Atkinson Gerber Law OfficeSt. Paul Workers Compensation Attorney | Work Injury | Workers Comp Claims2024-03-08T18:23:25Zhttps://www.workcomplawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1600661/2020/06/cropped-favicon512-32x32.pngOn Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489162024-03-01T21:43:58Z2024-03-08T18:23:25ZWhat are the dangers that come with working in a trench?
Common dangers can include cave-ins, falling loads, hazardous vapors, and equipment failures. These can result in serious injuries, including:
Neck and back injuries
Head injuries
Amputations
Asphyxiation
Falling debris and equipment can strike workers and cause serious injuries that may require surgical intervention and extensive medical care.
How are we keeping workers safe from these dangers?
Legal requirements and safety protocols are in place to protect workers from these dangers. Regulations require employers conduct a thorough risk assessment before starting work and ensure proper trench protective systems are in place, such as sloping, shoring, or trench boxes. The law also requires those in charge of these sites regularly inspect trenches for signs of potential collapse and keep heavy equipment away from trench edges.
Adhering to safety standards is not only a legal requirement but a moral imperative to protect workers' lives and well-being. Yet, even with these high risks, violations of these standards are not uncommon. In a recent example, a Minnesota construction contractor faced more than $1 million in penalties after an Occupational Safety and Health Administration (OSHA) inspection found the employer had failed to protect his workers while they worked in excavation sites. Even more concerning, this was not the contractor’s first violation. They had already received two prior violations and were under an agreement to make changes to enhance the safety of their operations.
What are my options if seriously injured in a trench accident?
You are likely eligible for workers’ compensation benefits if injured while on the job in a trench accident. It may also be possible to hold other parties accountable, such as contractors who failed to follow safety protocols or equipment manufacturers who provided defective products.
It is best to keep detailed records to help build your claim. Examples include copies of medical records and communications with the employer.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489112024-02-22T17:08:58Z2024-03-06T18:23:50ZHow much does surgery after a workplace injury cost?
The exact answer depends on a variety of factors including the type of injury and extent of damage. Certain injuries are more prevalent in the workplace and may require surgery, such as:
Herniated discs: Often resulting from lifting or sudden movements.
Rotator cuff tears: Common in jobs requiring repetitive arm motions.
Meniscus tears: Can occur in professions involving kneeling or squatting.
Surgery costs for work-related injuries can be staggering, often ranging from a few thousand dollars for minor procedures to tens of thousands for more complex operations.
Who pays for all of this?
When the injury occurs while at work, worker’s compensation laws generally dictate that the employer, generally through a workers’ compensation insurance provider, cover these costs, including surgery, and a portion of lost wages. The following steps can help to better ensure you receive the benefits you are entitled to:
Understand your rights: Familiarize yourself with your state's workers' compensation laws.
Keep detailed records: Document all medical visits, treatments, and correspondence.
Stay proactive: Engage in your treatment plan and communicate any concerns with your healthcare provider.
Suffering a workplace injury can be a daunting experience, but with the right knowledge and prompt action, you can navigate the path to recovery and compensation. Remember to report the injury, seek medical help, and understand the costs and workers' comp process. Your well-being and financial security depend on these critical steps.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489102024-02-22T15:56:41Z2024-02-28T18:23:33Zearn a good living.
Although these professions can provide a level of satisfaction that is hard to match — afterall, not many of us can point to a building and say, “I helped to build that” — they also come with risk.
What are some common hazards for blue-collar workers?
Safety in the workplace is not just a legal requirement; it is a fundamental right of every worker. Before delving into safety tips, it is crucial to understand the common hazards that blue-collar workers may encounter. These include, but are not limited to:
Machinery accidents: entanglement, cuts, or amputations from unguarded moving parts.
Falls from height: due to unstable working surfaces or inadequate fall protection.
Repetitive strain injuries: from overuse or improper ergonomics.
Exposure to harmful substances: chemicals, dust, or fumes that can cause illness or injury.
Heavy lifting and manual handling: leading to back injuries or musculoskeletal disorders.
These hazards can result in serious injury that often require surgical intervention.
What are common surgical procedures for blue-collar workers?
