Attorney Blog

Less Than a Month on the Job? Consider Your "Rate of Hire."

Fri, 20 Jan 2012 08:00:00 EST

Temporary total disability benefits (weekly wage benefits) must be paid when a Vermont employee is injured on the job and cannot yet return to work. It’s sometimes referred to by the nickname “weekly wage benefits” and the amount is two-thirds of your gross pay. More specifically, two-thirds of your “average weekly wage” is to be paid each week that you are out of work and still expected to improve.

Average weekly wage is normally determined by looking at the past six (6) months of earnings history (26 weeks) and entering on a specific Vermont Department of Labor form (called a Form 25 Wage Statement). The workers’ compensation insurance company and the employer are responsible for filing the Form 25 Wage Statement, so that there is a record of how they calculated your “average weekly wage.” It’s supposed to be by a process of adding up the 26 weeks of earnings and then divided by the 26 weeks to equal an average weekly wage.

There are some details to the calculations in the event there are any weeks which the employee worked less than a half a week. There are other details, such as the inclusion of any housing allowance. Bonuses and tips are also to be included. If the employee worked for a second or third employer, the earnings from other employment, generally, are included in the calculation of the average weekly wage for the work injury, even though the injury occurred at the one employment.

But for employees who had only been on the job for a month or less, there is a risk that averaging just the one to three weeks would be unfairly low. If you have worked less than a month on the job, you can consider Rule 15:

Rule 15.0000 AVERAGE WEEKLY WAGE; CALCULATING TEMPORARY TOTAL AND PERMANENT PARTIAL COMPENSATION RATE

…

15.4240 If the claimant has been employed for fewer than 4 weeks at the time of his or her injury, such that by the reason of the shortness of the time during which he/she has been in the employment it is impracticable to compute his or her average weekly wage in accordance with subsections 15.4210 and 15.4220 above, then the gross wages of a comparable employee working in a similar capacity under like conditions for the twelve weeks prior to the injury shall be used instead. If wages of a comparable employee are not available, the claimant's agreement with the employer as to both expected hours per week and rate of pay shall be used to determine the average weekly wage.

In an actual case, an employee was hired at a good hourly rate and was hired to work 40 hours per week. In his first week, however, scaffolding collapsed on the job. He suffered a very serious injury including permanent partial disability from the job injury. The workers’ compensation insurer and employer chose to pay weekly wage benefits at a “minimum” rate, and the employee agreed, not realizing the existence of Vermont Department of Labor Rule 15.4240. The employee hired our firm. He was later successful in turning that around. He was successful in getting a higher weekly compensation check and retroactive payments, based on his rate of hire. Rule 15.4240 made a difference in payments of thousands of dollars which the employee should have received, and eventually did.

Overuse Syndrome After-A-Job-Injury is Reportable, Treatable, and Compensable.

Fri, 20 Jan 2012 08:00:00 EST

Every healthy person knows what happens when we overdo it. What happens if you double your exercise, if you double the grocery shopping, if you work an 80 hour week?

Sometimes the result is more than temporary soreness and temporary fatigue. Sometimes the result is overuse syndrome.

“Overuse syndrome” is exactly what it sounds like. It is a “syndrome” -- a collection of symptoms -- pain and restriction in ligaments, tendons, muscles or affected nerves involving an entire joint or region, as a result of “overusing” beyond biological design, over the intended physiological body limits.

OVERUSE ON THE JOB

In the case of Robin Brown-Williams vs. General Electric Transportation, Opinion No. 02-10WC (January 20, 2010), the employee had a “benching” job that required her to engage in sustained posturing so that while there was no direct trauma, there was repetitive overuse injury to the neck, right arm, elbow and wrist. The Department of Labor stated:

“… Claimant’s job involved not just repetitive motion, but also sustained posturing, force in vibration. In that context, I am convinced that the neck pain claimant noted…was not an isolated event. To the contrary, it comprised a symptom of work-related overuse involving her entire right upper extremity.”

OVERUSE AFTER-A- JOB-INJURY, WHICH CAUSES NEW INJURY

Overuse syndrome after-a-job-injury is an imbalance of load on one side of the body.

Instead of unloading the groceries using two hands, all the groceries are loaded and unloaded and brought into the residence with just one hand and one arm. Instead of writing notes in a class for vocational rehabilitation with the injured dominant hand, all writing is done with the non-injured non-dominant hand which has never been use to do any writing before. The “overused” limb or joint begins to feel sore, painful, achy. As “overuse” continues, the non-injured limb begins to bother the patient, and things get very difficult day by day.

There’s just one problem: The limb that is “overused” and painful wasn’t the one originally injured. Is it also reportable? Most employees mistakenly believe it will not be covered under workers’ compensation.

Armed with the mistaken belief that his overused joint can’t be claimed, the injured employee talks to the doctor about the injured limb. But the injured employee does not see any sense in bringing up the overuse syndrome in the non-injured limb. Though not unreal, the overuse syndrome is untold, unreported and unknown.

In most cases, the employee brings up an overuse after-a-job-injury problem only when it becomes practically impossible to use the overused joint or limb anymore, or when the overused limb or joint is so inflamed or is so painful that the employee can hardly stand it, and then asks about what the physician can do. Insurance companies are tempted to exploit the absence of discussion up until that point, the absence of examination up until that point, the absence of documentation in the medical records.

Overuse syndrome after-a-job-injury is compensable. That’s because Vermont workers’ compensation claim law requires the workers’ compensation insurer to pay for the reasonable medical expense of overuse syndrome as long as the doctor confirms that it is “related to” the work injury.

Physicians are familiar with overuse syndrome, and quickly understand when injured employees decide to mention that “this other arm” or “this other shoulder” is “really sore now.” They quite convincingly establish that the non-injured limb or joint would never have developed tendonitis, inflammation, nerve damage, etc., if the original work injury had never occurred. Put another way, if the reason why the limb is being “overused” is due to the fact that it is trying to make up all of the work that the injured arm can no longer do, then it is related to the work injury and it is compensable.

In a case of overuse syndrome after-a-job-injury called J.D. vs. Putney Paper Co., Opinion No. 1308WC (April 8, 2008), the primary injury was to the left arm, which led to overuse of the right:

“…following a referral by Dr. Beehler, Claimant was examined by Edward J. Orrechio, MD, a neurologist. Dr. Orrechio reported that Claimant had several medical issues with his right upper extremity, all related to overuse of the right arm, which is related to the original injury to the left upper extremity. Dr. Orrechio diagnosed and reported that Claimant had (1) a primary shoulder issue, (2) epicondylitis, and (3) carpal tunnel syndrome. … At Defendant’s request, Claimant was examined by Donald M. Kinley, MD, an orthopedic surgeon (Kinley IME). Dr. Kinley concluded that Claimant was suffering from overuse syndrome of the right upper extremity and required carpal tunnel surgery.”

National Grid Works with Vermont High School to Avoid Injuries

Thu, 19 Jan 2012 08:00:00 EST

A battle in Brattleboro between representatives from Bellows Falls Union High School (BFUHS) and National Grid/New England Power Co. ended in court as Superior Court Judge Katherine A. Hayes denied the school’s request for injunctive relief.
The school wanted to keep National Grid from using its property in order to avoid injuring students and staff. They claim that National Grid passes through the school’s main driveway to access their transmission lines, and that they are worried National Grid presents a risk for possible student injuries and work-related injuries in Vermont.
National Grid has a right to reasonable access to its easement. They must cross into school property to access their transmission lines. Company officials indicated they need to continue to access this area in order to give their customers reliable electric service.
Although the school understands National Grid has a right of way, they are concerned that the company is accessing their property too much. National Grid has large construction equipment and trucks coming in and out of the property, which could cause potential injuries.
The judge notated that BFUHS never received permission from National Grid to put their main driveway under the lines. On the other hand, the judge did note that National Grid does use the driveway in a manner that may present some risk of injury.
The judge has requested the two parties to work together to avoid future disputes. Representatives for National Grid said that they will work with the school officials to access the driveway when students and staff are not coming and going from school.

Increase in Workplace Fatalities

Wed, 18 Jan 2012 08:00:00 EST

According to the U.S. Bureau of Labor Statistics, the number of work-related deaths in Vermont increased last year from the previous year, as did the number of fatalities in New England workplaces. However, the nation saw a decrease in workplace fatalities in 2010.
Across New England there were a total of 139 workplace deaths in 2009, increasing to 146 fatalities in 2010. Overall, the workplace fatalities in New England accounted for approximately three percent of the 4,547 on-the-job fatalities in the US.
Vermont accounted for 13 percent of the New England on-the-job fatality count. The numbers indicate an increase from the previous year with 13 Vermont workplace fatalities.
Vermont work-related fatality specifics include:

Seven workplace fatalities occurred in transportation incidents
Four on-the-job fatalities in Vermont took place in natural resources and mining
Three workplace fatalities involved workers being struck by objects
Eight of the fatally injured workers were age 55 or older
All workers who died in Vermont work accidents in 2010 were declared white, non-Hispanic males

Imbalance of Power -- Remembering Dr. Martin Luther King, Jr.'s Wisdom

Mon, 16 Jan 2012 08:00:00 EST

Martin Luther King, Jr. once gave a talk about why an adversary uses injustice.

"... . And when we were in jail in Birmingham the other day, the white wardens and all enjoyed coming around the cell to talk about the race problem. And they were showing us where we were so wrong demonstrating. And they were showing us where segregation was so right. And they were showing us where intermarriage was so wrong. So I would get to preaching, and we would get to talking—calmly, because they wanted to talk about it. And then we got down one day to the point—that was the second or third day—to talk about where they lived, and how much they were earning. And when those brothers told me what they were earning, I said, "Now, you know what? You ought to be marching with us. [laughter] You're just as poor as Negroes." And I said, "You are put in the position of supporting your oppressor, because through prejudice and blindness, you fail to see that the same forces that oppress Negroes in American society oppress poor white people. (Yes) And all you are living on is the satisfaction of your skin being white, and the drum major instinct of thinking that you are somebody big because you are white. And you're so poor you can't send your children to school. You ought to be out here marching with every one of us every time we have a march."

http://mlk-kpp01.stanford.edu/index.php/encyclopedia/documentsentry/doc_the_drum_major_instinct/

Sometimes an insurer's representative talks and behaves in a way that makes you feel, yes, like he/she is superior and you are inferior.

It may be that the insurer's representative feels important because he/she has a job and you don't; or that he/she is in good health and you are not; or he/she has income, health insurance and security, and you do not; or that he/she has never filed a claim, but you have filed a claim and are asking for benefits; or because he/she's had a good night sleep and is clear-thinking, but you have been unable to sleep since your injury the way you need to, and you are struggling to express yourself.

A good person's sense of importance can be confused with power. Importance doesn't come from power. A wrong sense of importance shows itself by its own works: prejudice, impatience, and lack of compassion.

According to Dr. King, it's natural for everyone to desire a sense of importance. It’s actually good to desire importance. But what kind?

Pre-existing conditions -- images, categories and analysis

Wed, 11 Jan 2012 08:00:00 EST

A crack in a teacup is the image used by a health care provider to describe a pre-existing condition. Often the term “pre-existing condition" means different things to different people, so picture is helpful.

A cracked teacup, says the provider, is still able to hold tea. It does not leak. It does not cease to function. It's useful. You can still drink tea whether that crack is there or not.

However, if something new happens and that crack is aggravated or made worse by some incident, like if it's dropped a second time or banged a second time, then something has permanently changed. The teacup now has more than a crack, and has a leak. A leaking cup can no longer function. It is no longer useful to anyone who would employ it to drink tea. It is disabled.

“Pre-existing” conditions can also be described by another image, the image of the straw which breaks the camel’s back. The camel can do a lot of work, whether it has an excellent back or whether it has a bad back. It can still carry luggage. It can still carry its owner. It can still do work and come to work day after day. But the introduction of one last straw can make all the difference between continuing to work and breaking down. That's the straw that is responsible for causing the camel’s back to break.

A worker can come to perform his or her job day in and day out, and that worker may have "pre-existing" conditions or impairments. But there may come a time when a new injury, occurring at the workplace, causes that pre-existing condition to become different, so much that the worker can no longer continue to carry out his or her job duties due to the new injury. That is considered, under the law, as an "aggravation" of a "pre-existing" condition. The law says that if the work activity produced a new crack that caused the teacup to leak, or a new straw caused the camel’s back to break, then work is responsible and Worker's Compensation insurance must cover the disability and pay for the medical expense another benefits to help respond to the worker’s new injury.

Department of Labor opinions tend to categorize “pre-existing” conditions into 3 kinds. First, there is “recurrence.” Second, there is “aggravation.” Third there is “flare up.” A fourth category deals with a particular kind of pre-existing condition known as “progressively degenerative.”

