7 Tips For Staying Safe In The Workplace
Regardless of whether you work at a desk or operate heavy machinery, the workplace poses safety hazards that could lead to injuries. To stay safe and avoid injuries, here are a few tips every employee should keep in mind.
- Use equipment, machinery, and tools properly
Don’t think that you can figure out how to use equipment properly on the fly. No matter your experience level in the industry, it’s important to approach every new piece of machinery with caution. Take the time to learn how the equipment works and take the necessary steps to protect yourself and others.
- Report unsafe conditions immediately
If you see unattended machinery, loose cords, cluttered spaces, broken glass, spilled liquids, broken lights, or uneven surfaces, report these safety hazards to your manager or supervisor.
- Stay hydrated
Staying hydrated helps you stay alert and focused. Keep a bottle of water nearby to remind yourself to drink water regularly.
- Practice good posture
Whether you’re sitting for long periods of time or lifting heavy objects, it’s important to use the right posture. Use an ergonomic desk and keyboard to minimize strain on the wrists and arms. Remind yourself to sit up straight and keep the shoulders in line with the hips when moving objects. A habit of poor posture will strain the back, neck, and shoulders, leading to serious injury.
- Take regular breaks
Working nonstop may seem noble, but in fact it’s counterproductive. Without regular breaks, employees tend to get distracted, careless, and fatigued, which increases the risk of injury. Take short walks and avoid using your phone during your breaks.
- Be aware of surroundings
If you’re working in a busy environment with many moving objects and people, it’s important to look out for the following:
- Signage indicating hazardous areas and materials
- Emergency exits and procedures in case of a fire, flood, or earthquake
- Unsecure railings
- Items blocking hallways and passageways
- Avoid shortcuts
If you’re running behind schedule, you may be tempted to skip a few steps to catch up. But those steps could be the difference between safety and an injury. Don’t take shortcuts and always follow instructions for using tools and machinery.
3 Key Milestones in Worker Safety
The Industrial Revolution brought many changes to the workplace that accelerated production but also increased the risk of injury and even death. Dangerous work conditions led to the creation of workplace safety laws that continue to shape working conditions today.
- Employers Liability Law
The Federal Employers Liability Act (FELA) was passed in 1908 to protect railroad workers supporting the rapid expansion of the nation’s railway network. Under the law, employers could be held liable for worker injuries and death on the job. Employers were also required to compensate injured workers and their family members. However, employees were required to prove employer negligence to receive benefits.
- Workers’ Compensation
Workers’ compensation insurance was created in Germany in 1870 and spread across Europe in the late 19th century. The first comprehensive workers’ compensation law in the US was passed in Wisconsin in 1911. In 1948, workers’ compensation insurance was available in all states. The workers’ compensation system gave injured workers access to medical care and wage replacement benefits.
Today, workers’ compensation insurance is regulated at the state level and most employers are required to provide coverage.
- Safety Agencies
Throughout the 20th century, many government agencies and non-governmental organizations were established to monitor workplace safety and enforce compliance. The three main safety agencies in operation today are:
- The US Department of Labor (DOL)
The DOL offers resources and training for job seekers and retirees and sets wage standards. Its mission is “To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.”
DOL oversees numerous offices, agencies, and program areas to fulfill its mission.
- The Occupational Safety and Health Administration (OSHA)
Part of the DOL, OSHA was established in the 1970s to enforce the Occupational Safety and Health Act. OSHA sets workplace safety standards and enforces policies to keep employees safe and healthy. The administration also provides training, outreach, education, and signage to employers.
- The National Safety Council (NSC)
This non-governmental, non-profit, member-driven organization promotes health and safety by providing safety training, conducting research, and offering tools to mitigate risk. NSC also engages in government advocacy across national and local levels to drive awareness and create policies that support workplace safety.
California Workers’ Comp Laws vs. Other States
In the US, workers’ compensation is regulated at the state level. This means states have widely differing workers’ compensation laws. In most states, with the exception of Texas, employers are required to carry workers’ compensation insurance.
Depending on the state, employers are required to make regular payments to a private insurance company or a state fund. These payments help cover the benefits paid out to injured employees. Benefits may include compensation for lost wages, medical bills, disability, and even death.
Typically, employers covered by workers’ compensation insurance must file a claim with the insurance company and forfeit their right to sue the employer in most cases. To avoid lawsuits, fines, and criminal charges, employers are required to know and understand local regulations governing employee rights.
How Workers’ Comp Laws Differ Across States
Generally, the differences between workers’ comp laws across the US can be broken down into the following questions:
- Is workers’ compensation coverage required or optional?
- Which employees must be covered by workers’ compensation?
For employees working in high-risk industries like farming and construction, workers’ compensation is generally required. Some states, like Wisconsin and Montana, distinguish between low-risk and high-risk industries to determine workers’ compensation requirements.
