Occupational hearing loss is a serious concern that often flies under the radar. It’s a condition that results from exposure to excessive noise levels and chemicals in the workplace. While hearing loss may not be as immediately visible as a broken bone or a burn, it’s a real and permanent problem that often results in workers’ compensation claims.

How many workers are at risk of job-related hearing loss?

Occupational hearing loss is one of the most prevalent work-related conditions. Hearing risks are present across all industries, affecting millions of U.S. workers each year.

The NIOSH Recommended Exposure Limit is 85 decibels (A-weighted) averaged over an eight-hour workday. However, roughly 22 million workers are exposed to noise levels well above the recommended exposure limit.

Another 30 million workers encounter ototoxic chemicals that can harm their hearing. This chemical disrupts the cochlea, a spiral-shaped structure in the inner ear that contains thousands of hair cells. These hair cells are responsible for detecting different frequencies of sound.

What are the consequences of occupational hearing loss?

Hearing loss can be life-altering, impacting individuals in several ways. This includes:

• Communication difficulties: A direct consequence of hearing loss is communication difficulties. It becomes challenging to maintain relationships with others, both personally and professionally.
• Health issues: Hearing loss is not an isolated problem. It’s linked to tinnitus (ringing in the ears), heart problems, cognitive decline, and poor mental health. These issues can significantly impact a worker’s quality of life.
• Safety concerns: Workers suffering from hearing loss may also face concerns about personal safety and the safety of those around them. In a work environment, this can lead to accidents and injuries if a worker can’t hear potential hazards.

How can I prevent occupational hearing loss?

The good news is that occupational hearing loss is preventable. Employers should prioritize their employees’ hearing health by implementing comprehensive hearing conservation programs. This includes:

• Implementing noise control measures.
• Offering regular hearing testing.
• Providing personal protective equipment, such as earplugs or earmuffs.
• Training employees about the risks of workplace noise and the importance of protecting their hearing.

Workers should also take responsibility for their own hearing health by using the provided protection and reporting any concerns to their employers.

Should I file a workers’ comp claim if I lost my hearing?

If you have experienced occupational hearing loss, it’s crucial to understand your rights. You have the right to file a workers’ compensation claim in Massachusetts or Rhode Island. The workers’ compensation system provides financial and medical support to those who have suffered job-related injuries or illnesses. This includes hearing loss caused by workplace conditions.

The experienced legal team at the Law Offices of Deborah G. Kohl understands the workers’ compensation process. Our attorneys can work tirelessly to ensure your claim is properly filed and you receive the benefits you deserve. We understand that hearing loss can have a profound impact on your life, and we’re here to support you every step of the way.

Don’t let occupational hearing loss go unaddressed. Contact us to schedule a free consultation. We’ll go over your potential legal options and answer any questions you have.

It’s easy to believe that workplace injuries only happen in certain occupations. For example, construction, manufacturing, and warehouse workers are the most at risk of sustaining injuries on the job.

However, recent research challenges this assumption. It reveals that workers in highly hazardous jobs are less prone to on-the-job injuries than those with moderately dangerous occupations.

Which types of workers are most at risk for workplace injuries?

A study based on 2019 Labor Department data assessed the injury rates across 571 occupations. The injury rate for hazardous jobs such as wellhead pumpers and boilermakers was around three incidents per thousand workers. In contrast, moderately risky jobs recorded significantly higher injury rates. That includes:

• 23 per thousand for pest-control specialists
• 43 per thousand for baggage handlers
• 120 per thousand for welders

At the same time, low-risk professions, such as human resource specialists or loan officers, displayed low injury rates.

A second study explored maritime accidents and their correlation with sea and wind conditions. The highest accident rates occurred when conditions were moderately hazardous, not during extreme conditions.

James Beck, an associate professor at the University of Waterloo in Canada, is one of the study’s co-authors. He sheds light on this paradox. Workers react differently in highly dangerous situations. For example, they often:

• Display caution by adhering to safety protocols
• Wear protective gear
• Follow stringent rules

However, this cautious behavior tends to dissipate in situations perceived as only moderately hazardous.

Video game study reinforces findings in workplace injuries

The researchers conducted a third study to gain deeper insights into worker behavior. In a controlled environment, they asked 92 undergraduates to engage in a simulated video game set in a warehouse. Participants were tasked with placing boxes on shelves with varying degrees of stability. The catch was that some shelves in closer proximity had a greater chance of collapsing.