Here below are excerpts from a 2011 decision in the case of Badger vs BWP Distributors and Maynard’s, Op. No. 05-11WC (March 25, 2011), a decision by the Vermont Department of Labor which discusses these pre-existing condition categories:

"In workers' compensation cases involving successive injuries during different employments, the first employer remains liable for the full extent of benefits if the second injury is solely a “recurrence” of the first injury — that is, if the second accident does not causally contribute to the claimant's disability. Pacher v. Fairdale Farms, 166 Vt. 626, 627 (1997). If, however, the second incident aggravates, accelerates or combines with a pre-existing impairment or injury to produce a disability greater than would have resulted from the second injury alone, then in that case the second incident is an “aggravation, “ and the second employer becomes solely responsible for the entire disability at that point. Id. at 627-628.

"Beyond either a recurrence or an aggravation, there is a third category as well — the “flare-up.” In a flare-up, a distinct new injury worsens a pre-existing condition, but only temporarily, following which the condition returns to its baseline. Cehic v. Mack Molding, Inc., 2006 VT 12 Par.10. The finding of a distinct new injury precludes a conclusion that it is a recurrence. Id. The finding of a return to baseline precludes a conclusion of aggravation “because the injury, once resolved, did not ‘causally contribute’ to any increased disability.” Id, quoting Pacher, supra."

For pre-existing conditions which naturally progress, such as arthritis and osteoarthritis, the Vermont Department of Labor has the following standard: “Where a claimant's pre-existing condition is a progressively degenerative disease, the test for determining work-related causation is whether, “due to a work injury or the work environment ‘the disability came upon the claimant earlier than otherwise would have occurred.”’ Stannard v Stannard Co., Inc, 175 VT 549, 552 (2003), citing Jackson v True Temper, 151 Vt 592, 596 (1989). While exacerbated symptoms alone may not be enough to establish causation, nevertheless “the acceleration rule must be looked at in relation to the overall condition of the body, particularly as it relates to [a claimant's] ability to work and function.” Id., citing with approval City of Burlington v. Davis, 160 VT. 183, 186 (1993) (Dooley, J., dissenting)."

Permanent Impairment -- Spine and Non-Spine Use Different Ratings under Rules

Sat, 07 Jan 2012 08:00:00 EST

Calculating the amount of money for an injured employee's permanent impairment is by a 3-part formula.

For spine impairments, you take the % of impairment found by the doctor. Second, you multiply it by 550 weeks. That tells you how many weeks' worth of checks the insurer must pay. Third, you multiply those weeks times your weekly compensation rate. For example, if you have a 6% whole person impairment to your neck, a 6% rating of the spine is multiplied by 550 weeks = 33 weeks. If your weekly compensation rate is $656.36 you multiply your weekly rate by the 33 weeks. $656.36/wk x 33 weeks = $21,659.88.

For non-spine impairments, it is the same 3-part formula (above), except using 405 weeks instead of 550. An 11% whole person impairment involving the arm and hand (i.e., non-spine impairment) is calculated by multiplying 11% times 405 weeks = 44.55 weeks.  If your weekly compensation rate is $656.36 you multiply it by the 44.55 weeks = $29,240.84.

But for injuries involving permanent impairments to both spine and non-spine, you have to calculate the number of week's worth of checks for each.

Vermont Department of Labor Rules 11.2200 through 11.2300 provide the method for calculating the number of weeks of claimable benefits in cases where there is impairment of both spine and non-spine:

“11.2200 All permanent partial disability compensation for permanent partial impairment to a body part, system, or function, other than the spine, which is addressed in paragraph 11.2300 of this rule, shall be based on the employee's percentage of impairment of the whole person multiplied by 405 weeks.

11.2210 When a compensable injury results in permanent impairment to more than one body part, system or function, not including the spine, the whole person rating shall be determined using the conversion chart in the most recent edition of the A.M.A. Guides to the Evaluation of
Permanent Impairment.

11.2220 When a compensable injury results in permanent impairment to more than one body part, system or function including the spine, the whole person rating shall be determined by:

     11.2221 determining the whole person rating without the spine and converting it to the percentage of 405 weeks as provided above;

     11.2222 determining the impairment to the spine as provided in paragraph 11.2300 of this rule below;

     11.2223 adding the weeks determined in paragraphs 11.2221 and 11.2222 together.

11.2300 The Back or Spine. In the event of injury resulting in permanent impairment to the back or spine, not amounting to permanent total disability under 21 V.S.A. § 644, the employer shall pay compensation based on the employee's percentage of impairment to the whole person multiplied by 550 weeks.”

(emphasis in red added)

For example, a case involving multiple injuries from an employee's fall, there were permanent impairments to the elbow, wrist and ulnar. These were non-spine. But the employee also sustained permanent impairment to the neck. This was spine.

Calculation of the non-spine impairment needs to be done separately and independently from rating of the spine.

The calculations should be as follows:

Non-Spine (Elbow, wrist and ulnar)	11% whole person x 405 weeks =	44.55 weeks of benefits
Spine (Neck)	6% whole person x 550 weeks =	33 weeks of benefits
	Total Weeks Owed, Per Rule 11.2223	77.55 weeks

In an actual case, the worker's compensation insurer sent to the employee a letter enclosing a so-called Form 22 “Agreement for Permanent Partial Disability Compensation.” The adjuster was offering an agreement of only 64.8 weeks.

It seems that the adjuster erroneously took the combination of percentages for spine and non-spine (16%) and multiplied it by the number of weeks for only non-spine injuries (405 weeks), as the math comes out exactly so: 16% x 405 weeks = 64.8 weeks.

The difference is quite significant. The insurer's offer of 64.8 weeks of benefits at the employee's weekly rate of $656.36/wk = a total of $42,532.13.

The correct calculation, which should have been offered, is 77.55 weeks at the weekly rate of $656.36 = $50,900.72.

The insurer’s offer would have shorted the injured employee $8,368.59!

Permanent Impairment -- Installments or Lump Sum?

Thu, 05 Jan 2012 08:00:00 EST

A permanent impairment rating is usually paid in weekly installments if the injured employee has not returned to work. A request for lump sum payment requires review and approval by the Vermont Department of Labor, per Rule 19:

Rule 19.0000 LUMP SUM PAYMENTS

19.1000 Retroactive compensation shall be paid in a lump sum.

19.2000 Permanent disability compensation may be paid in a lump sum upon request to and approval by the commissioner. The claimant's request for a lump sum payment must be in writing and must state the amount and the reason(s) for the lump sum request. All parties must have notice and an opportunity to be heard before a lump sum payment may be ordered.

19.3000 The commissioner may approve a lump sum payment if it is in the best interests of the claimant. In evaluating the claimant's request the following are considered positive factors in approving a lump sum:

19.3010 The claimant and/or the claimant's household receives a regular source of income aside from any workers' compensation benefit;

19.3011 The lump sum payment is intended to hasten or improve claimant's prospects of returning to gainful employment;

19.3012 The lump sum payment is intended to hasten or improve claimant's recovery or rehabilitation;

19.3013 The claimant presents other evidence that the lump sum award is in their best interests.

19.4000 A lump sum payment of permanent total disability benefits beyond three hundred and thirty weeks may only be granted with the agreement of all interested parties and approval by the commissioner.

19.5000 A lump sum payment shall not be approved if:

19.5010 The award was based upon a hearing decisin for which an appeal has been filed and the employer or insurer objects to the payment of the lump sum; or

19.5011 The claimant is best served by receipt of periodic income benefits; or

19.5012 The payment is intended to pay everyday living expenses; or

19.5013 The lump sum payment is intended to pay past debts.

Spinal Cord Stimulator Device Candidate? Weekly Checks Continue

Thu, 05 Jan 2012 08:00:00 EST

           Spinal cord stimulators are medical devices, supplied by more than one competitive durable medical equipment supplier, intended to improve the daily life of persons suffering from severe chronic pain. The basic function of a spinal cord stimulator is to “scramble” the pain messages being sent from the nerves at the injured area of the body before the pain messages reach the brain. The scramble is by means of the stimulator device which introduces electronically regulated stimulation. The patient experiences a reduction in sensation of pain and some substitution of tingling sensations in the place of pain. It is not intended to eliminate or cure pain, but rather to provide significant further improvement.

            Vermont Department of Labor Rule 2.1200 defines “Medical End Result” (also sometimes referred to as “Maximum Medical Improvement”) as “The point at which a person has reached a substantial plateau in the medical recovery process, such that significant further improvement is not expected, regardless of treatment.” The workers’ compensation insurer is allowed to stop weekly wage benefit checks at that time, provided it follows the proper notice form under Rule 18.1200 giving adequate, written medical documentation of medical end result and at least seven days’ notice.

            But the injured employee who is a proper candidate for a spinal cord stimulator is not at medical end result and the workers’ compensation insurer should not be permitted to stop weekly wage benefits until either the procedure is attempted or the patient declines. That is the position of the Vermont Department of Labor in the case of Luff vs. Rentway (2010) and in Bruno vs. Directech Holding Company (2010). That means the injured employee’s weekly wage benefit check (“temporary total disability benefit”) should not be stopped by the adjuster where the injured employee is a proper candidate for a spinal cord stimulator.

Employees at Ski Resorts Are No Exception to Workplace Safety in Vermont

Tue, 03 Jan 2012 08:00:00 EST

Recreational skiers and snowboarders have been known to get injured at ski resorts, which is why so many wear helmets and other protective gear. However, they are not the only ones susceptible to injuries and accidents at resorts. Employees of the ski resorts have also been hurt while on the mountain from time to time.

To promote workplace safety in Vermont, personnel at Jay Peak Resort are required to wear helmets, a trend that is catching on at ski resorts across the nation. Jay Peak Resort made their employee helmet policy mandatory several years ago in order to help their employees avoid many Vermont work injuries. In 2009, Veil Resorts also adopted a mandatory helmet policy for their workers. Just this year, other resorts like Jackson Hole Mountain Resort and Aspen Skiing Co. are now requiring their employees to wear helmets while working on the mountain. These resorts have demonstrated that helmet safety is key to keeping on-mountain employees safe while working.

Helmets are being required for personnel including:

Ski patrol
Instructors
Lift operators
Mangers and directors
And more

A study in the Canadian Medical Association Journal revealed that helmeted skiers reduce their risk of head injuries by 35 percent when involved in a collision. Helmet safety among ski resort employees will hopefully decrease the number of Vermont work injuries at mountain resorts this winter.

Why the Insurance Adjuster Denies a Case of Complex Regional Pain Syndrome

Tue, 03 Jan 2012 08:00:00 EST

Complex Regional Pain Syndrome is a diagnosis which describes a condition of damage (usually in the arm or leg) to the body’s ability to regulate sensitivity to pain, and damage to the body's ability to regulate the skin temperature, sensitivity, color, moisture, swelling, as well as hair and nail growth. It is a syndrome studied by doctors since at least the Civil War when victims of wounds did not improve but worsened with “pain out of proportion” as well as the other abnormalities to the skin. Doctors for a long time called it Reflex Sympathetic Dystrophy.

The American Medical Association publishes a Guide book for physicians to measure how much permanent change occurs from Complex Regional Pain Syndrome. Vermont workers’ compensation law uses the Fifth Edition. Page 343 provides a definition of Causalgia, one type of CRPS, as a “burning pain that develops in a distal extremity following trauma to a peripheral nerve.” But when measuring how much permanent impairment results after a patient has reached maximum improvement, Page 496 of the AMA Guide provides a requirement of at least eight of the following local clinical signs: “skin color: mottled or cyanotic; skin temperature: cool; edema [these are referred to as vasomotor changes]; skin dry or overly moist [referred to as sudomotor changes]; skin texture: smooth, non-elastic; soft tissue atrophy: especially in fingertips; joint stiffness and decreased passive motion; nail changes: blemished, curved, talon-like; hair growth changes: fall out, longer, finer [referred to as tropic changes]; radiographs: trophic bone changes, osteoporosis; bone scan: findings consistent with CRPS [referred to as radiographic signs].” The problem with using these criteria to decide if the correct clinical diagnosis is CRPS is that the Guide book is intended for assessment of permanent impairment, in other words when all treatment has been completed for the purpose of giving significant further improvement. Most practicing physicians treating CRPS patients will readily state that the AMA Guide book criteria should never be used as a strict rule for determining whether the diagnosis is or is not CRPS, nor should the AMA Guide book criteria be used as a basis to withhold treatment until at least 8 of the AMA permanent criteria have developed. Insurers and their medical experts nevertheless utilize the AMA Guide book to oppose new cases, when treatment has begun but not been completed.

