The Causes of Workplace Hearing Loss 

Workplace hearing loss is the result of continuous exposure to noise that exceeds the exposure standards for sound. OSHA has two criteria for noise limits in the workplace:

• Permissible exposure is 90dBA (units of sound pressure levels (decibels) and the perception of loudness by the human ear) for all workers during an eight-hour workday; and
• When the noise level is increased by five dBA, the amount of time a person can be exposed to that noise level is cut in half.

A boiler room has a dBA of 90. Normal conversation has a dBA of 60, a construction site has a dBA of 100, and a jet taking off has a dBA of 130. The human ear’s threshold of pain is 140 dBA.

While OSHA has a permissible exposure of 90 dBA, it recommends that all workplaces keep their sound levels at right around 85 dBA to reduce risk of work-related hearing loss incidences.

Though there are several causes of workplace hearing loss, the most common include noise created by:

• Mechanical impact;
• High-velocity fluid or air flow;
• Vibrating surfaces of equipment or a plant;
• Vibrating surfaces of the product being manufactured; and
• Chainsaw, sandblaster, hydraulic press, or pneumatic drill.

Characteristics of Work-Related Hearing Loss 

Work-related hearing loss—or “Noise Induced Hearing Loss,” as it is scientifically known—is difficult to recognize at first if only because it is gradual. NIHL takes years and ongoing exposure to develop. However, that is not always the case. Exposure to higher decibels can cause hearing loss to develop sooner, and exposure to certain decibels can cause it to develop right away. Damage CAN happen early on in a person’s career, though that is rarely the case. NIHL can be painful, but it typically is not. That said, if you suspect that you suffer from NIHL, there are a few common signs for which you can watch:

• Speaker louder than normal in conversation;
• Straining to hear;
• Constantly asking what other people said;
• Misunderstanding what is being said, especially in noisy locations;
• Thinking that people always mumble;
• Favoring one ear over the other;
• Withdrawing from social contact;
• Having difficulty hearing on the phone;
• Turning the television up louder than usual; or
• Ringing or buzzing in one or both ears.

What’s Next? 

With early detection and proper management, you can slow the rate at which hearing loss occurs and even protect against further hearing loss. However, even slight hearing loss can be an impairment on one’s life and relationships. If your hearing loss is significant enough to disrupt your daily life, you may be entitled to workers’ compensation. The Tampa workers’ compensation lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian are available to answer any questions you have regarding your condition and your rights and, if we deem it appropriate, take the first steps toward filing a claim. Call our office today to schedule your free consultation.

Resources:

cdc.gov/mmwr/volumes/65/wr/mm6515a2.htm

osha.gov/SLTC/noisehearingconservation/

Fatal Occupational Injuries 

Studies indicate that roughly 5,000 individuals experience fatal injuries in the workplace every year in this country, with about 20 percent of those injuries involving Latino or Hispanic workers. Another group of workers disproportionately affected: workers over the age of 65.

The injuries that lead to death cross multiple industries, with key occupations taking the lead in fatalities:

• Jobs involving roadway incidents comprise a quarter of occupational fatalities;
• Tractor-trailer truck drivers and heavy equipment drivers experience the most fatalities of any other industry;
• 25 percent of workplace fatalities occur in private construction;
• Private gas and oil extraction industries experience a high level of fatal accidents;
• Logging and fishing workers have higher than normal risk;
• Roofers experience a high number of incidents;
• Steel workers have high exposure to risk;
• Persons who work with electricity face unique dangers.

Incidents that are Fatal 

The types of accidents that take lives vary, but six specific incidents take precedence when it comes to fatalities:

• Transportation accidents;
• Trips, slips and falls;
• Unsafe contact with machinery or equipment;
• Workplace violence by people and/or animals;
• Exposure to toxic substances;
• Explosions, fires and electrocutions.

Workplace Fatalities in Florida 

Unfortunately for Floridians, the chances of dying on the job are going up in this state. While the national fatality rate is in decline, the rate in Florida has seen a steady increase over the past couple of years. Recent deaths have devastated families:

• Bruce Stevenson Jr. was crushed by a stack of heavy plates that came crashing down from a wobbly forklift;
• Marvin Franklin was killed when a dump truck backed over him on a road construction site;
• Leopoldo Buenaventura was electrocuted when he fell into animatronics equipment in Orlando;
• Larry Howard Brower fell backwards off of a tractor-trailer and struck his head on the asphalt.

Causes of Fatal Workplace Incidents 

Employers have a responsibility to ensure a safe workplace. What leads to accidents and fatalities? A number of factors impact safety outcomes:

• Worker fatigue;
• Anxiety that may lead to distractions;
• Slips or trips involving spilled liquids, errant cords, poor lighting, unsafe railings;
• Hazardous materials that are improperly stored, or that workers are ill-equipped to deal with;
• Falls when workers are not properly tied off, or from faulty ladders or scaffolding;
• Violence, when former employees have a vendetta or tempers flare on the job and weapons come out.

