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It’s better, ultimately, to face your fears. Perhaps you’ve been injured at work but are reluctant to pursue a workers’ compensation claim because you fear your employer may hold it against you. If you are facing that situation, keep in mind that the employer is not legally allowed to do that. To be sure, sometimes employers violate the law and fire employees for exercising the right to obtain workers’ compensation after an injury or illness suffered on the job. Keep in mind, however, that if that happens, an employee can fight back not only with a workers’ comp claim, but with other legal actions as well. Maryland workers can therefore take heart from a current case in Washington State. The case involves employees asserting their rights despite egregious employer misconduct. Nine employees of a gun range became ill from lead poisoning after their employer made them sift through tons of soil contaminated with lead and other toxic substances. When the employees filed workers’ compensation claims and reported safety concerns to government regulators, the employer fired them. If the gun range owner thought the firings would end the matter, he was greatly mistaken. The employees have brought a lawsuit arguing that they were fired for retaliation for filing valid workers’ compensation claims and brining legitimate concerns about safety to appropriate government authorities. The damages they are seeking go well beyond workers’ compensation to include damages for retaliatory discharge under relevant labor laws. According to the employees, the employer did not only expose them to toxic chemicals without proper training or protective gear. The employers also committed glaring falsehoods by claiming that public agencies such as OSHA had approved the lead remediation project at the gun range. No such approval had actually been given. Source: “Fired for Getting Lead Poisoning, Nine Say,” Courthouse News, June Williams, 2-14-13

Autumn has (finally) arrived, with cooler temperatures. But the brutal heat of the summer has scarcely been forgotten – especially for the family of a man killed on the job in a heat-related incident last summer in Washington, D.C. The man worked for a paving company based in Clarksburg, Maryland. He was paving a parking lot in June when he suffered heat stress. The man died after being taken to a hospital. The Baltimore / Washington office of the Occupational Safety and Health Administration has proposed $6,900 in fines against the company. The fines are for what OSHA alleges was a serious violation of the agency’s “general duty” clause. That clause imposes a duty on employers to take reasonable steps to safeguard the health and safety of employees. The acting director of OSHA’s Baltimore / Washington office, Robert Szymanski, argues that the case should remind employers of how important it is to protect workers from heat-related harm. “This tragedy underscores the need for employers to ensure that workers have frequent access to water, rest, and shade to prevent heat illness and injuries during the hot summer months, and also why it is important that workers are trained to recognize and respond to the signs of heat-related illness,” Szymanski said. On the work site in question, employees’ duties involved pouring hot asphalt under an unfiltered sun. Yet the company did not have an established work / rest schedule set up. The company also failed to train employees in how to recognize indications of heat-related health problems. Further, the company did not make sure employees drank enough water. It also failed to report the fatality to OSHA in a timely manner. Source: “ OSHA Cites Paving Company in Heat Fatality,” OHSonline, 10-10-12 Our firm handles situations similar to those discussed in this post. To learn more about our practice, please visit our Maryland workers’ compensation page.

The Maryland Occupational Safety and Health agency (MOSH) is investigating a fatal accident that occurred at a Maryland construction site. It is the second serious accident at the site so far this summer. In this latest tragedy, a 27-year-old construction worker died and another 25-year-old worker was seriously injured. The construction site accident occurred when a pre-cast concrete wall collapsed at construction project at the Arundel Mills mall. The construction company is in the process of building a nearly 5,000-machine slots parlor and entertainment complex called Maryland Live! Casino. In addition to slot machines, the complex is expected to house dining venues as well as entertainment. In the first accident, which occurred in early July, a piece of concrete fell on the leg and foot of a construction worker. This time, a 30-by-40 foot wall collapsed unexpectedly. One construction worker was inside of a bucket lift when the wall collapsed and he became trapped in the wreckage. Unfortunately, rescue workers were delayed in their attempt to reach him because of the intense heat and humidity. He did not survive the accident. The injured 25-year-old man was taken to Maryland Shock Trauma Center with life-threatening injuries. Thankfully, his condition has been upgraded from critical to fair, and it appears that his life is no longer in danger. The casino is expected to open by the end of 2012. The company says it does not expect a delay in the construction schedule as a result of the recent accident. Hopefully, the MOSH investigation will shed some light as to why the 25-ton wall suddenly collapsed. If MOSH finds that the construction company did not follow prescribed safety requirements, then it can be cited for the dangerous conditions on its construction site. If such is the case, hopefully further such serious injuries at the construction site can be prevented. Source: The Baltimore Sun, “ One dead, one injured at Arundel Mills slots construction site,” Nicole Fuller and Liz F. Kay, July 29, 2011.

