The cameras, set up at intersections, aim to reduce motor vehicle accidents by photographing the license plate of vehicles that violate traffic laws. For instance, an automatically issued ticket is sent to the owner of a vehicle that speeds through a red light or rolls through a right turn without coming to a complete stop.
Red-light cameras have been in existence for 20 years, but have increased in number during the past few years. According to a recent report from U.S. Public Interest Research Group, a consumer rights group, approximately 700 municipal governments and around half of all states have red-light cameras in place to monitor intersections. Some states, such as Connecticut, want to add the cameras.
]]> Intersection Accident PreventionSupporters of red-light cameras point to statistics from the National Highway Traffic Safety Administration, which have found that nearly half of all car accidents happen at intersections. These intersection accidents cause about two percent of fatal accidents each year.
In addition, research from the Texas Transportation Institute analyzed intersection auto accident data taken from 275 intersections and found that the cameras were effective in reducing accidents.
Opponents argue that the cameras are just being used to boost state and municipal coffers. The cameras have been challenged with some success in several states. Some opponents have started ballot initiatives to prohibit municipalities from using them. Many have been successful.
It is unclear which side will prevail over the long term. Meanwhile, municipal officials, aware of the potential political ramifications, wait to hear from the voters or the courts before they make their next move.
Source: USA Today, "Questions cloud red-light camera issue," Larry Copeland, Apr. 9, 2012.
]]>The inspectors are looking for a number of labor law violations. They are allowed to enter construction sites at any time to perform an inspection. They will check whether an employer is part of Connecticut's unemployment system, whether the employer has the proper licenses and if it has paid the appropriate bonds. In many instances, the inspectors find misclassified workers listed as independent contractors when they should be classified as employees.
]]> Independent Contractor vs. Employee: What Is the Difference?Connecticut employees who are misclassified as contractors can lose out on important benefits like workers' compensation. They may be able to seek workers' comp benefits even if they have been misclassified, but they should seek the advice of an attorney right away.
According to the IRS, worker classification depends in part on how much control the employer has over the worker. If the employer sets the parameters for how and when a worker does the job, the worker is more likely to be an employee rather than an independent contractor. In addition, whether the employer provides benefits and controls certain business aspects of the relationship will affect the classification.
Employers may misclassify employees as independent contractors to avoid paying workers' compensation insurance or payroll taxes. When they do so, however, they unfairly lower their costs of doing business and harm other, legitimate companies, in addition to putting workers at risk.
Source: Stamford Advocate, "Carella: Chasing those who cheat system," Angela Carella, Feb. 16, 2012.
]]>One such scenario is that of emergency workers who come down with hepatitis C, a serious disease that inflames the liver. While it is extremely likely that exposure to infected blood of a patient would be the source of the transmission, in Connecticut the EMT would also have to show the actual connection.
Not so in all states. Some states' laws provide a legal presumption that hepatitis C came from patient contact when an emergency worker comes down with it. This alleviates the requirement of having to prove the actual connection for workers' compensation entitlement.
]]> A former Danbury paramedic, now 48, says he got the disease in 1998 from an elderly patient he transported by ambulance who had numerous bed sores. The illness has been physically and psychologically painful, and while dealing with it, the EMT lost his house and his marriage. At one time he was even suicidal.And he has been fighting for more than a decade for workers' compensation coverage for the illness he believes he got that fateful night of work. Finally, in January, he reached a settlement with his former employer, its insurance company and the Connecticut Workers' Compensation Commission.
The agreement guarantees that the costs of a liver transplant and post-surgical treatment (possibly more than $1 million) will be covered. The patient is on a wait list for a liver.
Unfortunately, even after a successful transplant, the disease could return.
Grateful that other emergency workers have supported him, the paramedic hopes his situation will help to get the Connecticut laws changed. He wants to take the case to the state legislature for a new legal presumption that when an EMT gets hepatitis C, the connection with the workplace is assumed for workers' compensation eligibility purposes.
Source: The News-Times, "Former paramedic to get liver transplant," Dirk Perrefort and Amanda Cuda, Jan. 19, 2012
]]>In New England, states with larger working forces, such as Connecticut and Massachusetts reported the most fatalities. Vermont and Maine had the fewest reported workplaces deaths.
In 2010, nationally 4,547 workplace deaths were reported, which was largely unchanged from 2009.
