Mar 2018

Work-Related Asthma Deaths On The Rise

Massachusetts workers' compensationEmployers are expected to take the health of their workers into consideration by ensuring that the work environment is safe, employees are properly trained to handle materials and employees are provided with protective gear.

Failure to do so can result in one of the many fatal consequences among workers – deaths caused by asthma. According to Mayo Clinic, asthma is a condition that causes swelling, narrowing and inflammation in the airways. While asthma doesn’t always cause serious complications for those who suffer from it, an asthma attack can be deadly. For those who suffer from asthma, their work environment can be a contributing factor in an asthma attack.

Occupations and chemicals most likely to cause asthma

The Centers for Disease Control and Prevention (CDC) reported that an estimated 18.4 million adults in the US suffered from asthma in 2015, with approximately 3,396 asthma-related deaths. Additionally, occupational exposure to hazardous material was reported to cause 11 to 21 percent of asthma-related deaths among workers ages 15 to 64 from 1999 to 2016.

The CDC also determined the cause of asthma-related deaths in the workplace in 26 states during 1999, 2003, 2004, and 2007 to 2012. They found that:

  • Approximately 14,296 men and 19,011 women died from asthma.
  • The leading occupations in asthma-related deaths were construction for men and healthcare for women.
  • Industries with the highest rate of deaths involving asthma were food, beverage and tobacco manufacturing among men, and social services and social assistance among women.
  • Those most at risk of asthma-related deaths were workers ages 55 to 64, females, non-Hispanic/Latino people, and African-Americans.

According to the American Lung Association, other workers in other occupations are at risk of developing or worsening asthma. They include:

  • Teachers and school staff
  • Beauty salon workers
  • Janitors and housekeeping staff
  • Animal handlers
  • Construction workers
  • Laboratory technicians
  • Manufacturing laborers handling paper, textile, plastic and other materials
  • Bakers
  • Office workers

Occupational asthma can often be attributed to chemical exposure. These include:

  • Cleaning materials
  • Solvents
  • Disinfectants
  • Rubber latex
  • Antibiotics
  • Welding fumes
  • Paints
  • Chemicals found in insulation
  • Chemicals found in plastic
  • Rubber and foam
  • Compounds found in some foods

Asthma complications can start, or worsen, immediately after coming in contact with these materials. Sometimes, symptoms may take hours or days to manifest, but they always worsen while in regular contact with hazardous materials.

Preventative measures you can take

The first course of action to reduce asthma-related deaths in the workplace is taking preventative measures. In Massachusetts, reporting occupational diseases, such as asthma, is required by State Law (105 CMR300.180). The purpose of this reporting is so the Occupational Health Surveillance Program can collect and analyze data relating to occupational diseases.

If you find that your wheezing, coughing or difficulty breathing at worsens at work, you may be eligible for workers’ compensation. In that case, you should consult with an experienced workers’ compensation attorney who can further discuss your options. Contact The Law Offices of Deborah G. Kohl and find out how we can help you.

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Feb 2018

Recent Case Endangers Contractors In Massachusetts

Massachusetts workers' compensationIn January, the Massachusetts Supreme Judicial Court was tasked with answering the question of how the rising number of independent contractors are to be treated when it comes to workers’ compensation. The case of Ives Camargo v. Publishers Circulation Fulfillment had been found in a lower court generally in favor of the company, but an appeal was requested by both parties over details in how the ruling impacted them.

What’s At Stake

According to Jobs for the Future, a nonprofit operating in favor of working people at high risk of exploitation, the number of independent contractors in the United States has been increasing nearly every year since the late 1990s. Aside from one dip in employment that affected both employees and contractors in 2010, the number of contractors has continued to rise even when the number of employees was falling or remaining stagnant. There are benefits to this shift of employment status.

For contractors, this arrangement offers greater freedom in how, when, and where their work is performed. For employers, independent contractors provide needed or peripheral services with little obligation placed on the company. That benefit to companies is also reflected in one of the major drawbacks to contractors: Companies are not held to the same standards in their treatment of contractors as they are when dealing with employees. This means, for instance, that employers are not under obligation to cover workers’ compensation benefits for independent contractors.

What rights do independent contractors have?