The results showed that when participants faced a moderately hazardous scenario with a 30% chance of shelf collapse, accidents were 66% more frequent. That’s in contrast to simulations with 10% or 50% chances.

This research suggests that companies should emphasize precautionary measures when the overall risk only increases moderately. While many find it challenging to grasp such risk levels, focusing on precautions will likely reduce workplace accidents and injuries. This approach underscores the importance of worker training and awareness in maintaining workplace safety.

Common injuries in moderately dangerous workplaces

While the specific dangers can vary, some common types of workplace accidents in moderately hazardous jobs include:

• Slips, trips, and falls: In moderately hazardous jobs, such incidents can occur due to wet or uneven surfaces, cluttered workspaces, or inadequate lighting.
• Musculoskeletal injuries: Jobs involving repetitive tasks or lifting heavy objects can lead to musculoskeletal injuries. Back strains, muscle sprains, and joint problems are common.
• Struck-by accidents: Struck-by accidents can result from the improper storage of materials or the lack of protective barriers.
• Electrical accidents: Occupations that involve working with electrical equipment or machinery can lead to electrical shocks or fires if safety precautions are not followed.
• Exposure to hazardous materials: Some jobs may require handling or exposure to hazardous materials, chemicals, or substances. Accidents in such environments can lead to chemical burns, respiratory problems, or other health issues.

What to do if you sustained an injury on the job

If you sustained an injury on the job, you may be out of work for weeks or months while you recover. On top of that, the medical bills could pile up. The good news is that you can receive financial benefits through a workers’ compensation claim while you’re out of work. However, getting financial benefits isn’t as simple as it sounds. Any errors in your application or filing process could result in your benefits getting delayed or denied.

The Massachusetts and Rhode Island workers’ compensation attorneys at the Law Offices of Deborah G. Kohl can help you through the process. They can gather evidence to support your claim and advocate for maximum compensation on your behalf. To learn more about how we can help with your potential case, contact us online and set up your free initial consultation.

Working in construction comes with inherent risks; among them, traumatic brain injuries (TBIs) are a significant concern. Every day, construction workers face potential TBI risks on the job.

Head and brain injuries are common in construction

Although head injuries are largely preventable, they remain a considerable hazard for construction workers. With National Concussion Awareness Day falling in September, we can shed light on the various forms of TBIs, ranging from minor concussions to more severe cases, and underscore the importance of awareness and safety measures within the construction industry.

In the unfortunate event of a construction-related TBI, it’s essential to understand that you have legal rights and options available to you. Seeking compensation for your injuries and ensuring that your rights are protected can be a complex process, which is why consulting an experienced construction accident lawyer is crucial.

What is a traumatic brain injury?

According to Occupational Health & Safety, a traumatic brain injury affects the brain’s normal function. TBIs can happen from a direct hit to the head, a penetrating injury, or a jolt. You may be suffering from a TBI if you are experiencing any of the following symptoms:

• Headaches
• Dizziness
• Nausea or vomiting
• Sensitivity to light or sound
• Fatigue

Traumatic brain injuries can vary in levels of severity. At the milder end of the spectrum are concussions, which typically involve temporary symptoms like confusion and headaches. More severe TBIs can result in long-term complications such as impaired motor skills, cognitive deficits, mood disorders, and, in the most serious cases, coma or permanent disability.

Fall-related TBIs

Falls are a leading cause of traumatic brain injuries among construction workers. They often happen when workers are exposed to dangerous situations, such as working at heights. Common factors that can cause a fall on a construction site include:

• Lack of fall protection
• Absence of safety equipment such as guardrails
• Misuse of ladders and other equipment
• Failure to use protective gear
• Slippery or uneven surfaces
• Weather conditions

TBIs resulting from construction falls frequently occur due to a direct impact on the ground or other hard surfaces. Despite using safety gear like hard hats, the force of a direct impact can still be strong enough to cause a TBI.

Struck by falling and flying objects

In the construction industry, there’s another significant TBI risk: flying and falling objects. These accidents happen when materials, tools, or debris are propelled into the air, often due to equipment malfunctions, improper handling, or weather conditions. The risk of these objects becoming airborne increases when work zones are crowded and busy work zones.