Police are investigating the death of a Hampstead, Maryland, man after the forklift he was operating crashed into a shelving unit. The Maryland workplace accident happened at the Random House Publishing warehouse in Westminster while the man was moving books stacked on pallets. Area fire and rescue units responding to the accident scene worked to free the man who was wedged between the shelving unit and the forklift. Attempts to revive the injured worker were unsuccessful. News of the worker’s death has traveled through the various Random House Publishing offices and warehouses around the country, bringing a flood of sympathy notes for the worker’s family. Maryland state law requires that any death in which a physician is not present as a witness is automatically investigated by police. The body was transported to the State Medical Examiner’s office for autopsy. The accident continues to be under investigation by the Carroll County Maryland Sheriff Department. The Maryland office of the Occupational Safety and Health Organization (OSHA) is launching a separate inquiry into the fatality. The 44-year-old man had been employed at the Westminster Random House facility for almost two years. Source: WBAL-TV 11 News Baltimore, “Carroll Co. Man Dies In Forklift Accident,” June 1, 2011

Despite improvements in workplace safety, workplace accidents continue to be a serious concern in Maryland and across the country. On average, four million Americans are injured on the job each year and over 500 people are killed in workplace accidents. Lapses in safety and a lack of safe procedures, especially in situations involving heavy equipment and machinery, are among the most common causes of serious injury and death in the workplace. Accidental workplace deaths are almost always preventable. On April 13, a young worker was tragically killed in a workplace accident near Hagerstown, Maryland. He has been identified as a contract worker with the Purina Company. The 25-year-old man died when he fell while he was clearing a machine at Purina Mills. According to the Washington County Sheriff’s office, the man fell into a “feeder line” at the plant, located at 11671 Hopewell Road. Emergency personnel responded to the incident around 4:30 p.m. The Maryland Occupational Safety and Health Division and the sheriff’s department are investigating the accident, according to a sheriff’s office investigator. Purina Mills, a major supplier of pet food, is known for its Purina Puppy Chow and other pet food products. A spokesperson from Purina stated that the cause of this workplace accident is being investigated by the Purina Company as well as authorities. According to the accident victim’s Facebook page, he was the president and CEO of his own firewood company. He was also a student, studying business administration at Kaplan University. Source: PublicOpinionOnline.com, “Mercersburg area man killed at Maryland Purina plant,” 4/14/2011

Unfortunately, Maryland workers who work around heavy equipment and vehicles are especially vulnerable to workplace injuries. Injuries can result from accidents as well as equipment failure. Supervisors and colleagues are now mourning the death of a state worker who lost his life in a tragic workplace accident at the Dundalk Marine Terminal. The man died while attempting to stop a truck that had gone out of control. According to police, the 46-year-old Maryland Environmental Service equipment operator noticed that his truck was rolling backwards after he’d put it in park at around 10:15 a.m. According to a representative from the Maryland Transportation Authority, the man tried to hop into the vehicle to prevent it from rolling. However, he was struck by the truck and killed in the process. The man was pronounced dead at the scene. The Dundalk resident had worked for over seven years for the Maryland Environmental Service, said an agency spokeswoman. He regularly operated various types of heavy machinery, such as trucks for waste containers, Bobcats and backhoes, and he had a valid commercial driver’s license. Employees working at the Maryland Environmental Service were shocked and saddened upon learning of the man’s death. Various employees said that he was highly regarded throughout the agency, and his supervisor described him as a friend and a good man who always finished the job. A spokesperson from the agency said that they conduct safety training sessions on a weekly basis, and that there were no records of other recent workplace fatalities. The spokesperson was waiting to see the police report before making a determination as to whether additional safety training was warranted. Source: Baltimore Sun, “ State worker killed in port accident remembered as dedicated colleague,” Yeganeh June Torbati, 4/13/2011

