Slidell Workers' Compensation Law Blog

Certain accidents that occur while engaged in work-related activities can be serious. Catastrophic injury or death can be the result in the worst-case scenarios. Fortunately, however, the vast majority of claims filed under Louisiana workers' compensation laws involve less severe accidents or no accident at all. Isolated incidents or recurring, repetitive movement can lead to workers' injuries as well.

The workers' compensation system was established to remove fault as an issue in resolving injury claims by workers against their employers. Liability is not an issue as long as the injury is work-related and the employer and employee are covered under the relevant state workers' comp statutes. The injured worker could potentially recover for medical expenses and treatment, lost wages and rehabilitation services where appropriate. Most claims result from everyday activities performed routinely on the job.

An audit report from the Department of Labor's Office of Inspector General states that OSHA may be underreporting severe and fatal workplace injuries by 50 percent or more. Employees in Louisiana may know that OSHA made changes to its injury and illness recordkeeping rule, which went into effect back in January 2015. Despite these changes, OSHA is inconsistent in issuing citations against employers who report an injury late, the OIG continues.

The report, which was released on Sept. 13, also calls attention to a lack of guidance and training among OSHA staff members when it comes to detecting and identifying underreporting. It points out that OSHA has limited assurance that employers have corrected hazards and that this could be due to OSHA not having enough information to aid in enforcement and compliance assistance.

In July 2018, the Guardian launched an investigation into claims of adverse conditions at Amazon warehouses. There have been multiple claims from former employees that they were treated improperly by management after getting hurt on the job. Many of these workers, some of whom could be in Louisiana, may be left without injury benefits.

Amazon currently runs more than 140 fulfillment centers across the U.S., and it employs over 560,000 people worldwide. A spokesperson insists that the company's employee safety is a top priority, but former employees tell a different story. Some report that Amazon warehouse conditions left them excessively fatigued and exhausted and that they chose to quit rather than put themselves at risk for an accident.

Louisiana workers whose duties might expose them to crystalline silica dust should expect their employers to comply with the new safety standards developed by the Occupational Safety and Health Administration. The agency had delayed full enforcement of the rules meant to prevent unhealthy exposures to respirable dust until July 23 for companies showing a good faith effort to comply with regulations. With full enforcement now in effect, employers will need to offer their workers medical surveillance under certain circumstances to detect silica disease early.

Employers must provide medical evaluations at no cost to employees when silica dust exceeds permissible levels for 30 or more days during a 12-month period. The 30 days do not have to be consecutive. Dust exposure that occurred while working with a previous employer will not carry over to count toward the 30 days with a current employer.