Other states, like Tennessee, Alabama, Missouri, and Mississippi, only require workers’ compensation for businesses that have at least five employees. In some cases, the five employees must be working full-time.
States like California, New York, and Connecticut allow employers to exclude high-level workers from workers’ compensation insurance as long as they provide the correct documentation. Corporate officers, directors, and LLC members may be excluded from workers’ compensation coverage.
States also treat general contractors and sole proprietors differently. In most states, sole proprietors aren’t required to carry workers’ compensation insurance.
California’s Approach to Workers’ Compensation Requirements
California has few exceptions for workers’ comp coverage, compared to other states. For example, every employer with at least one employee is required to carry workers’ comp coverage.
The state also doesn’t distinguish between high-risk and low-risk industries to determine coverage requirements. However, insurance companies will assign different rates to determine the insurance premium based on the risks in the workplace.
Why CA Workers’ Comp Investigation Timeline May Change
The length of time it takes to investigate a workers’ compensation claim varies depending on the type of injury reported, the circumstances surrounding the accident, witness availability, the extent of the medical conditions, the availability of documentation, and the cooperation and availability of all parties involved.
California bill SB 1127 would reduce the investigation period for claims in which workers have a presumption of compensability to 75 days from the employer notification of the injury. In other claims, the investigation period would remain at 90 days.
Challenges With Workers’ Comp Investigations
The California Workers’ Compensation Institute (CWCI) conducted a study that found potential problems associated with reducing claim investigation time frames; these include:
- Litigated and denied claims require significantly more time to gather reports and documentation from outside sources. Only 49.2% of litigated claims that are eventually denied have a compensability decision at 75 days.
- Employers are currently liable for up to $10,000 of medical treatment for a claimed injury during the investigation period, regardless of the insurance company’s final decision. Reducing the time frame would reduce the amount of time workers whose claims are eventually denied have to receive $10,000 worth of medical care.
How Workers’ Comp Investigations Proceed
A workers’ comp investigation looks at video surveillance, online social media channels, interviews, and medical reports to determine whether the claim should be approved or denied. The insurance company’s claims team is checking to see if the injury is fake or exaggerated if the injury is job-related, and if the employee is still working.
Investigators will watch employees coming and going from home and doctor’s offices. In addition, they will review the injured employee’s online posts, tagged photos, status updates, and other online activities. Investigators will also interview employees over the phone or in person to see if the injury is valid and work-related. Workers’ comp claims teams may also interview the injured employee’s relatives, close friends, coworkers, and neighbors to learn more about the employee and identify potential fraud.
Legitimately injured workers don’t need to worry about the claims investigations process. Hiring an experienced work injury lawyer in Orange County, CA will help ensure they have a solid case and receive the compensation they deserve. Call Thomas F. Martin, PLC today to schedule a consultation.
Hospitality Workers Are At Higher Risk For Work Injuries
Competition for customers in the hotel and restaurant industries, particularly as we emerge from the COVID-19 pandemic, is intense, and the pressure on workers to get work done puts workers at great risk for injury and repetitive motion conditions.
Working in a restaurant and/or hotel is incredibly physical. Prolonged weight bearing, pushing and pulling carts, making beds, cleaning rooms and bathrooms, lifting and carrying heavy items, high risk of slip and falls, vacuuming, and burns are unfortunately common activities that can cause injuries. Repetitive motion injuries – also known as cumulative trauma injuries – are also common. Injurious conditions can include:
– Back and neck damage
– Wrist and hand conditions ( such as carpal tunnel syndrome)
– Chemical exposure/lung injury
– Knee injuries
– Shoulder and elbow injuries
Thomas F. Martin, PLC has helped many hospitality workers obtain workers’ compensation benefits for their injuries.
Your free and confidential consultation is available by calling 714-547-5025.
What Type Of Death Benefits Are Included In Workers’ Compensation?
Losing a loved one is difficult for everyone. Especially when it happens suddenly on account of an unforeseen accident, it is more painful to know that the person could have had a great life ahead. Such accidents are avoided by many but sometimes the worst happens. Workers in construction, factories and shop floors are the most vulnerable to such accidents. Whenever a worker dies, it is the duty and moral obligation of the company to provide his or her dependents with workers’ compensation death benefits. Here is some more information on death benefits included in workers’ compensation.
Why does one receive death benefits?
When a person dies at work, ANYONE who was dependent on them for financial support may be entitled to workers’ compensation death benefits.
Who is eligible for the death benefits?
People who were partially or totally dependent on the deceased may be entitled to death benefits. By law, some relatives are automatically considered to be totally dependents and these are:
· A child under the age of 18
· A child of any age who is physically or mentally challenged to be able to work or earn a living
· A spouse who earned less than $30,000 in the 12 months before the deceased’s death.