Another publication, known by the name Harden Criteria, has its own list of signs for determining Complex Regional Pain Syndrome. Unlike the AMA Guide Book, Harden is supported by a group called International Association for the Study of Pain (IASP). Harden Criteria consider both past reported findings and also findings at examination. Under the Harden Criteria there must be continuing pain which is disproportionate to any inciting event and there must have been a report of at least one symptom in three of the four following categories (A) Reports of Hyperesthesia and/or Allodynia [so-called Sensory Category]; (B) Reports of Temperature Asymmetry and/or Skin Color Changes and/or Skin Color Asymmetry [so-called Vasomotor Category]; (C) Reports of Edema and/or Sweating Changes and/or Sweating Asymmetry [so-called Sudomotor/Edema Category]; and (D) Reports of Decreased Range of Motion and/or Motor Dysfunction (weakness, tremor, dystonia) and/or Trophic Changes (hair, nail, skin) [so-called Motor/Trophic Category]. In addition at the time of the evaluation there must be displayed at least one sign in two or more of the following categories:(A) Evidence of Hyperalgesia (to pin prick) and/or Allodynia (to light touch) and/or Temperature Sensation and/or Deep Somatic Pressure and/or Joint Movement [so-called Sensory Category]; (B) Evidence of Temperature Asymmetry and/or Skin Color Changes and/or Skin Color Asymmetry [so-called Vasomotor Category]; (C) Evidence of Edema and/or Sweating Changes and/or Sweating Asymmetry [so-called Sudomotor/Edema Category]; (D) Evidence of Decreased Range of Motion and/or Motor Dysfunction (weakness, tremor, dystonia) and/or Trophic Changes (hair, nail, skin). Finally, there must be no other diagnosis that better explains the signs and symptoms. Even this study was the subject of a recommendation internally for a new category called CRPS-NOS where a patient might not meet all of the presentation ("display") evidence at a single examination.

The insurance adjuster is severely challenged when having to decide whether to accept a diagnosis of CRPS, and is under pressure because of the issue of money. Treatment of Complex Regional Pain Syndrome is expensive, usually including physical therapy, occupational therapy, multiple prescriptions over lengthy and sometimes indefinite timeframes, nerve blocks, stellate ganglion blocks, psychological and psychiatric care for depression the patient experiences from the severe pain and disability caused by CRPS, as well as further treatment intervention strategies such as Ketamine infusions and spinal cord stimulator trials and implant surgeries with maintenance of the device. Compounding the insurance adjuster’s decision is the above choice of criteria used to decide whether to accept the diagnosis of CRPS as the correct one. The adjuster’s information initially is usually limited to medical records of treatment. Medical treatment usually begins with more common diagnoses at first, such as sprain, suspected fracture, or severe contusion. Treatment notes typically show x-rays to be negative, no fracture, a full range-of-motion except for limitations due to the patient’s report of pain. Often weeks, or months, of conservative treatment is shown to have failed to improve the injury and in fact the patient is reporting and demonstrating worsening levels of pain despite little objective proof to support it. There is no pain-o-meter, or other device to confirm the severe levels of pain from CRPS.

The injured employee usually has never heard of CRPS. The injured employee is having severe burning pain, often with some of the above signs, yet nothing seems to help the injured employee get better. Often the patient's participation in physical therapy makes the pain significantly worse when moving the arm or leg, and continued movement seems counter-intuitive to the patient. "If this makes it even more painful to use it, why am I being told to do it anyway?" The injured employee usually is as frustrated and confused by the presentation of symptoms as family members and even some treating clinicians until there is enough communication and enough examination for the physicians to consider the diagnosis of CRPS.

Field Workers at Risk of Animal Injuries On-the-Job in Vermont

Mon, 02 Jan 2012 08:00:00 EST

There are many employees who work for companies that visit their customers in the privacy of their own homes. Some of the workers who travel to homes throughout Vermont conducting business include:

Mail carriers
Meter readers
Field personnel
Contractors
Roofers
Construction workers
Plumbers
Pest control workers
House keepers
Salespeople
Financial advisors

Each of these workers who visit homes, may encounter dogs, and are very much at risk of suffering injuries on-the-job. Dog attacks are not a joke, they are a real occurrence. Many field workers are injured when they enter a house where the dog isn’t restrained. Aggressive breeds of dogs have been known to attack people who visit their homes. According to the Centers for Disease Control and Prevention, there are about 4.5 million dog bites occur each year.
Help Make Field Workers Safe and Minimize Vermont Work Injuries
Dog owners need to take responsibility and keep their dogs restrained until workers are gone. Additionally, employers need to attempt to make these field jobs safer. One way this could happen is if on the initial call to the homeowner they were asked if any aggressive animals were in the household. These notes could be included for the field worker to review for possible safety risks on-the-job.

Why is the Workers' Compensation Check Not Here?

Mon, 02 Jan 2012 08:00:00 EST

Contact the adjuster who is responsible for issuing the check. Ask your question. Write down her/his response. Ask the date the check was "issued." Ask if the checks are on "repetitive pay" where the adjuster sets dates during which the insurer automatically ("repetitive") issues a check at the exact same day of the week, week after week, until expiration. Ask when the repetitive pay is currently set to expire. If an adjuster offers to "stop payment" on a check that was issued but hasn't arrived, ask for explanation. How soon will the "replacement" check be issued? What is the insurer's information for your current mailing address? Keep the stub portions of your checks so you have critical information on the insurer's past performance -- period covered, date issued, amount, etc. Vermont statute 21 VSA Section 650(e) provides that if the weekly benefit is not paid within 21 days after becoming due "...in cases where the overdue benefit is not in dispute, 10 percent of the overdue amount shall be added and paid to the employee, in addition to interest and any other penalties."

Vermont Wind Turbine Elevators Not Subject to State Inspections

Tue, 20 Dec 2011 08:00:00 EST

Recently Green Mountain Power has installed wind turbines on a 40 MW wind farm in Sheffield. Although the construction of this project created many jobs for Vermont workers, some critics of this project have raised questions to GMP and the State of Vermont regarding the safety of these wind turbines, specifically surrounding the elevators.

According to a recent television news report, an elevator mechanic in the New England elevator industry discovered that the elevators in these 300-foot wind turbines are not being state-inspected like all other elevators in the state of Vermont.

Why aren’t GMP’s wind turbine elevators being state inspected?

The two-person wind turbine elevator carries workers and their gear 260 feet up the tower. The elevator mechanic likened the scenario to “a birdcage on a wire”. These elevators should have to be maintained and inspected to keep workers safe from Vermont work accident injuries.

However, this elevator mechanic found that since Vermont’s wind-turbine elevators do not have to be installed by a licensed elevator mechanic, they are not subject to annual inspections. Inspections include electrical, construction, and life-safety codes.

Although these lifts sway in high winds, which are normal for these types of elevators in towers, it is important to have these elevators inspected for job safety since no one would be able to survive a 260-foot fall.

Critics are now looking to GMP for answers. If work sites are not inspected properly, workers could suffer from a Vermont work injury and employers could be responsible.

Flood Waters in Vermont Have Caused Physical Hazards to Workers

Wed, 07 Dec 2011 08:00:00 EST

After Vermont was severely affected by Hurricane Irene, workers and residents alike have been cleaning up damages caused by flood waters for months. Unfortunately, there are hazards that flood waters can create leading to a Vermont workplace injury, possibly even environmental hazards.

Flood waters can contain household chemicals, petroleum products, pesticides, flammable liquids and sewage; all presenting a great risk to workers. Additionally, there may be items such as drainage openings, depressions, debris and obstacles that are hard to see due to the flood waters and pose physical hazards to workers.

The National Institute for Occupational Safety and Health (NIOSH) has provided safety guidelines to flood cleanup workers. One of the most important tips is avoiding skin contact with flood waters by using protective clothing.

Some of the clothing that flood response workers should wear includes:

Waterproof work gloves that are cut-resistant
Watertight boots with steel shank, toe and insole or hip waders
Long sleeved shirt and long pants, or coveralls that are light weight and comfortable
Safety glasses with side shields, full face shields, or goggles
Hearing protection
Head cover, such as a hardhat, to protect from falling debris or electrical hazards

In some hazardous work conditions, respirators may be critical for a worker’s safety so that he is not exposed to chemical or biological hazards. Workers should also be instructed to wash their hands frequently, especially before eating and drinking.

If a person suffers a work injury in Vermont because of overexertion, or the work site was not inspected to identify possible hazards, employers may be liable for injuries.

Confined Work Spaces Pose Vermont Work Accident Risks

Tue, 06 Dec 2011 08:00:00 EST

After recent storms and flooding that occurred in Vermont, emergency personnel and other workers have been working in confined spaces to cleanup areas related to hurricane damages.

The water and high wind from Hurricane Irene have created dangerous confined spaces in buildings and work sites that were not previously there, such as flooded areas or areas with hazardous material spills.

The National Institute for Occupational Safety and Health (NIOSH) has defined confined spaces as "a work space that has a limited opening for exit and entry." When work spaces are confined, there are physical risks that could result in a Vermont work accident and injury. In a confined space there are limited openings, the ventilation can very poor, and the air can be dangerous, containing contaminants. Additionally, there may be electrical hazards or other physical and environmental hazards for workers in confined spaces.

Confined spaces include:

Pits
Exhaust ducts
Storage tanks
Tunnels
Basements
Sewers
Pipelines

Workers that are asked to work in confined spaces must be trained about the potential hazards prior to working. NIOSH has provided safety guidelines for people working in these areas. If you were injured in a Vermont work accident due to your employer’s fault or lack of training, you may have rights to financial compensation.

Vermont Farmer Dies in Tractor Rollover Accident

Sat, 03 Dec 2011 08:00:00 EST

On November 12, 2011, a tragic work accident in Vermont occurred involving a farmer and his tractor. Officials say this freak accident happened on Saturday afternoon around 1:30 p.m. while the farmer was riding his tractor on his Hinesburg Road property.

The 75-year-old Guilford man known as Charles “Peter” Wilde died from his injuries sustained when his tractor overturned. According to Vermont State Police, Wilde was driving his tractor with an attached farming trailer up a steep hill. Police indicated that the hill behind his residence was too steep for the tractor, which is why the tractor pitched backwards and rolled over.

During the accident, Wilde was ejected from the vehicle and pinned between the tractor and the trailer. When rescue crews arrived on the scene, they found the tractor at the bottom of Carpenter Hills and Hinesburg roads, with Wilde pinned underneath. Fire crews tried to extract the victim, but he was pronounced dead shortly after.

Police determined the incident to be accidental in nature.

Wilde was known by his family, friends and neighbors to be a nice and helpful man, always eager to lend a hand and even help with the snow removal for his block during snowy Vermont winters. Wilde was a logger, carpenter and farmer on his West Guilford property. The Wilde name is survived by his wife and two children.

The Law Office of Charles Powell would like to extend our condolences to the family, friends and neighbors of Mr. Wilde following this tragic Vermont tractor accident.

Can You Get Your Old Job Back After a Vermont Workplace Injury?

Sat, 03 Dec 2011 08:00:00 EST

When an employee experiences an injury at work in Vermont and requires time off of work to heal, that worker often is worried about the possibility that he may not be able to handle the physical demands of the job again. Additionally, after being off of work due to a Vermont workplace injury, a worker may also want to know if he will even get his job back when he is ready to return to work.

The law requires most employers to offer the next available "suitable" position. It is called "reinstatement." 21 VSA Section 643b. However, not all employers have to abide by this rule. For this to apply, an employer must have 10 or more employees, and the injured worker would have to return to work within two years of his workplace disability date.

However, if there is not another job option available, the worker may have to look elsewhere for work that he can physically perform.

During this time, the injured worker may be entitled to vocational rehabilitation and possibly continued compensation.
If you were injured on the job in Vermont, call a qualified Vermont workers' compensation lawyer at the Law Office of Charles Powell to talk about your potential case in a free discussion at 877-295-7773.

Traumatic Brain Injuries Suffered at Work in Vermont Can Cause Aggression

Fri, 02 Dec 2011 08:00:00 EST

Many people, who suffer traumatic brain injuries (TBI), suffer the injury on-the-job. Sadly, these injuries can cause people to suffer changes in personality and behaviors. Research presented at the annual meeting of the American Academy of Psychiatry has indicated that even the most well behaved, mild-mannered person can become aggressive and hostile after a TBI injury.

Dr. Hal S. Wortzel, director of neuropsychiatric consultation services at the Denver VA Medical Center, says that the link between TBI and aggression has been noted ever since the case of Phineas Gage in 1848. Gage was injured in a Vermont work accident, as he was a Vermont railroad worker who was hurt severely in an explosion that caused a heavy iron tamping rod, over 3-feet in length, to be driven into his skull.

Gage survived this Vermont work injury, but underwent a drastic personality change. Those who knew Gage saw the change in his behavior that included the use of explicit language, lack of moral conscience, aggressiveness, impulsiveness, inability to focus on work, antisocial actions and irritability.

Traumatic brain injuries are graded from mild to severe. Not all traumatic brain injuries involve violent or aggressive behavior, and in some cases posttraumatic aggression is a problem in the first year after a TBI.