Jobs for the Future argues for greater protections of independent contractors. They note a struggle in various cities to expand the rights of contractors, including a law in Seattle that is under a lawsuit and has been at least temporarily suspended by the courts. The Massachusetts court, in Camargo v. PCF, ended up ruling that Camargo should be considered an independent contractor and therefore is not entitled to compensation for the injuries she received while performing her duties to the company. While they cited other cases with similar employer/worker arrangements, this case establishes precedent for the specific matter of workers’ compensation, and it is a dangerous one to set.

Those who carry out the work of these companies deserve the basic protections that workers in America enjoy and should be able to hold their employers accountable for dangers that arise as part of their duties. We fight for workers who must battle their employers for their rights and protections. If you have a workers’ compensation claim, do not hesitate to call us and find out how we can help you.

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Feb 2018

Workplace Injuries and Illnesses on the Decline

Rhode Island workers' compensationThe Bureau of Labor Statistics has released data on workplace injuries and illnesses for 2016. These results continued a downward trend in overall reports that began in 2004, only interrupted in 2012 when the overall numbers did not change. While this information is highly encouraging on the surface, a deeper study shows that there is actually very little, if any, change in significant sets of available data.

Workplace Injury and Illness Rates

The Bureau of Labor Statistics report tracks five types of workplace injuries and illnesses among private employers. Two of those five showed a decrease, including the overall number, leaving the other three unchanged. Those other three, however, included cases with job transfer or restriction, which have remained the same for six years in a row. Cases with at least one day of work lost, however, have only held a value of 0.9 per 100 full-time worker equivalents for two years in a row. The combined dataset of just those two values also remained unchanged this year. In fact, all the change seen on the graph is directly the result of a slight decrease in other recordable cases. On the positive side, these numbers, taken together and compared to changes in public employment numbers, resulted in a reduction of total actual injuries and illnesses. In 2015, there were 3.66 million workplace injuries and illnesses reported, while 2016 saw 3.53 million.

The administrator of the Occupational Health and Safety Administration from December 2010 through January 2017, David Michaels, expressed concern to Bloomberg Environment. He stated that, “Whether it is 3 million, 4 million, or 5 million, it is unacceptable.” He also noted that BLS has done research into the actual accuracy of their numbers, and found a problem. Namely, when compared to workers’ compensation claims and emergency room reports, employers appear to be downplaying the number of workplace injuries and illnesses they actually encounter per year.

While there is a lot of room for improvement still, we can celebrate declining numbers of workplace injuries and illnesses overall. As long as there are still workplace accidents, the victims of those accidents need the help of professionals who understand the responsibility of employers to maintain safe working conditions and care about getting you the results you deserve.

In the event of a workplace injury or illness, contact an experienced workers’ compensation attorney at The Law Offices of Deborah G. Kohl and find out what we can do for you.

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Jan 2018

Winter Poses Hazards of Work Injury in Rhode Island

The new year has brought some brutal winter weather to New England.

However, for many workers, getting to work in inclement weather means the risks are just beginning. Snow and ice increase the risk of work injury in Rhode Island for a host of professions and can impact nearly everyone leaving the house to earn a living. Likewise, pursuing justice for injured workers may involve any number of areas of law, including traffic laws, premises liability, third-party liability, workers’ compensation and disability law.

IMPO Magazine, which focuses on Industrial Maintenance and Plant Operation, advises companies to review mandatory evacuation plans, perform a thorough job-hazards analysis focused on winter-weather conditions, provide training on identifying cold-related illnesses and injury risks (including risks associated with frostbite and hypothermia) and use signage and other visuals to highlight the risks.

Hypothermia and frostbite most often impact employees who work outdoors, although those working on docks or in warehouses, factories and storage facilities may also be at risk. Both absolute temperature and wind chill contribute to the risks. Employers must take steps to protect employees, including increased rest breaks and hydration. Hypothermia occurs when body temperature falls below 95 degrees. Frostbite results from frozen skin and most often impacts extremities, including fingers and toes, as well as exposed areas of skin like nose, ears, cheeks and chin.

Tens of thousands of injuries result from winter conditions

IMPO Magazine reports 42,000 employees a year miss at least one day of work due to injuries involving ice, sleet and snow. The Occupational Safety and Health Administration reports employees at particularly high risk of injury include delivery drivers, public safety personnel, roadwork crews and outdoor construction workers. Traffic accidents and slip-and-fall incidences are among the most common causes. Downed power lines, cave-ins from snow or ice accumulation on roofs and being struck by falling ice or debris are other potential causes of employee injury during winter months.

