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Just like feathered accessories and square-toe shoes, it seems even speed cameras are making a comeback in Baltimore City. The cameras were shut down in 2013 for issuing erroneous tickets, but the city hopes that the updated cameras will not have the same problem. Drivers, beware. The plan is to add 37 more traffic cameras around the city, 27 of which will be speed cameras. These will join the traffic cameras that were already in place making Baltimore City home to over 100 cameras. This is what you should keep in mind before you speed past the new cameras. Reducing accidents According to one agency, speeding killed over 9,000 people in 2017, accounting for more than 25 percent of all traffic fatalities. While accidents seem to be an inevitable part of driving a vehicle, speeding tends to make a crash worse. The goal of the new traffic cameras is to reduce collisions and fatalities in the city. Many of the cameras are going up near schools to try to protect these high traffic areas and the children going to and from school. Raking in revenue There is another element to Baltimore City’s motivation for reviving the speed cameras. The cameras are set up to catch people going more than 12 miles per hour over the speed limit. When the cameras capture a speeder, the driver will get a $40 ticket. While that may seem small, the cameras are estimated to bring in over $20 million. The city is hoping that this time around the cameras will be effective at reducing accidents and will not have the same problem with erroneous tickets as the last time.

Everyone seems to know something about workers compensation benefits – it’s the rare person who knows everything. Here’s a quick refresher on what is covered under Maryland’s Workers Compensation Act: Temporary total disability benefits If an injury results in a disability that prevents an employee from returning to work while the injury heals, then the employee can receive benefits. If the disability lasts 14 days or less, then the payments start three days after the injury. If the disability lasts more than 14 days, then the payments start from the date of the injury. These payments equal 2/3rds of the employee’s average weekly wage at the time of the accident subject to a ceiling. The payments are meant to offset lost income while healing. They end when the employee returns to work in some capacity or when a medical determination is made that the employee has reached maximum medical improvement. If an injured worker has completed medical treatment, but still remains unable to return to the injured worker’s previous employment, the injured worker’s monetary benefits may continue under a job placement program called vocational rehabilitation. Temporary partial disability benefits If an injury results in a disability that only allows an employee to work on a limited or part-time basis, then the employee can receive benefits. The employee receives payment equal to 50 percent of the difference between the employee’s average weekly wage at the time of the accident and the gross weekly wage of the employee while working on the limited or part-time basis subject to a ceiling. Permanent total disability benefits When a worker has been injured to such an extent that he or she cannot work in any useful capacity, then the employee can receive lifetime benefits. In Maryland, the loss of use of any of these constitutes permanent total disability: Both arms Both legs Both hands Both feet Both eyes Any combination of two of arms, hands, feet, eyes or legs. Any other disability that renders the employee unable to work in any useful capacity Payment is a maximum of two-thirds of the employee’s average weekly wage subject to a ceiling. Permanent partial disability benefits If an employee receives an injury that results in some permanent partial impairment to a body part, they can receive benefits. Benefits are paid in accordance with a schedule of injuries set in the Maryland Workers’ Compensation statute as determined by the Workers Compensation Commission. For example, loss of a thumb results in payments for 100 weeks while an injury to the thumb including pain, loss of motion, strength, etc, results in a finding of a percentage loss of the thumb is payable for a number of weeks as a percentage of the 100 weeks. The amount of benefits is determined by the statute and are payable on a weekly basis other than a Full & Final Settlement of the claim which may be paid in a lump sum. Injured workers are also eligible for lifetime medical and hospitalization benefits (including prosthetic devices), wage reimbursement benefits (for time spent being examined by a physician at the request of the employer) and in some cases vocational rehabilitation benefits (including job placement). The calculations and value of a permanently injured body part or medical condition can be complicated to understand to the casual observer. Additionally, obtaining and recognizing the necessary documentation to support a claim for any type of benefit can also be difficult and complicated when insurance carriers are seeking to limit their own costs to a Claim. As a result, it is critical that injured workers find proper representation to ensure they receive coverage and are protected after a work place accident.