Research does show that the outcomes of a TBI can be different due to the location of the injury, the age and gender of the person, and if there is a delay in receiving medical attention, among other factors. Dr. Wortzel indicated that 35-65 percent of people who sustain a TBI will develop chronic neurobehavioral symptoms, and the more severe the injury, the lower an individual's chance of functional recovery.

If you or someone you love sustained head trauma or a traumatic brain injury on-the-job in Vermont, please call the Law Office of Charles Powell to find out about your rights.

Asbestos Removal Regulations Promote Workplace Safety in Vermont

Wed, 09 Nov 2011 08:00:00 EST

The Occupational Safety and Health Administration (OSHA) regulates the safety and health of employees in the United States workplace. The agency sets rules and regulations that are enforced by fines, and in some cases, possible jail time. They also encourage states to adopt their own job safety programs that are as effective as OSHA standards. Vermont is one of those states having its own state program that meets or exceeds federal standards and regulations.

Some standards that deal with construction activities include asbestos safety. When construction could disturb materials that contain asbestos, it is prohibited by law. Materials containing asbestos could include:

Roofing materials
Insulation
Plaster
Drywall compounds
Fireproofing
Floor and ceiling tiles

Before work is done on any of these materials, it must be evaluated by a certified person to approve the continuation of the construction activities. OSHA and Vermont state regulations require that a person involved in the removal of asbestos be trained on the safe removal of this material, using personal protective equipment. The regulations also require that people working with these materials be monitored for exposure and medically evaluated from time to time.

If your employer has made you handle asbestos containing materials without the proper training or protective equipment, and you were injured on the job in Vermont, please call the Law Office of Charles Powell to talk with a Vermont work accident attorney, and find out your legal rights to recovery.

When Work Accidents in Vermont Lead to ACL Injuries

Tue, 08 Nov 2011 08:00:00 EST

When falls occur at work or other work injuries in Vermont take place, it can lead to a severe anterior cruciate ligament (ACL) injury. When this type of work injury happens, surgery is often required, which can lead to time off of work and lost wages.

What researchers are finding now is that more people who have had ACL reconstructive surgery are developing arthritis in the affected knee. History has indicated that most of these people affected by the surgery can see a difference in 10 to 15 years, but a small study has shown that these results could be seen with four years of the surgery.

According to lead investigator Timothy Tourville of the University of Vermont Center for Clinical and Translational Science in Burlington, "These people were highly functioning; they were all athletic people. They had no symptoms of osteoarthritis."

There were 38 people in the small study, about half of them women, who were under the age 51. All were in good health prior to their injuries, had no joint problems, and all participants in the study had their ACLs reconstructed within six months of their injury.

The study revealed that over 60% with grade III cartilage injuries had abnormal joint space narrowing, compared to about 28% with grade II injuries. The study was supported by the Osteoarthritis Research Society International and the National Institute of Arthritis and Musculoskeletal and Skin Diseases.

ACL injuries can lead to a lifetime of pain and suffering. If you were injured at work in Vermont, find out your rights to a financial recovery and call the Law Office of Charles Powell to talk with a Vermont work accident attorney and find out your legal rights to recovery.

Are Larger Trucks on Vermont Interstates Causing More Fatalities?

Mon, 07 Nov 2011 08:00:00 EST

Truckers have to earn a living by driving around large tractor trailers that typically weigh about 80,000 pounds. But on Vermont roads, truck drivers are allowed to drive their big rigs with higher weight limits - up to 99,000 pounds.

Weight limits were increased for a pilot study to determine what the effects would be for truck drivers in Vermont, as well as for the rest of the drivers sharing the road with them. The study indicated that by allowing the weight limits a truck can carry to be raised, fatal accidents in Vermont have tripled.

However, many Vermont officials are indicating that the study was too small to be accurate in its findings. Even so, there have been three deaths that have occurred since truckers were allowed to drive heavier truck loads on Vermont interstates.

Two of the three fatalities occurred in January when two bulk milk trucks and a car crashed on Interstate 89 in Montpelier. Although the crash was blamed on icy road conditions, some are wondering if extra weight has anything to do with the amount of time it takes a heavier truck to stop and the greater force they have in a collision.

One of these three fatalities was a truck driver who died working on the job in Vermont.

There is no final ruling on whether or not bigger trucks will continue to be allowed on Vermont's interstates.

Our Vermont work accident attorneys at the Law Office of Charles Powell are saddened to hear of these fatalities and will keep you updated on the status of this matter.

West Addison Man Conquers Dream, Despite Losing Hands in a Vermont Farming Accident

Thu, 03 Nov 2011 08:00:00 EST

Lee Kayhart, of West Addison, Vermont, just finished a cross-country bike trip of more than 3,700 miles that took him and his wife across portions of Idaho, Wisconsin, North Dakota, Minnesota, Michigan, a portion of the Canadian province of Ontario, New York, Vermont, New Hampshire, and Maine.

Although many people conquer challenges similar to this one, Lee Kayhart is not like most people. Kayhart suffered a Vermont work accident on a farm 27 years ago that amputated both of his arms.

His dream was to ride a bicycle, but his work injury left him with no hands to hold onto the handlebars. Lee received a prosthetic arm and had his bike outfitted for his needs. Although his Vermont farming accident left him with injuries and self-doubt, he pushed on to pursue his dream and conquer his goal of riding cross-country.

Kayhart wants to be an example to other people with physical challenges who limit themselves.

If you have been injured in a Vermont work accident, you may be entitled to workers' compensation benefits in Vermont. Financial compensation can allow you to try and live life to the fullest, despite physical challenges the injury may have left you with. Call the Law Office of Charles Powell today for a free, no-obligation consultation at 877-295-7773 to find out your rights.

The Reality of First Responders in Vermont Getting Injured On the Job

Wed, 02 Nov 2011 08:00:00 EST

Paramedics, emergency medical technicians (EMTs), policemen, and firefighters are considered first responders. They face many dangers, encountered on a daily basis. When they are disabled or killed on the job in Vermont, they or their family members are sometimes left without benefits.

This is why U.S. Senator Patrick Leahy for Vermont is introducing a bill to improve the federal program that supports injured first responders. Leahy is hoping to improve the gap in the Public Safety Officers' Benefits Act (PSOB). This Act was established in 1976 to provide certain survivors of public safety officers that were injured or killed in the line of duty with benefits; however, this law only supports some types of public safety officers and excludes trainees and certain classes of officers.

The new act Leahy is sponsoring, called the Public Safety Officers' Benefits Act Improvement Act, would include EMTs and paramedics who volunteer or work for a nonprofit ambulance.

Since first responders race to the scene of a disaster or tragedy to help others in need, Leahy is asking the Senate to pass this bill and support these men and women. Leahy also proposed legislation to the Senate regarding volunteers receiving these benefits in the past, but the legislation stalled due to objections. That past bill was named as the Dale Long Emergency Medical Service Providers Protection Act in honor of a Bennington EMT who was killed at work in Vermont.

"Each day that passes is another day that Mr. Long's family, and others who would benefit from this legislation, must live without assistance this benefit provides," Leahy said.

The Law Office of Charles Powell will keep you updated on the status of this bill and other worker benefits and workers' compensation matters.

Did a Burlington Bank Teller Sustain Emotional Injures at Work Due to Robbery?

Mon, 17 Oct 2011 08:00:00 EST

On Wednesday, September 28, 2011, a man robbed a bank in downtown Burlington and left with $4,943 in a paper bag.

The robbery took place at the TD Bank branch at 111 Main St around 3 p.m. Although a panic alarm went off at the bank, the robber got away. Fortunately, he was later arrested.

According to authorities, the robber threatened to kill the teller if she did not hand over the money. The note that the teller was given by the robber said, "I want $12,000 in unbanded bills. I want it in $10 $20 $50 $100. If you give me a dye bomb or sound the alarm I will kill you."

Although the teller was not physically harmed at work, she was under emotional distress and put in a very dangerous situation.

People who have gone through frightening situations like this often have horrible nightmares for a long time. They may even be afraid to return to their job because of the work trauma they encountered. Workers who suffer emotional injuries may be entitled to possible workers' compensation benefits in Vermont.

If you were attacked at work or physically or emotionally injured at the workplace, you may have rights under the law. Call the Law Office of Charles Powell today for a free, no-obligation consultation at 877-295-7773 to find out your rights.

Workplace Violence Leads to Vermont Work Injuries and Fatalities

Tue, 11 Oct 2011 08:00:00 EST

Workers need to be careful of their work environments in order to avoid Vermont workplace accidents. Not only do they need to prioritize workplace safety, but workers need to be cautious of other coworkers or customers they encounter.

Workplace violence is a real danger facing many full-time employees, construction workers, part-time contractors, and other workers. Workplace violence includes assaults and even suicides.

Sadly, workplace violence accounted for 18% of fatal work-related occupational injuries in 2010, according to the Census of Fatal Occupational Injuries. Some fatal work injuries are a result of disgruntled coworkers, but the majority of these incidents are a result of robberies. In fact, homicides are in the top four causes of workplace fatal injuries.

Although work-related injuries in Vermont and across the country that resulted from homicides have decreased 50% from 1994 to 2010, there are still thousands of violent acts and non-fatal assaults that occur to workers each year.

Workplace violence has been known to produce injuries, causing workers to take days away from work to heal.

If you were injured in a Vermont work accident or attack, you may have rights to financial compensation. Call the Law Office of Charles Powell today for a free, no-obligation discussion of your potential case with a skilled Vermont workers' compensation lawyer at 877-295-7773

Findings Released for 2010 Fatal Vermont Work Accidents

Mon, 10 Oct 2011 08:00:00 EST

The latest results from the U.S. Bureau of Labor Statistics regarding the National Census of Fatal Occupational Injuries (NCFOI) were released. The findings showed that work accidents in Vermont and across the country actually correlated to the U.S. economy.

This information is important to Vermont workers, as it explains where the highest work injury risks in Vermont are taking place and how many fatal work accidents occurred compared to years past.

The number of accidents requiring days away from work for occupational injuries and illnesses declined, which may have correlated to the economy.

Overall, in 2010 fatal work injuries totaled 4,547 in the nation, compared to 4,551 in 2009. In Vermont, there were 13 work-related deaths in 2010, compared to 12 work fatalities in 2009. Although work accidents have decreased slightly, they still remain a major concern for employers, employees, and everyone involved.

Where did the Vermont work fatalities occur and to whom?

The 13 Vermont work-related deaths in 2010 affected men, generally classified as white, non-Hispanic. The most affected age group was between the ages of 55-64, and the majority of deaths happened in the private industry to wage and salary employees.

Although progress has been made in different industries regarding workplace safety, there are still strides employers and employees must take in order to decrease work-related accident injuries and fatalities in Vermont.

OSHA Encourages Employers and Employees to Reduce Vermont Workplace Accidents

Sun, 02 Oct 2011 08:00:00 EST

The Occupational Safety and Health Administration (OSHA) was created within the Department of Labor in 1970 to help reduce workplace hazards. OSHA has encouraged employers and employees alike to reduce work injuries in Vermont and throughout the nation. Specifically, OSHA focuses on safety and health programs to promote safe and healthy workplaces for employees across the nation.

OSHA has provided help for employees in Vermont through many different safety programs, health programs, state plans, training, and education. OSHA indicates that effective management of worker safety is essential to reduce the severity of work-related injuries in Vermont and throughout this nation.

Program management assistance has helped both employers and employees reduce the extent and severity of on-the-job injuries and illnesses. When employers adopt an effective safety and health program and provide the proper training and supervision, they can save time and money, increase productivity, and reduce on-the-job accidents.

OSHA has guidelines they have published called Safety and Health Program Management Guidelines that can be used on all worksites covered by OSHA, and identifies the four main elements needed for a successful health and safety management program, which include:

Worksite analysis
Management leadership and employee involvement
Safety and health training
Hazard prevention and control

Another Vermont Crane Accident Sends Worker to Hospital

Sat, 01 Oct 2011 08:00:00 EST

We previously reported on a Vermont crane accident that occurred on Wednesday, August 25, 2011, but have since learned of another crane accident that occurred in our state on the same day as the other work accident.

Vermont State Police indicated that a crane worker was operating a 100,000-pound construction crane when the roadway fell out, causing the crane to tip over into a ditch. This Vermont work accident trapped the crane worker inside.

When emergency responders arrived on scene, they had to extricate the crane operator from the construction equipment that tipped over in Calais, Vermont. The driver of the crane was injured in the accident and transported by helicopter to the Dartmouth Hitchcock Medical Center for medical treatment.

This crane accident occurred in Calais, Vermont on Wednesday afternoon, just hours after the crane accident that took place in Georgia, Vermont on U.S. Route 7; however, no injuries were reported in the earlier crane tip over incident.