Following a Fatality 

If you are grieving the loss of a loved one due to a workplace accident, you likely have many questions about what happened, and who is to blame. At Barbas, Nunez, Sanders, Butler & Hovsepian, we pride ourselves on our investigative prowess and attention to detail. Our experienced legal team will ensure that you receive the compensation you deserve if negligence or purposeful actions resulted in an untimely death. Contact us in Tampa for a free, confidential consultation today.

Resource:

bls.gov/news.release/pdf/cfoi.pdf

If you find yourself flummoxed by the paperwork and red tape associated with your workers’ compensation case, a good attorney schooled in the complexities of workers’ compensation law can help.

You are Entitled to Reemployment Services 

Many individuals do not realize that, beyond medical treatment for specific medical issues, the Florida Division of Workers’ Compensation (FDWC) is obligated to assist injured workers with access to employment. In the event an injury prevents one from returning to a job previously enjoyed by a worker, FDWC contracts with professional rehabilitation services in order to assist in finding other appropriate work:

• One food services worker who experienced a shoulder injury and was unable to return to her previous position was provided training in order to secure a job in human resources;
• A worker who suffered a herniated disc due to the demands of his job was unable to return to a job requiring substantial physical labor. He was provided training in electronic technology, and obtained a position earning comparable wages to his previous position.

Exactly What Services are Available? 

Eligible individuals may have access to a variety of services, including:

• Vocational counseling;
• Vocational training;
• Transferable skills analysis;
• Resume writing;
• Training in job seeking skills;
• Selective job placement;
• Additional education and training as needed.

Who is Eligible for these Services? 

Workers who have experienced a compensable injury that is covered under Florida Workers’ Compensation are eligible for these services, as long as the injury they experienced occurred after October of 1989, they are legally entitled to work in the USA, and they file the “Request for Screening” documentation within one year of the last medical treatment or wage indemnity related to the injury.

Why Work at all? 

An active, engaging life can help individuals get better faster. The mental, emotional and physical benefits of work are undeniable:

• Mental acuity may be positively impacted;
• Friendships and social interactions may improve mood and outlook;
• Income and benefits over time may increase;
• Work can lend to a sense of independence, pride and wellbeing.

Will Workers’ Compensation Benefits go Away if I Work? 

The short answer is no. You can still be reimbursed for medications and other items your doctor may prescribe, and you may even be reimbursed for travel costs to and from treatment. In the event you are employed at a lower pay rate than what you previously earned, you may receive a reduced earnings benefit. If you lose time on the job due to your injury, you may be able to collect benefits due to “Intermittent Lost Time.” The FDWC board will require documentation in order to process requests for any of these circumstances.

An Attorney can Help 

When dealing with workers’ compensation, you are dealing with a huge, unwieldy bureaucracy. Don’t be intimidated by the forms, deadlines and requirements. Instead, let the experienced workers’ compensation team at Barbas, Nunez, Sanders, Butler & Hovsepian in Tampa & St. Petersburg help. Contact us today for a free, confidential consultation.

Resources:

myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Brochures/WC-Reemployment-brochure.pdf

myfloridacfo.com/division/wc/employee/reemployment.htm#.WR8ONhQ4mCQ

Prevention is Key

There are many important, yet simple steps employers should take to ensure a burn-free workplace:

• Keep areas tidy. Trash and oily rags can be a hazard when scattered about;
• Have procedures in place for moving heated liquids; be certain they are properly covered and won’t slosh over the top;
• Keep flammable items away from open flames and sparks;
• Insist on using protective gear, including face fields, heat resistant glove, aprons and footwear;
• In kitchens, keep pot handles turned inward, avoid steam burns and scalds from hot water, and avoid splashing hot oil, sauces, or water;
• Label hot equipment and surfaces, ensuring employees are cognizant of hazards;
• Keep electrical equipment and wires in good working condition;
• Maintain separate storage and handling procedures for chemicals;
• Have procedures in place to deal with equipment malfunctions and reporting mechanisms.

Initial Burn Treatment

Few things are more frightening and painful than a burn injury. In the event a burn occurs, fast, effective treatment is essential, and is often followed by a lengthy recovery process. It is important to know first steps to dealing with burn victims. Appropriate care in the first hours and days following a burn can have a big impact on future healing.

Thermal Burns

The most common type of burn, these are caused by contact with heat. Immediate treatment includes the following:

• Make an initial assessment as to the state of the patient. Check breathing, circulation, and pulse;
• Check for associated injuries;
• Cool the burn with clear water, but not ice or refrigerated water;
• Remove jewelry or clothing from the affected area;
• Cover the patient to prevent hypothermia.
  

Chemical Burns

• Brush away any powder residue;
• Flush chemicals with clear water for at least 20 to 30 minutes;
• When the eyes are impacted, continuous flushing must occur for up to eight hours.

Electrical Burns

• If the patient is unconscious, work to stabilize and get immediate professional help.
• Make sure dangerous conditions no longer exist as rescue workers enter the scene.
  

In the Aftermath of a Burn

The days, weeks and months following a burn may be filled with stresses related to the injury, as well as to the financial impact of serious medical bills and time away from work. Rely on the experienced legal team at Barbas, Nunez, Sanders, Butler & Hovsepian to ensure you get the settlement you need and deserve. Contact our Tampa or St. Petersburg office today for a free, confidential consultation today.