Workers’ compensation is a system that is designed to compensate workers for workplace injuries. Professional athletes who are injured make the news all the time, but it is not very often that an injury to a professional athlete makes the news because of a workers’ compensation case. However, an injury to an NFL player has recently done just that. Tom Tupa was injured during warm-ups for a Washington Redskins preseason game in 2005. The 18-year NFL veteran injured his lower back and was unable to return to the field for the rest of the season. Additionally, Tupa was also unable to return to the NFL the following season as a result of his injury. According to the Washington Examiner, Tupa filed a Maryland workers’ compensation claim in 2007 in order to receive disability benefits from the Redskins. The state ordered Tupa’s former team to pay for his medical costs and provide him with disability benefits. However, the Redskins did not want to pay Tupa and challenged the ruling. The Redskins challenged the ruling by arguing that the Maryland Workers’ Compensation Commission had no jurisdiction because the team’s practice field is located outside of the state. This month, the Court of Appeals rejected the Redskins’ argument on the basis that Tupa was employed to play in games, which are played in Maryland, and not practices. The court ordered that the Redskins pay Tupa for more than a year of disability benefits, but the exact dollar amount remains unknown. According to USA Today, Tupa earned $1.4 million as the Redskins punter during the 2004 season. Tupa played for seven teams during his nearly 20-year career with the NFL. Currently, Tupa is working as a recreation director for the city of Brecksville, Ohio. Source: NBC, “ Ex-Redskins Punter Wins Disability Benefits,” 3/7/2011

One hundred years ago this week, a fire at the Triangle Shirtwaist textile factory proved to be one of the most devastating industrial accidents in American history. The fire began on March 25, 1911, when textile scraps stored on the factory floor caught fire. Without adequate fire protection and fire escapes, 146 workers, mainly young immigrant women, died in the fire. Newspaper readers were shocked to read accounts of some workers who leapt, holding hands, from the ninth story to certain death in order escape the inferno. As is often the case, great tragedy proved to bring about great change. This accident shocked America’s collective conscience and the Triangle Shirtwaist fire proved to be a catalyst for important changes in workplace safety and helped to lay the foundations for the modern workers’ compensation system we have today. In response to the fire, the New York Factory Investigating Commission launched an investigation into the causes of the fire and recommended more than 30 new labor laws designed to protect workers in mills and factories. Many of these laws were adopted across the country and these laws have formed the backbone of modern safety regulations. Most immediately, state and local governments took a hard look at fire safety. Previously, fire prevention efforts were focused on containing fires and preventing them from spreading from building to building. After the Triangle Shirtwaist fire, more emphasis was placed on helping people inside of burning buildings exit the buildings safely. The fire also established the political climate to enact workers’ compensation laws. Even business leaders were moved by the tragedy and it became increasingly recognized that workers’ compensation payments would have to be a cost of doing business. Since the Triangle Shirtwaist fire, we have seen vast improvement in the way injured workers are treated. Now workers who suffer a workplace injury have the legal right to seek compensation for their pain, suffering, and lost earning capacity. Source: BusinessInsurance.com, “ Triangle Shirtwaist fire brought safety changes,” Judy Greenwald, 3/13/2011