When an object hits a worker, the impact can lead to an injury because of the force and weight involved. These accidents can result in various levels of TBIs, ranging from mild concussions to skull fractures and even penetrating wounds.

Talk to a workers’ comp attorney today

Struck-by accidents are a common cause of workplace injuries and fatalities. They occur when workers get struck-by objects and can happen in a wide range of industries and settings. They typically involve contact with tools, equipment, vehicles, materials, or even falling objects.

Employers play a crucial role in preventing struck-by accidents

Knowing the potential risks on the job and what action to take if you’re injured is important. The workers’ compensation attorneys at the Law Offices of Deborah G. Kohl discuss the four types of struck-by accidents, how employers can prevent them, and how to file a claim.

What are the four types of struck-by objects accidents?

There are four main categories of struck-by accidents, as defined by the Occupational Safety and Health Administration (OSHA):

• Struck-by flying object: This occurs when an object becomes airborne and strikes a worker. For example, a tool or material may be ejected from a machine and hit a worker.
• Struck-by falling object: This type of accident happens when an object falls from a height and strikes a worker below. It can occur in construction, manufacturing, or warehouse environments where materials or equipment are stored or moved overhead.
• Struck-by swinging object: In this scenario, an object that is being swung or suspended strikes a worker. This can include cranes, hoists, or equipment on a swing arm.
• Struck-by rolling object: This type of accident involves objects that roll, move, or slide. Examples include vehicles, forklifts, and carts.

What should employers do to prevent struck-by accidents?

Preventing struck-by object accidents is a crucial aspect of workplace safety. Employers can take various measures to reduce the risk, such as:

• Providing appropriate personal protective equipment (PPE)
• Implementing safety training programs
• Securing materials and objects properly at heights
• Storing heavy items close to the floor
• Using safety barriers and warning signs
• Securing loose items
• Using caution around corners
• Lifting all loads evenly
• Training workers on potential hazards and encouraging them to follow safe worker practices.

What should I do if I was injured in a struck-by object work accident?

If you’ve been injured in a struck-by accident at work, taking certain steps to protect your legal rights is essential. Here’s what you should do:

• Seek immediate medical attention: Even if your injuries seem minor, getting a medical evaluation is important. Some injuries may not be immediately apparent but could worsen without treatment.
• Report the accident: Inform your supervisor or employer about the incident immediately. Be sure to follow your workplace’s specific reporting procedures. Provide a detailed account of the accident, including the date, time, location, and any witnesses present.
  Document the incident: Write down a description of how the accident occurred and any contributing factors. If possible, take photographs of the accident scene, your injuries, and any equipment or objects involved. Visual evidence can be valuable when filing a workers’ compensation claim.
• Follow doctor’s orders: Attend all medical appointments and follow your healthcare provider’s treatment plan. Also, keep records of your medical treatment, including diagnoses, prescriptions, and medical bills.
• File a workers’ compensation claim: To recover medical expenses and lost wages, you’ll need to file a workers’ compensation claim. You’ll have to apply in Massachusetts or Rhode Island to start the process. The application process can be confusing. To avoid any delays in your compensation, it’s best to have an experienced workers’ comp lawyer help you.
• Consult with an attorney: To receive financial benefits, you’ll need to prove that your injury was work-related. Be sure to consult with an attorney who can gather the facts and present your case before the Massachusetts or Rhode Island workers’ compensation boards. An attorney can also advise you on your legal rights, help you navigate the workers’ compensation system, and handle all the complex paperwork.

Contact a workers’ comp lawyer today

If you’ve been injured in a struck-by accident in Massachusetts or Rhode Island, an attorney at the Law Offices of Deborah G. Kohl can help. We know how workers’ compensation cases work and have a proven track record of successfully representing injured workers.

Take the first step and contact us online to schedule your free consultation. We’ll work tirelessly to help you get the benefits you deserve while you focus on recovery.

A construction accident lawyer reveals what you should know

Employees who work for newer construction companies file the most construction accident workers’ comp claims, according to a new study conducted by AmTrust Financial Services Inc., an insurance company that handles claims filed by injured construction workers.

In a recent article published by Business Insurance, the insurance company’s contractor risk report found that employees who work for construction contractors that have been in business for less than four years make up 75 percent of all workers’ compensation claims paid to injured construction workers.

What construction workers are the most at risk?