]]> Causes of Fatal Injuries in ConnecticutThe Census of Fatal Occupational Injuries is compiled by the Bureau of Labor Statistics and pulls together information on all workplace fatalities. The program combines information from several different sources to ensure accurate statistics.
In Connecticut, 49 workers died while on the job. This was the state's highest number since 2004, although this number is not the highest in the region. The most common workplace accidents that resulted in a worker's death included violent acts and assaults, transportation incidents and explosions or fire.
The data allows for an in-depth analysis of the causes of catastrophic workplace injuries. Some of the most common construction-related accidents were falls, in particular falling to a lower level, and being struck by equipment. Transportation accidents, such as collisions and being struck by a vehicle also account for many tragic fatal accidents.
The industries reporting the highest numbers of worker deaths were transportation, construction, material moving and extraction or mining. Over half of the reported deaths were employees between the ages of 35-54.
The increase in workplace fatalities should cause employers to pause and review safety policies to make sure that workers are adequately protected from catastrophic injury.
Source: Boston Business Journal, "New England workplace deaths climbed in 2010," Thomas Grillo, Dec. 15, 2011
]]>Repetitive stress conditions are one of the most common occupational diseases that affect Americans working in almost every industry. Yet, recognizing a repetitive stress injury and pursuing a workers' compensation claim can be a challenge without professional help.
]]> Recognize Signs of Repetitive Stress, and Get a Professional OpinionRepetitive trauma injuries can strike a worker engaged in just about any job available in Connecticut. Carpal tunnel syndrome, a condition of the wrist, may be the most well-known repetitive stress disorder. However, repetitive stress can take a toll on tendons, nerves, muscles or ligaments throughout the body.
Along with wrists, the back, thumb, hands, legs, knees and shoulders are among the body parts typically afflicted with repetitive stress injuries. Any constantly repeated physical activity - from typing to lifting and bending - may lead to a repetitive stress condition.
Problematically, the symptoms of repetitive stress injuries often do not manifest until hours after work activity has ceased. This prevents many workers from connecting their after-hours discomfort to work conducted earlier in the day.
The first sign of trouble, including burning, tingling, numbness or pain in the afflicted area, a worker should get the medical opinion of a qualified physician. In addition, any worker who suspects they are suffering from a repetitive stress condition should consider contacting a Connecticut repetitive trauma lawyer to explore remedies available under state law.
While workers suffering from a repetitive stress injury have just as much right to workers' compensation benefits as those injured in a workplace accident, they may have to overcome additional hurdles in the claims process. For instance, without strong arguments and the proper medical documentation, it may be difficult to prove whether a repetitive stress disorder arose out of work duties or personal activities. While showing causation of repetitive stress disorders can be a challenge, the long-term and disabling nature of these conditions make pursuing the full workers' compensation benefits you are entitled to particularly important.
Source: Business Management Daily, "Repetitive stress injuries: FAQ," Jan. 3, 2012
]]>According to the New Haven Police Department and the Yale Daily News, the accident occurred the morning of November 19, 2011. Members of a Yale fraternity had rented a U-Haul truck for tailgating. Witnesses say the vehicle swerved and accelerated in the Yale Bowl's D-Lot parking area. The U-Haul then crashed into three people.
]]> Tragic OutcomeOne victim was taken to the hospital but did not survive the "multiple blunt traumatic injuries" she suffered. The death was declared an accident by the Connecticut Office of the Chief Medical Examiner. Two other women injured in the truck accident were treated and released from area hospitals.
The driver of the U-Haul is a Yale junior, and he asserts that a vehicle malfunction caused the accident. The Yale Daily News reports that, as of November 27, 2011, the National Highway Traffic Safety Administration listed at least six complaints about pedal spacing and unpredictable acceleration in the same vehicle model as the U-Haul truck involved in the accident.
In response to the accident, Connecticut Senator Richard Blumenthal has raised concerns about potentially insufficient federal oversight of rental vehicles' safety. In a letter to Transportation Secretary Ray LaHood, Senator Blumenthal urged him to consider whether rental trucks should be subject to the same "stringent uniform safety standards that apply to commercial vehicles" to help prevent losses caused by these unfortunate truck accidents.
Source: Yale Daily News, "Legal ramification of crash still unclear," James Lu and Daniel Sisgoreo, Nov. 28, 2011
]]>The study found that overall health care costs have gone up 43 percent between 2001 and 2010. In-office doctor's visits cost 33 percent more than they did 10 years ago, while hospital costs have gone up by an astounding 82 percent. Prescription drug prices have increased by 34 percent over the last decade.
