Tag Archives: anxiety

How the federal government, the State of Nebraska and the City of Lincoln fail convenience store clerks

Posted on June 28, 2021 by Jon Rehm

A clerk at the Kwik Shop at 14^th and Adams Street in Lincoln was severely beaten during a robbery last weekend when a robber reached for cash in a cash register, pushed through a barrier and jumped over the counter to beat the clerk.

News reports about that store reveal a clerk was murdered in 2016, a clerk was assaulted in 2020 and the store was robbed in 2008. The Kwik Shop at 14^th and Adams is the proverbial poster child for the failure of the federal government, the State of Nebraska and the City of Lincoln to effectively protect convenience store workers.

How the federal government fails in convenience store clerks

In the wake of the July 2016 murder of a clerk at the 14^th and Adams Kwik Shop, I wrote about OSHA’s failure to implement safety standards for convenience stores. The Indiana Department of Labor did a study about convenience stores and showed barriers that prevented robbers from reaching into cash registers and jumping behind counters deterred robbers.

Despite the history of violence at the store, the Kwik Shop at 14^th and Adams Street still lacks those protections.

An OSHA rule would let OSHA cite convenience stores specifically for failing to protect workers from violence.

How the state of Nebraska fails convenience store clerks

The state of Nebraska has failed to implement and statutory law or regulations that protect convenience store clerks. In theory workers compensation laws regulate working conditions by making employers pay for injuries to their employees. But retail workers are not compensated for solely mental injuries (known in workers compensation lingo as “mental-mental”). So for example, if a convenience store clerk has a gun pointed in their face, but not physically assaulted, that mental trauma is not covered by workers’ compensation.

But if convenience store owners did have to pay for mental trauma injuries to their employees, they would find ways to minimize the chance of those mental trauma injuries. Measures like bulletproof glass would make it harder for robbers to jump over counters and to threaten workers with guns.

The State of Nebraska has workers compensation for solely mental injuries for first responders. Recent legislation has expanded the number of employees who are deemed first responders and has made it easier for some first responders to prove their cases for solely mental injuries. No legislation has been introduced that would allow retail workers or convenience store clerks from receiving mental-mental benefits.

How the City of Lincoln fails convenience store clerks

Some cities have implemented safety standards for convenience store clerks. That list does not include Lincoln, Nebraska. I think public safety officials in Lincoln have also displayed a somewhat cavalier attitude about convenience store violence. After the murder of the clerk at the 14^th and Adams, Kwik Shop, then Public Safety Director Tom Casady talked about how rare convenience store murders and shootings were. This despite the fact that same store was robbed in 2008. Lincoln’s then police chief, Tom Bliemeister stated that he was unsure about why Lincoln has above-average murders in 2016. Why that question may have some merit, research was clear about the risks to employees working late night retail. That store had previously been subject to a robbery. I think public safety officials in Lincoln don’t think about how public safety is often workplace safety.

9-11: 15 Years Remembered

Posted on September 8, 2016 by Todd Bennett

What have we learned, and what is the progress we have made toward helping those who help others?

As we remember and celebrate that fateful day, we should continue to celebrate and protect those who risk their lives to help others but who continue to live with the mental and emotional effects when faced with such tragic events encountered in responding to the call to serve.

In Nebraska, we have recognized that with tragic events come the effects to some who just can’t mentally and emotionally get past those events. We have garnered some protections for those first responders whose job it is to serve when emergency matters require it.

First responders have a specific definition as set forth in Nebraska Revised Statute 48-101.01, but essentially if a person serves as an officer, fireman or medical emergency personnel who is called to an emergency response situation, then that person has some workers’ compensation protections.

Personal injury now “includes mental injuries and mental illness unaccompanied by physical injury for an employee who is a first responder” if that person suffers from PTSD, depression, anxiety, mood disorder, panic attacks, reactionary diversion, neurotic disorder, etc.

One must establish “that the employee’s employment conditions causing the mental injury or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment” in which they serve. What is usual is constantly being debated and disputed, but an event causing significant bodily injury or death is not usual in the eyes of the courts.

What is not covered or considered compensable are “mental injuries and mental illness arising out of and in the course of employment unaccompanied by physical injury … if they result from any event or series of events which are incidental to normal employer and employee relations, including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, terminations” or going through the legal process in unrelated matters.

Sometimes employers will retaliate against employees who claim work injuries. Though demotions, write-ups and post-injury terminations aren’t compensable through workers’ compensation, there could be a retaliation or disability discrimination claim. First responders who believe they might be being retaliated against should also reach out to the NAPE/AFSCME, IAFF or FOP representative immediately to help preserve their employment.