· Other individuals qualify for being total dependents or partial dependents but in general, they must be a part of the household, a relative by blood, marriage, or adoption. And if a person relied on the worker in full or partial, they become a dependent entitled to benefits.
What amounts are included in death benefits?
· Burial Expenses: The Workers’ compensation insurance company has to provide expenses incurred by the family for the funeral. Burial expenses up to $10,000 is provided as compensation.
· Death Benefits: Generally (there are exceptions) the benefits are: One total dependent, $250,000; two total dependents, $290,000; for three or more, $320,000 is paid by the insurance company. This amount is released in installments but not less than $224 per week, and under certain circumstances awarded in a lump sum.
· A partial dependent may receive four times the amount they received from the deceased as financial aid.
Thomas F. Martin is an experienced attorney working for workers injured on the job and has worked in the field for over 25 years. If you need any help or information on workers’ compensation, call us for a free case evaluation today.
What To Do And What Not Do After Being Injured On The Job
Your on-the-job training should cover some safety precautions about how to avoid workplace accidents and injuries. But, if your workplace is like many others, it will only brush upon what to do after an on-the-job injury and your rights as an injured employee – if at all. We have compiled a helpful and easy-to-follow list of steps that should be taken after an accident or injury that occurs either in your workplace or while you are performing work-related duties.
Hurt in a workplace accident? Consider these general steps:
- Get help: If your injury is severe enough to require immediate medical attention, get it as soon as possible. Some people hesitate to call 911 or be taken to a doctor because they do not know if the medical treatments needed will be covered under workers’ compensation law or insurance benefits. Please do not jeopardize your own health. Always call for help when you need it, no matter the circumstances.
- Tell your supervisor: Every state has its own guidelines as to how long you can wait before telling your boss, supervisor, manager, or superior about a workplace accident as soon as possible. Generally, the longer you wait to report the injury, the more challenges to the claim can arise. If you do not have a chance to immediately tell your supervisor, then you should tell a trusted person to do it for you, and follow up when you can.
- Double-check with your employer: Even though you are the one who was injured and who filled out an injury report for your company, your employer should report it to its workers’ compensation administrator. You should be given paperwork that confirms that the injury was reported.
- Follow-up appointments: Comply with your doctor’s orders while recovering from your injuries. If you have questions, ask the doctor.
- If you are being ignored, get help.
Thomas F. Martin, PLC – an Orange County workers’ compensation firm – has been fighting for the rights of injured employees for more than 25 years. Call 714.547.5025 to schedule a free consultation today.
Smart Workplace Safety Tips To Help Prevent Common Accidents On The Job
At Thomas F. Martin, PLC, Orange County Workers’ Compensation Attorney Thomas Martin has helped many injured workers seek fair workers’ compensation benefits after being in a workplace accident. But no matter how much we enjoy our job and serving injured workers, it would be better if there were no on-the-job accidents in the first place. After all, workplace safety is ultimately the responsibility of employers, supervisors, regulators, and parent companies.
Keep these general tips to avoid common workplace accidents in mind whenever on-the-job:
· Slip and trip accident prevention: From retail stores to office locations, slip hazards are a real problem for employees that can result in serious injuries. All walkways should be well-lit, clear of clutter and cables, and dry. If there is a slip hazard, safety cones should be placed around it to prevent people from walking there until the issue is fixed.
· Ergonomic equipment: Repetitive stress injuries (also known as cumulative trauma) have proven to be a health hazard for office workers, especially carpal tunnel and similar wrist and hand conditions that come after long hours spent at a computer. Ask your supervisor for ergonomic equipment that is designed to prevent repetitive stress injuries in particular.
· Full shutdown: Whenever someone services, empties or cleans a piece of heavy machinery, or any equipment with sharp parts, it should be completely shut off, unplugged, and locked out, when possible. Only the person actually servicing the equipment should carry the key to the lockout system, ensuring no one else could possibly turn the machinery back on.
· Stay together: If your job requires you to scale heights, cross precarious planks, or enter any otherwise dangerous area – all hazards common to construction and industrial jobs – you should stay close to a coworker as much as possible. In case there is an accident, someone will be there to call for help immediately.
· Medical kits: There should be ample medical supplies at every workplace for first-aid care and intervention. The larger the worksite, the more first-aid kits there should be. Ideally, it should not take more than one minute for an able-bodied person to reach medical supplies and bring it back to the accident site.
Even with all the best preventative measures in place, you may still get hurt in a workplace accident. The injury can also arise from someone else’s negligence. If you need professional assistance in a workers’ comp claim, appealing one that was denied, or fighting for compensation in the courtroom, know that Thomas F Martin PLC – Orange County workers’ compensation attorney – can help. Learn more about your rights and options today during a free case evaluation – just call 714.547.5025 to begin.
