Pensacola Personal Injury Lawyer - Workplace Injuries

Federal Posting Requirements

Robert Blanchard — Wed, 21 Nov 2007 09:50:04 GMT

One impediment to an injured worker receiving fair compensation is the employee lack of knowledge about the laws an rules that apply in the workplace. If an injured worker does not know that there should be compensation for certain injuries (carpal tunnel syndrome, for example), the claim for benefits may not be timely filed. Interestingly, Federal law requires the posting of information about a number of topics, but workers compensation is not one of them. State laws govern the posting of worker compensation rights.
Federal law currently requires posting about the following:

1. New Federal Minimum Wage (Fair Labor Standards Act) - With the minimum wage due to go up each year through 2009, employers are required to display a poster prescribed by the Wage and Hour Division of the Department of Labor.
2. USERRA Notice - covers the Uniform Services Employment and Reemployment Rights Act, which protects the employment and benefits rights of workers in the military.
3. Equal Employment Opportunity - provides information concerning the laws and procedures for filing complaints of violations of the laws with the Office of Federal Contract Compliance Programs. (OFCCP)
4. Occupational Safety and Health (OSHA) - informs employees of the protections of the Occupational Safety and Health Act and its amendments.
5. Polygraph Protection - explains the Polygraph Protection Act on its promises as prescribed by the Secretary of Labor.
6. Family and Medical Leave - informs employees how to file a complaint and summarizes the major provisions. This must be posted even if there are no eligible employees.

Originally posted at InjuryBoard by Robert Blanchard

Asbestos Cases Winding Down

Robert Blanchard — Thu, 14 Sep 2006 10:29:55 GMT

It has been an honor representing the many clients who found themselves injured by exposure to asbestos. Most were exposed in the workplace, working hard jobs as boilermakers, pipefitters and other jobs that were key to our country's industrialization and our success in World War II. Now with many of the offending companies out of business or just coming out of bankruptcy, most remaining claims will not involve jury trials, but some may qualify for small settlements that will be handled admistratively.
Many young people today do not know about the history of asbestos injuries, so I post some information below.

Asbestos is a naturally occurring fibrous silicate that was widely used in the past for commercial applications because of its heat-resistance properties. Asbestos exists in several forms. The 2 primary groups of asbestos comprise amphibole and serpentine fibers. Chrysotile (white asbestos) is serpentine and the only form of asbestos that is used commercially at this time, and it accounts for more than 90% of asbestos used in the United States.
For the most part, asbestos exposure has been industrial or occupational and primarily affects workers involved in mining or processing asbestos or those involved in the use of asbestos in the shipbuilding, construction, and textile- and insulation-manufacturing industries. About 2-6 million people in the United States are estimated to have had significant levels of exposure. High exposures ceased in the United States in the late 1970s because of governmental legislation passed after the adverse effects became recognized. However, because the latency period between an initial exposure and the development of most asbestos-related disease is 20 years or longer, asbestos-related disease remains an important public health issue.

The spectrum of asbestos-related thoracic diseases includes benign pleural effusion, pleural plaques, diffuse pleural thickening, rounded atelectasis, asbestosis, mesothelioma, and lung cancer. Asbestosis is defined as diffuse lung fibrosis due to the inhalation of asbestos fibers, and it is one of the major causes of occupationally related lung damage. Mesothelioma is a malignant pleural or peritoneal tumor that rarely occurs in patients who have not been exposed to asbestos.
The diagnostic approach to asbestos-related intrathoracic disease is different from that of other diffuse lung diseases because of the medicolegal implications. The likelihood of asbestos-related disease should be determined, and other possible causes should be eliminated. An assessment of the extent of disease is used to calculate compensation. Therefore, imaging plays a pivotal role in the diagnosis and management of asbestos-related disease.

Originally posted at InjuryBoard by Robert Blanchard

Appealing to the Enemy

Robert Blanchard — Wed, 12 Jul 2006 11:09:56 GMT

I am sure Republicans didn't mean it when they took your rights away in workers compensation, medical malpractice, medical devices ....

"Trial Lawyers Court GOP"
Charm offensive? "Last week, ATLA dispatched a team of Republican trial lawyers to meet with key GOP lawmakers on Capitol Hill. ... behind the scenes, ATLA has been surprisingly generous toward GOP organizations," giving $30,000 apiece this cycle to the National Republican Senatorial Committee and National Republican Congressional Committee, the maximum allowable. (Geoff Earle, The Hill, May 5)(see Aug. 25). In Florida, housing secretary Mel Martinez's background as a former president of the Academy of Florida Trial Lawyers continues to generate controversy in the Republican Senate primary race, which comes to a vote Aug. 31; but Martinez says he supports class-action reform and even some version of loser-pays (William March, "Stance On Tort Awkward For GOP", Tampa Tribune, May 2; see Feb. 21). [Update Sept. 3: Martinez wins primary]. And in Pennsylvania, the plaintiff's bar is both perplexed and delighted that two of its good friends -- incumbent Republican Arlen ("Shanin's dad") Specter and Democratic challenger Joe Hoeffel -- are running against each other for Senate. "It's going to be a tough call," said James Mundy, a former president of the trial lawyers' association in the Keystone State. "But in a sense it's a nice call, because we can't lose." (Melissa Nann, "Arlen Specter or His Opponent? Trial Lawyers Like Both", Legal Intelligencer, May 4). See also Lori Patel, "Lawyer Loyalties Eclipse Family Ties", Law.com, Feb. 5 (Kline & Specter members donated more to Sen. Edwards than to Sen. Specter).