Risks associated with ice and snow removal include falls, heart attacks and back injuries, as well as risks associated with using snow-removal equipment like snowblowers and plows. While often overlooked, such risks often involve personnel inexperienced with using such equipment, which means workers are at increased risk of accident and injury.

For those driving for work or just to get back and forth to their job, the Rhode Island State Police offer a number of safety tips, including:

  • Never leave your car unattended while warming up.
  • Be especially careful on infrequently traveled roads and on bridges and overpasses, where ice will accumulate first.
  • Travel with a charged cell phone and at least half a tank of gas.
  • Do not follow too closely and allow yourself extra time to reach your destination.
  • Learn how to brake and steer to counter a slide.
  • Don’t pass snow plows and sand trucks.

While most of these risks are specific to winter, safety advocates remind motorists that driving in snow or ice also exacerbates the risks associated with common bad habits behind the wheel, like using a cell phone or driving distracted, speeding, following too closely and failing to use special care in high-risks areas like intersections and parking lots. If you have been hurt on the job due to winter weather conditions, speak to an experienced workers’ compensation attorney who can help weigh your options.

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Dec 2017

Workers’ Compensation Coverage For Rhode Island Retail Workers Injured During the Holiday Shopping Season

worker's compensation attorneysThe busy and hectic holiday shopping season holds the potential for many types of injuries at retail locations. Slips, trips and falls, parking lot car accidents, and even violence can occur as a result of chaotic circumstances at shopping centers. These risks do not just affect shoppers. Retail workers, too, can be injured in these types of accidents. A Rhode Island workers’ compensation attorney can help protect the legal rights of retail employees who are injured at work during the busy holiday shopping season.

The Many Types of Accidents That Can Occur at Retail Locations

Some retail property accidents are common. Others are less foreseeable. Such was the case when the roof of a Bristol shopping center collapsed during a snowstorm in March 2017. According to U.S. News and World Report, the affected unit of the Belltower Plaza was empty at the time of the collapse, and no one was injured in the incident. The rest of the plaza was shut down by the fire department and building inspector.

Violence can erupt at shopping centers as well. This was the cause of the tragic death of a Westerly man reported by U.S. News and World Report. After a brief, early-morning confrontation in the parking lot of a Westerly shopping center, the man was killed. The Rhode Island Department of Health gave the cause of death as “multiple trauma to the head.” The other man involved in the confrontation has been charged with manslaughter. The Westerly Sun reports that the two men did not know each other prior to the confrontation, and that no weapons were used in the assault. Surveillance video showed the two men involved in a brief physical exchange that lasted fifteen seconds.

Some holiday shopping days are especially prone to violence and injuries. According to the Daily Mail, ten people have died in the United States as a result of Black Friday shopping since 2007. The Daily Mail also identifies common Black Friday injuries, including parking lot car accidents and fights for parking spaces; stampede injuries such as crushed organs and broken bones; in-store injuries from falling merchandise or speeding shopping carts; and violent altercations over limited merchandise or restricted deals.

Retail Workers Injured on the Job Have Legal Rights

These same incidents can injure retail workers as well as shoppers. Any employee who is injured on the job may have access to different sources of compensation for their injuries. Employers carry workers’ compensation coverage to compensate retail workers who are injured on the job. More severe or permanent injuries may also entitle a worker to disability benefits. Finally, if a negligent third party is responsible for the injury, the injured worker may be able to pursue a personal injury claim.

Consult with a Rhode Island workers’ compensation attorney as soon as possible after any workplace accident. The hectic holiday shopping season can cause retail workers to sustain injuries on the job, and these injuries may be subject to many different types of compensation. We will help injured workers investigate all potential sources of compensation in order to protect their legal rights.  

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Nov 2017

Fatigue Causes Workplace Accidents in Rhode Island

There are many causes of workplace accidents. Fatigue is quickly becoming recognized as one of the top contributing factors, and is alarmingly common among American employees. It can also significantly increase the chances of being involved in an on-the-job accident. Workers may not even realize a fatigued coworker has placed them in danger.

Under a no-fault system, workers are generally barred from suing their co-workers or employers. However, they can file for workers’ compensation benefits, even if the workplace accident was their own fault.