AmTrust Financial Services’ report was based on an in-depth analysis of 26,000 workers’ compensation claims filed within the past 10 years, according to Business Insurance. The report also identified which workers are most at risk and what types of injuries they sustained the most. Researchers concluded that the following workers are most at risk of sustaining an injury in a construction accident:

• Construction workers with less than one year of experience made up 33 percent of all workers’ compensation claims.
• Construction workers with one to two years of experience made up 16 percent of all claims.
• Plumbers file 28 percent of all workers’ compensation claims.
• Electricians file 19 percent of workers’ compensation claims.
• August was the month in which the most claims were filed (construction work is often seasonal and takes place during the warmer months)

These are just some of the workers who face the highest risk of sustaining an injury or illness that requires medical care, time off from work, and other treatment often associated with workers’ compensation claims. Even so, all construction workers face a high risk of sustaining a serious workplace injury. That’s why workplace safety is so important on job sites.

Construction accident statistics

Certain types of construction accidents often result in workers’ compensation claims. According to the AmTrust Financial Services’ report, the most common injury claims among construction workers involve:

• Slip, trip, or fall accidents – Specifically, lost workdays due to slip and fall injuries were 67 percent greater than the median for all injuries, at 21 days away from work.
• Lifting strains – The most common construction accident injury at 11 missed workdays.
• Burn injuries – The second-highest median days out from work at 19 missed workdays.

Many other injuries frequently result in days away from work to rest, recover and receive medical care. When this happens, it’s critical that injured construction workers get the support they need and deserve to fully recover. That’s why it’s important to fully understand your legal rights.

Talk to a construction accident attorney today

Construction accidents might seem like straightforward workers’ compensation claims. Unfortunately, these claims can quickly turn into complex legal cases. Don’t be surprised if your injury claim is rejected by your employer’s insurance for any number of reasons. That’s because insurance companies will look for any excuse to reduce or deny your claim, whether they say you have a pre-existing medical condition or that you got hurt outside of work.

At the Law Offices of Deborah G. Kohl, we know how to handle complex legal cases. We have years of experience handling injury claims for construction workers throughout Massachusetts and Rhode Island. As your attorney, we can get straight to work on your case, including helping you pursue a third-party claim for damages, if applicable.

Discover what we can do you and contact us right away to schedule a free case evaluation with an experienced workers’ compensation lawyer. We understand how the legal system works when it comes to construction accidents and can work with you to build the strongest possible legal case. Schedule an appointment today. We have three offices conveniently located in Rhode Island and Massachusetts, and we handle construction claims in both states.

An experienced workers’ comp lawyer explains

Nurses, doctors, surgeons, occupational therapists, medical technicians, and other healthcare professionals working in hospitals face a significantly higher risk of sustaining an injury or illness on the job compared to other professions, according to the Occupational Safety and Health Administration (OSHA), the federal agency responsible for enforcing workplace safety and health standards nationwide.

According to the most recent OSHA workplace injury and illness statistics, hospitals nationwide reported 221,400 work-related injuries and illnesses in 2019. Such work-related illnesses and injuries amounted to 5.5 incidents for every 100 full-time hospital employees. That incident rate is almost twice as much as the injury and illness rate for all private industries nationwide, making hospitals “one of the most hazardous places to work,” according to OSHA.

Many work-related injuries and illnesses are eligible for workers’ compensation benefits. However, obtaining these benefits can often be challenging. This is why it’s important for sick or injured hospital professionals to better understand the issue and their legal rights.

Common hospital worker injuries

Injuries sustained in hospitals by employees working there can cover a wide range. Common injuries among nursing aides, orderlies, medical assistants, paramedics, and other hospital professionals include:

• Broken bones due to slip and fall accidents, being crushed by an object, falling from a height or blunt force trauma.
• Musculoskeletal disorders (MSD) due to hazardous or dangerous working conditions. MSDs often involve injuries to the muscles, nerves, joints or tendons due to repetitive work involving muscle strains and sprains, as well as carpal tunnel syndrome. This is why an MSD is often referred to as a repetitive motion injury, overuse injury, or repetitive stress injury.
• Back injuries, especially lower back injuries, due to overuse or as a result of a single incident. Such injuries can range from chronic lower back pain to a herniated disc, which is also known as a bulging disc.
• Head injuries, including concussions and other traumatic brain injuries (TBIs). These injuries are often sustained in slip and fall accidents or due to physical assaults by patients, co-workers, or the general public.
• Strained or sprained muscles, either due to overuse over time or a single, direct blow to the muscle. Either way, hospital workers and other healthcare professionals face a high risk of sustaining such injuries.
• Cuts and lacerations, including deep skin cuts to subcutaneous tissue, the innermost layer of skin. These types of cuts often require stitches, staples, or sometimes even surgery.

