Category: Medical Treatment (Page 34 of 36)

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.

Work Injuries in the Hospitality Industry

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Nearly one million people are employed as maids and housekeepers at hotels, motor hotels, resort hotels and motels, according to the National Institute for Occupational Safety and Health (NIOSH) and the Bureau of Labor Statistics (BLS). Approximately 89% of housekeepers are female and self-identify with an ethnic minority group. About 44% are Hispanic or Latina and 22% are another minority.

Context and background

As part of their daily work routines, these individuals make beds, restock linens, dust, vacuum and perform a multitude of other cleaning activities in guest rooms and throughout the facility. Very high proportions (77-91%) of housekeepers self-report experiencing pain in areas including the low back, upper back, and shoulders, which they attribute to work activities. In fact, in 2010, housekeepers had the highest reporting rate of all workers for overall injuries resulting in significant annual claims costs.

Medical conditions

According to the National Occupational Research Agenda (NORA) workplace hazards for maids and housekeepers may include: musculoskeletal disorders from bending, pushing carts and making beds; traumatic injuries from slips, trips and falls; respiratory illnesses from cleaning products that contain substances such as irritants and bleaches; skin reactions from detergents and latex; and infectious diseases from agents such as biological wasted and bloodborne pathogens found on broken glass and uncapped needles.

On its Hotel-Motel Industry Safety & Health – Custodial Housekeeping and Janitorial Cleaning page, the Washington State Department of Labor and Industries (L&I) recognizes similar hazard exposures including: awkward postures and lifting, chemicals, slops and trips, and sprains and strains. L&I also has several informational videos regarding the known dangers and hazards in the housekeeping industry. This includes a training video that addresses a number of topics such as safety and cleaning procedures, back injury prevention and chemical safety.

Summary

Workers in this injury laden industry are often minorities (as noted above) and are often paid minimum wages. It is also a difficult job to modify to light duty and many of the workers in this profession don’t possess education or skills for other less strenuous work. Therefore, when disabling injuries occur, these workers often face devastating circumstances due to their inability to work. Likely due to the industry wide costs associated with administering these claims, workers in this industry (especially those working for larger chains) also tend to face aggressive claim management from third party administrators. As a result, it is not uncommon for workers in this industry to seek legal guidance and representation, even when they realistically cannot afford the associated attorneys’ fees.

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The First Wealth is Health for Injured Workers

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Tonight on my way home from work I passed by a local chiropractic office and noticed their signboard reads:

“The First Wealth is Health”

While the sign didn’t acknowledge the author, if I’m not mistaken it was written by Ralph Waldo Emerson and is a phrase that has been widely discussed and debated since it was first penned.

Based upon my day to day experiences as an attorney representing injured workers in their workers’ compensation claims, I’m struck by how accurate the statement really is. I believe that our health is something we often take for granted, forgetting just how precious of a resource it is. Every single day I’m reminded of the profound loss people experience when their health fails them.

It isn’t uncommon within workers’ compensation for injured workers to be put in the position of accepting a monetary figure designed to compensate them for the loss of their health. More frequently than not, they are disappointed and frustrated with the monetary benefits they receive. I believe that’s because it’s nearly impossible to put a realistic monetary value on heath, because our health really is our first wealth.