The Scope of the Fatigue Problem

Fatigue has become such a common cause of workplace injuries that the National Safety Council recently completed a study of the problem. According to the findings of this study, approximately 13 percent of all workplace accidents can be attributed to fatigue. More concerning, a staggering 97 percent of workers have at least one risk factor for fatigue, and more than 80 percent have multiple risk factors. Some industries create a pay structure which encourages workers to increase their hours and work while fatigued. One example is the trucking industry, which pays drivers by the mile – not by the hour. This is one of the many reasons why the trucking industry has such a high rate of worker fatalities.

According to the Bureau of Labor Statistics, more than 25 percent of all American workplace fatalities in 2015 occurred in the trucking industry. But it’s not just truckers. Fatigue causes accidents in many other professions as well.

Workplace accidents related to fatigue also increase when workers are subject to night shifts, swing shifts, or irregular work schedules that interfere with healthy sleep patterns. The Occupational Safety and Health Administration reports that accident and injury rates are 18 percent higher on evening shifts, and 30 percent higher on night shifts than injury rates on day shifts. OSHA also reports that working twelve hours per day is correlated with a 37 percent increase in the risk of sustaining a workplace injury.

What Can Rhode Island Workers Do to Prevent Fatigue-Related Workplace Injuries?

Some fatigue risk factors cannot be eliminated entirely. Hospitals, for example, will always need nurses to work the night shift. The workers can take certain precautions to reduce the risk of injury. For example: night nurses who have a consistent schedule and can readjust their bodies to a regular sleep cycle, are likely to be less fatigued that those nurses who only work the night shift intermittently. Employers can reduce their chances of facing a liability for a workplace accident by creating night shift schedules that allow the necessary flexibility for night shift workers to reestablish their sleep patterns.

If you or a loved one has been injured on the job, contact an experienced Rhode Island workers’ compensation attorney as soon as possible. You have the legal right to be compensated for your injuries.

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Oct 2017

Rhode Island Firefighters May Soon Have New Legal Protections for Workers’ Compensation and Disability Pensions

Firefighting is a dangerous profession. Many firefighters get injured on the job, which may entitle them to workers’ compensation and disability pensions. In some cases, these are the only financial resources the firefighters, and their families, have. Unfortunately, many injured firefighters have found it difficult to access the resources they need.

The Rhode Island General Assembly recently passed a new bill to ensure that these benefits are protected for these public servants. When a public employee is injured on the job, Rhode Island law protects their right to both workers’ compensation and public disability benefits. It is important to seek legal advice to ensure that all your legal rights are protected. worker's compensation attorney

The New Bill

According to Rhode Island Public Radio, the new bill creates a legal presumption for firefighters who suffer from heart disease. Heart disease is now presumed to be job related if the firefighter has been on the job for at least three years. This removes a significant legal hurdle for firefighters looking to access workers’ compensation and disability benefits. Without this bill, firefighters suffering from heart disease have to present medical records and other evidence to prove that their heart disease was a job related illness. This can be a real challenge, with so many contributing factors to heart disease, it can be difficult to prove that the illness was caused by one’s work.

Now, firefighters seeking workers’ compensation and disability benefits need to only establish that they have heart disease, and that they have been on the job for at least three years.

The bill has been passed by both houses of the Rhode Island General Assembly, and must be signed by the governor before it will become effective law. A spokesman for the governor stated that she would consider the final version of the bill when it is presented to her, but that she has concerns about granting lifetime, tax-free disability pensions, especially in cases where a physician’s opinion might overcome the presumption that the heart disease is related to the firefighter’s job. Other opponents, such as the state General Treasurer, point to the enormous cost of the bill. Taxpayers will bear millions of dollars in costs if the bill is signed into law.

What Firefighters Should Do After Sustaining a Workplace Injury or Illness

The first, and most important, step after any workplace injury is to seek medical attention. Injuries that are not treated tend to get worse. This leads to unnecessary time off work and accumulating medical expenses. Ensure that your injuries are properly tended to, and that you schedule follow-up appointments or consultations with specialists as needed. The same is true for chronic illnesses, such as heart disease. Illnesses that are not treated also tend to get worse. Access appropriate medical treatment for any chronic medical condition.

Once you have seen to your medical needs, consult with an experienced Rhode Island workers’ compensation attorney as soon as possible. There are many different types of insurance coverage and disability benefits available for workplace injuries or illnesses.

An attorney will help you determine which options are most appropriate for your situation. A lawyer will also be able to help determine whether you can prove that your injuries have, in fact, been caused by your job. It is important to begin this process as soon as possible so that you do not miss important deadlines for filing claims. It is also important to preserve important medical evidence, such as photos of injuries, before the evidence is lost.