These are just some of the injuries hospital professionals regularly sustain on the job. There are many other types of injuries that can be just as serious and which require immediate medical attention.

Common hospital worker illnesses

Unlike many other professions, hospital workers face a high risk of contracting an illness on the job. Common illnesses sustained by hospital professionals include:

• Healthcare-acquired infection (HAI), which is an infection acquired in a hospital or another healthcare setting, including an acute care hospital, skilled nursing care facility or emergency room. Infections include pneumonia, gastrointestinal illness, urinary tract infections and Methicillin-resistant Staphylococcus aureus (MRSA), otherwise known as a staph infection.
• Sepsis, which is an illness in response to a severe infection. If not treated immediately, sepsis can be life-threatening.
• Airborne diseases such as measles, influenza (flu), and whooping cough (Pertussis). Hospital workers often contract such diseases due to coming into close contact with infected patients.
• Viruses such as the coronavirus, which can cause diseases such as COVID-19, due to exposure to patients and other people in the hospital with such diseases.

These are just some of the illnesses hospital professionals face every day on the job. This is why it’s important that hospitals take precautions to prevent worker illnesses or injuries.

Keeping hospitals safe and clean

There are many preventative steps hospitals can take in an effort to prevent workers from sustaining a serious injury or illness on the job, including:

• Maintaining sanitary conditions in the hospital.
• Hospitals providing workers with safety equipment and proper safety training.
• Providing employees with ergonomic equipment designed to prevent repetitive stress injuries.
• Providing workers with break times during their shift, especially if the job is physically demanding.
• Hiring security personnel to protect hospital workers from harm.

These are just some of the steps hospitals can and should take to protect workers’ health and safety. Unfortunately, some hospitals do not take all of these preventative measures, resulting in a serious workplace injury or illness. When that happens, it’s important that hospital workers understand their legal rights.

A workers’ comp attorney can help

If you sustain an injury or illness while working in a hospital, you may be eligible to receive workers’ compensation benefits and other benefits designed to help with your medical care and recovery. Unfortunately, obtaining workers’ comp benefits can sometimes be very difficult. This is why it’s important to talk with an attorney right away if you get hurt or sick while working in a hospital.

At the Law Offices of Deborah G. Kohl, we have years of experience helping hospital workers and other employees throughout Massachusetts and Rhode Island. As a result, we’re familiar with the state and federal rules and regulations that apply to healthcare workers and workplace safety. As your attorney, we can thoroughly investigate your claim and serve as a strong legal advocate, every step of the way.

Learn more about how we can help you and contact us today to schedule a free case evaluation with an experienced workers’ compensation lawyer. We have three office locations in Rhode Island and Massachusetts and handle workplace injury claims in both states.

Lawyers who handle workplace injury cases explain

Many construction accidents occur due to dehydration and workers overheating, according to a recent study that emphasized the importance of construction workers staying properly hydrated while working in hot and humid weather.

An estimated 5 to 10 million construction workers face health risks every day on the job due to overheating, according to the study. That’s why it’s critical that construction companies provide regular access to clean drinking water to employees in order to avoid heat-related injuries.

“Without easy access to fluids, workers can become dehydrated, which is a prime cause of heat illness,” the study states, adding that the “health benefits of proper hydration” makes “for a more productive and healthier work force.”

How common are heat-related injuries?

A total of 79,660 construction workers sustained injuries on the job that required them to miss work in 2019, according to annual workplace injury statistics compiled by the U.S. Bureau of Labor Statistics. Precise statistics concerning how many of those injuries involved excessive heat exposure were not available.

However, heat exposure-related injuries involving all workers in all industries have been a problem for years, according to the Occupational Safety and Health Administration (OSHA). In particular, OSHA noted that 50 to 70 percent of heat exposure-related illnesses or injuries “occur in the first few days of working in warm or hot environments because the body needs to build a tolerance to the heat gradually over time.”