We have come a long way in the 15 years since 9-11 in providing protections and workers’ compensation coverage to first responders who make it their job to serve and protect. But what about those who were working and saw and experienced this tragedy who are not first responders? They continue to not be covered for their mental and emotional effects. On this anniversary date, as we remember those who served, we need to continue to fight for everyone who encounters tragic events in the course and scope of their employment and suffers mental illness or conditions, but do not suffer a physical injury. They need the protections workers’ compensation coverage can provide, just like first responders.

Hoping That the Revolution in Medical Care Reaches Injured Workers

Posted on January 14, 2016 by Rod Rehm

Imagine a cross between a FitBit and a TENS Unit (Transcutaneous Electrical Nerve Stimulation) that can control, on demand, issues that hurt workers face: anxiety, pain, PTSD symptoms.

That combination might not be as far-off science fiction as a person would think.

Wearable medical devices are making remarkable advances, according to respected workers’ compensation commentator Robert Wilson.

“We are only scratching the surface of what may be possible,” he predicts. “Wearable devices that can dispense medication, provide biofeedback and can both monitor and adjust a patients vitals are very real possibilities. Devices such as these will improve quality of life with real time application and treatment, and that ‘improved experience’ will help our industry drive better results at an ultimately lower cost.”

A real-life example of these advancements is an app called myBivy, which was originally developed to help veterans with PTSD sleep better by disrupting the physical “symptoms that precede night terrors.” The app is being developed by a team that “Tyler Skluzacek, a student at Macalester College” in St. Paul, Minnesota, began when he was inspired to help his father, a veteran of the Iraq War. The app is in its testing phases now and is estimated to “officially launch between March and May” of this year. Since “7-8 percent of Americans will experience PTSD at some point in their lives” and “11-20 percent of post 9-11 veterans are estimated to have PTSD,” it’s pretty obvious how the app may help those who have developed PTSD through a work-related injury sleep better. I look forward to hearing more about this particular app for sure.

This app meets Wilson’s criteria of how wearables need to evolve to be the most helpful to those who can benefit the most from them.

“To be really effective and successful, the wearable revolution needs at least one more evolution,” Wilson wrote. “An evolution that takes this medium from that of casual observer to mobile clinician; from simple data collector to partner in health. That is when we will see real benefits and results from wearable technology in all health delivery systems.”

I am hopeful that the relentless cost-containment efforts of the “Workers’ Comp Industrial Complex’ will not inhibit these creative efforts, so injured workers and their loved ones will be able to benefit from these advances very soon.

Jobs, Injuries Differ for Working Women and Men

Posted on January 22, 2015 by Brianne Rohner Erickson

Women and men tend to have different kinds of workplace injuries.

Men and women are different. Not surprisingly, men and women in the workforce are also different. Although women often perform the same jobs with the same hours as men, statistically, men and women tend to perform different kinds of jobs. Given this, as well as the anatomical differences between men and women, women often face different health challenges in the workplace.

When looking at types of work-related injuries, the U.S. Bureau of Labor Statistics reports that women generally account for more work-related cases of “carpal tunnel syndrome, tendonitis, respiratory diseases, infections and parasitic diseases, and anxiety and stress disorders.” The Centers for Disease Control and Prevention (CDC) also points out that social, economic and cultural factors often put women at more risk in the workplace. Many women perform part-time, temporary, or contract work, all with lower incomes and fewer benefits. Notes the CDC, “[l]ike all workers in insecure jobs, women may fear that bringing up a safety issue could result in job loss or more difficult work situations. They may also be less likely to report a work-related injury.” The CDC also found that immigrant women are particularly at risk due to barriers related to immigration status, work-life balance, and types of industries and jobs they work in.

Violence in the workplace is also an issue that is statistically more likely to affect women than men. For example, the U.S. Bureau of Labor Statistics found that in 2013, 13 percent of occupational injuries or illnesses that resulted in days off work in the health care and social assistance sector – fields dominated by women – were the result of violence. This is compared to 4 percent of cases overall in the private sector. An alarming figure provided by the Bureau shows that, although women’s share of the number of fatal occupational injuries is significantly lower than men’s, violence (homicide) was the second leading cause of occupational fatalities among women. Of the 302 occupational fatalities suffered by women in 2013, 97 (approximately 31 percent) resulted from violence. Violence accounted for only 6 percent of fatalities among men.

The experienced lawyers at Rehm, Bennett & Moore navigate clients through the process of obtaining compensation for all types of work-related injuries, whether you are facing any of the workplace health challenges listed above or something completely different. We will be hosting a booth at the 2015 Lincoln Women’s Expo held at the Lancaster Event Center this Saturday from 10 a.m. to 6 p.m. and Sunday from 10 a.m. to 5 p.m. If you have questions or concerns about a workers’ compensation or personal-injury issue, please stop by for a consultation.