Originally posted at InjuryBoard by Robert Blanchard

No Benefits for Injured Workers

Robert Blanchard — Mon, 19 Jun 2006 12:54:04 GMT

More Worker Compensation lawyers are quitting their practice as a result of the bad laws made by the Florida legislature. Since attorneys can no longer earn a sufficient fee when the carrier fails to make medical payments or lost wage payments, injured workers will not be able to get lawyers to represent them. I guess it doesn't matter until it happens to you.

Originally posted at InjuryBoard by Robert Blanchard

Public Radio Covering Silicosis Claims

Robert Blanchard — Wed, 08 Mar 2006 15:51:31 GMT

Our firm decided not to handle silicosis claims. However, some other good firms got involved and are now being scrutinized. See the coverage at NPR.

Silicosis is a deadly lung disease that industrial workers get from inhaling crystalline silica in foundries, mines, quarries and shipyards. Over the last few years, plaintiff lawyers aggressively advertised for silicosis victims, inviting them to mass medical screenings. As a result, state and federal courts were inundated with tens of thousands of silicosis claims.

Originally posted at InjuryBoard by Robert Blanchard

OSHA Slow to Act

Robert Blanchard — Wed, 01 Mar 2006 09:20:19 GMT

The new stardard for worker exposure to harmful chromium are not only inadequate, they took way too long to be inacted.

The Occupational Safety and Health Administration's (OSHA) new standard to reduce worker exposure to hexavalent chromium is seriously inadequate and will not protect the safety of hundreds of thousands of workers who are exposed to the metal in the workplace. OSHA will publish tomorrow in the Federal Register a final standard designed to reduce worker exposure to the carcinogenic metal used in chrome plating, stainless steel welding and the production of chromate pigments and dyes

Most people do not realize that the agency has had no chemical exposure standards since 1997.

Originally posted at InjuryBoard by Robert Blanchard

Wal Mart Can Be a Tough Employer

Robert Blanchard — Fri, 11 Nov 2005 15:46:17 GMT

Anyone who has filed a falling merchandise lawsuit against Wal Mart knows just how tough the dcompany can be to go up against. The makers of a new movie may soon find out the same. This week, the director of "Uncovered: The War on Iraq" and "Outfoxed" released his latest film, "Wal-Mart: the High Cost of Low Prices." This exposÃ© on the toll the Wal-Mart superpower has taken on workers and communities across the country is sure to create controversy. Meanwhile, people will still go to Wal Mart in droves.

Even if this film is destined to have little impact, Wal-Mart is going into attack mode. The company has literally created a war room, staffed with political consultants who are working around the clock to undermine the movie and spread pro-Wal-Mart propaganda.

Echoing concerns raised by the film, national media are tuning in to Wal-Mart's high cost to American familiesâ€”and last week the movie was featured on page 1 of the New York Times.

Next week, a coalition of hundreds of unions, churches, small business associations and citizens' groups are taking this fight to thousands of living rooms around the country, holding viewing parties to watch the movie and get organized.

I don't want to see Wal Mart get unfairly attacked, but everyone will soon see that they are big enough to take care of themselves.

Originally posted at InjuryBoard by Robert Blanchard

Florida Worker's Compensation Overview

Staff Writer — Wed, 09 Nov 2005 14:24:46 GMT

In Florida, as in most states there is a separate body of law addressing Workerâ€™s Compensation (formerly Workmanâ€™s Compensation). Generally, Workerâ€™s Comp. deals with an employer or the employerâ€™s insurance company obligations regarding wages and medical bills when an employee is injured on the job.

In Florida, as in most states there is a separate body of law addressing Worker's Compensation (formerly Workman's Compensation). Generally, Worker's Comp. deals with an employer or the employer's insurance company obligations regarding wages and medical bills when an employee is injured on the job. These laws are created to protect both the employer and employee. They insure that an injured employee will receive compensation both for the time that they are not able to work, and for all medical expenses arising from the injury, without that employee having to file a lawsuit against their employer. The employer is protected in 2 ways. First they are limited in the amount that they will have to pay, and second it protects them from being sued. These laws prevent an employee from filing a lawsuit against their employer for any injury incurred in the scope of their employment.

There are specific rules about which employers must carry workers compensation insurance. Employers in a non-construction business with 4 of more employees must carry insurance, while those involved in a construction business need only 1 employee for it to be mandatory. The state and local governments are also required to have coverage, and it is deemed necessary for farmers with 5 or more regular employees or 12 or more seasonal employees This insurance should cover an employee for all occupational diseases and injuries arising out of and in the scope of employment (FL St. 440.02(17), 440.16). This mandatory insurance will not include coverage for mental conditions, nor will it cover pain and suffering.

An injured employee should report their claim as soon as possible but no later than 30 days from the date of the injury. An employer should do the same only their report should be no longer than 7 days from the date of the injury. Upon receiving the employers report the insurance company should, within 3 days, provide the injured employee with a brochure explaining the employeeâ€™s rights and obligations and outlining the whole process. The first check should be received within 21 days.

While a direct action against an employer may not be possible a person may not be without remedy. It may be possible to file a third party claim. This is a lawsuit that brings in a party that is not directly involved, yet may be liable to the party. An example of this would be an employee who is injured at work by a machine that was defective. The machine may have malfunctioned and caused that employeeâ€™s injury. While in this case the employee may not sue the employer for his injury, there is nothing barring them from bringing a suit against the manufacturer of the machine.

Originally posted at InjuryBoard by Staff Writer