In addition, OSHA noted that roofing workers are some of the most at-risk construction workers when it comes to heat-related illnesses and injuries. Specifically, thousands of roofers become seriously sick each year due to occupational heat exposure, another OSHA study stated.

What’s the best way to prevent heat illness?

The best way to avoid heat illness while working at a construction site is to stay properly hydrated throughout the day. This means drinking water regularly. Construction workers should drink 5 to 7 ounces of fluids every 15 to 20 minutes, OSHA recommends.

In addition, employers need to make sure that construction workers have access to water at all times on the job. Employers also need to make sure that construction workers have the time to take short breaks in order to regularly drink water.

Construction workers and employers should also be aware of the warning signs of heat exhaustion or other heat-related illnesses:

• Dizziness or lightheadedness
• Throbbing headache
• Bright red skin
• Vomiting and nausea
• Muscle cramps
• Disorientation or confusion

Construction workers and construction companies need to take warning signs very seriously. Otherwise, workers can get very sick or ill due to heat exhaustion, dehydration, and other heat-related illnesses.

How can a lawyer help?

You might think you don’t need an attorney if you sustained a heat-related injury or illness while working at a construction site. Many cases often turn out to be complicated legal matters, however. Sometimes, it’s because the construction company denies doing anything wrong. Other times, the construction company’s insurance company can make things difficult and deny your injury claim.

Construction accident attorney Deborah G. Kohl and her talented legal team at the Law Offices of Deborah G. Kohl know how to deal with these types of cases. Our familiarity with them comes from years of working with construction workers injured on the job in Massachusetts and Rhode Island. You may be entitled to financial compensation in the form of workers’ compensation benefits or additional money, especially if the construction company you work for failed to take preventative steps to protect your health and safety.

Learn more about your legal rights if you or a loved one sustained a serious injury or illness due to heat exposure at a construction site. Contact our law firm and schedule your free case evaluation at one of our three office locations in Massachusetts and Rhode Island.

Our attorneys explain what you need to know

Two Veterans Affairs hospital employees who were killed while on the job died due to unsafe working conditions that could have been prevented, according to a recent federal investigation.

The fatal work accident occurred in November 2020 in West Haven, Connecticut, according to the Hartford Courant. A recent investigation conducted by the Occupational Safety and Health Administration (OSHA) revealed the incident occurred due to hot steam rapidly releasing onto the two workers. Three other workers were injured in the accident, and the OSHA investigation discovered nine safety violations, including a lack of safety measures that could have prevented the hot steam accident.

Worst of all, such accidents are not isolated incidences. Thousands of people are killed and injured each year around the country in workplace accidents.

How common are workplace accidents?

Despite efforts to improve workplace safety, accidents in the workplace remain common and result in thousands of fatalities and injuries every year. In 2019, there were 2.8 million workplace accidents nationwide, according to statistics compiled by the U.S. Bureau of Labor Statistics. Such accidents resulted in 888,200 injuries, including 295,180 muscle sprains, strains or tears, along with 136,190 back injuries.

As for workplace fatalities, they reached a 12-year high in 2019. That year, there were 5,333 workplace fatalities, according to the Bureau of Labor Statistics. That figure is the highest number since 2007 when there were 5,657 workplace fatalities.

As for where the workplace fatalities took place in 2019, Massachusetts had 86 workplace fatalities and Rhode Island had 10 fatalities. The state with the most workplace fatalities in 2019 was Texas, where 608 workers died in work-related accidents.

What are the common causes of these accidents?

While workplace accidents happen for many different reasons, certain situations often result in more workplace accidents than others. The most common cause of workplace fatalities are road-related accidents in which employees are driving for work-related purposes. In 2019, for example, 1,270 work-related fatalities occurred due to roadway incidents.

Slip, trip and fall accidents are another common cause of workplace injuries and fatalities. In 2019, a total of 244,000 injuries and 880 fatalities occurred due to slip and fall accidents at work.

Other common causes of fatal workplace accidents include coming into contact with another object or workplace equipment (which resulted in 732 workplace fatalities nationwide in 2019) and exposure to harmful or dangerous substances (642 fatalities in 2019), according to the U.S. Bureau of Labor Statistics.

How can a lawyer help me?

You might think you don’t need an attorney if OSHA or another state or federal agency is investigating your workplace accident. State or federal investigators are focused on determining the cause of your accident, however, not whether you’re fairly compensated for your injury-related expenses. In addition, your employer, their insurance company, and their attorneys are often doing everything they can to pay you as little as possible or deny your injury claim.

