Tag Archives: infection

When is a cut not just a cut?

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Most people will cut accidentally cut themselves doing chores around the house. But a cut on the job can lead to serious consequences for many workers. So when is a cut not just a cut?

Industrial amputations and crush injuries

Workers in meatpacking and manufacturing frequently suffer serious cuts and amputations from blades and crush injuries. From a legal perspective, employers often accept initial responsibility for these injuries under workers’ compensation.

But even if the employer accepts responsibility for paying workers compensation, the employer may attempt to blame the employee for the injury. This means employers will pay medical bills related to a cut or amputation,  but will fire the employee for some safety violation. Employers will often deny paying temporary disability benefits to an employee they accuse of violating safety rules.

Safety violations and retaliation

Employers can argue employee safety violations as a defense to paying workers’ compensation benefits. I will concede that sometimes employees violate safety rules. But other times, employers fire employees on flimsy pretext of a safety violation. Employees may be able to bring a retaliation case in that circumstance.

But, Nebraska workers’ compensation law might also provide some additional remedies for an employee fired for a bogus safety violation. Nebraska workers’ compensation law awards a 50 percent penalty and attorney fees if there is no reasonable controversy about entitlement to benefits. No reasonable controversy is a difficult standard for an employee to meet. But a flimsy termination related to a work injury used to deny benefits  is one circumstance where fees and penalties may be likely.

Moisture,  infection and amputation

But even less serious cuts can present complications. The complication I see the most is moisture. Workers in packinghouses often work in wet environments. This moisture can infect cuts and lead to amputations.

Moisture can also present other issues. For example, a food service employee required to wear gloves during their work would sweat under the gloves. That sweat would increase the risk of infection of a cut and could lead to an employee missing work.

Side effects of medication

Medications can reduce the risk of infection for a serious cut. But medications have side effects that can sometimes require medical treatment. In a recent Virginia case, a bowel disorder caused by medication prescribed to prevent infection was an injury covered by workers compensation. The Virginia decision relied on the so-called “compensable consequences” doctrine. Nebraska recognizes the “compensable consequences” doctrine and will pay benefits related to adverse side effects of medication.

But workers’ compensation insurers often balk at covering infections from cuts and side effects of taking medication from work injuries. Cut, crush and amputation injuries aren’t the only injures that involve compensable consequences. However, proving these consequences is easier in cut and crush cases because of the obvious nature of the injury and how it was caused.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Jobs, Injuries Differ for Working Women and Men

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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 offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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