The Very Real Dangers Of Worry (Part 2)

Posted on September 20, 2012 by Rod Rehm

Today’s post comes from guest author Kit Case from Causey Law Firm in Seattle. Since the first post in this series established that worry is real, this second blog post addresses how the act of worrying affects one’s body. And the effects on a person’s body are where the potentially harmful long-term consequences on a person’s health appear. But if you know someone who has been physically injured, speaking to a lawyer to make sure the worker’s rights are protected and knowing all the options can sometimes help alleviate that worry.

Previously we posted on how worry can affect the lives of injured or disabled workers. In today’s post, we’ll talk about some of the specific effects of worry on the body.

The physical reactions to excessive fear and anxiety (worry) initiate a chain or cascade of pathological events by stimulating the amygdala area of the brain (fight/flight response), releasing neurotransmitters to the cortex. There, the fear or anxiety, whether real or imagined, is analyzed in detail and the analysis is returned to the amygdala where, in normal situations, the fear response is shut off by amino-butyric acid (GABA). GAD worriers may not have high enough GABA levels to shut off this pathway. Consequently, there are constant marked secretions of glucocortocoids and catecholamines that increase blood sugar levels. Marked levels of epinephrine and norepinephrine dilate blood vessels in skeletal muscles and other adrenergic (adrenal) stimulations that in turn create modifications in breathing, increased temperatures, sweating, decreased mobility of the stomach, bowels, and intestines, constrictions of the sphincters in the stomach and intestines.

Simply said, constant fear and anxiety result in debilitating amounts of stress hormones like cortisol (from the adrenal glands) and hormones that cause blood sugar levels and triglycerides (blood fats) to rise significantly. This process, if not shut off or modulated, can cause premature coronary artery disease, short-term memory loss, digestive problems, and suppression of the natural immune system. The scientific literature is now implicating constant stress, such as constant work stress or toxic fear and anxiety, in causing large weight gains in the midriff area which can greatly exacerbate orthopedic injuries, particularly of the spine or knees, and can lead to increased incidences of diabetes and cancer.

Worry causes increased mortality and morbidity. It is that simple.

For information on how to treat and avoid worry, check in with us later this week for the next installment in this 3-part series.

The Very Real Dangers Of Worry (Part 1)

Posted on September 17, 2012 by Rod Rehm

Today’s post comes from guest author Kit Case from Causey Law Firm. As has been written about in previous blog posts, when a worker suffers an injury, there is often a mental component to processing through that injury. Worry is often an unwelcome and unexpected part of this process and actually can have long-term consequences on a person’s health. But if you know someone who has been injured, speaking to a lawyer to make sure your rights are protected and you know all your options can sometimes help alleviate that worry.

Worry is increasingly pervasive in our society as insecurity about the economy and safety, nationally and personally, grows daily. Worry is compounded in the daily lives of those who are injured or disabled, as they struggle with the added burdens of medical costs and loss of income, all of which engenders a bleak outlook on their future.

“At its worst, [toxic] worry is a relentless scavenger roaming the corners of your mind, feeding on anything, never leaving you alone.” This was the description of “worry” by Edward M. Hallowell, MD, in Worry, 1997, with a 2002 introduction. (This study is still considered the “bible” in lay literature and often quoted in scientific research.) Long ago, Dr. Charles Mayo said, “Worry affects circulation, the glands, the whole nervous system and profoundly affects the heart.” Indeed, worry appears to be, at worst, of genetic origins, and to a lesser degree a learned or environmental response.

Hallowell defines worry as two types: toxic worry and good worry. He likens toxic worry to a virus, insidiously and invisibly attacking you and robbing you of your ability to work, your peace of mind and happiness, your love and play. On the other hand, good worry, or adaptive worry, is necessary to avoid real danger and life-threatening situations.

Worry is categorized as part of Generalized Anxiety Disorder (GAD) in most lay and scientific literature. The National Institute of Mental Illness (NIMH) defines GAD as people who go through the day filled with exaggerated worry and tension, even though there is little to provoke it. NIMH literature states that people with GAD anticipate disaster and are overly concerned about health issues, money, family problems or difficulties at work. GAD is diagnosed when a person worries excessively about everyday problems for at least six months. Worry, as part of GAD, is commonly treated with medication and cognitive therapy.

The everyday worry of the disabled or injured worker is direct, with anxiety and fear over money, physical abilities, medical care, vocational options, housing, food, and family disintegration. It does prey upon so many, compounding their physical health problems and environmental lives.

For more on the very real physiological implications of worry, check in next week for the next installment in this series.

Workers' Compensation Watch

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Tag Archives: anxiety

How the federal government, the State of Nebraska and the City of Lincoln fail convenience store clerks

9-11: 15 Years Remembered

Hoping That the Revolution in Medical Care Reaches Injured Workers

Jobs, Injuries Differ for Working Women and Men

The Very Real Dangers Of Worry (Part 2)

The Very Real Dangers Of Worry (Part 1)

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