As many New Haven workers' compensation attorneys know, insurance companies can sometimes be slow to pay out the most expensive claims. The study confirmed this observation. It found that while insurers usually pay for office visits and emergency care relatively quickly, they often dragged their feet when covering the cost of hospital care. Insurers are also often slow to reimburse for prescription drug expenses.
]]> Different Injuries Need Different ProvidersInterestingly, the study found that injured workers utilize different mixes of medical treatment depending on the severity of their injuries.
In claims of less than $5,000, most of the insurance dollars are spent on office visits and emergency services. For mid-range claims costing between $5,000 and $100,000, surgery and anesthesia represent the largest share of medical services obtained. In claims over $100,000, hospital services and prescription drugs account for over 40 percent of the overall claim cost.
Overall, nearly 60 percent of workers compensation dollars are used pay medical benefits. This is up from around 40 percent in the early 1980s.
As the cost of medical care rises, workers need to be careful to make sure they are not taken advantage of by their insurers. If you've been injured in a workplace accident, contact an experienced workers' compensation attorney who can defend your rights.
Source: Insurance Journal, "NCCI Study Examines Medical Services in Workers' Comp Claims," 4 November 2011
]]>During the winter month, New Haven workers' compensation attorneys frequently encounter workers who have been injured due weather-related hazards. Every Connecticut employer has a legal duty to provide workers with a safe job site. However, due to changing weather conditions it may not be possible to prevent all weather-related hazards. Workers can do their part to prevent injury by understanding ways to stay safe in the face of winter weather hazards.
]]> Here are the top five dangers outdoor workers face in the winter months, along with tips for preventing injury:Winter Driving: Snow and ice can leave roads slippery and hard to navigate. In addition to injuries sustained in a car accident, workers who get stuck after an accident or breakdown face the risk of hypothermia, frostbite and other exposure-related injuries.
Workers should use extra care when driving in inclement weather. Further, vehicles should be equipped with a winter weather survival kit that includes warm clothes, food, flashlights, a snow shovel and kitty litter or sand for traction.
Icy Surfaces: Elevated surfaces such as bridges, ladders and scaffolding freeze more quickly than surfaces at ground level. Moisture in the air can cause these surfaces to become slippery even when it is not raining or snowing.
In cold weather, workers need to inspect elevated surfaces regularly. If hazardous conditions develop, surfaces need to be de-iced as soon as possible. Workers should never be allowed on slippery elevated surfaces.
Rooftop Snow: Although finished roofs are designed to support the weight of a heavy snowfall, this is not always true for roofs that are still under construction.
Workers should consult with their architects and engineers to determine safety standards for avoiding winter work site injuries.
Frostbite: In severe cases, frostbite can lead to permanent skin damage and loss of fingers and toes. The risk of frostbite is worse in windy or humid weather.
Small white patches are a telltale sign of frostbite. Workers who develop frostbite should move to a warm area as soon as possible and allow the skin to gradually return to a normal temperature. Rubbing the skin, using a heating pad or running the skin under warm water will only make the damage worse.
Dehydration: The extra clothing worn by outdoor workers during the winter months can cause them to sweat more than usual, leading to an increased risk of dehydration. The symptoms are the same as in warm weather -- perspiration, fatigue, dizziness and severe cramping.
If cold water doesn't seem appealing on a winter day, try carrying a thermos full of a hot liquid such as cider or hot chocolate.
Source: Safety Management Group, "Five Winter Workplace Dangers," 1 November 2011
]]>The Occupational Safety and Health Administration (OSHA) will be investigating the fall. Early rumors indicate that strong winds may have played a role in the Connecticut construction fall accident.
Falls are the leading cause of death on construction sites throughout the United States, according to OSHA. Falls from heights can include falling from rooftops, from scaffolding, from ladders or from another lift system.
]]> A Safe Connecticut Workplace is Your Employer's ResponsibilityEach year, up to 200 workers are killed in fatal falls while on the job at a construction site; another approximately 100,000 are injured. Employers have a duty to each worker to evaluate a construction site for fall hazards and to provide adequate protection and training to workers who may be at risk of serious injury or death from a construction site fall.
OSHA details specific protections related to roof work. Low-slope roofs that are 6 feet or more above ground must be protected by guardrails, safety nets, personal fall protection or a warning system coupled with any of those already listed. Steep-slope roofs require even greater protection against falls from heights by construction workers.