The Law Office of Charles Powell would like to wish the crane operator a quick and complete recovery.

Lack of Maintenance on a Truck Leads to a Vermont Work Accident

Sat, 17 Sep 2011 08:00:00 EST

A work accident in Vermont occurred as a truck driver slammed his manure truck into a building downtown St. Albans on July 29. However, according to a new accident report, it has been determined that the manure truck's brakes failed, causing it to speed through the intersection of Vermont 104 and 36, down Fairfield Street, and crash into the building at 10 S. Main St. in St Albans.

Archie Domina Jr., the 23-year-old truck driver, was injured in the accident, suffering several cuts and a vertebra fracture in his neck. In addition, the truck caused extensive damage to the building it collided into upon impact.

This vehicle work accident in Vermont was allegedly caused by a mechanic who worked on the truck's brakes just two days prior to the crash. He adjusted four rear brakes on the truck and inspected the truck's brake linings. Recently, the mechanic indicated to officials that he was not certified to adjust truck brakes and that he had no training for truck maintenance.

However, once inspectors towed the truck out of the building, they found 23 violations on the truck. Inspectors believe that 19 of the 23 violations existed prior to the crash and that four of the six brakes were not working. They also found that the registration was expired even though the vehicle was on the road.

The truck's owner, Archie Domina Sr. told officials that another truck broke down, and they needed to get work done, so he pulled this truck out on the road. He received hundreds of dollars in fines from the crash.

If another worker besides his son would have been behind the wheel of this truck, Domina, his company, and possibly the mechanic would be held liable for their lack of maintenance and safety negligence.

The Law Office of Charles Powell would like to wish Archie Domina Jr. a fast and complete recovery.

Preventing Vermont Workplace Violence and Injuries

Tue, 06 Sep 2011 08:00:00 EST

There are lessons to be learned following the Brattleboro, Vermont workplace shooting that occurred on August 9, 2011. As details are emerging following this workplace fatality over an evaluation and performance review, workers and employers should reflect on what happened at Brattleboro Food Co-op in order to prevent this type of workplace violence from occurring at your work.

It appears that the gunman was an angered employee looking for retaliation against his boss after a poor work performance evaluation. Reports have indicated that this employee did have behavioral issue concerns and employee relationship issues.

These types of behaviors and others, like intimidation, anger, physical violence, bullying, and harassment in the workplace, if unresolved, can develop into more serious behavior, like in this situation.

Employers, supervisors, bosses, and co-workers all need to be aware of problematic behaviors in employees and look for warning signs that may indicate workplace violence. Comments and jokes about workplace violence can be indicators of the potential for violence in that individual. In addition, clinched fists and angry outbursts can also be workplace violence indicators.

When violence and behavioral issues are recognized early, there is a chance for intervention or a way to avoid the workplace tragedy all together.

By evaluating the Brattleboro workplace fatality, other employers and companies can increase safety and be on the lookout for workplace violence indicators.

The Law Office of Charles Powell is saddened to hear of this tragedy but does hope the other companies can learn about workplace safety from this unfortunate incident.

Bad Performance Evaluation Leads to Vermont Workplace Shooting

Mon, 05 Sep 2011 08:00:00 EST

On August 9, 2011, a Vermont workplace shooting occurred at a downtown Brattleboro grocery store. This Tuesday morning shooting claimed the life of a Brattleboro Food Co-op store manager.

According to workers at the store, Richard E. Gagnon, 59, seemed upset the morning of the shooting and had called in sick the previous day. One employee heard the gunshot and saw Gagnon moments later holding a handgun.

Workers found their store manager Michael Martin, 59, of Dummerston, Vermont, slumped over his desk with a gunshot to his head. Workers called 911 to report the shooting around 8:15 a.m.

When emergency crews arrived on scene, they were told about the shooting and that Gagnon appeared to be in the parking lot behind the store. Police officers approached Gagnon and found that he was willing to hand over his loaded gun.

Police arrested Gagnon on first degree murder charges in the shooting of a co-worker and found a copy of Gagnon's latest performance evaluation on him. Apparently, Gagnon and Martin had a heated discussion the Friday before about Gagnon's employment, and Gagnon was offered a severance package to resign.

Gagnon appeared before Windham Criminal Division of Vermont Superior Court a day after the shooting and pleaded not guilty to the murder charges. If Gagnon is found guilty of this workplace murder, he will face 35 years to life in prison.

The Law Office of Charles Powell is saddened to hear of this Vermont workplace fatality and would like to extend our condolences to the family, friends, and co-workers of Michael Martin.

Dog Attacks Cause Postal Employees Vermont Work Injuries

Thu, 01 Sep 2011 08:00:00 EST

Dog attacks occur more frequently than most people think. In fact, the Centers for Disease Control and Prevention indicate that about 2% of the population is bitten by a dog every year. Although dog attacks can occur to anyone, typically to children and the elderly, they also occur to U.S. postal workers.

Since October 2010, there have been 70 dog attacks on postal workers and letter carriers in the Northern New England District, which includes Vermont, New Hampshire, and Maine. In addition, statistics for nationwide postal employees attacked by dogs are approximately 5,700 injuries every year.

Because dog attacks can cause serious Vermont work accidents and injuries for postal workers, dog owners need to be extremely careful with their pets. Most dog bites can be prevented by the pet's owner if the proper steps are taken.

Steps to reduce postal employee dog bites could include:

Keeping your dog on a leash
Being careful to not let your dog out when opening the door to accept a package
Remind children to keep their dog secured
Teach children not to take mail from the letter carrier's hands because a dog may see that as a threat and want to protect that child

If you have been injured by a dog at work in Vermont, please contact the Law Office of Charles Powell to talk about your work injury. Our skilled Vermont work accident attorneys will provide you with a free legal consultation just by calling 877-295-7773.

Crane Crashes Through Store's Roof in Vermont Construction Accident

Thu, 01 Sep 2011 08:00:00 EST

On Wednesday, August 25, 2011, a work accident in Vermont occurred that involved a crane that tipped over and went through a store. The Georgia Market, located in Georgia, Vermont was open for business when this incident occurred.

The crane was working on building a new store next to the market when it crashed through the market's roof. Officials say that about a dozen people were inside the market when this accident occurred. Because the roof of the building had three layers, inertia was slowed and damage was not as extensive as it could have been.

Witnesses to the crane accident reported that it sounded like a huge explosion when the crane hit the building.

There were approximately a dozen workers on the construction site next to the building when the crane accident occurred. Authorities indicate that it is amazing that no one was hurt during this construction accident, especially since the crane tipped over.

The crane operator for Vermont Structural Buildings was in the process of placing a one-ton beam on a post when he felt the jack slip off of his padding. He said that he attempted to pull it back but was not able to before it went through the store's roof.

OSHA is now investigating this Vermont construction accident to decide if there are any issues with the way Vermont Structural Buildings handled this situation.

The store is back in business after ten hours of cleanup, and everyone is thankful that no one was hurt in the process.

The Law Office of Charles Powell is also glad to hear that no one was injured in this Vermont work accident.

Could Workers' Compensation Benefits Aid With College Education Costs?

Fri, 19 Aug 2011 08:00:00 EST

Melisa Gelinas of Saco, a college student at the University of Vermont, is hoping to be a translator for a U.S. ambassador and work for the United Nations one day. Her linguistics studies come at a cost of $42,000 for annual tuition with room and board.

This huge price tag is hard to afford without the help of scholarships, student aid, loans, and grants. Fortunately, Gelinas received two scholarships to help with her college education.

Gelinas said that her dad's dream of providing his daughter with a college education was something that her family could not afford when she was younger.

However, her father, John, was killed in a New England work-related accident in 2006, while he was driving his commercial truck on the job. Because his workers' compensation benefits allowed his daughter to receive certain benefits, she was able to apply for scholarships.

MEMIC, Maine Employers' Mutual Insurance Co., a private company that provides workers' compensation insurance for companies located in Maine, notified her of all the benefits she was entitled to. Gelinas submitted an application and informed the workers' compensation company how losing her father affected her, and she received the scholarship.

Gelinas said it was her father's dream that she get a college education, and she plans to honor her father's wishes.

The Law Office of Charles Powell is deeply saddened to hear of Gelinas' father's fatal work accident, but is glad to hear that his workers' compensation benefits are helping the family get through such a difficult time.

Update on Vermont Work Accident that Led to Death of Carnival Worker

Thu, 18 Aug 2011 08:00:00 EST

We previously reported on a tragic work-related accident that took place on Tuesday, July 19, 2011 around 3:30 in the afternoon. Because there were no witnesses to this fatal Vermont work accident, we are just now learning more about the man who died that day.

Leonardo Espinabarro Telles, a 40-year-old carnival worker, of Vera Cruz, Mexico, was in the U.S. on a work visa and employed by Massachusetts-based company, Castlerock Amusements. He was setting up for the 50th Annual Lamoille County Field Days in Johnson, Vermont when he got caught in a large diesel-powered generator fan.

This unfortunate work-related accident critically injured the carnival worker, and he was rushed to Copley Hospital in Morrisville by Northern Emergency Medical Services. Unfortunately, the worker sustained massive trauma wounds to his torso from being caught in the fan of the generator, and the wounds were too great for emergency personnel. Sadly, Telles died en route to the hospital.

Although police have ruled this fatality as an "accident," the U.S. Occupational Safety and Health Administration (OSHA) are still conducting their investigation of this deadly work accident in Johnson, Vt.

Carnival employees are at risk for both non-fatal and fatal injuries due to the dangerous nature of their jobs.

If you were injured on the job or you lost your family member from a workplace fatality, you may be entitled to financial compensation for your injuries or the loss of a loved one.

The Law Office of Charles Powell would like to extend our condolences to the family of Mr. Telles following this fatal work accident.

Construction Accident Claims the Life of a Vermont Man

Fri, 12 Aug 2011 08:00:00 EST

A fatal construction accident took place around 10:28 on Monday morning, July 18, 2011, that claimed the life of a Vermont man. Authorities confirmed that the tragic construction accident occurred in northern New York.

According to reports, 46-year-old Michael B. Loyer, of South Burlington, Vermont, was working at a railroad bed in Port Kent when the accident occurred. He was installing a three-foot diameter pipe under the railroad bed while operating a Barbco auger. Unfortunately, Loyer was ejected from the auger as a result of the machine becoming constrained inside the pipe.

The auger threw him to the ground and pinned him there until another construction worker, Noah W. Rounds, employed by Steven Fuller Excavation, used a backhoe to remove the auger from Loyer.

Loyer was taken to a nearby hospital, but was pronounced dead. The autopsy results confirmed that Loyer died of injuries caused by the heavy machinery.

Loyer was working for Trenchless Technologies of New England, Inc., in South Burlington, Vermont, who is a subcontractor for Steven Fuller Excavation.

Although the death was ruled accidental, troopers and the Occupational Safety and Health Administration (OSHA) are investigating this construction accident.

The Law Office of Charles Powell is deeply saddened to hear of this fatal construction accident, and we extend our condolences to the family, friends and co-workers of Mr. Loyer.

Construction Accidents Often Occur in Vermont Work Zones

Mon, 08 Aug 2011 08:00:00 EST

The Vermont Agency of Transportation (VTrans) is strongly reminding all motorists to be on the lookout for construction workers and road maintenance workers who are working throughout the state in work zones.

Since summer is a time when road crews are outside working to make Vermont's bridges and roads safer, there is an increase in the number of active work zones . In fact, there are over 100 construction projects and work zones throughout Vermont this summer. Plans include the paving of 100 miles of interstate highways and 135 miles of state roads, in addition to maintenance work on 45 bridges.

Road workers and construction workers have enough risks on-the-job to worry about besides drivers of motor vehicles dangerously passing by their work areas.

Construction zones are places in which accidents commonly occur, and Vermont is urging motorists to slow down when in work zone areas. According to VTrans, more than 50 percent of Vermont work zone accidents are caused by drivers who are speeding or distracted behind the wheel.

Vermont troopers will be spotted at construction zones because the state feels that a police presence has helped reduce the number of Vermont work accident injuries and motor vehicle injuries that take place at these work zones.

For example, during one trooper's shift, he stopped two vehicles speeding over 100 mph in a 55 mph posted construction zone. Although no one was injured in this case, it is a situation that could have turned disastrous.

If you have been injured in a construction accident in Vermont, please call an experienced Vermont work injury lawyer at the Law Office of Charles Powell today for a free legal consultation at 877-295-7773.

Vermont Work Accident Claims the Life of a Carnival Worker

Sun, 07 Aug 2011 08:00:00 EST

On Tuesday, July 19, 2011, a carnival worker died in a work accident in Vermont as he was helping set up the fair at the Lamoille County Field Days.

Leonardo Espinabarro Telles, 40, got caught in the fan of a diesel generator inside a trailer, suffering catastrophic injuries on-the-job. He unfortunately died en route to the hospital.

