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Pennsylvania Workers Compensation Law Blog

Back Injuries and Back Pain: The Role of Stretching and Mindfulness

Back injuries are one of the most common types of workplace injuries. They can easily be suffered at work in lifting objects and in many other ways.

As a result, back injury issues are frequent in Pennsylvania workers' compensation claims.

Nationally, the number of work days lost to back pain every year is estimated to be in the millions. The amount of money spent on healthcare costs is also correspondingly large.

Many back injuries, especially those suffered at work, do not have a quick fix. Severe, chronic back pain may require back surgery or other medical interventions.

But in a new book called "The 7 Minute Back Pain Solution," an orthopedic surgeon from New York named Gerard Girasole outlines several basic steps that people can take to address back pain.

Many of these steps center on stretching core muscles in the lower back. These include abdominal muscles, of course, but also pelvic and hip muscles. Dr. Girasole believes that exercising these core muscles in crucial to avoiding back pain.

Workplace Deaths: The Cumulative Numbers Are Startling

Workplace accidents take a terrible toll every day in the U.S. To be sure, some jobs are more dangerous than others. But overall, the cumulative number of deaths and injuries is startling.

Nationally, the number of people who suffer a workplace injury or illness adds up to over 10,000 a day.

The cumulative figures on deaths are, if anything, even more startling. According to the Bureau of Labor Statistics, 13 people a day are killed on the job somewhere in the U.S.

Another 137 people succumb to occupational diseases, such as mesothelioma.

Agriculture has the highest fatality rate of any industry. Transportation and warehouse work also rank in the top ten.

It's true that the fatality rate has gone down somewhat compared to a few decades ago. Since Congress passed the Occupational Safety and Health Act in 1970, the number of fatalities per 100,000 workers has declined from 18 to 3.6.

Compared to the rest of the developed world, however, the U.S. fatality rate remains high. Many industrialized countries have much lower workplace fatality rates. These include Australia, Canada, France and Germany, among others.

Pennsylvania Construction Zones: Summer Season Starting

Construction injuries can take many forms. Falls from scaffolding, ladder collapses and job-related vehicle accidents are only some of the ways that construction workers can get hurt on the job.

These accidents can happen at any time of year. But Pennsylvania workplace injury lawyers are well aware that the summer construction season is about to kick off in the Keystone State and across the country.

That's why last week was National Work-Zone Awareness Week. The message of that week remains valid throughout the year. The chief operating officer of the PA Turnpike, Craig Shuey, urges drivers to "decelerate and concentrate" in work zones.

"Remember," he said, "if you encounter orange signs, cones or barrels, you are driving in an area where people are working to make the highway safer. Please give them the considerations of reducing your speed and focusing on driving."

Over the years, 32 employees of the Pennsylvania Turnpike have been killed on the job. Most of these fatal accidents occurred in work zones.

Turnpike officials do not want that number to increase, or for other injuries to occur. But an ambitious construction season is planned, and about 4,000 construction and maintenance employees will be out working - many of them right along the road.

OSHA Slow to Act on Workplace Safety Rules

In a dynamic capitalist economy driven by constantly evolving technology, workplaces change rapidly. And so, in turn, do the types of dangers that employees face in the workplace.

Federal safety rules should keep up with these changes. Pennsylvania workplace injury attorneys and other safety advocates are concerned, however, that needed updates to the roles often lag years behind.

Auditors from the Government Accountability Office reported recently that the main federal agency that regulates workplace safety takes an average of eight years to put in place new safety regulations.

That's right: OSHA typically takes eight years to adopt new rules on workplace hazards such as toxic chemicals!

OSHA Targets Nursing Homes and Care Facilities for Injury Reduction Program

Nursing homes and residential care facilities are dangerous places to work. In fact, federal statistics for 2010 show that the care facility industry had one of the highest rates of injuries and illnesses in the country.

Pennsylvania workers' compensation attorneys and other worker safety advocates are naturally concerned about this.

At the federal level, the Occupational Safety and Health Administration has recognized the need for action to improve safety and prevent workplace injuries. OSHA proposes to do this through a program known by the acronym NEP, for National Emphasis Program.

Currently, the incidence rate in nursing homes and residential care facilities for injuries and illnesses requiring time off work is more than double the average for all of private industry.

Much of this is due to overexertion. In care facilities, it is often necessary to lift patients - and that ergonomic stress can really put a strain on worker's back. Slips and falls are also common.

In addition, care workers often face serious, specifically health-related hazards. These include exposure to blood, human waste, and other materials that may carry infectious diseases.

