Workers Comp Matters

• When You’re Hot, You’re Hot: The Impact of Heat on Workplace Injuries

  Hot enough for ya? Guest Sebastian Negrusa Ph.D. is a researcher at the Workers’ Compensation Research Institute (WCRI) and the co-author of the recent WCRI study “Impact of Excessive Heat on the Frequency of Work-Related Injuries.” What role does excessive heat in the workplace play in employee injuries? Turns out, it’s a lot. In temperatures of more than 90 degrees, the risk of injury on the job increases by a significant 5%-6%. Excessive heat, the study finds, impairs both cognitive and physical abilities, leaving workers more likely to make mental and physical errors and suffer injuries at work.  Part of an employer’s duty is to prevent injuries at the workplace, and Negrusa’s study aims to help employers better understand the added risk in high-temperature environments. Some states and the federal government are currently looking at workplace heat standards and safeguards.  Hear what occupations and employee groups are most vulnerable to these stressors and how employers can protect workers on the job (and what Workers’ Comp attorneys need to look for when representing injured workers).  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].  Mentioned in This Episode “Impact of Excessive Heat on the Frequency of Work-Related Injuries,” WCRI, by Sebastian Negrusa, Olesya Fomenko, Vennela Thumula “Heat-Related Illnesses in the Workplace—A WCRI FlashReport,” WCRI, by Vennela Thumula, Olesya Fomenko “Florida Blocks Heat Protections for Workers Right Before Summer,” NPR “‘It’s Getting Hotter’: Bill Aims to Implement Strategies to Protect Outdoor Workers in High Temps,” Boston 25 News Learn more about your ad choices. Visit megaphone.fm/adchoices

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• First Responders and Workers’ Comp, Understanding Workplace Injuries and PTSD

  What happens when a first responder is hurt on the job or suffers from job-related post-traumatic stress? We depend on these heroes among us, always there when we need them most. But many must depend on Workers’ Comp professionals to help them when they are injured. Guest Paolo Longo is a partner with the law firm Bichler & Longo PLLC in Orlando, Florida. He specializes not only in helping injured workers, but also those injured workers who happen to be first responders.  While physical threats are ever-present, PTSD is more common than many know. The hard part is getting victims and doctors to open up and talk about it. Police, fire, and corrections professionals are tough people. But the stress and injuries they suffer are real. How do first responder Workers’ Comp cases differ by state? Where do some issues fall under the so-called “presumption law?” First responders today are exposed to hazardous materials, toxic smoke, and traumatizing situations. As advocates push awareness of the physical and mental challenge they face, it’s up to Workers’ Comp attorneys to stay current.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].  Mentioned in This Episode: “Is PTSD Covered Under Workers’ Comp?” Bichler & Longo blog Pulse nightclub shooting, Wikipedia Learn more about your ad choices. Visit megaphone.fm/adchoices

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• Exclusive Remedy: The “Great Bargain” (and the Exceptions)

  Let’s talk about the “exclusive remedy,” what it means, why Workers’ Comp matters, and the exceptions. The concept of exclusive remedy is based on the principle that in exchange for care and benefits, a worker injured on the job may surrender some options for additional remedies.  If you’re covered by Workers’ Comp, the ability to challenge the employer in court for injuries and pain and suffering may be limited. Workers’ Comp is the remedy. We are covered by Workers’ Compensation because that can be a good thing, but we may give up the right to sue. Ideally, it’s a fair deal for workers and employers. “The Great Bargain.” But there are twists and turns. Negligence, bad faith, family medical leave needs, disabilities, “double compensation,” and third-party interests all add to the puzzle. When does an injured worker get the “green light” to seek compensation outside of the exclusive remedy?  And what about non-injury damages like defamation, malicious prosecution, slander, or mental anguish? Or what if a “leased” employee (think temp agencies) is hurt? While the exclusive remedy simplifies the management of workplace injuries in many cases, it’s not always as clear as it seems, and it’s important to know where the exceptions lurk. The goal is always to make injured workers whole. Every case matters.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].  Mentioned in This Episode: Green v. Wyman-Gordon Foley v. Polaroid Longever v. Revere Copper & Brass Inc. Learn more about your ad choices. Visit megaphone.fm/adchoices

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• When Undocumented Immigrants Are Hurt at Work

  These are unprecedented times for the rights of immigrant workers in the United States. The current political climate has thrown a wrench into the Workers’ Compensation system when it comes to workers without documentation. Understanding the system can help.    Guest Enrique Flores is the founder of the Flores Law Group in Indianapolis, Indiana, and a leader in immigrant workers’ rights. The son of immigrant parents, he says immigrant workers have always sought to live and work unnoticed, “invisible.” But in today’s charged political climate, the fear is real.    When an undocumented worker contacts you for legal assistance, understanding the Workers’ Comp laws in your state is vital. Times may change, but the law and protections haven’t. The law provides benefits for people who are injured at work. What’s changed for workers is the importance of living a lawful life. Clients should stay out of legal trouble, ensure their car is legally registered and in working order, and avoid giving anyone a reason to question them.   At the workplace, if immigration services show up (ICE), clients should know to stay calm and carry what are called “red cards” detailing their rights along with the card of an attorney they can call. The law still works for injured workers, no matter their immigration status. For attorneys, a little proactive outreach to the community could go a long way.    If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].  Mentioned in This Episode: Red Card/Tarjeta Rojas Print your own Red Card, Immigrant Legal Resources Center American Immigration Lawyer’s Association National Immigrant Justice Association phone (800) 954-0254 National Immigration Law Center Northwest Justice Project Workers’ Injury Law & Advocacy Group Learn more about your ad choices. Visit megaphone.fm/adchoices

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• More “Strange but True” Workers’ Comp Cases (and What They Teach Us)

  Hosts Alan and Judson Pierce reflect on nearly two decades of the Workers Comp Matters podcast with an examination of unusual or bizarre claims and cases.  A reminder, while some of these cases may have puzzling or humorous elements on their face, it’s never funny when a person is hurt. We may wonder what people were thinking when these incidents happened, but we can learn from each case. For starters, always expect the unexpected. An employee who thought her boss provided gluten-free pizza was actually fed pizza with gluten in it (what followed after her Workers’ Comp claim was denied is educational and clever). Or an octogenarian, part-time attorney who slipped and fell when he was summoned from his home office to a workplace office and claimed it was an exception to the “going and coming” rule? How about the “personal comfort doctrine” and the breakfast sandwich incident?  These and other unusual cases spotlight both employee behavior and how Workers’ Comp rules vary by state. They may challenge the way you view your own cases. This episode is well worth your time.  If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].  Referenced Links: Thomas A. Robinson blog, WorkCompWriter.com Walter A. Zerofski's Case, Masscases.com Learn more about your ad choices. Visit megaphone.fm/adchoices

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