Telles worked for Crystal Rock Amusements of Pittsfield, Mass, a company that presents as Castlerock Shows and Castlerock Amusements.

The Vermont Department of Labor and Labor Commissioner Annie Noonan issued an emergency stop-work order for the amusement company following this work fatality, due to a lack of workers' compensation insurance.

Director of the Workman's Compensation and Safety Division Steve Monahan said that Vermont law requires every company, even out-of-state companies, to have the correct insurance coverage for their employees and workers.

Monahan indicated that he believes Mr. Telles was the first work-related death at a Vermont fair in about ten years.

The Vermont Department of Labor lifted the stop-work order on Thursday, after the company provided them with proof of insurance.

Although Castlerock has workers' comp insurance through the state of New York, it did not include Vermont. The company had to purchase an additional insurance policy so that the stop-work order could be lifted and the fair could go on.

There were no witnesses to this fatal Vermont work injury.

The Law Office of Charles Powell is deeply saddened to hear of this tragic loss of life, and would like to extend our condolences to the family, friends and co-workers of Mr. Telles.

Speeders Pose Threat to Vermont Construction Workers

Fri, 15 Jul 2011 08:00:00 EST

In an effort to prevent work accidents and fatal work injuries in Vermont, state authorities are asking motorists to remember and abide by the road rules when entering a Vermont work zone. These zones are marked with reduced speeds, and drivers need to be aware of the posted work zone signs when traveling through these areas.

On June 8, 2011, a Vermont State Police Operations South Team was monitoring a work zone on Interstate 91 in Putney when a motorist traveled through the work zone at a very high rate of speed. The work zone sign was posted at 50 mph, but an officer clocked the driver traveling over 85 mph.

Thankfully, this driver did not strike anyone or injure any of the workers at the site. However, it is excessive speed and careless drivers who have hurt and killed workers on the job in Vermont and throughout the nation in the past.

This Windham County work zone incident is not the first, and it certainly will not be the last. Motorists need to remind themselves that workers in construction zones are in danger when a negligent or careless driver is behind the wheel.

In fact, a construction worker died while on the job in Vermont in a work zone accident last year due to a reckless driver. Sadly, the victim was struck and killed by an inattentive driver in Newport.

Due to this information and a recent work fatality in New York, Vermont State Police have increased their enforcement in work zone areas - especially those they believe to be in dangerous locations.

Police want to remind all motorists that during the summer months, construction projects pick up and the number of work zone areas almost doubles.

If you have been injured while on the job in a construction work zone, please call a knowledgeable Vermont work accident attorney at the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation to determine your rights.

Check Out the Most Stressful Jobs of 2011

Sat, 09 Jul 2011 08:00:00 EST

Do you have a stressful job? A recent survey ranked 200 professions according to stress factors in an average workday and found the top stressful jobs in America. Find out if your job is ranked in the top ten most stressful jobs in the U.S., according to CareerCast.com.

According to the survey, the most stressful jobs of 2011 gained their rankings due to environment, physical demands, competitiveness, deadlines, on-the-job dangers, and more. They include:

Commercial airline pilot: Pilots have stresses that arise from factors that are outside of their control, such as equipment, control tower operators, layoffs, and cost cutting.
Public relations executive: PR executives are put in stressful situations, because they are at the mercy of their clients. They have to manage every detail of multiple campaigns, as well as be connected to social media constantly.
Senior corporate executive: The decisions that corporate executives have to make are stressful, as they have to keep their companies profitable.
Photojournalist: Photojournalists face dangers on the job, as they are expected to be on the front lines, such as in a war zone. They also have to be on assignment for a long period of time, if needed.
Newscaster: Sometimes newscasters have to be on call 24 hours a day, 7 days a week for breaking stories. They are expected to go on air live with little preparation.
Advertising account executive: Since audiences are changing constantly, advertising executives must continually keep up with the trends.
Architect: There is a lack in building activity, which has caused stress for architects due to the fear of the uncertainty.
Stockbroker: A stockbroker's decisions affect the finances and stability of others. Stockbrokers are expected to perform well for their clients, even when the market isn't going well.
Emergency medical technician: When someone's life is on the line and an EMT is responsible for the individual's emergency medical care, it can be extremely stressful.
Real estate agent: The housing market has made real estate agents stressed, as their income is uncertain.

Too much stress while on the job in Vermont can very well lead to occupational hazards and diseases. Some workers suffer from mental stress, such as depression or anxiety, due to the stress of their jobs. Other employees that are stressed while on the job can suffer from poor health and physical injuries. Find out if you have a Vermont workers' compensation claim, and call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation to determine your rights.

Is your back pain a result of a Vermont work injury?

Sun, 03 Jul 2011 08:00:00 EST

Statistics recently revealed that four out of five people will have lower-back pain symptoms in their lives, according to the National Institute of Arthritis and Musculoskeletal and Skin Diseases.

If you have sustained a back injury while at work in Vermont, you are probably experiencing extreme pain. When a back injury happens suddenly at work, it can cause a sudden, sharp pain or a dull pain that lasts for several weeks or months.

Back injuries can sometimes heal with rest, while other times exercise is recommended. Ted Dreisinger, Ph.D., associate editor of The Spine Journal, recommends stretching. He says to determine which moves make your pain worse and to only exercise in a pain-free zone. If the pain is not going away, you should not ignore it. You may need a doctor, physical therapy, pain medications, and even surgery as a last resort.

If back pain does not go away after three months, then it is considered chronic back pain. If you have pain in your back, even if it is dull pain, or if pain is so severe that it wakes you up at night, then you should seek medical attention immediately.

Sometimes, back pain is accompanied by leg pain following an injury. If this is the case, you may have a herniated disc, fracture, or something else serious. Get to a doctor as soon as possible.

If your back injury resulted from a one-time work injury in Vermont or if it occurred over a period of time due to repetitive work activities, you may have a Vermont workers' compensation claim. Call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation to determine your rights.

$2 Million Secured for Vermont Workforce Training

Sat, 02 Jul 2011 08:00:00 EST

On June 9, 2011, U.S. Senator Patrick Leahy, of Vermont, announced that the U.S. Department of Labor has provided $2 million to fund Vermont workforce development training. This training will be offered by the Vermont Healthcare and Information Technology Education Center (HITEC) in Williston.

Leahy was instrumental in securing these funds last year, and believes that "training and practical experience can turn the liability of unemployment and underemployment into assets."

The Vermont HITEC will train workers in healthcare, manufacturing, information technology, and other fields. It will develop education and training to help fill vacant positions with pre-selected employers.

Although this training will provide employees with a specific skill set, it will also focus on work safety. Work injuries can occur at any job, and workers need to be trained appropriately for the job they are required to do. Employers who emphasize training and safety and provide their employees with the proper equipment for the job are less likely to have workers' compensation claims.

When workers are injured on the job in Vermont, they may be entitled to medical bills, lost wages, rehabilitation, and more under Vermont's workers' compensation laws.

For more information about these workers' comp laws, please call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation.

Measles and Other Diseases Can Be Caught in Vermont Workplaces

Sat, 02 Jul 2011 08:00:00 EST

A young child in Washington County, Vermont who is believed to have measles has exposed other children and adults at an East Barre Fire Department barbeque and at the McDonald's on Barre-Montpelier Road, says the Vermont State Health Department.

The child was at the McDonald's on Thursday, June 16, 2011, between 5:30 and 9 p.m. and at the barbeque at the East Barre Fire Department on Sunday, June 19^th.

If you had food or were at either of these places at these times, you could have been exposed to measles.

Measles is highly contagious and can be caught if you are in the same room or place of business as someone who has it. You can even catch measles two hours after the infected person has left, because it stays in the air for a couple of hours.

Measles is a huge public health risk, because it spreads easily and can cause serious health complications or even death.

If you were at either of these locations and you haven't had measles before or been fully vaccinated against it, you should contact your health provider. If you believe that you have measles, contact the Vermont Health Department at 802-863-7240. You also should seek legal advice.

If you were working at either of these Vermont locations or were required to pick up food from McDonald's or drop by the Fire Department as part of your work duties, then you could have a Vermont workers' compensation claim if you catch measles.

If you caught any other occupational disease in Vermont because you were exposed to something at work or during your required work duties, then you should seek legal advice. You may be entitled to compensation for medical bills, lost wages, and more. Please call the Law Office of Charles Powell at 877-295-7773 today to find out more about your rights under Vermont's workers' compensation laws.

Two Years since Last Workplace Accident, Says Vermont Box Company

Thu, 16 Jun 2011 08:00:00 EST

On June 2, 2011, a Bennington box company turned 50 years old. Vermont Container Corporation, which employs less than 50 individuals, is the only manufacturer of corrugated boxes in Vermont.

Employees at the Vermont box company, located on Bowen Road, include sales people, business and administration staff, as well as factory workers.

Mike Davenport, plant manager of Vermont Container Corp., said, "Back in the day, Bennington was known for manufacturing. Now it's not." The company has watched other factories come and go along the industrial loop, especially since the recent recession has led many companies to lose out to overseas manufacturing. However, Vermont Container Corp. has survived.

Vermont Container Corp. has been able to survive the hard times by working with a leaner staff and having employees work longer hour workweeks. However, the company is hiring again. Long-standing customers, such as Green Mountain Coffee and Vermont Country Store, have stuck with Vermont Container Corp., as the company values its long-lasting relationships with customers.

Vermont Container Corp. is a family company that values its customers and employees and places a priority on premium services. Those working for the company are extremely proud that it has been two years since their last Vermont workplace accident. The company even has a placard on the shop floor reminding employees of this fact.

We are glad to hear of this news and are thankful that companies prioritize workplace safety. However, if you are factory worker, industrial worker, or plant worker who has been injured while on the job in Vermont, please call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation.

Vermont Workers Injured while Driving on the Job

Wed, 15 Jun 2011 08:00:00 EST

On June 1, 2011, an oil truck driver collided with another oncoming semi truck on Route 10 in Chester, Vermont. Officials said that this Wednesday morning crash caused Route 10 to be closed down for several hours, as one of the trucks overturned.

Vermont State Police indicated that the oil truck driver was heading eastbound when he lost control of his rig around a corner and hit a westbound tractor-trailer, causing it to flip over and spill its load of grain from northern Vermont.

Both trucks sustained serious damage, but no injuries were reported in this case.

Although no injuries were sustained in this specific case, many traffic accidents result in motorists getting hurt. If a truck driver is involved and injured in a truck crash, his livelihood may be at stake. A trucker who cannot drive or return to work because of the serious injuries sustained due to someone else's negligence may be entitled to financial compensation.

In addition, there are many workers who drive for their companies, on company time, or in company vehicles. If they are involved in accidents, they could be injured while on the job in Vermont.

If you are a trucker who has been in a Vermont accident or an employee who was driving a company vehicle when you were injured, call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation.

2010 Vermont State Workforce Accident and Injuries Report

Fri, 03 Jun 2011 08:00:00 EST

A recent article by Vtdigger.org focused on the conditions of the Vermont State Hospital and the high rate of injury to employees in the state government. The article showed that even those who work for the Vermont State Police have fewer work injuries in Vermont than the state hospital workers.

Terry Rowe, the former executive director of the hospital, said that many of the work injuries and accidents that occur to Vermont state workers happen due to patients' behaviors. This occurs because the Vermont State Hospital cares for mentally ill patients, who often have violent tempers.

Patients have been known to strike staff members, which has included hitting, punching, and spitting. Rowe stated that over a two-year period, about 200 workers suffered work-related injuries.

The Vermont state workforce report was recently released with the top departments that have suffered Vermont work accident and injury claims. According to the Vermont state workforce FY 2010 injuries report, the top ten departments include:

Transportation -169 work injury claims
Corrections - 110 work injury claims
Vermont State Hospital - 98 work injury claims
Public Safety - 98 work injury claims
BGS - 70 work injury claims
Vermont Veterans Home - 54 work injury claims
Forest, Parks & Recreation - 45 work injury claims
Children & Families - 34 work injury claims
Fish & Wildlife - 21 work injury claims
Labor - 19 work injury claims

If you have been injured while on the job in Vermont, call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation.

Vermont Healthcare Workers Suffer Workplace Assaults

Thu, 02 Jun 2011 08:00:00 EST

Sadly, healthcare workers in Vermont and throughout the nation often suffer violent workplace assaults. In fact, the Associated Press recently reported that on-the-job violence has increased over the past three years in this industry. Healthcare workers obviously face unsafe work conditions.

The attention that healthcare workplace violence has received recently led the state of Vermont to take a stand against such violence in the workplace. Vermont announced that it will increase a misdemeanor assault to a felony charge when the victim is a healthcare worker. The new penalties for this type of crime will include a prison term of up to one year for first-time offenders. If the individual is a repeat offender, the punishment could be a prison term of up to ten years.