Workplace accident attorney Deborah G. Kohl and her talented legal team at the Law Offices of Deborah G. Kohl have years of experience handling these types of cases. As a result, we’re familiar with the state and federal rules and regulations governing workplace safety. We know how to investigate workplace accidents and find evidence in support of your claim. Whether it’s reviewing inspection reports or accident records, we work tirelessly to build the strongest possible legal case. Learn more about how our law firm can help you with your workplace accident. Contact us and schedule your free case evaluation at one of our office locations in Massachusetts and Rhode Island.

As more and more states legalize recreational marijuana, businesses are becoming more comfortable hiring and keeping workers who are regular cannabis users. In states where marijuana is legal, many companies have stopped testing for weed when they drug test new hires.

In a recent The Wall Street Journal article, business owners said that they do not want to turn away talent just because that person may have smoked marijuana over the weekend.

Also, they noted, marijuana drug tests don’t provide detailed data. Someone who smoked marijuana a month beforehand could still test positive for cannabis. Meanwhile, over the last 5 years, the number of U.S. workers testing positive for marijuana has grown steadily.

Lenient attitudes about its use and easy access to marijuana contribute to a riskier work environment for everyone.

Employees that tested positive for marijuana had 55% more industrial accidents than those who tested negative, according to the National Safety Council.

Marijuana dulls people’s motor skills, slows their reaction time, and messes up their short-term memory. A co-worker trying to do their job under any of these conditions increases the likelihood of a workplace accident.

Your right to a safe workplace

Employers have a responsibility to their employees to provide them with a safe work environment.

As a workers’ compensation firm, the Law Offices of Deborah G. Kohl has been hearing from a lot of employees who have been hurt due to the reckless actions of impaired coworkers.

The facts back up what we’re seeing in our local offices in Fall River, Foxborough, and Providence, Rhode Island. Quest Diagnostics, Inc., one of the largest drug-testing labs in the nation, recently reported that of the 7 million drug tests they ran in 2020, about 2.7% came back positive for marijuana. This is up from 2% in 2016.

Going by the numbers alone, there are most likely more people at your work who are high, or possibly muddling through a marijuana hangover, than ever before. Can companies maintain safety standards and allow for marijuana use?

Why some companies stopped testing for marijuana

Now that marijuana is legal in 17 states, and many more have medical cannabis programs, some employers in these and neighboring states have loosened their drug testing policies.

In Massachusetts, marijuana is legal for adult recreational use. In Rhode Island, marijuana is decriminalized and there is a medical marijuana program. Attempts to legalize marijuana in this session — which wraps up at the end of June — seem to have stalled.

Businesses typically drug test employees when they are new hires, as part of random testing programs, or after a workplace accident or suspicion of drug use. Even though marijuana is legal, companies would still be in their right to test for it — they often test for alcohol. The difference between the alcohol and marijuana tests, though, is reliability.

There are currently no fool-proof breath, urine, or blood tests readily available for marijuana that can tell an employer when an employee last used it. Someone who has a positive urine test may have smoked marijuana anywhere between weeks and hours ago. This has made it challenging for companies to enforce anti-drug policies.

Some businesses have stopped testing for marijuana altogether, while others have stopped figuring it into hiring decisions.

Other companies have dropped marijuana tests in an effort to be more attractive employers. The hospitality and restaurant industry, in particular, decided to make room for marijuana. About 6.3% of workers in this industry had tested positive for marijuana in 2020 — the highest rate out of any other business sector.

The difficulty some businesses are having in attracting employees post-pandemic may further encourage companies to drop marijuana testing.

Marijuana increases the risk of work accidents

Not all employers, however, are so mellow about marijuana. In industries where heavy equipment is used, like construction and transportation, many employers are maintaining strict anti-marijuana drug policies.

This effort shouldn’t be restricted to big rigs and building, though. An impaired worker can cause a careless accident in a restaurant just as easily as they can in a warehouse.

Employees who test positive for marijuana had 85% more injuries and 75% greater absenteeism compared to those who tested negative, the NCS said. They’re also less productive and cause more accidents.

Strong anti-drug policies

Just because it is difficult to pinpoint when someone last used marijuana — possibly on the job, right before going into work, or suffering a weed hangover — does not mean employers should stop testing for it. Strong zero-tolerance workplace drug policies lead to safer jobs.

