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Workers' Compensation

• National Grid Works with Vermont High School to Avoid Injuries
  Jan 19, 2012

  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
  Jan 18, 2012

  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

• Employees at Ski Resorts Are No Exception to Workplace Safety in Vermont
  Jan 03, 2012

  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.

   

   

• Field Workers at Risk of Animal Injuries On-the-Job in Vermont
  Jan 02, 2012

  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.
  

• Vermont Wind Turbine Elevators Not Subject to State Inspections
  Dec 20, 2011

  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
  Dec 07, 2011

  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
  Dec 06, 2011

  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
  Dec 03, 2011

  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.

   

• Traumatic Brain Injuries Suffered at Work in Vermont Can Cause Aggression
  Dec 02, 2011

  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
  Nov 09, 2011

  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.