All too often, injured workers seeking compensation are confronted with a confusing workers’ compensation system that they do not understand. The system can become even more frustrating when the employer or the workers’ compensation insurance company plays dirty tricks. The newest variety of dirty tricks involves using an injured worker’s blog, Facebook page and other social media in an attempt to disprove an injury. For attorneys representing workers’ compensation insurers and employers, the internet is a gold mine of information. Attorneys will routinely check major search engines for any information they can get on an adversary. Within the past few years, it has become increasingly common for workers’ compensation insurers and employers to use social networking sites like Facebook and MySpace to investigate a claim. What you post on Facebook can come back to haunt you. When seeking to disprove and injury, employers and workers’ comp insurers can use photos or posts that show a claimant participating in sports and other activities to demonstrate a claimant’s physical activity level. It is important to note that many social networking sites require a friend request to be approved before anyone else can view your information. Ethical rules prohibit attorneys from initiating contact with an opposing party when that person is represented by an attorney. This prohibition applies to any form of contact, including friend requests on social media websites. Even without a friend request, workers’ comp investigators will often attempt to access social media information through the discovery process. With a valid court order, most social networking sites will give up profile information and pictures. If you have questions about a Maryland workers’ compensation claim, an experienced workers’ comp attorney can help. Source: Risk & Insurance, “Social Media Is Becoming a Workers’ Comp Investigative Tool,” 2/14/2011

On December 29, a tragic accident claimed the life of one Rockville, Maryland car wash worker and injured two other employees. The accident occurred as one employee was driving a 1998 Jeep Grand Cherokee out of the washing bays when it suddenly accelerated. The vehicle raced out of control and struck two employees, pinning them beneath the vehicle. The two men were dragged beneath the Jeep until it crashed into a utility pole. They remained pinned until fire and rescue workers could free them. Both men were rushed to Suburban Hospital in Bethesda. One of the struck employees, a 48-year-old Hyattsville man died shortly after reaching the hospital. The other man who was pinned suffered a fractured pelvis and had to be hospitalized. The accident injured a third man, who suffered three broken ribs when the Jeep Grand Cherokee struck a second vehicle, which in turn hit him. Maryland Occupational Safety and Health and the Montgomery County Police Collision Reconstruction Unit are investigating the accident to determine if it was caused by a vehicle malfunction or by human error. The employee who was driving the Jeep remained at the accident scene to help rescue his injured coworkers. He has not been charged with a crime and is cooperating with the investigation. The accident is cause for increased concern for car wash managers and employees who work with the Jeep Grand Cherokee. In 2006, the International Carwash Association issued a warning that the Jeep Cherokee and Jeep Grand Cherokee can experience “sudden unintended acceleration” and cautioned car wash employees to be cautious when handling the vehicles. Source: The Gazette, “Rockville car wash employees still coping with death, injuries,” Nesa Nourmohammadi, 1/5/2011

Maryland workers’ compensation law bars employees from filing lawsuits against their employers for injuries received pursuant to their employment. This prohibition precluded 20 employees who suffered carbon monoxide poisoning while working at Ruth’s Chris Steak House in Baltimore in early 2008 from seeking recovery against Ruth’s Chris. It did not, however, preclude them from filing a lawsuit in state court against the owners and managers of the hotel where the restaurant is located. A Maryland jury recently awarded the employees nearly $34 million in their suit against TPOB Pier Five LLC and Meyer Jabara Hotels LLC, finding the owners liable for negligence and public nuisance. The jury also found Meyer Jabara Hotels liable for battery. Exposure to carbon monoxide gas – which is colorless and odorless – results quickly in flu-like symptoms that include headaches and nausea. Exposure of even short durations results in death for many people. A number of Ruth’s Chris employees became suddenly ill while working in the restaurant on February 2, 2008. The restaurant was evacuated and a gas leak subsequently discovered in the hotel’s basement boiler room. Carbon monoxide readings taken in the restaurant indicated the presence of the gas at 400 parts per million, a figure eight times higher than the allowable ceiling set by the federal government. At trial, the hotel did not challenge its responsibility for the leak, but it did contest employees’ allegations that they had suffered permanent injuries. The jury sided predominantly with the workers, awarding them money damages ranging from $75,000 to $4.7 million. Most of the employees received between $1 and $2 million. Related Resource: aboutlawsuits.com “Maryland Carbon Monoxide Poisoning Lawsuit Nets $34M Verdict” July 29, 2010