Vermont is the latest state to act aggressively against violence in the healthcare workplace. New York and Massachusetts have similar laws, and other states are looking into the problem.

Although these laws will not put an end to workplace violence, at least Vermont healthcare workers, who dedicate their lives to helping others, are receiving the protection they deserve with support from their state leaders.

Some healthcare workers are still requesting that more be done to help support nurses and other healthcare workers after violence occurs. While Vermont workers' comp can cover a work injury, some workers don't feel like they get the same support when an injury is sustained through a violent workplace attack.

This is why it is important to call a skilled Vermont workers' compensation lawyer if you have been the victim of a workplace assault. Call the Law Office of Charles Powell at 877-295-7773 today if you or someone you love has been seriously injured in a Vermont work accident.

Vermont Farm Worker Developed Farmers' Lung on the Job

Thu, 02 Jun 2011 08:00:00 EST

Farming is a tough job no matter where you live, whether in Vermont or somewhere else in the nation. Farm workers in the agriculture industry are prone to many injuries due to the type of work that they do. In addition to suffering work injuries, farmers also have been known to develop different medical conditions from what they are exposed to while on the farm.

Whether a farmer is milking a cow or working on crops, his or her job is physically demanding, often resulting in work accidents and injuries.

One type of medical condition that farmers have been known to get is "farmers' lung." This condition develops due to constant exposure to the hay dust found on farms. Recently, the Vermont Public Radio wrote an article on Javier, a 47-year-old Vermont farm worker who has developed farmers' lung and cannot afford to get the tests he needs.

Unfortunately, farmers' lung affects a large percentage of farmers and ranchers, causing serious respiratory illnesses. The number of farmers that are affected by farmers' lung has increased over the last several years, and farmers now account for more than 30% of adults disabled by respiratory illnesses.

It is believed that farmers' lung is caused by breathing in mold spores from the dust in moldy hay, grain, straw, corn, or silage materials. Studies indicate that farmers can inhale up to 75,000 mold spores per minute.

Farmers' lung disrupts the lungs and can cause a farmer to have a shortness of breath and to just feel ill overall. Sometimes, a farm worker will be so affected by farmers' lung that he or she cannot return to work due to physical limitations. This condition has even been known to cause permanent lung damage and, in extreme cases, death.

Symptoms that farmers, ranchers, stable workers, and grain handlers should watch out for include a dry and irritating cough, shortness of breath, an overall feeling of sickness, rapid breathing and heart rate, and fever and chills.

If you have been injured at work in Vermont, call the Law Office of Charles Powell at 877-295-7773 today for a free legal consultation of your rights and benefits.

What is one of the most dangerous jobs in Vermont?

Wed, 18 May 2011 08:00:00 EST

Logging is one of the most dangerous jobs in Vermont and throughout the nation. Even though the Occupational Safety and Health Administration (OSHA) has many rules and certification classes to help workers avoid injuries, the nature of this work requires the involvement of chainsaws and other dangerous equipment, which can cause loggers to sustain injuries. Plus, working around heavy logs is risky in general.

One New England logger received an injury from a log falling off of a pile and rolling down, hitting his leg and bending it in a way it shouldn't have bent. A Vermont logger escaped an injury when his logging truck struck a utility pole, causing his truck to roll over on Route 4.

Other loggers have sustained chainsaw injuries when the tip of the saw kicks after it catches on the wood at an oblique angle. Still others have gotten pinned by fallen trees. Not only is logging dangerous for these reasons, but loggers also have been known to get attacked by animals while in the forest.

If any one of these things occurs during the winter months in the Northeast, a logger could be immobilized from the serious injuries and die of cold before anything else. Although the approaching summer months eliminate any concern of freezing to death, the other dangerous elements of the job still exist.

Logging is the most dangerous job in America, as there are approximately 118 fatalities per one hundred thousand workers, according to the U.S. Department of Labor.

Call the Law Office of Charles Powell at 877-295-7773 today if you or someone you love has been seriously injured in a Vermont work accident.

Does Vermont have many work-related fatalities?

Tue, 17 May 2011 08:00:00 EST

A new study was released on May 1, 2011 called "Death on the Job: The Toll of Neglect." This 2011 report from AFL-CIO focuses on job-related deaths in the United States.

New England states have some of the lowest worker fatality rates in the nation. In fact, New Hampshire was ranked the state with the lowest rate of job fatalities. In 2009, the state only had six reported workplace accident fatalities. Rhode Island follows in second place, reporting seven work-related deaths, and Massachusetts comes in third with 59 job-related fatalities.

Other New England states that are ranked fairly well for having the lowest job-related death rates include Connecticut, Maine, and Vermont.

Connecticut comes in seventh with 37 job-related deaths-a rate of 2.0 deaths per 100,000 people. Maine ranks seventeenth with 16 deaths, or 2.5 fatalities per 100,000 workers. Vermont ranks the highest for job-related fatalities out of all the New England states.

Vermont work accidents produced 12 deaths in 2009, with a rate of 3.6 deaths per 100,000 people. However, Vermont is not the most dangerous place to work. Montana takes the lead with 50 workplace deaths, which means 10.8 deaths per 100,000 people.

The Bureau of Labor Statistics revealed that 4,340 workers died on the job nationwide in 2009, which is approximately 12 workers per day. Over 4.1 million workers were injured while on the job that same year.

In light of these findings, the Occupational Safety and Health Administration (OSHA) would like to create tougher regulations and increase the number of its inspectors to help strengthen safety in the workplace.

Call the Law Office of Charles Powell at 877-295-7773 today if you or someone you love has been seriously injured in a Vermont work accident or died while on the job. You could receive benefits under Vermont's workers' compensation laws.

Injured Vermont Trooper Challenged Denied Workers' Comp Benefits

Thu, 12 May 2011 08:00:00 EST

Recently, the Vermont Supreme Court ruled that a Vermont employer can offset sick wages paid to an employee during a period of temporary total disability from workers' compensation disability benefits.

This ruling came about in a case called Yustin v. Department of Public Safety, No. 09-294.

The case involved a Virginia state trooper who injured his shoulder while he was exercising to try and get ready for the physical fitness exam that the job required. He had to undergo surgery to repair the damage of his shoulder. The employer tried to argue that the injury was not work-related, thus denying coverage.

The trooper was out of work for four months and had to use his sick leave to get his full wages while he was out of work. He then challenged the denial of workers' compensation benefits and was later awarded temporary total disability (TTD) benefits in his Vermont workers' compensation claim.

The trooper's employer restored his sick leave by the disability benefits amount, according to the state policy. The trooper then proceeded to challenge this. However, the court ruled that this employer's actions were consistent with the purpose of workers' compensation benefits and made it clear that double recovery of benefits is against policy.

Prior to this case, the Vermont workers' compensation laws did not contain information on offsetting against disability benefits for sick leave during the same period for which many other states have provisions.

If you have suffered a Vermont work injury, call Charles Powell, a skilled Vermont workers' compensation lawyer, at 877-295-7773 for a free, no-obligation consultation.

Could ROPS save lives in Vermont farm accidents?

Thu, 05 May 2011 08:00:00 EST

A 52-year-old onion grower was killed in a tragic farm accident when his tractor rolled on top of him. A similar situation occurred when a 45-year-old farmer was working on top of a large silage-filled bunker and his six-ton tractor rolled over on him. The biggest difference is that he lived.

How does one farmer live after a tractor accident and one not? The answer is rollover protective structures (ROPS). The farmer who lived had recently installed ROPS on his tractor through a life-saving program sponsored by the New York Center for Agriculture Medicine and Health.

This program has identified what appears to be the single leading cause of death on farms-tractor rollovers or overturns-and has shared in the cost with farmers interested in installing ROPS on their tractors. ROPS are known to be about 99% effective in preventing serious injuries or death to a farmer when a tractor overturns.

This program was so successful that it expanded to Vermont, New Hampshire, and Pennsylvania. However, federal budget cuts may eliminate funding for it.

This program decreases the number of fatal farm accidents in Vermont, New York, New Hampshire, and Pennsylvania. It also prevents costly injuries and helps reduce workers' compensation costs.

Many advocates believe that this life-saving program shouldn't be eliminated, since the agriculture industry in Vermont and throughout the nation has one of the highest occupational fatality rates.

Call the Law Office of Charles Powell at 877-295-7773 today if you or someone you love was seriously injured in a Vermont farm accident or died as a result of a tractor rollover.

Vermont Construction Accidents Could Be on the Rise

Mon, 02 May 2011 08:00:00 EST

The construction industry is one of the most dangerous industries in the nation, as workers are exposed to heavy manual labor, excessive physical activity, and other dangers.

In Vermont, construction workers often sustain work injuries while on the job due to industry dangers, such as lack of training, insufficient equipment, and lack of safety gear. These dangers lead to Vermont work accidents of every kind that can result in back injuries, head trauma, amputation, paralysis, and even death.

In a recent Times Argus article, it was made known that the construction industry in Vermont was hit hard because of the recession. However, the construction business has started to pick up in recent weeks. Now that springtime is here, experts believe that construction activities will increase, which could increase work accidents in Vermont.

Joseph Sinagra of the Homebuilders and Remodelers Association of Northern Vermont indicated that more people are starting to plan on remodeling or building, but it may still take a long time to start projects as people are nervous about spending money in this economy.

Most of the privately-funded construction activity is remodeling. At this point, publicly-funded projects are the only thing supporting the construction industry in Vermont.

As the construction jobs are slowly increasing, so will Vermont construction injuries. If you have suffered a work injury, call Charles Powell, a skilled Vermont workers' compensation lawyer, at 877-295-7773 for a free, no-obligation consultation.

Vermont High School Referee Suffers Back Injury

Wed, 20 Apr 2011 08:00:00 EST

Jim Rose, a high school basketball official, retired after 25 years due to an injury he suffered in Vermont. He blew the whistle in more than 1,000 games, as it was a way for him to stay close to a sport he loved and couldn't play anymore.

Officials have to take a 50-question test and complete a 20-hour training course before they can climb the ladder from middle school sports to JV and varsity games. They also have to meet strict standards administered by the International Association of Approved Basketball Officials (IAABO).

Officials who work high school games in Vermont also have to be active members of IAABO for $75 per year, and they need to be involved in three annual meetings, continuing education, and refresher training courses.

Controlling teenagers for $75 a night and bringing order to the game come at a price, as a basketball official has to run up and down the court. For Jim Rose, working 1,000 games took a toll on his body. Suffering a back injury as an official brings his career as a referee to a close.

Rose also officiated at football games, and he is the director of sales and marketing at Engelberth Construction in Colchester.

We extend our well wishes to Mr. Rose while dealing with his back injury.

If you have suffered a Vermont work injury, call Charles Powell, a skilled Vermont workers' compensation lawyer, at 877-295-7773 for a free, no-obligation consultation.

Radioactive Substances Leaked at Vermont Yankee Plant

Tue, 19 Apr 2011 08:00:00 EST

There is an anti-nuclear movement in the U.S. due to the recent incident in Japan, and the Vermont Yankee is at the forefront of the debate. This Vermont nuclear plant is one of a couple dozen aging reactors in the U.S. that is being reviewed for closure.

In 2007, one of the Vermont Yankee's cooling towers collapsed partially, and the plant has leaked radioactive tritium from underground pipes in the past, as well as this past January. The leakage occurred in the ground near the Connecticut River. Tritium, if ingested in large amounts, can cause cancer.

Recently, plant officials said that they identified the leaks and fixed them. They also said that they would remove the tritium-tainted soil and pump out 300,000 gallons of ground water. However, they have since discovered small amounts of Cesium-137 in the soil. This is another radioactive substance, large amounts of which could harm plant workers and other individuals.

According to reports, the plant's management told Vermont state officials that they did not have any underground pipes. However, it was determined that the tritium leaks were coming from underground pipes. Entergy Corp., the company that owns the plant, explained that there was a misunderstanding about the definition of underground pipes. The company disciplined several of the plant managers.

The state of Vermont has the power to reject Vermont Yankee's license extension, which most likely will happen following these tritium leaks.

Although there have been no Vermont work accidents or injuries in this plant for some time, exposure to radioactive substances in large amounts over a long period of time can cause injuries, cancer, and other disabilities for plant workers.

If you have suffered a Vermont work injury, contact the Law Office of Charles Powell for a knowledgeable Vermont workers' compensation lawyer. Call 877-295-7773 for a free, no-obligation consultation today.

Field Engineer Injured in Burlington Construction Accident

Mon, 18 Apr 2011 08:00:00 EST

A Vermont construction accident occurred in downtown Burlington on Thursday, March 31, 2011. Authorities say that the injured construction worker was struck by a light pole around noon.

