Workers' Compensation

Category archives for Workers’ Compensation

Willful violations assessed by OSHA in grain elevator deaths, insurers named in announcement

OSHA proposed penalties totaling nearly $1.4 million against two Illinois companies for violations of safety standards that led to the deaths of three workers last summer in grain elevators. Haasbach LLC received 24 violations, including 12 classified as willful, for failing to take steps to workers from engulfed 30 feet deep in corn. Alex Pacas,…

The Charleston Gazette’s Ken Ward Jr. reports that one of West Virginia’s oldest and largest law firms, Jackson Kelly PLLC, is being sued for hiding evidence of coal miners’ black lung disease.  Ward writes: “Earlier this year, an investigative panel of the state’s Lawyer Disciplinary Board filed misconduct charges against Douglas A. Smoot.  Smoot hid a key…

Workers Comp Nightmares and Opportunities

The New York Times’ R.N. Kleinfield and Steven Greenhouse offer us a glimpse of the nightmare known as the workers’ compensation system.  In their article A World of Hurt: For Injured Workers, a Costly Legal Swamp,* they report from the Queens NY office of the NY State Workers’ Compensation Board and explain that injured workers: “come to the board…

What do the Alaska Community Action on Toxics, the Migrant Clinicians Network, Center on Race, Poverty & the Environment, and 65 other organizations have in common?  They’ve all endorsed the “Protecting Workers on the Job Agenda”, a collaborative product of the American Public Health Association’s Occupational Health and Safety Section and the National Council for Occupational Safety and…

CBS 60 Minutes on Worker Safety

Set your wristwatch alarms or your VCR for this Sunday (June 7) at 7:00 pm (EST) to watch CBS’s 60 Minutes and a hard-hitting story on OSHA and its failure to protect workers and communities from combustible dust explosions.  CBS’s correspondent Scott Pelley  interviews Carolyn Merritt (former Member of the US Chemical Safety Board), Tammy Miser (whose brother Shawn was killed…

When the Road is Your Workplace

The scene was an icy morning in western Maryland, along the Garrett County and Allegany County lines.  Mr. Dwight Samuel Colmer, 41, a truck driver with Western Maryland Lumber Company was hauling a load of coal just before 11:00 AM when his truck began to slide.  The State of Maryland’s “Motor Vehicle Accident Report” says:…

Imperial Sugar: Saga Continues

OSHA’s Assistant Secretary Edwin Foulke is expected to travel to Port Wentworth, Georgia today, more than 3 weeks after a horrific combustible dust explosion at Imperial Sugar took 12 workers’ lives.  Another 11 workers remain in critical condition at a burn treatment center in Augusta.  Apparently, pressure from Congressman Jack Kingston (R-GA) and Senator Johnny Isakson…

Tyler Kahle, 19, (photo) and Craig Bagley, 27 (photo) were killed four months ago at the NovaGold Resources’ Rock Creek mine near Nome, Alaska.  MSHA is completing its investigation; so far, all the Kahle family has been told is that the lift basket was 90 feet off the ground and “it tipped over.”  Sadly, what the Kahle family has learned, is that…

By David Michaels It is time for Congress to enlist the nation’s science and policy experts to help develop a federal workers’ compensation program for 9/11 rescue, recovery, and cleanup workers. The inadequacy of state worker programs led Congress to legislate special compensation programs for uranium miners, and civilian workers in nuclear weapons facilities. We…

Who’s an Employee?

If you have a job, do you know who your employer is? The answer isn’t always straightforward, César Cuauhtémoc García Hernández points out in a recent Boston College Third World Law Journal article, and the implications can be profound. In “Feeble, Circular, and Unpredictable: OSHA’s Failure to Protect Temporary Workers,” García details the disadvantages temporary…