Workplace Death Declines!

There is so rarely good news on Bad Lawyer, that I feel compelled to pass along this bit of great news, from the Denver Post which reports that workplace death is declining.  Here's the story and it's Coloradoan- twist by David Ohlinger: 

"The workplace is becoming a safer place.  Nationwide, 5,071 people were fatally injured at work in 2008, the lowest total since the yearly census of fatal occupational injuries was first conducted in 1992.  Colorado workplace deaths also dropped, to 102 in 2008 from 126 in 2007, tying the lowest death toll in a decade. The most dangerous place to work: on the road.  Twenty-nine percent of all workplace deaths in Colorado and 23 percent nationwide were classified as highway incidents in the yearly Bureau of Labor Statistics report.  Of 30 worker deaths on Colorado highways, more than half occurred when vehicles jackknifed or overturned, and five others were attributed to vehicles striking objects on the side of the road.  At the Colorado Department of Transportation, nearly 60 employees have died in the line of duty since 1929. Twenty-two were in cone zones, including Paul Forster and Eladio Lopez, both killed by a drunken student going the wrong way on Interstate 25.  CDOT spokeswoman Stacey Stegman said there have been no recent cone-zone deaths, and the department now halts work on site to discuss safety concerns 'every time there is a close call.'  A new law enables the department to set up photo-radar equipment in construction zones, and 'we're working with the state patrol right now to implement that program,' she said. In 2008, nearly 40 percent of those who died on the job in Colorado were truck drivers or construction trades workers. There were no workplace deaths in either the financial activities or information sectors of the economy.

After transportation-related deaths, the most common causes were fatal contacts with equipment or other objects; assaults and violent acts; falls; and exposures to hazardous substances, including electricity. Nationwide, the numbers of workplace murders have dropped by half since 1992.  There were 517 in 2008, the lowest number to date.  In Colorado, workplace murders also declined to seven in 2008. Six other workers killed themselves."
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There are a number of factors when thinking about this information.  As the article notes there are no deaths in the financial or information sectors.  The entire American economy is less manufacturing and construction based;  and, more service and information based.  Common place safety practices doubtlessly play a role.   The 50% drop in workplace murders tells me that practices put in place by employers to deal with alcohol and drug free workplaces pays a tremendous dividend.

See the Bad Laywer can recognize a good news story when he sees one!  There's hope.

Industrial Death and Injury

Denise Ford, 57, was killed at the Pittsburgh Glass Works factory when a lift she was using triggered the collapse of stacked glass plate.  She was crushed to death.  the preliminary cause of death was blunt force trauma.

Being a Bad Lawyer has it benefits, for one thing my work environment rarely puts me at risk of sudden death from industrial machinery.  I don't risk an amputation loss or other types of maiming from using this laptop.

Over the last 30 years I've handled thousands and thousands of industrial injury claims including injuries involving sudden death.  Trust me, while disgrace, depression, is bad, I would not trade my position with most of the men and women I've known over time who still labor in the factories and foundries, who drive the trucks and fight the fires, and who abate the asbestos.   And as I've discussed, here, I've defended the employers, factories, foundries, power plants, and trucking companies on meritorious and bullshit workers' compensation claims.  I've seen both sides.

I intend to talk about this system some more over the next few weeks.  But for now, thank your lucky stars that you don't spend your work day trying to lift plate glass on warehouse stacks with a tow-motor lift.

See:  http://www.dispatch.com/live/content/local_news/stories/2009/11/22/WORKER21_ART_11-22-09_B3_J0FOQBG.html?sid=101

My Boss Smacked Me with a Backhoe!

http://www.idahostatesman.com/580/story/967175.html

There are industrial injuries and then there 's assault and battery.

The link takes you the tale of a worker smacked up by boss who tried to "nudge" him with a backhoe!  WTF!

Which puts me in mind of my client, Greg.  Greg was trained in avionics but couldn't get a job in that occupation, so he took a stopgap job at a company that paints structures in electrical substations. You know electrical substations, those scary looking road side edifices that have all Frankenstein like electronic equipment sticking up with major power lines running in and major power lines running out.  Greg and his co-workers were given like no training and sent into these places with instructions to paint the girders and other steel structures.  The workers were warned to "stay away from anything that looks hot."  Good plan, huh! Greg is painting away and standing on a girder about 15 feet off the ground--his boss wanted to paint where Greg was standing, so instead of using words, the boss starts spray painting Greg.  Greg slips and snags the girder where he dangles,  Now all in all things are going ok until the bucket on Greg's hip swings into the electrical field being given off by an "energized" piece of electrical hardware, and ZZZZZzzzzzzzzzzppppp!

So I'm investigating the claim, an electrical engineer from the utility company tells me, oh yeah, we hire these sorts of outfits, because our employees aren't stupid enough to do this kind of work.  Nice.

Turns out under Our State law, the utility is immune from lawsuit because the work undertaken by Greg's company is so dangerous, the act of delegating it relieves the utility of all responsibility--despite the fact that what was involved in rerouting the electrical current around the substation while maintenance was being performed was pretty minimal.   The company where Greg worked had lost two other employees in a twenty-month period including a family member in identical accidents.  As a result they were unable to obtain insurance coverage.  Greg was lucky, he lived, and despite horrible injuries he was eventually able to return to work as an avionics engineer.

In Our State, workers' compensation is a a government run health care and compensation program.  It's not perfect, but it works pretty well.