Those who suffer from a herniated disk or other injury related to heavy lifting may have a need for back surgery. Repetitive motions from use of power tools, assembly line work, or typing can result in carpal tunnel and other similar injuries that can require surgical intervention. A failure to intervene can result in more serious injury.
What should employers do to keep their workers safe?
Prevention is the most effective strategy for maintaining a safe work environment. The law requires employers take steps to help better ensure the safety of their workers. These can include provision of the following to help reduce the risk of injury associated with the hazards noted above:
Training: Employers should provide comprehensive training for each specific role, including the safe operation of machinery and the handling of hazardous materials.
Personal protective equipment (PPE): Employers should also provide worker with appropriate PPE, such as gloves, helmets, eye protection, and respiratory devices, as appropriate for the position.
Safety protocols: Employers should also have clear safety protocols and procedures in place.
Regular maintenance: Employers should also have a system in place to regularly inspect and maintain tools and machinery to prevent malfunctions or accidents.
Even if employers follow these measures, injuries can happen.
What if my employer fails to protect workers from hazards?
Whether employers utilized safety protocols or not, those injured on the job are wise to know their rights and the steps to take to secure legal remedies. This is particularly true for those who suffer serious injuries, such as those that require surgical intervention.
The first step generally involves notification of your employer of the injury as soon as possible, following the company's reporting procedures. You should also generally obtain medical treatment and ensure that your medical records accurately reflect the nature and extent of your injuries. Remember to keep detailed records of the incident, including witness statements, photos of the injury and the scene, and any correspondence related to the injury.
If you are the victim of an on-the-job accident, you can take steps to better ensure you receive the compensation and support you deserve. Remember, you are not alone in this journey, and there are resources and professionals available to help you navigate the complexities of workers' compensation law.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489132024-02-21T13:56:52Z2024-02-21T13:40:54Zinjured on a construction site.
Orthopedic Surgeries: One big type of surgery folks in construction might need is orthopedic surgery. This helps fix problems with bones and muscles, like fractures or torn ligaments. You might need this if you fall off something or lift something heavy and hurt yourself. The doctors use special tools to fix these injuries and help you heal up.
Back Surgeries: Another common surgery is for your back. Construction work can put a lot of strain on your spine, especially if you're lifting heavy stuff all day. So, if you hurt your back, you might need surgery to fix it. They might do things like take out a piece of a damaged disc or fuse two bones together to make your back stronger.
Hand and Arm Surgeries: Working with tools and machinery on a construction site means your hands and arms can get hurt too. Surgery might be needed if you damage tendons or nerves from repetitive motions or accidents. Surgeons can fix things like carpal tunnel syndrome or tendonitis to help you get back to work.
Trauma Surgeries: Construction sites can be dangerous, and accidents can lead to serious injuries like broken bones or even losing a limb. Trauma surgeries help fix these big injuries. Surgeons work fast to repair bones, blood vessels, and tissues to give you the best chance to heal and get back to your feet.
Occupational Disease Surgeries: Sometimes, construction workers can get sick from things they're exposed to on the job, like asbestos or silica dust. If you develop diseases like mesothelioma or silicosis, you might need surgery to remove tumors or damaged parts of your body. It's tough, but surgery can help improve your quality of life.
If you ever get hurt on the job, it's crucial to know your rights. Workers' compensation is there to help cover medical bills and lost wages if you can't work because of an injury.
Report your injuries
Make sure to report any injuries to your employer right away and seek medical attention. And don't be afraid to reach out to a workers' compensation attorney if you need help navigating the process.
Remember, safety comes first! Always follow safety guidelines and wear protective gear on the job. By staying informed and taking precautions, you can help prevent accidents and stay healthy while working in the construction industry.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489122024-02-07T06:06:45Z2024-02-12T06:06:32Zinjuries nurses suffer within the workplace.
Another potential example involves a nurse who cares for an ill patient, and the nurse’s family members become ill with the same virus. What happens if a family member suffers lifelong injury or death due to the illness?
In either scenario, a nurse may wonder whether the injury or illness would qualify as a workplace injury and further ask if these types of cases qualify for workers’ compensation benefits?
How does a victim establish this type of claim?
In these examples, a nurse or other healthcare professional would likely need to show that the injury or illness was due to an event or exposure at work. It is wise to prepare to counter claims that exposure or injury may have occurred outside of work.