Additionally, employers must properly train construction workers to identify potential fall hazards and to how to minimize the risk of a workplace fall. Construction workers should also be trained in how to properly set up fall protection systems, guardrails and/or safety nets to protect against fatal falls by themselves or their coworkers.
Source: Hartford Courant, "Construction Worker Identified Following Fatal Fall In Stamford," 25 October 2011
]]>The construction site was run by A.J. Penna and Sons, a Westport excavation contractor reportedly doing work for Connecticut Light & Power. Although injuries to the excavation worker were not serious, he was taken to Stamford Hospital for treatment.
On-the-job motor vehicle accidents are one of several threats to Connecticut manual laborers. Crushing injuries, burns, back and spine injuries and even heart attacks create safety issues that Connecticut manual work injury attorneys have seen seriously hinder workers' ability to fully recover and return to work.
]]> A Possible Root Cause of Injuries to Connecticut Manual Laborers?At first glance, it doesn't appear to be an issue in the Stamford accident, but one of the most common reasons for injuries to manual laborers is simply too much work. Whether that means that someone has worked too many hours and is tired and fatigued on the job, leading to mistakes and injury or whether that means that a worker has been asked to lift and move objects that are simply too heavy depends on the work and the job itself.
It's easy to underestimate the stress related to everyday work activities that seem to be just part of the job. But doing the same things over and over or doing them to the point of exhaustion and physical overexertion can lead to serious injury. If an employer allows someone who does manual labor to work to the point that the physical exhaustion leads to a heart attack or hypertension, the employer may be held responsible for the injury.
Whena Connecticut worker in injured while on the job, he or she is entitled to receive medical care expenses and lost wages through the workers' compensation program.
Source: Stamford Advocate, "Workman struck, trapped under car in South End," 11 October 2011
]]>A surgical team from New Haven was called to the construction accident site to assist with freeing the construction worker's leg from the auger. Fire department responders had to manually turn the auger in the opposite direction to assist with extricating the man from the cement truck. Once freed, the worker was taken to the hospital for treatment.
Construction accidents, like this one, can happen in an instant and can have serious, long-lasting consequences. Connecticut construction accidents are, unfortunately, not uncommon. Construction sites that utilize heavy machinery with large moving parts create work-related safety dangers for all who are on-site.
]]> Common Hazards to Connecticut Construction WorkersConstruction workers face workplace dangers every day they are on the job. Falls from heights or being struck by falling objects, electrocution, motor vehicle crashes and heavy machinery are common causes of on-the-job injuries for construction workers.
When a worker is injured while on the job, the Connecticut workers compensation is intended to provide quick access to money for medical bills and lost wages. New Haven worker's compensation attorneys have assisted many whose initial claims for workers' compensation have been denied receive the benefits needed to recover from an on-the-job-injury.
Maintaining a safe working environment for all employees is the responsibility of all Connecticut employers. That includes properly training all workers on applicable safety procedures and the proper use of machinery.
Although the worker was alert and stable when emergency crews arrived, his injuries were serious and may require amputation. The Occupational Safety and Health Administration (OSHA) is conducting an investigation into the Durham construction site accident.
Source: Man hospitalized in Durham construction accident," 26 September 2011
]]>Although the U.S. Department of Labor's latest statistics show a decline in injuries related to falls at construction sites, injuries to construction workers still occur on a daily basis. Misclassifying a worker as an independent contractor rather than an employee can mean that, if injured, the worker may not have access to worker's compensation for medical benefits, lost wages and disability benefits.
Common Construction Site Accidents in Connecticut
Construction sites, often littered with heavy equipment, tools and materials, can be dangerous places. Accidents do happen, and can happen, in an instant, causing serious injury or death. Construction site injuries and accidents may relate to:
Penalties for Companies Who Do Not Comply With Connecticut Work Comp Requirements
The CTDOL can fine a company up to $300/day for failing to carry required worker's compensation coverage for its employees. It has already collected over $81,000 in fines from companies who mischaracterized employees as independent contractors to avoid paying into the Connecticut worker's compensation system as required by law.
Once the CTDOL takes action, a construction company has 10 days to appeal. Work can be resumed proof of the correct amount of insurance is provided to the CTDOL.
]]>For example if, while working, a delivery driver is in an accident involving another car, the delivery driver may have a right to workers' compensation for the injuries that occurred while on the job. In addition, the delivery driver may also have a third-party liability claim against the other driver who caused the accident.
