MOST CONSTRUCTION WORKERS WHO SUFFER FATAL WORKPLACE INJURIES ARE LATINO

Fox News reports that New York City Latino construction workers disproportionately die on the job.  According to Fox, "From 2003 to 2011, three-fourths of construction workers who die were either U.S.-born Latinos or immigrants, according to a review of all of the fatal falls on the job investigated by the Occupational Safety and Health Administration."  Consumer safety advocates in a study by the New York State Trial Lawyers Association cited safety violations on the job sites run by smaller, non‑union contractors and an unwillingness by some undocumented workers to report violations as the main reason for the high number of deaths among Latino workers. 

 

It is not clear if Latino construction workers disproportionately die in construction accidents in Philadelphia, but there is no reason to think that the same results would apply from an analysis of Philadelphia construction worker injuries. 

 

           

The Phony Light or Sedentary Job

Some employees make the mistake of failing to follow through in an offer of light or sedentary employment from their employer. If they fail to show up and find out what the job is all about, they will have no way to prove that the job was inconsistent with their medical restrictions or otherwise is in violation of the law. Invariably in those cases an employer witness will testify to a Workers' Compensation Judge that they would have accommodated whatever restrictions the employee had. Accordingly, except under the rarest of circumstances, an employee should make a good-faith attempt to follow through on any offers of employment.

TAKING MONEY FROM YOUR POCKET

Under Pennsylvania Law, an employer is entitled to a credit equal to 50% of any old age benefits against workers’ compensation benefits the employee receives.  If the employee was collecting old age benefits before the work injury occurred, the employer is not entitled to a credit.  This credit does not apply to social security disability benefits.

For example, if an employee receives $2,200.00 per month in workers’ compensation benefits and $1,100.00 per month in social security retirement benefits (old age benefits), the insurance company would be obligated to pay only $1,650.00 monthly. ($2,200-$1,100/2=$1,650.00)

In Caputo v. WCAB, an injured worker challenged this position, arguing that it was a violation of the Pennsylvania Constitution. The Court rejected the employee’s challenge. 

Bottom line:  Employers are entitled to reduce payments of workers’ compensation benefits by 50% of social security retirement benefits the injured worker receives.

KIDS WILL HAVE TO WATCH WHAT THEY SAY ON SCHOOL BUSES

Governor Tom Corbett recently signed legislation allowing audio recording devices to be used on school buses, and many districts are currently using these devices for disciplinary and security purposes. 

School officials explain that with the cramming of students in the small spaces of a bus, it is difficult if not impossible to investigate incidents, some of which are violent. 

The issue first arose in 2006 after state police discovered audio recording equipment on the school bus while they were investigating a complaint of overcrowding.  Eight years later, a law that exempts school buses from the state wiretapping laws. Though some have expressed concerns about privacy, the use of these devices has wide support.

The Most Risky Jobs in the United States - Day Ten

With a fatality rate of 17.4, construction laborers are our nation’s 10^th most dangerous occupation.  They are subject to electrical hazards, cave-ins, and falling objections, and perform heavy labor in all kinds of weather. 

The biggest risk is falls.  More than 250 construction workers a year are killed by them, according to the Laborers Health and Safety Fund of North America.

In road construction, a major cause of death is getting struck by cars or construction vehicles.  In loading dump trucks for example, drivers cannot see where they’re backing up.

AMERICA’S MOST DANGEROUS JOBS - DAY 9

With a fatality rate of 21.3 per 100,000 workers, farmers and ranchers have the ninth most dangerous occupation.

Over half the fatalities on farms stem from tractor accidents, according to the National Institute of Occupational Safety and Health.  On ranches, all-terrain vehicle accidents are the most likely to kill workers.

Technical advances, including rollover protection for tractors, have reduced fatalities in the last few decades.  Nonetheless, farming and ranching remains a very dangerous occupation.

AMERICA’S MOST UNSAFE JOBS DAY 8

With a fatality rate of 22.1 per 100,000 workers, trucking is our nation’s eighth most dangerous job.

Drivers face tremendous pressure to get the freight delivered on time, maximizing the potential for dangerous truck accidents.  Despite rules requiring rest stops, many drivers are greatly fatigued.  Forty-eight percent of truckers report falling asleep at the wheel at least once in the previous 12 months, according to the Federal Motor Carrier Safety Administration.

According to Henry Jasnay Vice President of Advocates for Highway and Auto Safety, rest stops of 30 minutes are required after eight hours of driving but are insufficient to rest drivers, who often feel just as tired as before their 30-minute break.

Many truckers falsify log books to show enforcement officers that they’ve complied with the rules.

A new danger is that heavy rigs travel on narrow, rural two-laners to supply fracking sites.  These roads were never engineered to handle large trucks