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Sep 2017

Fatal Rhode Island Workplace Injuries More Likely for Older Workers

According to the Associated Press, workplace fatality rates are higher for older workers than their younger counterparts. There are numerous contributing factors to this trend, but one thing that remains constant is the need for protection of the legal rights of injured workers. The families of Rhode Island workers whose lives are lost on the job also have legal rights that must be protected.

As the “baby boomer” generation devotes more of their lives to their work than previous generations, the average age of the American worker has increased. Federal estimates conclude that 25 percent of the labor market will be comprised of older workers by 2024.older workers and workplace fatalities

There are many physical and mental complications that come with age, and they can make older workers more prone to workplace injuries. Such complications include:

  • Hearing and vision impairment;
  • Decreased response times;
  • Balance problems;
  • Medication side effect or cross-effects;
  • Chronic muscle problems;
  • Chronic bone conditions such as arthritis.

The Bureau of Labor Statistics reports that that in 2003, more than 1.5 million of the most serious job-related injuries involved workers over the age of 55. BLS also reports the fatality rates for older workers that year were three times greater than the fatality rate for younger workers. The most common fatal events for workers aged 65 and older were transportation incidents and falls.

Protecting Older Workers From Workplace Injuries

The Centers for Disease Control and Prevention has studied the issue of older worker safety extensively, and issued recommendations for best preventative safety practices in the workplace.

First, the CDC notes that while younger workers have physical advantages, their elders have years of experience and accompanying knowledge of their positions. They therefore recommend that employers shift older workers into positions of mentoring and training younger workers, to best utilize the assets of both groups.

Next, the CDC emphasizes the importance of disease prevention and detection programs in employee health programs. This is particularly important for the prevention of musculoskeletal injuries, and other diseases which are common to older populations. Logistical considerations may include:

  • Slower and more self-paced work;
  • More rest breaks;
  • Fewer repetitive tasks;
  • Avoiding static postures;
  • Better lighting;
  • Less glare;
  • More adjustable seating.

Flexible work schedules can also accommodate medical care and periods of decreased work ability, to sustain better long-term productivity for the worker.

While employer programs can be an asset to employee health, it is important for older workers to take the initiative in ensuring their own safety in the workplace. Proactive measures, such as medical screening and annual vision tests, can help address medical issues before they cause workplace injuries.

Employees must examine their own work station to identify the ergonomic environment that is best suited to their physical needs. Better chair support, rest breaks, increased lighting, safety equipment, and other measures all help prevent injuries and can be put in place by employers. Sadly, employee intervention is often needed to initiate these steps that would better ensure workplace safety.

 Fair Compensation For Victims

 When injuries do occur, a Rhode Island workers’ compensation attorney will ensure that workplace injury victims and their families have access to the fair compensation to which they are legally entitled. Rhode Island General Law, Title 28, Section 28-29-1 through 28-29-30 details the general provisions of Rhode Island workers’ compensation law. Benefits, meanwhile, are outlined in Chapter 28-33. These laws are not easy to understand, and it may feel like you are at odds when trying to take a stand against the negligence responsible for fatal injury.

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Aug 2017

Hospitals are most dangerous workplace for Rhode Island workers

While Rhode Island was ranked one of the safest states to work in, a new study by Zippia finds that hospitals are the most dangerous worksites for the state’s employees.

While most injured in the course of employment are entitled to workers’ compensation benefits, it is not uncommon for employers and insurers to challenge this right. workers compensation attorneys

How the “Most Dangerous” Designation Was Calculated

The Zippia study identified and weighed several factors to rank the “most dangerous” states and industries. It began with injury reports from the Occupational Safety and Health Administration (OSHA). Those figures were then divided by each state’s total reports comparative to the number of workers employed in that state.

Then, workplace death rates reported by the Bureau of Labor Statistics were weighed as a separate factor in the analysis of dangerousness. Lastly, data from the Insurance Institute for Highway Safety was broken down to determine the number of injuries in each state per mile driven. Given that most auto accidents are not work-related, this piece was not considered as heavily as other information.

Real Life Accidents in the Healthcare Industry

The injuries statistics are more than just numbers. Real employees’ lives can be devastated by the effects of workplace injuries. Consider the example of a Philadelphia nurse who damaged a disc in her back while assisting in moving a patient. National Public Radio reports that she required surgery to install a metal cage and four long, sharp screws in her back. As a result, she saw the end of her nursing career.