Researchers with the Tree Care Industry Association found that in 2017, tree care workers in Maryland were among the most injured in the nation. While there are many reputable tree trimming businesses in Maryland, there are also some fly-by-night businesses that do not offer proper safety protections or the proper insurance. An injury while working for one of these companies means your ability to claim workers compensation benefits could be difficult. Before you hire on with a tree trimming company, find out if they have workers compensation insurance. Be aware: if a prospective employer says you will be hired as an “independent contractor,” that’s a red flag that they are not carrying workers compensation insurance. Maryland does offer a state tree care license for tree trimmers. Having one means the company has met standards of professionalism including education, working with a previously licensed professional and carrying liability and property damage insurance. The state offers a website to search tree trimming businesses to see if they are licensed. Report statistics The report found that fatalities among tree care workers nationally dropped about 16 percent. The association found about 130 incidents with 72 fatalities and 45 serious injuries in 2017. Tree trimmers from California saw the most injuries or deaths with 14. Massachusetts and Maryland were tied for fourth with eight incidents apiece. Most of the incidents involved: Tree felling Electric shock or burn via conductive tool or object Equipment failure Caught under a chipper or rigging Fall from aerial lifts No OSHA rules The Occupational Safety and Health Administration has no rules specifically for the tree-trimming industry. In 1995, OSHA provided safety standards for the logging industry but did not apply them to the tree trimming industry. In 2008, OSHA published an advanced notice of proposed rulemaking, but removed the item from its agenda in 2010 citing insufficient resources, according to TCIA. The issue of tree care standards was back on the agenda in 2015 but moved to “long-term action” in 2017, where it currently languishes. Meanwhile, the Tree Care Industry Association’s Arborist Safety Training Institute offers safety training throughout the U.S. but attendance is not mandatory for either business owners or those who work as tree trimmers. The ASTI offers workshops on aerial lift safety, how to work around electricity, how to correctly operate chippers and chain saws, and how to properly work on th

If you employ a housekeeper, nanny, home health nurse or a gardener, you could be facing a huge gap in your insurance coverage. Maryland requires employers to pay workers compensation insurance. If an employee is injured on the job, whether they are at fault or not, they can file for workers comp and it is the employer’s responsibility to pay. What’s more, those employees are not covered under your homeowner’s policy or any other umbrella policy you might have. The law in Maryland In Maryland, you must provide workers compensation for any person employed as a domestic worker who earns more than $1,000 per quarter, or $77 per week. Workers compensation premiums can cost as little at $800 per year and protect you from medical bills that could run into the hundreds of thousands of dollars or disability payments that could continue through the life of the worker. The definition of what constitutes an employee is broad: In Maryland, the work relationship is determined by the “economic reality” of the situation. If you have an employer-employee relationship, then you can be liable for workers compensation. Other kinds of insurance If you are a renter, you can be as liable as any homeowner if you employ a domestic employee. You, too, need to pay workers compensation. If your employee drives your vehicle, you need to make sure your policy covers the employee as a driver. Similarly, if your employee drives your children in his or her vehicle, you need to make sure the employee’s insurance is sufficient to handle any accident – both because you want to make sure your children’s care is covered in case of an accident, and also because if your employee gets into an accident while working for you, you could be held liable.

Trucking deaths are up and experts are blaming driver training for the increase. The U.S. Bureau of Labor Statistics reports that 840 truckers died on the roads in 2017, a 25 percent increase since 2011. The trucking industry sees an average of 26.8 deaths per 10,000 workers, compared to the average of 3.5 deaths per 10,000 workers in all other professions. The problem is training, truckers say Experts say the increased death rate among truckers is due to the same thing that is responsible for an increase in deaths among automobile drivers: distracted driving, speeding and lack of seat belt use. One expert said nearly 40 percent of truckers who died in 2017 accidents were not wearing seat belts. Truckers tell a different story. They say that new technologies and a lack of training on how to use them is creating an environment of distracted driving. Trucking companies buy trucks with technologies like lane-departure warnings, automatic braking and adaptive cruise control without putting the drivers through proper training. While the drivers try to figure out the technology, they get into accidents, the truckers say. Accidents lead to action on road into Maryland After many crashes due not only to a steep grade but also to distracted driving, the Pennsylvania Department of Transportation announced in late December a 13-ton weight limit for trucks on a 3.7-mile stretch of State Road 160 in Wellerburg to the Maryland State Line. Trucks making local deliveries will be exempt, the department said. At least 10 trucks have crashed on the steep grade down the mountain, most notably the truck that crashed into a church at the bottom of the grade in November. It was the fifth time in six years the church had been struck by a runaway truck. Police say truckers take the road to avoid tolls and a weigh station on nearby roads.