Doctors' Reports and the Question of Pre-existing Conditions

Words matter. This is true in every aspect of human life. And it's no different when a workplace injury is involved.

Pennsylvania workers' compensation attorneys know that how a medical condition, illness or injury is described in a doctor's report has consequences. This is because an injury must be work-related to trigger eligibility for work comp benefits.

Put another way, worker's compensation does not apply when the injury in question was caused by a pre-existing condition.

Not surprisingly, employers have a tendency to try to present an injury as due to a pre-existing condition. Employees need to be wary of this, to protect their rights to workers' comp after an on-the-job injury.

For example, if an employee is lifting something at work, tendons in the arms or legs can become strained and torn. Tears can also be caused by other work activities that put pressure on the tendon. In some cases, the tears could be due to a condition the employee already had.

But let's suppose that an MRI exam finds that the strain is "acute." Such a finding makes it more likely that the employee will be able to show that the injury was caused by a specific work incident - and thus be able to receive workers' compensation.

Warehouse Workers, Internet Retailers, and Problematic Safety Records

More and more Americans are embracing online shopping. But few people probably pause to think about working conditions in the warehouses from which the products they buy are shipped.

Workers' compensation attorneys and government regulators are concerned, however, about the safety records of Amazon and other Internet retailers.

Overall, the frequency of workplace injury is high in the industry.

Last year, Amazon settled a lawsuit brought by a warehouse worker who asserted that a safety official for the company told him to tell emergency responders that an injury to his hip was not related to work - even though the warehouse worker believed it was.

The worker's injury was later reported after the Allentown Morning Call investigated Amazon's warehouse operations in Pennsylvania.

The investigation found that temperatures inside the Amazon warehouse were so high that the company positioned ambulances outside to facilitate taking workers to the hospital.

Vets Face Workplace Challenges as Second Injury Funds Diminish

When someone has already been injured, a second injury can often be particularly difficult. That is why, after World War II, many state governments created special funds to assist veterans returning to the workforce. The purpose was to help cover the cost of a subsequent injury that might become disabling.

These disability funds do not only help veterans. The funds also benefit people with pre-existing conditions, such as a missing limb or a missing eye, in the event of a second injury.

Pennsylvania workers' compensation attorneys are acutely aware of how, across the country, such funds are facing financial struggles.

About 20 states have already shut down their programs. In some other states, the funds are on the verge of insolvency.

This trend toward discontinuation of second-injury funds could not be happening at a more difficult time. After all, there are over 675,000 veterans from wars in Iraq and Afghanistan who are known to have various disabilities.

Preventing Repetitive Stress Injuries Should Be a Priority for Employers

It is so easy for employers to overlook ergonomics. Despite growing research on the importance of proper positioning, too many workers are subjected to workplaces that lead to repetitive stress injuries.

Workers' compensation claims are often the result of this seeming indifference to worker wellness.

It shouldn't take a workplace injury, however, to convince employers to do the right thing ergonomically. This means making sure sound ergonomic procedures are used at work stations - and in all other places where employees work.

Repetitive stress injuries do not only occur in offices where people type all day long. They also occur in manufacturing jobs and on construction sites. In fact, as many as 1 in 3 injuries in the construction industry could be prevented by using proper ergonomic procedures.

U.S. employers frequently fail to use such procedures. As a result, according to one estimate, the cost to employers of repetitive stress injuries (RSI) may be over $1 billion a year.

Obesity and Pennsylvania Workers' Compensation Claims

Obese workers face many challenges. In a culture obsessed with rail-thin fashion models, people who are packing plenty of pounds often encounter various forms of social disapproval.

Research shows that the challenges also include higher susceptibility to workplace injuries. A workers' compensation attorney can explain the ramifications of this research for your specific case.

Briefly, the research suggests that obese people who submit workers' comp claims tend to miss more days of work than healthy-weight employees with comparable injuries. The obese workers are also more likely to have more expensive medical bills - and more likely to suffer a permanent disability.

According to the Centers for Disease Control and Prevention, more than 1 in every 3 adults is obese. In 2009, the federal data showed that 37.5 percent of adults are obese.

The health conditions that can become more common when someone is obese include diabetes and hypertension, as well as stroke, heart disease and cancer.

These conditions are called "co-morbid" conditions. They can make it harder for doctors to determine how much medical improvement a worker can reasonably be expected to make following an injury.

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Laputka, Bayless, Ecker & Cohn, PC
2 E Broad St
Sixth Floor
Hazleton, PA 18201

Phone: 570-861-5905
Phone: 570-599-1597
Toll Free: 800-582-6452
Fax: 570-459-0729
Hazleton Law Office