In a recent example, a nurse argued that she was entitled to benefits after her son contracted COVID and died. Her son became ill shortly after she cared for a patient with COVID-19. Upon review, the workers’ comp board stated the nurse had not defeated the argument that there was potential her son was exposed to the virus elsewhere. As such, she lost her case.
Although upsetting for the nurse, the case provides valuable insight for others in similar situations, including:
Know the basics. It helps to know the basics of the law that guides these cases. In general, you will need to show a connection between the injury and the job. A herniated disk that requires back surgery after moving a patient may suffice.
Gather evidence. Organize copies of medical records and other paperwork to help build your case.
Know your rights. You have a right to compensation. You can appeal a denial.
These lessons apply to any nurse looking to build a workers’ comp case, whether for a serious injury that requires surgical intervention or exposure to an illness.
Lawmakers passed the laws that guide the worker's compensation system to help better ensure injured workers promptly receive benefits. Those who believe they have a claim may want to put together a team to help better ensure they receive their entitled benefits. Legal counsel can help with everything from the initial claims process to the need to appeal a denial.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489042023-12-18T08:26:30Z2023-12-21T08:26:04ZThe significant possibility of serious injuries
Nursing requires medical professionals who are quick on their feet, often resulting in overexertion from bending and twisting, the most significant factor in nursing injuries.
Nearly 50 percent of injuries can be traced back to the following nursing activities:
Slips, trips and falls caused by wet floors account for approximately 20 percent of injuries, a common problem caused by routine cleaning
Back injuries that account for nearly 40 percent that can result in significant time away from work. Lifting patients and carrying heavy materials are the most common activities associated with this type of physical damage.
Violent actions from patients can also sideline the most promising of nursing careers. Once rare, assaults continue to increase. In addition to physical injuries, many nursing professionals experience trauma from the incidents, resulting in depression post-traumatic stress disorder (PTSD). For some nurses, the possibility of assaults force them to seek out new career opportunities.
While nurses can take proactive steps to prevent injuries, the hectic nature of hospitals can cause serious injuries without warning. Yet, many of these dedicated medical professionals are fully aware of the risks, maintaining their commitment to the highest standards of patient care.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=488922023-12-04T17:39:15Z2023-12-18T18:23:40Zthe injured worker needs surgical intervention to restore function of the affected body part and alleviate pain.
There are certain surgical procedures associated with workers’ compensation claims that are more common than others, including the following.
Arthroscopic surgery
This type of surgery is minimally invasive and commonly used for joint-related injuries in workers’ compensation cases.
This procedure involves inserting a small camera into the affected joint through a small incision, where surgeons can visualize the problem area and repair torn ligaments, remove bone spurs or loose ligaments, treat cartilage damage or address conditions like carpal tunnel syndrome.
Spinal fusion
For back-related injuries and severe back pain, doctors can recommend spinal fusion, especially if herniated discs or degenerative disc diseases are present. This procedure involves fusing two or more vertebrae together using metal implants to stabilize the spine and relieve pain caused by motion.
Rotator cuff repair
Another common injury is the rotator cuff tear. Workers involved in physically demanding jobs that require repetitive shoulder motions are most at risk.
Surgical repair can involve an open procedure or arthroscopic techniques, which are less invasive, depending on the extent of the tear.
Carpal tunnel release
Repetitive hand movements can cause carpal tunnel syndrome. Conservative treatments can help, but the injured worker may need surgery to relieve pressure on the median nerve.
Knee replacement
Depending on the severity, workers with knee injuries may require a total knee replacement.
Hernia repair
Hernias can result from heavy lifting, prolonged standing or sitting or other demanding tasks at work. Hernia repair usually involves surgery, where a surgeon pushes the bulging tissue back and strengthens the weakened abdominal wall with mesh implants.
Necessity of surgical intervention
Surgery is an option for workers' compensation injuries if other treatments don't work. The goal of these surgeries is to restore functionality and reduce pain from work-related accidents or injuries.