Maryland contractor R.F. Warder Inc., was fined $275,000 in the June death of a 19-year-old worker in a sewage trench at Clifton Park in Baltimore. Kyle Hancock of Glen Burnie, Maryland, died while working in a 15-foot trench attempting to clear a line leading from a city pool. The trench collapsed on him. The Maryland Occupational Safety and Health agency said the company failed to: Adequately train its crew Conduct adequate daily inspection of the site Provide protective helmets Provide escape ladders or ramps Provide a system to protect against cave-ins Part of a city contract The city awarded R.F. Warder a contract to clear the line prior to the pool’s opening later in the month. Trenches more than five feet deep require shoring to protect workers from cave-in. Construction companies must also provide protective walls and sloped exits. The trench in which Hancock died was 15 to 18 feet deep and 10 to 40 feet wide, the state claims. Two other workers were rescued during the incident. Workers spent more than 10 hours digging with hand shovels more than 20 feet down to retrieve Hancock’s body. Several of the eight violations brought against Warder were considered “willful,” which means the employer acted with indifference to employee safety or knowingly failed to follow safety rules. A report by the Baltimore Sun states that a cubic yard of soil can weigh as much as 3,000 pounds. It reported that dozens of workers are killed in excavation deaths each year in the U.S. A career in construction Kyle Hancock was a member of the local steamfitters union and was working toward a career in heating, ventilation and air conditioning, according to a funeral notice on Singleton Funeral and Cremation Services’ website. Although the fire department listed Hancock’s age as 19, the funeral home said he was 20 years old. The funeral notice said he graduated from North County High School in 2016, liked to play Xbox, had a group of close friends and liked to spend time with his dog, Max.

Vehicle rollover crashes cause serious – even fatal – injuries. Rollovers only happen in about three percent of car accidents, but they result in 30 percent of crash deaths. Rollovers can happen in an instant, but understanding why they happen and ways to minimize the chance of injury may help you stay safe. Which vehicles are most susceptible? Given the right set of circumstances, any vehicle could potentially roll in a crash. That being said, there are certain types of cars and trucks that are more susceptible. Vehicles with a higher center of gravity are more likely to roll if given the opportunity. This means that large commercial trucks, SUVs, vans and pickups are more likely to flip than small passenger cars. “Trips” and flips Single-vehicle rollovers don’t usually happen solely because of a bad steering maneuver like an over-correction (or under-correction) when avoiding a hazard. The vehicle usually has to “trip” on something like a pothole, curb, edge of the road surface, etc. An estimated 95 percent of single-vehicle rollover accidents happen because of “trips” like these. Staying safe In-vehicle safety systems are helping more people survive rollover crashes than ever before. These include side-curtain airbags, electronic stability control systems and basic seat belts. It’s important to wear a safety belt at all times in a vehicle; being fully or partially ejected from the vehicle increases your chances of serious injury or death. In fact, half of rollover fatalities involve partial or full ejections. It’s also important to: Have properly inflated tires with good tread Properly place heavy loads as close to the center of the vehicle and as low as possible; putting a heavy load on the vehicle’s roof makes it more likely to roll Forego the temptation to speed; 40 percent of rollover crashes involve excessive speed Stay aware on winding, country roads; 75 percent of fatal rollovers happen on rural roads with a speed limit of 55 miles per hour or higher that are undivided and lack barriers