Back and musculoskeletal injuries among registered nurses, licensed practical nurses and nursing assistants also occurred at a rate approximately three times higher than that of construction laborers.

In addition to physical job hazards, violence in the workplace is another very real danger faced by those employed in healthcare.

CNN reports on a series of troubling violent incidents in hospitals, including: a Baltimore doctor who was shot and critically injured by a gunman, a man in Valley Stream, New York who broke a chair and used the legs to beat a nurse, a gunman who opened fire in a Laurinburg, North Carolina hospital after a bar fight, and a man who killed two hospital employees in a Columbus, Georgia hospital after being dissatisfied with his mother’s care. CNN interviewed one emergency nurse who reported that she had been scratched, bitten, spat upon and struck hard enough to break her jaw. The alleged attacker later apologized, saying merely that he had grown tired of waiting for care.

And here in Providence, the emergency department of Rhode Island Hospital went on lockdown after experiencing violence in the wake of a bar fight. WPRO reports that nightclub shooting victims were being treated at the hospital when family and friends arrived in the waiting area. This group caused a “disturbance” deemed serious enough to cause the hospital staff to perform a lockdown and call Providence police to assist. Twenty persons were removed from the property by the security staff and Providence Police Department.

Employees have rights to protection under Rhode Island law. Title 28 of the State of Rhode Island General Law makes specific provisions for safety in the workplace. Employers which do not follow these laws are subject to regulatory penalties such as suspension of a business license, fines, civil lawsuits, and even criminal charges.

After any workplace injury, contact a New England workers’ compensation attorney as soon as possible. You have legal rights which must be protected.

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Jul 2017

Exceptions to Rhode Island’s Workers’ Comp Coming-and-Going Rule

The “coming and going” rule in Rhode Island workers’ compensation cases is one that typically most impacts commuting employees. These are the workers who are coming and going to their place of employment and are injured during the commute.

Updating his delivery status

As our Rhode Island workers’ compensation attorneys can explain, injuries are generally only compensable by a workers’ compensation insurer if the injury:

  • Occurred in the course of one’s employment;
  • Arose out of the scope of one’s employment.

What that means is that there is some proximity link (by time, distance or circumstance) and that it there is a causal link between one’s work and the injury. The “coming and going” rule has generally held that a worker who is commuting back and forth to work is not considered to be acting in the scope of employment.

However, as our attorneys can explain, this is not an absolute rule, and Rhode Island courts have carved out many exceptions.

Rhode Island Exceptions to the “Coming and Going” Rule

Courts in Rhode Island have been confronted with this issue numerous times, and have made many exceptions for workers asserting claim to workers’ compensation benefits despite their commuting at the time of injury.

Courts will often consider whether:

  • You were being paid for your time at the time of injury.
  • Employer was benefiting from your actions at the time of the injury.
  • You were in a company vehicle.

None of these single factors will be the sole decider, and courts will often take into consideration the totality of the circumstances.

One example of an exception was the 1995 Rhode Island Supreme Court ruling in the matter of Toolin v. Aquidneck Island Medical Resource. According to court records, plaintiff was employed as a nursing assistant for a medical company, with duties involving providing care for patients in their homes.

Each week, plaintiff received a new schedule of her assignments for the week, each time at different locations. Employee would then drive directly to these sites, which were patient homes. She wasn’t paid for her time or commute expenses. One day in 1991, plaintiff left one patient’s home and was en route to the next one when she was involved in a serious car accident that rendered her totally incapacitated.

Plaintiff sought workers’ compensation coverage, but was denied by the insurer as well as by a trial judge, who ruled her injuries did not occur in the scope of employment, as she was commuting.

The appellate division reversed, finding that because commuting was part of plaintiff’s job, her injuries did in fact occur in the scope of employment and arose out of it, thus rendering her eligible for benefits. Her employer appealed, arguing the coming-and-going rule in Rhode Island barred her from receiving benefits. The state supreme court, however, affirmed, finding there was sufficient evidence of a nexus between her injuries and employment.

Fighting for Your Workers’ Comp Benefits

At the time of that 1995 ruling, it was an issue of first impression for the court. But in the more than two decades since, many other cases have followed suit.

If you are injured during your work commute in Rhode Island, our workers’ compensation attorneys may be able to help.

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