, the victim’s surviving family members are likely eligible for benefits from the Louisiana workers’ compensation system. Any benefits received could help with the costs associated with his funeral and burial, along with the loss of the victim’s income. The system can be frustrating and challenging to navigate unless an individual is familiar with it. Therefore, it would be beneficial for this man’s surviving family members to enlist the advice and assistance of a workers’ compensation attorney to help ensure that they receive all of the benefits to which they are entitled.
Preventing a Workplace Injury for Communication Tower Workers
As cell phone technology improved, and the demand for them increased, so did the need for communication towers to expand and maintain the continuity of service around the country and here in Louisiana. This formerly specialized industry has grown exponentially in the last 30 years. Along with that growth, the possibility for a workplace injury has also dramatically increased.
Communication towers can reach heights of more than 1,000 to 2,000 feet. This means that the workers who erect and maintain them are often working at heights of 100 feet or more. This puts the risk of falling from those heights at the front of the line for the cause of injuries. However, other hazards exist as well.
These employees are required to work in inclement weather, which has its own hazards and also makes a tower’s surface even more treacherous to climb. Electrical hazards, equipment failure and the possibility of the tower collapsing also put workers at risk. It is also necessary to hoist equipment and parts up the tower, and if they are not properly secured, those objects could fall and cause injury to unsuspecting workers below.
If you work in this industry and suffer a workplace injury, or you lost a family member in an on-the-job accident, your financial situation could be adversely affected. The Louisiana workers’ compensation system provides benefits to injured workers for medical treatment and other expenses related to your recovery. Different benefits are available, depending on the severity of your injury. If you are a surviving family member of a worker who died, benefits may be available to you as well. An attorney can review your situation and help you pursue all of the benefits to which you may be entitled.