Resource:

amtrustgroup.com/AmTrust/media/AmTrust/Documents/Claims/Burn-Safety-Grocery-Safety-Zone.pdf

When employers create certified drug-free workplaces, there are plenty of benefits to go around. Employers enjoy maximized levels of productivity, greater competitiveness, and fewer work accidents related to impaired employees. Employees work in safer environments and enjoy the pride of consistent productivity. Consider the statistics:

• The impact of substance abused in the workplace amounts to over $100 billion per annum in this country;
• 500 million workdays are lost due to alcoholism every year;
• 25 percent of violent workplace incidents are related to drugs and/or alcohol;
• GM reports the average number of sick days used are 4.5, compared to 40 for drug-using employees each year.

When comprehensive workplace programs address substance abuse, employers have found astounding results:

• Absenteeism decreased by up to 91 percent;
• Problems with supervisors decreased by 88 percent;
• Workplace mistakes decreased by 93 percent;
• On-the-job injuries decreased by 97 percent.

How Can my Business Become a Workers’ Compensation Drug-Free Workplace?

1990 legislation in Florida outlines the criteria for ensuring a drug-free workplace:

• Notify employees of the drug-free policy, including prohibition statement, types of testing requirements, and employer actions following a positive test;
• Establish a testing protocol using a licensed laboratory in Florida;
• Use a certified medical review officer (MRO) who must:
  • Communicate positive result information with employees;
  • Discuss plausible explanations for positive results (such as prescription medications) and report the test as negative in such circumstances;
• Maintain confidentiality;
• Provide information as to the types of drugs for which employees will be tested;
• Coordinate policies with collective bargaining contracts;
• Describe sanctions for employees who refuse to submit to drug testing;
• Provide information related to Employee Assistance Programs in the area.

The Whens and Whos of Testing

Testing of all final candidates prior to employment is required, as well as for any employee for whom there is reasonable suspicion of drug use. That would include employees who have been observed using drugs or alcohol, or who exhibit symptoms of such, and employees who exhibit abnormal behavior or startling deterioration in job performance. Furthermore, if a credible source reports that an employee has drug involvement, or if there is evidence of tampering with a drug test, that employee should undergo further testing. Finally, employees involved in accidents should be tested.

Random testing of employees is optional.

Rights and Responsibilities

Starting up a drug free workplace program has very specific requirements. Additionally, protection of employee rights is paramount. Providing an employee education program, giving employees the opportunity to contest or appeal the results, maintaining proper chain-of custody, are all essential facets of conducting a fair and legal program that is successful. Having a legal team practiced in these matters can help to prevent challenges to your program down the road. To ensure your drug-free workplace program is properly developed, contact the experienced team at Barbas, Nuñez, Sanders, Butler & Hovsepian in Tampa today.

Resources:

secure.fldfs.com/wcapps/claims_research/Stats_Results.asp

myfloridacfo.com/division/wc/pdf/DFWPman.pdf

Carpal Tunnel Syndrome

Perhaps diagnosed more frequently than any other nerve disorder, carpal tunnel syndrome has been identified in millions of Americans today. Seen more often in women than in men, carpal tunnel syndrome (CTS) is a musculoskeletal disorder that occurs when the median nerve is compressed in the carpal tunnel canal. The result may be aching, tingling, or numbness and burning of the hand or fingers. Ultimately, sufferers experience difficulty with strength and grip in the hand.

Cause and Effect: The Workplace and Carpal Tunnel

OSHA acknowledges that repetitive motion may lead to carpal tunnel syndrome, and provides employers with recommendations to assist in decreasing the work-related incidences of this condition.

The National Institute of Health instructs that workplace conditioning – or the lack thereof– may impact the development of carpal tunnel syndrome. Simple stretching exercises, fingerless gloves, regular and frequent breaks, and wrist splints may all have a positive impact on wrist health. The NIH suggests that rotating job responsibilities, encouraging proper posture, and training in ergonomics may all benefit employees at risk for carpal tunnel syndrome.

Many employers fail to take advantage of such interventions on behalf of employees, and even when they do, workers required to engage in repetitive motion may still experience carpal tunnel syndrome at some point in their careers.

Your Workers’ Compensation Claim

Florida law provides for two years from the time of your diagnosis to file a workers’ compensation claim. At that point, workers’ compensation, your employer’s insurance against workplace injury, has an obligation to pay for adequate medical care and financial support while you recover.

Now What?

Have you been diagnosed with carpal tunnel syndrome? Do you believe your work-related activities are responsible for your condition? If so, it is best if you file a worker’s compensation claim before seeking medical treatment for your condition.

If you have concerns about your workers’ compensation claim, or about your employer’s response to your claim, you are not alone. The experienced, dedicated workers’ compensation lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian have fought these battles before, and they can help you with the mountains of paperwork and legal maneuvering involved in the pursuit of a financial remedy for your medical difficulties.

Get the remuneration you deserve after your workplace injury. Contact our Tampa office today for a confidential consultation.