200912.27
0

Cashier Receives Workplace Injury Compensation Following Attempted Robbery

in Workplace Compensation Claims, Workplace Injuries

A 69 year old cashier at a Roadchef motorway service station has received £36,000 in workplace injury compensation for injuries received during an attempted robbery.  Roadchef admitted that it has not ensured a safe working environment.  The incident took place in March 2008 when three hooded youths attempted to steal money from the cashier’s till.  The cashier tried to uncover the youth so that his face would be caught on closed-circuit television. The cashier fell to the ground and hurt her knee in the resulting struggle. Another cashier shut the till and the robbers left with nothing. The victim needed injections for pain and physiotherapy and eventually retired under medical advice.

She needed steroid injections to help with the pain in her knee, had to undergo physiotherapy, and also suffers from arthritis.

The case demonstrates the need for employers to protect workers from potential violence.  The entire incident was probably avoidable with a proper risk assessment and robbery counter measures.

200911.21
0

American Companies Underreporting Workplace Injuries

in Workplace Compensation Claims, Workplace Injuries

The  U.S. Government Accountability Office (GOA) has issued a report that says that workplace injury statistics in the USA are inaccurate due to underreporting.

The study says that company doctors face pressure to conceal injuries at work – even if it means providing inadequate medical treatment.

GOA surveyed  504 occupational health practitioners , including company doctors and nurses, and found that more than a third said they were asked to provide insufficient treatment to workers so that injuries at work did not appear on company injury logs. Most of the respondees said they were pressured by company officials to downplay injuries or illnesses and over two-thirds said they knew of employees who feared disciplinary action if they reported injuries.

Another factor in underreporting is bonus programs that reward health and safety workers with bonuses if their workplace has no recordable injuries for a period of time.

Companies in the USA are required to record all workplace injuries that result in time off work or medical attention beyond first aid.  The Occupational Safety and Health Administration (OSHA) uses the data to target unsafe workplaces.

The benefit for companies of low accident rates include fewer safety inspections, improved competitiveness when bidding for contracts, and lower workers’ compensation insurance costs.

The GOA’s main recommendation was that inspectors must interview staff to ensure that companies are not underreporting.

200911.18
0

Municipal Workers Awarded $3.25 Million For Truck Accident

in Truck Accidents, Whiplash Injury Claims, Workplace Injuries

Two Buffalo Department of Street Sanitation workers whose garbage truck was hit by a commercial vehicle that broke a red light have obtained a compensation settlement of $3.25 million.

The workers were performing their sanitation duties at the time of the accident. They were seriously injured and both required spinal fusion surgeries as part of their treatment for  back, knee, neck and head injuries.

The defendant’s insurance company did not want to settle but an Alternative Dispute Resolution (ADR) process over eighteen months that finished when it was clear that the case was going to go to trial.

200911.17
0

Worker Awarded $8.4 Million for Foot Burns

in Compensation for Burns, Workplace Compensation Claims, Workplace Injuries

A welder called Ignacio Llamas was recently awarded $8.4 million as compensation for a workplace injury when he suffered severe burning when a molten piece of metal broke loose and slid down his foot.

The metal burned through a protective Tyvek suit, slid down Llamas jeans into his rubber boot, and burned the top of his foot. Llamas was working in a confined space and it took some time to remove his boot and take the molten metal off his foot.

Llamas was not wearing leather boots, which are usually worn by welders. Welders’ trousers usually fit over the top part of the boots to prevent anything falling into them. Llamas was wearing rubber boots that fit over the jeans, leaving a gap for falling debris. This made his employers negligent.

The incident occurred in February 2007 in Freeport and the legal relationships were complicated by various subcontracting agreements. The jury assessed blame between different parties – the  contractor Altair Strickland at 19 percent; Certified Safety Specialists at 50 percent; Llamas’ actual employer, Turnaround Welding Services at 30 percent; and finally Llamas at 1 percent,.  The jury effectively found that Llamas was not culpable for his  injury.

The employer Turnaround Welding was covered by a Worker’s Compensation program and Altair Strickland settled before trial for substantially less.

The injury was compounded when a Certified Safety Specialist employee instructed Llamas to attend a doctor who did not properly treat the wound after an emergency doctor said he suffered third-degree burns. The resulting infection compounded the injury.