A field engineer with Burlington-based Hoyle, Tanner Associates was hit by a concrete light pole as it fell to the ground. Russ Colvin, the engineer, was climbing out of a newly-dug trench when the light pole struck him on the head. Colvin was seriously injured and transported to Fletcher Allen Health Care in Burlington, but by Friday afternoon the hospital listed him in fair condition.

The construction accident occurred on lower Church Street, where there is a project in place to upgrade the block between King and Main streets. The light pole was being taken down as part of this process.

Steve Monahan, the director of workplace compensation and safety for the Vermont Labor Department, said, "We are reviewing the scene and interviewing witnesses and anyone else involved with the project."

The Vermont Occupational Safety and Health Administration was notified of the work injury and is investigating the light pole accident to determine if there were workplace safety violations that , which may have contributed to the injury. If there were, then there could be fines of up to $70,000. The investigation shouldn't take more than two months.

The Law Office of Charles Powell is sorry to hear of this incident, and wishes Mr. Colvin a full and speedy recovery.

If you have been injured while on the job, call an experienced Vermont workers' compensation lawyer at 877-295-7773 for a free, no-obligation consultation.

What is the fate of Vermont Yankee and its Vermont plant workers?

Wed, 13 Apr 2011 08:00:00 EST

Although Vermont Yankee provides 640 Vermont workers with jobs and provides one-third of the state of Vermont with power, many people are hoping that the nuclear power plant will close down after being faced with the fears of a possible nuclear power plant meltdown like the recent occurrence in Japan.

The Vermont Yankee nuclear power plant in Vernon was given approval by the federal Nuclear Regulatory Commission to extend its license for 20 years a mere day before the big earthquake and tsunami that hit Japan. However, now that people are faced with the destruction and damage that occurred to the Fukushima plant in Japan, officials are concerned about this Vermont power plant as well.

The Vermont Yankee is about the same age and design as the one in Japan. The plant was built in 1972 and was not expected to run past 30 to 40 years. Its license is due to expire in 2012. Because of the plant's age and the leaks that have occurred, the Vermont Legislature is considering shutting it down.

However, the plant is still getting ready for a FEMA evaluation in May, and Vermont Yankee officials are telling the public to stay calm if they see plant workers wearing Tyvek suits. The workers are measuring the spread of radiation in the air in case there was ever a Vermont Yankee accident or leak.

If you have been involved in a work accident in Vermont, call Charles Powell, an experienced Vermont workers' compensation lawyer, at 877-295-7773 for a free, no-obligation consultation.

Fewer Vermont Work Accident Injuries Than National Average

Wed, 06 Apr 2011 08:00:00 EST

In New Hampshire, Vermont's neighboring state, two construction workers fell into the Piscataqua River while they were working on a construction project. The men were building a temporary bridge for the new Little Bay bridge project, when they capsized and fell into the river on Friday, March 25, 2011. Authorities say that these two men were on a boat working on a trestle for the temporary bridge when the water current became too rough.

One worker was able to stay with the boat and was rescued, and the other man was washed down the river. He was rescued near Newington. Luckily, both men were wearing life jackets and do not appear to be seriously injured. However, they were taken to Portsmouth Regional Hospital for medical treatment.

We wish the construction workers involved in this New Hampshire work accident a full and speedy recovery.

But this one specific work accident makes one wonder if Vermont is any safer than its neighbors when it comes to the workplace.

The Vermont Department of Labor indicates that companies that are enrolled in the Green Mountain Voluntary Protection Programs had less job-site injuries to report than the national average. Cases that result in an employee getting injured at work are tracked, as well as employees missing time from work due to injury.

In 2009, employers such as United Water NACO in St. Johnsbury, G.E. Aviation in Rutland, Energizer Battery in Bennington, Entergy Nuclear Vermont Yankee in Vernon, and the Vermont Agency of Transportation district in St. Johnsbury outperformed the illness and injury statistics.

We will report on the 2010 Vermont job-site accidents and injuries as soon as the figures are available.

Although the statistics look low, there are still work-related accidents that occur in Vermont. If you have been injured while on the job, call Charles Powell, a skilled Vermont workers' compensation lawyer, at 877-295-7773 for a free, no-obligation consultation.

Understand Protocols to Prevent Work Poisonings

Thu, 31 Mar 2011 08:00:00 EST

The third week of March (20th-26th) is Poison Prevention Week, as we are reminded by BTG International Inc., of West Conshohocken, Pennsylvania. The goal of dedicating a week to poison prevention is to make sure that people take time to understand the protocol for a suspected poisoning.

Knowing what to do if you or someone you work with is poisoned unintentionally can reduce serious injuries or even prevent the death of someone you love.

There are many different industries in which workers can be affected by chemical poisoning, including agriculture workers, construction workers, repairmen, pest control employees, and many other industries. Some of the poisonings can include hydrogen sulfide, cyanide, and chlorinated hydrocarbon solvents. Other work-related injuries and poisonings can be the result of carbon monoxide poisoning.

Those working in occupations that involve pesticides need to watch for signs of pesticide poisoning, which could cause serious health problems for workers. When a construction worker or repairman renovates an older home or business that could contain lead paint, proper protocol needs to be followed in order to prevent lead poisoning for workers, as well as the people who live or work in the building.

The American Association of Poison Control Centers (AAPCC) reported that most poisoning fatalities in the U.S. happen to adults. In fact, there are over four million calls to poison control centers each year.

If you work with chemicals of any kind, you need to learn how to avoid and survive emergency poisonings. Prevention is the best way of avoiding job-related poisonings. However, if you or a co-worker is poisoned, timely treatment and medical attention are crucial for survival.

If you need to speak with a poison control center, call 800-222-1222 to speak with a medical professional 24 hours a day, 7 days a week.

If you have been poisoned or injured in a Vermont work accident, call an experienced Vermont workers' compensation lawyer at the Law Office of Charles Powell at 877-295-7773 for a free, no-obligation consultation.

Safety Awareness Prevents Work Accidents

Wed, 30 Mar 2011 08:00:00 EST

L.B. Foster Company of Pittsburgh, PA is a fabricator, manufacturer, and distributor of products and services for the railroad, construction, and energy and utility industries in the U.S. and Europe.

The company recently announced that its Birmingham, Alabama facility just reached one million man hours without a "Lost Time Accident." The company indicated that the Alabama steel line pipe coating facility has not had any work-related injuries that prevented employees from working their scheduled shifts in ten years. The Pittsburgh parent company is proud of its Birmingham team, which has had a safe work environment since March 26, 2001.

This is an incredible achievement, accomplished by proactive safety measures, since the Alabama plant is focused on safety awareness. Safety is a priority at this manufacturing plant, as it is promoted by corporate initiatives and implemented with the help of DuPont's Safety Training Observation Program. This plant has daily safety awareness meetings, some of which are small discussions while others include the facility's entire staff.

When safety concerns have been brought up, especially concerns that could cause a work-related injury, they have been discussed in meetings and brought to the attention of the Pittsburgh management team to address the issue. Management from Pittsburgh then addresses the problems and provides a repair or fix to improve the safety environment.

General Manager Plant Operations of L.B. Foster Tubular Products Tim Chiasson said, "There is a total commitment to safety by team members and a real belief that all accidents are preventable."

The Law Office of Charles Powell appreciates such a commitment to safety in order to keep employees and workers safe on the job.

If you have been injured in a Vermont work accident, call Charles Powell, a skilled Vermont workers' compensation lawyer, at 877-295-7773 for a free, no-obligation consultation.

Vermont Study Reveals High Levels of Toxic Exposure

Wed, 30 Mar 2011 08:00:00 EST

A recent Vermont study, "Toxic Exposure in the Green Mountain State," tested for the presence of chemicals in six Vermonters. The study took samples of blood, urine, and hair in each of the six participants, testing for the presence of industrial chemicals in their bodies.

Of 66 chemicals, all six participants had at least 40 in them. The three oldest participants had the highest levels of organochlorine pesticides in their blood.

David Zuckerman, an organic farmer, had a high level of Bisphenol A (BPA) in him. In fact, his level was well over six times the national average. The study detected 68 percent of the tested chemicals in Zuckerman.

Jim McCullough, owner of Catamount Family Center in Williston, had very high traces of pesticides in his blood. He grew up on a farm and worked around pesticides, but stopped using pesticides long ago. The study detected 61 percent of the tested chemicals in McCullough.

Katy Farber, a teacher, had high blood levels of Deca, a flame retardant used in furniture and electronics. Her Deca levels were higher than the rest of the participants. The study detected 53 percent of the tested chemicals in Farber.

This study has been a wake-up call for workers in the state of Vermont and throughout the U.S. Although many pesticides have been taken off the market, many farmers, construction workers, agriculture workers, and other industrial workers are exposed to many toxins, chemicals, and pesticides daily.

If you work with toxic chemicals, dust, pesticides, and flame retardants or are exposed to chemicals in farming or other industries, then you may be affected by chemicals over time.

If you have been injured in a Vermont work accident, call a skilled Vermont workers' compensation lawyer at the Law Office of Charles Powell at 877-295-7773 for a free, no-obligation consultation. You may be entitled to financial compensation for your work injuries.

Vermont Repairman Seriously Injured on the Job

Tue, 29 Mar 2011 08:00:00 EST

On Saturday, February 26, 2011, a Vermont work injury and assault occurred involving a repairman who was called to a St. Johnsbury apartment building to repair a furnace.

Officials indicated that when Michael Kuligoski, 50, arrived at the apartment building to fix the furnace, he was choked by a belt, clubbed with a wrench, and had his head pushed into a bucket of water. The repairman told police that he didn't know the man who assaulted him.

Kuligoski was working on the furnace in the basement of the building when 21-year-old Evan Rapoza allegedly assaulted him. Rapoza is the son of the building's owner, and was found standing over the victim and covered in blood. Emergency responders indicated that the blood was not Rapoza's. He pleaded not guilty to attempted murder. Judge Brian Grearson ordered him to be held on $100,000 bail. He also ordered a competency hearing.

Kuligoski, who works for Fred's Propane and Heating Oil, was called to reignite a furnace that had run out of propane. He ended up suffering serious injuries as a result of this incident. Emergency crews found him with a leather belt wrapped around his neck with strangulation marks. They indicated that it appeared that Rapoza dragged Kuligoski across the floor and attempted to drown him in a bucket of water.

Authorities said that his ribs were fractured, and that he suffered head injuries and a collapsed lung. When paramedics arrived on the scene, Kuligoski could barely talk. They transported him to Dartmouth Hitchcock Medical Center in Lebanon, N.H. He was admitted in critical but stable condition.
The Law Office of Charles Powell would like to wish the victim a full and speedy recovery.

If you have been injured in a Vermont work accident, call a skilled Vermont work injury lawyer at the Law Office of Charles Powell at 877-295-7773 for a free, no-obligation consultation. You may be entitled to financial compensation for the injuries you sustained.

Safety Hazard Not Corrected, Resulting in a Work Accident and Serious Burn Injury

Mon, 28 Mar 2011 08:00:00 EST

On Wednesday, March 16, 2011, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) found repeated safety violations at Lincoln Paper and Tissue. OSHA fined the company $212,000 for the serious safety hazards that were found.

OSHA indicated that the paper mill has been inspected and cited for similar safety violations during previous inspections, thus the reason for the hefty fine.

Officials reported a serious work injury at the mill involving an employee who suffered serious burns from hot water and steam. The work accident and injury occurred on September 16, 2010, when an unnamed employee was inspecting one of the tissue machines. He was hit by scalding hot water and steam. Taken to an area hospital immediately after the incident, the employee was treated for serious burns at the burn unit. Lincoln Paper and Tissue has indicated that he is expected to recover. However, there is no further word on his medical condition at this time.

Since that injury, OSHA has inspected the mill again and found repeat safety violations, including the safety hazard that affected the employee who suffered serious burns. According to OSHA, the company was fined for failing to block the steam line that stops the steam's release. In fact, OSHA has issued eight citations for the same safety concern regarding preventing the steam's release.

Officials for Lincoln Paper and Tissue have stated that they have corrected the steam leak concern and the other problems that OSHA identified.

The other reoccurring violations include: not checking that the electrical equipment parts were de-energized prior to employees working on them; not protecting and using insulating materials on hot condensate lines; failure to clean up wood dust and debris; failure to maintain flame-resistant clothing in good condition; and spinning paper spool ends left unguarded.

When employees are not trained properly regarding electrical work practices, or if the work environment conditions are not safe, a negligent employer could be held responsible for injuries that result on the job.

The federal agency indicates that safety hazards that put employees at risk should not exist. Action needs to be taken for a company to recognize the hazards that exist and permanently correct them for everyone's safety, or else serious physical harm or death may occur.

If you have been injured in a Vermont work accident, call a skilled Vermont workers' compensation lawyer at the Law Office of Charles Powell at 877-295-7773 for a free, no-obligation consultation. You may be entitled to financial compensation for your injuries.