Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Category: LNI News (Page 20 of 22)

Work Injury Among Farm Workers Resulted in Over 1400 L&I Claims in 2018

According to data collected by the Department of Labor and Industries for state funded claims, professions with high occurrences of work injuries and occupational diseases include: Auto mechanics, carpenters, combined food preparation workers, construction craft laborers, restaurant cooks, dental assistants, electricians, farm workers and laborers, and linemen.

 

Having represented injured workers for so long, I was not surprised by this data. However, what did surprise me is that the single highest instance of work injury or disease was for farm workers and involved floors, walkways, and ground surfaces with over 1400 claims filed in 2018 and total incurred claim costs of over eight million dollars. The reason this surprised me is because it does not seem like farm workers make up a large percentage of the workers I represent considering how common injuries are in that field. As a result, I decided to look a little deeper at farm worker injuries and safety.

 

According to the CDC, agriculture ranks among the most hazardous industries, with a very high risk of both fatal and non-fatal injuries. Tractor overturns were the leading cause of farm worker deaths in 2016. Nationally over 243 farm workers suffer a serious lost-work-time injury at work every day and according to OSHA injury hazards also include heat exposures, falls, musculoskeletal injuries, hazardous equipment, grain bins, unsanitary conditions, pesticides and many others outlined in a detailed agricultural operations table.

 

Locally, the Washington Growers League was awarded a little over $98,000 grant to produce a safety video in multiple languages addressing farm work safety in areas such as hazardous chemical communication, safe lifting, field sanitation, food safety sanitation standards, and heat related illnesses. In fact the Washington Growers League website appears to be full of farm worker safety information, but you have to be a member to access most of the information.

 

That being said, the website does offer a link to order one free copy of the Job Safety Basis for Agricultural Workers DVD and a 2016 YouTube safety video. With such a high prevalence of work related injuries, it is reassuring to see that efforts are being made to increase safety for farm workers.

L&I Threatening to Close Injured Workers’ Claims

If you follow my updates on Workers’ Compensation issues in Washington State, you know that over the past two months I’ve written several posts outlining some of the difficulties injured workers face when trying to obtain new attending physicians within the Medical Provider Network (MPN). To recap, I find it incredibly problematic that injured workers, especially those with older or more complex claims, have extreme difficulty finding MPN providers willing to become attending physicians.

 

This week my feelings regarding this issue have progressed from frustration to outrage. The reason for my outrage has to do with RCW 51.32.110 and WAC 296-14-410. Under these laws, injured workers who are deemed to be non-cooperative may have their claims suspended and benefits stopped. Non-cooperation is when an injured worker and/or their representative obstructs or delays the progress of the claim. RCW 51.32.110(2) specifically identifies behavior that is considered non-cooperative: (a) refusing to submit or obstructing medical examination, (b) persisting in unsanitary or injurious practices which tend to imperil or retard recovery, or (c) refusing to submit to medical or surgical treatment reasonably essential recovery or refusing or obstructing evaluation or examination for the purpose of vocational rehabilitation or not cooperating in reasonable vocational rehabilitation efforts.

 

Nowhere in the statue does it indicate an injured worker should be considered non-cooperative, have their claim suspended, and their benefits stopped because they cannot find a willing attending physician. Yet, in two separate cases involving injured workers I represent, this week the Department of Labor and Industries (L&I) has sent letters threatening to find the injured workers non-cooperative because they cannot find willing attending physicians.

 

This kind of punitive behavior on behalf of L&I is a travesty and an injustice to injured workers. The Department of Labor and Industries should be ashamed this kind of claims management practice exists. I will certainly be addressing the inappropriateness of this practice under the Industrial Insurance Act.

Everyone Deserves Justice…

This week I met with a prospective new client who was at an emotional breaking point. Her L&I workers compensation claim for benefits was rejected, but she has a significant medical condition and currently cannot work. Because her appeal of claim denial was already before the Board of Industrial Insurance Appeals, she had consulted with a number of attorneys that declined to get involved. She had an upcoming conference, and the Judge had given her an ultimatum to either obtain representation or prepare to present her case pro se. Or in plain English, to represent herself.

 

It was impossible for me to make any informed recommendations and I really don’t know whether there is a medical basis for the allowance of her claim. This is a very difficult spot for me to be in, because unlike many other cases, it is difficult to apply proper judgement. However, when I told her I’d come on board to help satisfy the ultimatum and conduct some discovery in order to better advise her about her chances of prevailing, she broke into tears.

 

It made me realize that she truly had no support network and that I was her last hope for getting some help to navigate this situation. She had no one to help. Can you believe that? How can we foster better support networks for injured workers or disabled people, and how do we promote better access to justice?

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