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

Category: Medical Treatment (Page 10 of 36)

Work Injury for Bus Drivers: L&I Issues a New Warning

In my experience, many bus drivers suffer from upper extremity work injury and occupational disease. That’s very unfortunate. There are many reasons for these types of workplace injury and industrial illness. Think about it. Every bus driver can suffer a work injury when applying force (in the arms) to drive the bus. Or, when performing repetitive arm movements to operate bus functions. On top, other bus driver work injury reasons include miscellaneous activities that relate to bus maintenance.

 

L&I warns about new work injury condition

Everyday work functions are already a reason for concern for bus drivers. If that’s not enough, L&I recently issued new warnings about upper extremity work injury risks. In recent news, the Department of Labor and Industries (L&I) published a bulletin alerting about a recent increase in shoulder injuries for bus drivers. Per L&I, bus drivers for multiple Washington State agencies reported injuries from opening and closing COVID-19 safety shields. Moreover, according to the news bulletin, drivers must repetitively open and close the shields in awkward positions. In fact, they conclude that the poor design of the shields is causing rotator cuff work injury.

 

L&I takes bus driver work injury occurrences very seriously

L&I developed resources to help Washington State workers and agencies avoid these shoulder workplace injuries. Furthermore, L&I recommends the use of automatic shields instead of manual ones. However, this is not a viable option for many bus drivers. To help, L&I wrote a manual to modify the shield to increase work safety and reduce injuries. I hope that workers and employers follow L&I’s recommendations.

 

Interestingly, the full L&I Hazard Alert is available in eleven languages. This hazard alert serves a good reminder for everyone. It’s very important to take safety precautions against COVID-19. More importantly, employers should think whether safety measures pose risks relating to injury at work for their own workers.

L&I Claim Sprain and Strain: Medical Diagnosis Challenges

In L&I claims, it’s sometimes challenging to identify the root cause for certain medical symptoms after a work injury. Many times, doctors write their initial diagnosis as a sprain or strain. It’s easy for them to just label L&I claim sprain in your file. But how does that impact your claim and condition?

 

Soft tissue work injury in L&I claims

We frequently see L&I claim sprain or strain diagnosis in chart notes in soft tissue injuries. These workplace injuries usually resolve quickly without permanent effects. As a result, medical treatment for sprains and strains is fairly basic. It involves rest, stretching, and over the counter pain medicine. It can also involve heat or ice to relieve pain, as well as physical therapy. However, sometimes symptoms do not improve. When this happens, the issue may be more severe. In those cases, providers may begin to consider other diagnoses. The process can involve additional diagnostic studies. It can also include more invasive treatment options such as injections or surgery.

 

In my experience, symptoms in certain areas of the body can be more diagnostically challenging than others. For example, I’ve seen diagnostic challenges happen when a work injury or occupational disease involves the neck or upper extremity nerves. Another area is the low back and hips. It seems that these areas are challenging because the symptoms could come from various sources.

 

Work injury involving neck and upper extremities

Some common upper extremity work injury or workplace disease symptoms involve numbness and tingling. They can also involve pain in the neck or arms with certain work activity or movement. It seems these kinds of symptoms come from some sort of nerve impingement. However, finding the nerves in question can be difficult. It can also be challenging to determine the level of impingement. For example, some swelling or inflammation could be temporarily causing the impingement symptoms.

 

Importantly, nerve impingement can be more permanent or severe if it’s coming from a workplace injury or work disease in the carpal tunnel or cubital tunnel. The same is true for a work injury in the middle or thoracic region of the back, or cervical region of the spine. In fact, the cause for the symptoms can sometimes be impingement in multiple areas. Of course, providers can perform a variety of clinical and diagnostic tests to help determine the origin. Yet, the diagnostic and treatment process can be long and frustrating for work injury claimants.

 

Low back and hips in L&I claim

Another region that can have diagnostic challenges is the low back and hip region. Pain in the low back radiating into a hip or down the leg can come from nerve impingement in the low back (i.e., sciatica). Other reasons can be dysfunction in the sacro-iliac (SI) joint or dysfunction in the hip joint. Additional examples include a tear in a supporting tendon or ligament (such as the labrum).

 

A traumatic work injury or occupational disease might injure or impact both the low back and the hip. In fact, I’ve seen situations where a work injury claimant doesn’t realize their hip is hurting until their back treatment completes successfully (and vice versa). Sadly, it can be very frustrating to undergo treatment to resolve your symptoms, only to have it reveal other symptoms that were not apparent before.

Work Injury for Temporary Workers: New Law and Historic Legislation

The Department of Labor and Industries (L&I) has an ongoing safety research project for temporary workers. The goal of the project is to better understand the high frequency of their work injury incidents.

 

Work injury research project for temporary workers

L&I is working hard to better assess temporary employment injury risk factors. To achieve this goal, L&I is focusing its efforts on:

  1. Measuring the magnitude and incidence of workplace injury of temporary workers compared to standard workers in similar jobs;
  2. Interviewing recently temporary and standard workers with recent work injury to obtain relevant information and ideas for safety improvement;
  3. Interviewing temporary agency and business managers; and
  4. Developing education materials to industries and parties involved in temporary worker employment.

Interestingly, L&I learned that the temporary worker workforce has grown significantly since 1990. In fact, many more industries utilize temporary workers. With this increase, there is a similarly significant rise in the occurrence of workplace injuries amongst temporary workers. This includes particularly hazardous industries like construction and manufacturing.

 

Temporary worker workplace injury as major concern

L&I is not alone in its research. The United States Department of Labor – OSHA also studies workplace injury occurrences amongst temporary workers. OSHA is concerned that some employers may use temporary workers to avoid meeting safety compliance and protection obligations under the OSH Act. According to OSHA, temporary workers are put in a variety of jobs, including very hazardous ones. These temporary workers are more vulnerable to workplace injury. On top, employers often do not give them adequate safety and health training. Specifically, according to OSHA, both employers and temporary staffing agencies are responsible for these failures. Therefore, OSHA mandates that both employers and temporary staffing companies meet safety and health obligations for temporary employees.

 

Temporary worker protection in Washington State

The State of Washington recently took a big step to improve protections for temporary workers in our State. Based in part on L&I research and with legislative, business, and temporary staffing agency collaboration, the Governor recently signed SHB 1206. This new law was sponsored by former Washington State Association for Justice (WSAJ) Director, Liz Berry.

 

The law goes into effect July 25, 2021 and creates new protections for temporary workers. Specifically, it mandates increased communication between temporary staffing agencies and employers regarding safety and training. It also mandates that employers provide safety training to temporary workers. In addition, it requires documentation and record keeping regarding safety inquiries and training. Finally, it forces employers to be transparent about hazards and safety training.

 

New historic legislation

Based upon my research, this new law affords more protections for temporary workers than in any other state. In fact, many are hopeful that this law will serve as a blueprint for other states to enact similar protections. Hopefully, the adoption of this law will dramatically reduce the occurrence of work injuries among temporary workers. Congratulations to representative Liz Berry, to the Temp Worker Justice organization, to L&I, and to the State of Washington for enacting this historic legislation. To quote Representative Berry:

All Washington workers deserve to be safe at work. This bill will literally save lives and limbs.

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