When an employee recovers from a third party for injuries that are also covered by workers' compensation, the employer's worker's compensation carrier is entitled to be reimbursed for its expenses from the proceeds.
Previously, a work comp lien could be placed on any money received from the third party for 100 percent of the work comp insurer's expenses. If the delivery driver above received $90,000 in workers compensation benefits, the work comp insurer would be entitled to a lien in the amount of $90,000 on any money recovered from the other driver.
]]> Often, this would lead to troubles in settlement talks; the insurance company would not agree to settle for less than what it had paid out, but the amount of the claim after subtracting what would be paid back to the work comp insurer, may not have been worth pursuing through trial.A third-party action is often how injured workers receive any sort of compensation for pain and suffering; worker's compensation covers medical expenses related to the injury as well as lost wages. The 100 percent recovery by the workers' compensation insurer often left little incentive for an injured worker to take the time and money to pursue a third-party claim.
This is no longer the case. A work comp insurer can still place a lien on the proceeds of a third-party liability claim, but now only up to two-thirds of its expenses. That percentage can be changed by agreement of the parties.
Using the example of the delivery driver above who recovers from the driver who caused the accident, the employer's insurance company would now be limited to a lien for approximately $60,000 of the injured worker's recovery rather than $90,000.
The new law effectively limits the windfall to employers' work comp insurers when injured workers spend additional time and money attempting to recover from a third party.
Source: Connecticut Law Tribune, "Trial Lawyers Claim Key Legislative Wins," 7/20/2011
]]>Representative Susan Johnson introduced H.B. 6484, which was passed unanimously by the Legislature and, on June 6, signed into law by the Governor. The bill was drafted in response to the trouble a Connecticut family had in obtaining a copy of the police report related to their son's death after he was tragically killed in an auto accident.
"Regularly victims and their families could not obtain accident reports from the police. On a number of occasions lawsuits had to be filed just to force the accident reports to be released," stated Johnson.
]]> The bill is intended to give families and their attorneys access to necessary information in a timely manner, making it easier on those already suffering to meet the burdens of their insurance company or the legal system. The 30-day requirement applies to "any memorandum, sketch, chart, written statement, report, or photograph the State Police obtained, prepared, or created in its investigation of an accident in which someone was injured or property damaged."Many insurance companies require a police report before they will cover any related expenses. Police reports can also be an essential component of a lawsuit to recover for injuries related to a motor vehicle accident. But, prior to the new legislation, there was no mandated time frame in which a report had to be made available to the victim.
Currently, only the State Police are required to comply with the 30-day period. Michelle Cruz, Office of the Victim Advocate for the State of Connecticut, who testified in support of the bill, urged lawmakers to extend the bill's mandate to municipal law enforcement as well. However, lawmakers did not make that change.
Representative Johnson summed up the need for the 30-day requirement during her testimony in support of the change, simply stating that "justice delayed is justice denied."
Source: Mansfield Today, "New rule - police must provide accident reports within 30 days," 6/19/2011
]]>Three of the four fatal accidents occurred on Saturday, with the last occurring late Monday night when a car collided with a tanker trunk headed southbound on Interstate 95. The driver lost control of the car, struck the barricade in the median and then crashed with the tanker truck. The driver sustained a head injury and the passenger was killed. The driver of the truck and his passenger were not injured.
]]> Also on I-95, in Groton, a mini-van rolled over after striking the guardrail, throwing a female passenger from the vehicle. She was not wearing a seat belt when the accident happened and was killed.In Pomfret, a motorcycle collided head-on with a jeep when the driver lost control while navigating a turn on Route 244, killing the driver of the motorcycle. A crash in Bolton is still under investigation. The car accident killed one person traveling on Route 85.
Local and state police were out in heightened numbers to help keep travelers safe on Connecticut roads over the holiday weekend, performing DUI checkpoints, watching out for aggressive drivers and responding to various emergencies. Aggressive driving is defined by the National Highway Traffic Safety Administration as "the operation of a motor vehicle in a manner which endangers, or is likely to endanger, persons or property."
Although no report has yet shown that alcohol played a factor in any of the deaths over Memorial Day weekend, Connecticut State Police remind all on the road that, particularly through the upcoming summer months, if you suspect another driver to be driving while drunk, call 911 and report the car and location so officers can respond to the emergency.
Source: Connecticut Post, "State police: Four fatal crashes during Memorial Day weekend," 5/31/2011
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