What Every California Employee Needs to Know About Workers’ Comp
While the workplace has become safer over the past few decades, and worker injury rates have decreased, obviously injuries still occur on a daily basis.
The workers’ compensation system is complex, and a work injury lawyer in Orange County can be of assistance in navigating the California workers’ compensation system. Almost like your “tour guide” through the system.
Here are some general answers to common questions:
1. What is workers’ compensation?
Workers’ compensation is a form of protection for employees that employers must have to pay for workers that are injured on the job. Wage replacement benefits are provided as well as medical treatment at not cost to the injured employee.
2. What should I do if I’m injured at work?
A Worker who gets injured at work or sustains a work-related illness should tell their supervisor as soon as possible and fill out a claim form. Prompt reporting will help the worker gets the medical care and benefits they deserve. The employer should investigate the accident and immediately file your claim with their insurance company. Once the employer receives the completed claim form from the employee, they are required to fill out their portion of the form. Workers who need medical treatment should get it immediately.
3. Do I need to fill out the DWC 1 claim form?
Workers generally must complete the DWC 1 claim form to start the process of obtaining benefits. Otherwise, the employer may later say they didn’t know about the injury or illness you reported.
4. What kinds of benefits am I eligible for?
After reporting a work injury, a worker may be eligible for the following immediate benefits:
· Up to $10,000 in treatment while the claims administrator investigates the claim.
· Wage replacement benefits if a physician determines that injury prevents working, or the employer refuses to honor your work restrictions.
If the claim is accepted, injured workers may qualify for the following benefits:
· Continuing medical treatment
· Temporary disability benefits
· Permanent disability benefits
· Future medical care
· Supplemental job displacement benefits
· Other benefits required by law
5. Do I need a workers’ comp lawyer?
Injured workers should consider obtaining a free consultation with an Orange County workers’ compensation lawyer if:
· The physician assigned to the case is not providing appropriate treatment
· Treatment is being denied by the insurance company
· The employer or insurance carrier denies the accident or injury is work-related
· The employer doesn’t file the necessary paperwork on time
· It appears there will be permanent disability
· The settlement doesn’t cover all lost wages and medical bills
· They have a preexisting condition the insurance company is using as an excuse not to pay benefits
· They plan to file for Social Security disability benefits
· The employer retaliates against the injured worker even though the injury or illness is work-related
· Another person or company may be responsible for the injury
Your rights can be lost if a claim is not pursued promptly. Delays in making a claim may result in the statute of limitations barring the claim forever. Act promptly.
Recent Strike By Republic Services Sanitation Workers In Orange County
In November of 2021, over 400 sanitation workers employed by Republic Services at facilities in Anaheim and Huntington Beach voted to authorize a strike against the company. The workers’ contract expired in late September and was followed by multiple contract bargaining sessions.
Workers were concerned about excessive working hours and alleged persistent harassment in the workplace. Members of Teamsters Local 396 called attention to the large pay gap between the CEO and the company’s worker. In 2020, the CEO’s total compensation was over $12 million and 154 times the pay of an average worker. That same year, Republic Services grossed over $10 billion with $1.2 billion in net profit. In addition, the company spent more than $736 million buying back its stock.
Republic Services is the second-largest trash collection, disposal, and landfill company in America, with facilities in over 40 states. More than 7,000 Republic workers nationwide are represented by the International Brotherhood of Teamsters.
Ron Herrera, Secretary-Treasurer of Teamsters Local 396, said, “Teamsters working at Republic Services across Orange County are sending a strong message that they are ready to do whatever it takes to secure a fair contract. Republic Services needs to take negotiations seriously to ensure that these essential heroes who work hard to keep our cities clean and protect our environment get a fair contract.”
The Orange County strike had five members traveling to Republic’s hauling yard in New Orleans and putting up a picket there, while other workers extended the picket line to Republic’s recycling facility in Anaheim.
In December of 2021, more than 450 sanitation workers at Republic Services’ waste hauling yards in Anaheim and Huntington Beach ratified new collective bargaining agreements after a seven-day strike protesting the company’s unilateral changes without bargaining and threatening to retaliate against employees participating in union activity.
According to a press release, the new contracts include significant wage increases and other improvements.
Soon after the new contracts were ratified, more than 250 workers at Republic Services in San Diego went on strike demanding a fair contract.
Chuck Stiles, Director of the Teamsters Solid Waste & Recycling Division, said, “The strike in Los Angeles may be over, but Teamster members across America are fed up and will continue to take action until the company stops breaking the law and is willing to bargain fair contracts for these essential workers.”
In these increasingly frequent situations, I am reminded of the Warren Gunnels quote:
“You’re not a failure in life if you work for starvation wages with no benefits. You’re a failure in life if you are a business owner who depends on the exploitation of a poverty-wage workforce, no matter how many yachts and mansions you own. It’s time to redefine success in America”.