Recently in Workers' Compensation Category

In a federal report released this week, the Department of Labor stated that workplace deaths have reached their lowest point since the Department of Labor began recording those statistics. The drop in deaths is attributed to involvement by Occupational Safety and Health Administration. Union officials argued that the drop in fatalities may have been caused by a decline in deaths during transportation, which is not regulated by OSHA. 
 
New York Times 8/20/08
 
Workplace deaths do not necessarily occur at the jobsite or accident site. Injuries from an accident can lead to a downward spiral in the health of the injured worker that eventually leads to death, especially when the injuries suffered are to vital internal organs or the head. Different jurisdictions have different requirements that must be met to perfect a claim for death benefits that occur immediately after an accident or some time after the accident. Deaths in the workplace can occur in various ways including but not limited to fires, explosions, falls, auto accidents, truck accidents and construction accidents. Make sure that if you or someone you know is affected by a workplace injury or death, you have an experienced lawyer that knows the law with regards to your specific case. 

Contact one of our experienced workers compensation lawyers today to get a free consultation.   
Recently, the Connecticut Supreme Court ruled that injuries that were caused by a claimant's smoking habit can be separated from his injuries resulting from asbestos exposure. The Court reduced the award for the injured worker based upon his concurrent conditions. Thomas B. Scheffey, Law.com 8/14/08
 
Currently, in Maryland an injured worker can be compensated for his pre existing conditions, if his injuries from the accident and his pre existing conditions make that worker eligible for recovery from the Subsequent Injury Fund. 
 
Similarly, in the District of Columbia, an injured worker can be compensated for his pre existing conditions as if the industrial accident caused the entire disability. 
 
It would be devastating to injured workers in both Maryland and the District of Columbia, if these benefits were taken away.   An injured worker who has certain obstacles or hindrances to employment, who later suffers an injury and cannot return to work or even their pre injury job because of the combined effects of injury from the accident and the preexisting conditions would be put in a position where they cannot return to work because of (at least in part) that pre-existing condition.  Usually, these provisions come in to play in older claimants. How good is a scheme of workers compensation benefits that does not protect older workers?

Injured workers lawsuit

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Three oil workers have filed a lawsuit against a company that they deem to be responsible for for their injuries suffered when a pipeline expolded last year. In the lawsuit, the plaintiffs claim that the company permitted them to work by a pipeline that the company knew needed repairs. San Jose Mercury News 1/10/08

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