A good drug policy should include manager education, access to support for employees with drug problems, clearly defined use and possession parameters, established rules for post-accident testing, and rules on how you will handle an employee’s conviction or arrest. The policy has to be clearly written to reduce the risk of legal challenges.

Personal attention for injured workers

People who work high pose risks to their fellow co-workers. Employers should not tolerate marijuana use at work and educate workers about the dangers of using marijuana while on the clock — or right before getting to work.

If you were injured while on the job, you have the right to pursue workers’ compensation benefits to cover the cost of your medical expenses and your lost wages.

Depending on the specific details of your case, you may also be eligible to file a third-party injury claim. The key is talking to an attorney as soon as possible to figure out all your available options.

For workers’ compensation cases, not understanding how to navigate the system and missing an important deadline may result in your claim being denied.

With so much on the line, people injured on the job should consult with an experienced workers’ compensation lawyer who knows how to fight for the benefits you’re entitled to.

At the Law Offices of Deborah G. Kohl, we know the workers’ compensation system inside and out. We have been helping injured workers in Massachusetts and Rhode Island for years, and we would be honored to help you get back on your feet.

If you or someone you love was recently injured on the job, contact our law firm for a free case consultation. We will talk with you about the details of your injury and help you weigh your legal options.

Call or email us today to learn more about your rights.

Every year, fractures (broken bones) account for tens of thousands of work injuries across the United States, according to the Bureau of Labor Statistics. Certain fields such as construction are particularly at risk, but a fracture can occur at any time in any workplace, especially among older workers.

Employers are responsible for maintaining safe premises and protecting their workers from the risk of fractures. That’s why it’s so important to know the causes of broken bones:

• Falls: even a slip or trip and fall can result in a fracture, though the more dangerous falls are from ladders or other elevated surfaces. Employers need to maintain their workspace to prevent falls and provide personal protective equipment to limit the risk of serious injury.
• Struck by/against accidents: when a worker is hit by a falling object or slammed into a hard object with force, bones can experience significant trauma.
• Machinery accidents: some types of machinery can crush hands or feet that are caught in them, or twist a limb with such force that bones are broken.
• Work-related car accidents: depending on how the crash happens, a motor vehicle accident can break nearly any bone in the body. Workers may break their arms when bracing for impact or their legs when the cab of a vehicle crumples around them.
• Repetitive motion injuries: the vibration of certain power tools can cause stress fractures in the hands and wrists over time.

Other types of incidents, such as workplace violence, can also occasionally result in broken bones. Regardless of the cause, a fracture is a significant injury that requires immediate medical attention — and will have a significant effect on the worker’s ability to do their job.

The high cost of a fracture at work

Simple fractures can be treated with a cast or splint to hold the bone in place while it heals, but more serious breaks may require more invasive treatment. An orthopedic surgeon may have to operate on the broken bone to put it back together and insert metal screws or plates to hold it in place, with follow-up surgery required months or years later to take the hardware back out. Certain types of breaks may require traction, a process where weights are used to slowly realign the bones. Patients in traction may be bedridden for several weeks or more. Moreover, because broken bones have to be immobilized while they heal, physical therapy is often needed to regain the full range of motion and strength of an affected limb. During the recovery period, the injured worker may need to use assistive technologies such as crutches or a wheelchair to get around, depending on which bone is broken.

Depending on which bone is broken and the nature of the injured worker’s job, a broken bone may require weeks or months away from work. A worker who can perform some but not all of their responsibilities while a bone heals may have to take on a “light duty” role with less pay. Depending on the type of break, there may be permanent damage that will have long-term effects on the injured worker’s career.

An experienced workers’ compensation lawyer can protect your rights

Workers’ compensation pays for a percentage of your lost wages if you are unable to work due to an injury, plus the full cost of all reasonable and necessary medical treatment for the injury — surgery, pain medication, medical devices, physical therapy, and so on. If you are able to return to work on “light duty” with fewer hours or less pay, workers’ comp likewise pays a percentage of the difference between your new wage and your pre-injury wage. However, navigating the system can be a complex and difficult process with potentially thousands of dollars at stake. You don’t have to deal with the workers’ compensation system alone. Contact the Law Offices of Deborah G. Kohl today for a free consultation.