Fall can be a dangerous time for pedestrians, as dusk becomes part of rush hour. The end of daylight savings time moves sundown right into the commute, meaning that drivers are forced to adjust to less ambient light and more light from headlights and streetlights. The difference in light changes the appearance of things. It changes the shadows. Small moving objects like pedestrians seem to disappear. Unfortunately, rush hour is already risky for pedestrians. “Every day, we see at least one or two people who require surgery after being hit by a vehicle, with everything from bone fractures to serious head and internal organ injuries. In my experience, rush hour tends to be the peak time for these types of auto-pedestrian injuries,” says a trauma surgeon at Cedars-Sinai hospital. A report by the Governors Highway Safety Association found that 75 percent of pedestrian deaths in 2016 took place after sunset. It is not just sunset that creates the risk, however. Part of the problem is the abruptness of the change in time. According to the AAA Foundation for Traffic Safety, the number of motor vehicle accidents occurring between 5 and 6 p.m. nearly doubles after daylight savings time ends. This is likely because drivers’ sleep cycles are also interrupted by daylight savings time, so their attention, concentration and decision-making are impacted. In fact, missing one to two hours of sleep nearly doubles a driver’s risk of a crash. The end of daylight savings time therefore creates ideal conditions for fatigue-related crashes. Drowsy driving is a factor in over 20 percent of fatal crashes on U.S. roadways each year. According to the National Sleep Foundation, sleep-deprived drivers are responsible or over 6,400 fatalities and 50,000 serious injuries each year. No driver wants to hit a pedestrian, and being aware of changing circumstances and the risk they create is crucial to safe driving. Here are some tips from AAA Mid-Atlantic for dealing with the switch to standard time: Slow down. Keep your headlights clean, along with both the inside and outside of your windows and windshield. Turn on your headlights during both early morning and early evening hours for visibility. Do not use your high beams when pedestrians or other cars are around. Always yield to pedestrians in crosswalks — and don’t pass other vehicles that have stopped for a crosswalk.

Recently, the National Safety Council held their Congress & Expo, billed as the country’s largest gathering of safety professionals. As part of that, the federal Occupational Safety and Health Administration (OSHA) released their top 10 most frequently cited workplace violations for fiscal year 2018. The list is preliminary at this time, but provides a good snapshot of on-the-job hazards across the nation. 10. Eye and face protection – this is a newcomer to the list, but OSHA reports more than 1,500 violations so far this year for job sites around the country where people were not wearing proper face and eye protection. This can include construction sites, welding, working around hazardous chemicals and more. 9. Machine guarding – OSHA has found 1,972 instances of inadequate, missing or unconnected machine guards in machine shops and manufacturing facilities across America so far this year. 8. Fall protection (training) – over 1,980 companies got citations in 2018 for not having adequate fall protection training protocols or documentation that training had occurred. 7. Powered industrial truck violations – nearly 2,300 businesses had unlicensed or uncertified forklift drivers on job sites. 6. Improper ladder use – more than 2,800 citations came for improper ladder use in the first 10 months of this year. This includes using the top step of the ladder, not having ladders secured on construction sites, broken steps and ladders “not being used as intended.” 5. Lockout/tagout – though this is a known practice throughout many industries, almost 3,000 employers did not have adequate protocols for energy control of dangerous equipment when not in use. 4. Respiratory protection – over 3,100 citations came as a result of employers not offering protective equipment, not having respiratory protection programs in place, and not requiring medical evaluations for workers. 3. Scaffolds – scaffold safety is exceedingly important as a means of fall protection for workers, but still more than 3,300 workplaces were cited for inadequate scaffold construction, decking and more. 2. Hazard communication – auto shops and hotels were among the 4,552 businesses cited for insufficient training programs regarding hazards and non-existent data sheets signifying compliance with hazard communication. 1. Fall protection (general) – this is yet again the top OSHA citation, with more than 7,200 violations so far in 2018.