The mentioned examples are just a few common surgeries performed in such cases.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=488852023-12-04T18:47:40Z2023-12-11T18:23:43ZPhysical damage can take many forms and include:
Overexertion/bodily injuries –Considered the most common injuries in the nursing profession at approximately 50 percent of nursing staff, particularly to RNs 45 to 54 years old. Over time, nurses who push themselves to significant physical limits, particularly when lifting patients, can suffer sprains, strains, and serious, if not career-threatening, back injuries.
Slips, trips, and falls –Hazards unattended, such as wet surfaces and other obstacles, can result in severe injuries. Nurses 50 and older see the highest rate of these catastrophic work accidents when they come across surfaces wet from water, bodily fluids, or gel.
Patient violence –Patients acting out by attacking nurses has become a significant problem and source of serious injuries. The simple act of providing care can be met with serious violence that can sideline or end careers. While many of those incidents went unreported, new laws to protect all healthcare employees are gaining prominence.
Contact with objects/equipment – Hospitals are filled with large machines and hanging equipment, obstacles that are easy to run into, particularly during stressful medical events. Even more dangerous are needlesticks. While incidences are not at the top of the list, the potential exposure to serious blood-borne infections. Estimates are around 600,000 to 800,000 of these types of injuries annually.
As nurses toil in the background, more suffer injuries ranging from minor to life-threatening. It is important to report your injuries and consult with an attorney knowledgeable in this area of the law to ensure that your rights are protected.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=489012023-11-23T04:00:56Z2023-11-29T04:00:21Z#1: The procedure likely qualifies for workers’ compensation coverage.
Those who suffer a back injury while completing a work-related task likely qualify for workers’ compensation. The system is meant to help injured workers with the funds they need to heal, but is not always easy to navigate.
#2: Studies have found that workers’ comp patients often have worse outcomes compared to non-workers’ comp patients.
As if navigating the workers’ compensation claims process was not frustrating enough, research has found that those who suffer from a work-related back injury experience a higher rate of difficulties during the healing process compared to those who are injured in other ways.
Although we do not yet know the reason why those with a workers’ comp related injury tend to suffer more difficulties related to the injury, studies have dug into the issue and provide some guidance. Researchers note that the issue is likely due to many factors. One important likely factor: injury severity. Researchers recognize that work related accidents are often more severe than other, non-work-related causes of back injury.
#3: You can take steps to help better ensure things go well.
Even though workers’ compensation related injuries may face an uphill battle on the road to recovery, there are tips that can help to better ensure things go well. These can include:
The right procedure. Ask questions. Make sure the recommended intervention is the right procedure for your injury.
The right surgeon. Get information on the surgeon’s experience and training. The more experience the surgeon has with the procedure, the more likely it will go well.
Rehabilitation and diet. You can also increase the likelihood of a successful outcome by following rehabilitation recommendations after the procedure is complete as well as eating healthy to aid in the healing process.
Although these proactive steps can help, it is just as important that those who are injured while at work get the compensation they deserve to help better ensure they can cover the costs associated with treatment and missed wages.]]>On Behalf of Atkinson Gerber Law Officehttps://www.workcomplawyers.com/?p=488932023-11-13T17:02:42Z2023-10-19T09:29:34ZSerious injuries
A grueling schedule of long hours combined with sleep deprivation far too often coincides with a wide range of injuries. Both the sedentary nature of the job itself and the lack of proper nutrition as drivers stop for a “quick bite” at their favorite truck stops add to numerous severe injuries and devastating conditions. That recipe for disasters often results in problems requiring surgical procedures or lengthy physical therapy, the most common including:
Spinal fusion
Carpal tunnel
Traumatic brain injuries (TBI)
Knee operations
Burn injury surgery
Surgery to repair bone fractures
Additional risks
Keeping hands and arms in the same period for multiple miles combined with the vibration within the truck's cab can lead to injuries that include carpal tunnel and tendonitis. Additionally, the lack of movement for significant amounts of time, only to then lift heavy loads, can become a path to painful sprains and strains.
Arriving at destinations can be dangerous. Climbing out of a truck cab in good and bad weather presents risks. Loading and unloading cargo can lead to a fall that results in an ambulance trip to a local hospital.
Truck drivers face significant injuries while on the job. From muscle strain and back trouble to TBI and joint problems, truckers often struggle with devastating conditions that might necessitate surgery, strong medication or physical therapy to correct.]]>