Tag Archives: injuries

Medicaid Cuts Will Cause More Nursing Injuries

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While efforts to repeal the Affordable Care Act and cut Medicaid appear to have stalled for now, any successful effort to cut Medicaid will adversely impact workplace safety for nurses and nurse’s aides.

Studies by the National Institutes of Health show that reductions in Medicaid funding leads to less staffing at long term care facilities and that lower staffing leads to more injuries for nursing employees. Since most nurses and nurse’s aides are covered under state-based workers compensation laws the additional costs of work injuries from Medicaid cuts may not be fully accounted for on a federal level.

At least in Nebraska nursing employees have some ways to protect themselves when advocating for safer working conditions even if they do not belong to a union.

Nebraska has a whistleblower law that applies specifically to health care workers, including nurses. The benefit of this act is that it allows employees to recover for damages similar to what they could collect under the Nebraska Fair Employment Practices Act, including front pay and possibly attorney fees, without having to exhaust administrative remedies. Additionally, health care workers would have four years to bring a suit under the health care whistleblowers law, rather than the much shorter and complicated statute of limitations under the Nebraska Fair Employment Practices Act.

Nebraska has a broad general whistleblower law that allows employees to oppose unlawful conduct by their employers. Nebraska law requires that nursing homes to be adequately staffed. Federal law also requires that employers provide a workplace to be free of recognizable hazard. Inadequate staffing would certainly be deemed be a recognizable hazard in a nursing home. The only drawback to Nebraska’s whistleblower law is the short and potentially uncertain statute of limitations.

Nebraska law would also allow nurses reporting inadequate staffing to be protected from retaliation under a public policy claim that also has a four year statute of limitations.

The offices of Rehm, Bennett & Moore, 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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A Year of Injuries, and Lessons

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Today’s post was shared by the U.S. Labor Department and comes from blog.dol.gov It was written by Dr. David Michaels, who is the assistant secretary of labor for occupational safety and health.

Although there has been some social-media coverage, this has been my first opportunity to read this particular summary. By clicking through to the OSHA report (where it says “we published a report of our evaluation”) and reading the eight-page document titled “Year One of OSHA’s Severe Injury Reporting Program: An Impact Evaluation” a person will gain some really helpful perspective and context for determining how effective this change in reporting “severe work-related injuries, including 7,363 hospitalizations and 2,644 amputations,” according to the report itself, was.

The graphic that breaks down hospitalizations, and the graphic in the larger report that breaks down amputations, are really interesting reading just by themselves.

“Our two main goals for the new reporting requirement were to engage more employers in identifying and eliminating serious hazards themselves, and to allow us to better target our enforcement and compliance assistance efforts to places where workers are most at risk. After reviewing the field reports and associated data, we are confident that both goals are being met,” Michaels said in the blog post.

He also writes about how OSHA is now “more likely to cite for non-reporting, and we have increase the maximum penalty for not reporting a severe injury from $2,000 to $7,000.”

Although lawyers often use the results of an OSHA investigation to help a client’s case, an injured worker frequently has a workers’ compensation case whether there is an OSHA investigation or not. So please contact an experienced workers’ compensation lawyer to talk over the details of the situation that a loved one or you are in regarding a work injury or death. Have a safe, productive day.

In January 2015, we started requiring employers to report any work-related severe injury – such as an amputation or an injury requiring hospitalization – within 24 hours. In the first year, we received 10,388 reports, or nearly 30 a day.

Each report told the story of a man or woman who went to work one day and experienced a traumatic event, sometimes with permanent consequences to themselves and their families. But the reports also created opportunities for OSHA to engage with employers in ways we had never done before, and to ensure that changes were made to prevent similar incidents from happening to others.

Infographic showing number and percentage of workplace injuries that led to hospitalizations by industry

We learned things that surprised us, encouraged us and sometimes disappointed us. Today, we published a report of our evaluation that features stories from our offices around the country and reflects on lessons learned in the first year.

Our two main goals for the new reporting requirement were to engage more employers in identifying and eliminating serious hazards themselves, and to allow us to better target our enforcement and compliance assistance efforts to places where workers are most at risk. After reviewing the field reports and associated data, we are confident that both goals are being met.

A few examples explain how:

  • In Chicago, a conveyor loaded with liquid chocolate suddenly started up as a worker was cleaning a roller. Her arm was pulled in and mangled so badly that she required a plate and skin grafting. To prevent future injuries,…

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The offices of Rehm, Bennett & Moore, 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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