On August 30, the Court of Special Appeals of Maryland handed down an opinion in favor of a firefighter who claimed that degenerative knee tearing in his right knee arose out of and in the course of his employment. The court explains in detail what the standards are in Maryland Workers’ Compensation law for establishing an occupational disease that makes the worker eligible for benefits. In Baltimore County v. Quinlan, the court on appeal agreed with the jury in the court below that sufficient evidence showed that the firefighter claimant had sustained an occupational disease of degenerative menisci tears in his right knee making him eligible for Workers’ Compensation benefits under state law. What is an occupational disease under the Act? The law says that a worker is eligible for benefits if he or she gets an occupational disease that is “due to the nature of an employment in which hazards of the occupational disease exist.” The court said that the testimony at trial constituted sufficient evidence tying the claimant’s knee tears to an occupationally related disease. Specifically, testimony established that “repetitive kneeling and squatting” is a “regular part of a paramedic’s job and … a risk factor for developing menisci tears and, in turn, osteoarthritis in the knees.” The employer tried to argue that osteoarthritis and degenerative knee tearing are “a disease of life” common to the population as a whole and not inherent in the claimant’s work as a firefighter and paramedic. The court, however, quoted the Court of Appeals about occupational diseases, defined as “some ailment, disorder, or illness which is the expectable result of working under conditions naturally inherent in the employment and inseparable therefrom, and is ordinarily slow and insidious in its approach.” It went on to say that even the employer’s expert at trial said that EMTs and firefighters are at higher risk for “osteoarthritis and knee problems” because they are among jobs that “require more squatting and kneeling.” In addition, the claimant’s own expert testified that firefighters have these knee tears and arthritis at higher rates than other people. The court concluded that even if claimant’s age and weight contributed, if the condition was due in part to the nature of the job, the jury could conclude that he had an occupational disease under the Act. Anyone who believes that his or her own illness is work related should speak to an attorney about establishing an occupational disease that creates eligibility for Workers’ Compensation.

While the potential types of workplace injuries are as varied as the workers who suffer them, there are some commonalities among injury claims that qualify for workers’ compensation benefits. This post will discuss some common on-the-job injury scenarios, and how to prevent them. Slips/trips and falls Slipping and falling makes up a startling one-third of all workplace injuries. The reasons for these accidents vary widely, but proper safety procedures can help prevent them. Causes of slips: wet floors, flooring without the proper degree of traction, weather hazards, loose rugs or flooring Causes of trips: insufficient lighting, disorganization, dropped items, obstructed views, uncovered cables Keeping floors clear of obstructions and clutter, securing throw rugs, ensuring that spills are promptly cleaned and setting procedures to deal with weather hazards can help prevent workplace slips, trips and falls. Overexertion and repetitive stress/strain injuries Anyone who works on an assembly line, at a computer, has to lift heavy materials or isn’t given adequate breaks during the day is at risk for repetitive stress and strain injuries like carpal tunnel syndrome, back pain, and nerve impingement or damage. Similarly, overexerting muscles without proper precautions and breaks leads to back injuries and pain, something that accounts for one-third of all workplace injury claims, and results in nationwide fiscal losses of $7.4 billion each year. Causes of overexertion and repetitive strain injuries include: Improper lifting: remember to always lift with your legs instead of your back, and to engage your core muscles Heavy objects: regularly lifting objects 50 pounds of more without assistance (either personal or mechanical) can easily cause injury Intensive computer work: sitting at a computer and typing all day may not seem particularly strenuous on the body, but it actually can result in serious nerve damage and back pain Not taking adequate breaks: it is vitally important to give taxed muscles a chance to recover to prevent injury

Some workplace injuries are obviously tied to the course of employment: a delivery-person who suffers a back injury while lifting a heavy package; a gym’s personal trainer whose toes are broken when a client drops a weight on them; a restaurant line cook severely burned by a malfunctioning stove, just to name a few. Things are not always as clear as these scenarios suggest, however. It is sometimes difficult to tell when an injury qualifies for workers’ compensation benefits and when it does not. In the course of employment An injury is suffered in the normal course of the person’s employment is usually compensable. Basically, when an injury happens while the person is performing his or her daily job tasks, it’s most likely covered. In the examples given above, each of the injured parties were going through their normal business days and were subsequently injured. On behalf of the employer Some injuries are compensable even if they happen not in the “normal” course of the employee’s job, but still while performing a task on behalf of the employer. We’ll illustrate this premise with an example. An office worker named Jim is hurt in a car accident while out getting coffee for a special client meeting. It isn’t part of his everyday job duties to perform that task, but since these are important clients and the firm wants to make a good impression, they decided to serve coffee and other refreshments. Jim is performing a task on behalf of his employer when his injuries occur, so they will most likely be compensable. Cases like these are fact-specific, though, and require care to accurately represent them for the purpose of obtaining work comp benefits. If you are unsure as to whether your on-the-job injuries are compensable under the workers’ compensation system, consult an experienced attorney in your area.