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Many people suspect that companies often place profits at a higher priority than how they treat their workers. A recent study that was published in the Journal of Accounting and Economics analyzes data to examine the relationship between management’s earnings goals and workplace safety. Companies don’t just hire employees to do jobs and hope for the best. Firms employ financial analysts who analyze data and forecast earnings, and management often holds those earnings forecasts in high regard, doing whatever they can to ensure that their earnings numbers meet the analysts’ forecasts.

When management feels pressure to meet earnings forecasts, they, in turn, put pressure on the people who are responsible for producing the goods or services that will bring in the earnings. They tell supervisors to have their employees work harder and faster to produce as much as possible. However, employees can only work so hard and so fast before their work practices become unsafe.

Tragic injuries and deaths can occur in manufacturing, and other types of workplaces and more accidents happen when the pressure to produce is at its peak. Managers who feel pressure to meet earnings forecasts increase their workers’ workloads by urging them to work faster or to work more hours. Working faster often means cutting corners, and cutting corners often involve sacrificing safety for speed. It is not difficult to see how a person is more likely to get hurt when they are operating a machine as fast as they can than they are when they are using the same device at a slower, more steady pace. There is also a risk for overexertion when workers are working as hard and as fast as they can.

Another way in which a need for speed makes a workplace less safe is that managers may encourage employees to skip maintenance tasks, training time, and other safety-related job functions to keep on producing as much as they can during their working hours.

The research indicates that injury and job-related illness rates are higher for firms that just barely meet or exceed earnings forecasts. Companies that far exceed analysts’ forecasts have lower injury rates, and so do companies that come in well below the analysts’ forecasts. The study also analyzed union vs. non-union injury rates, and the findings indicate that injury rates at union firms are much lower than at non-union workplaces. This is likely due in part to the fact that union employees negotiate safety procedures into their contracts and they also have union representatives that the can talk to if they encounter safety issues. This is a sharp contrast to non-union workers, who may feel like they can’t report unsafe conditions or situations to their supervisors out of fear that they will be reprimanded or told to ignore the danger and keep on producing

Barrett Law PLLC:  Helping Mississippi Workplace Accident Victims Recover

If the pressure to produce more faster at your job was a contributing factor in your work-related injury, you are not alone. Many workers face pressure from profit-minded management to produce as much as possible, even if it means rushing your work along and ignoring safe work practices when taking the time to do things the safe way would slow you down. To learn more about how we could help you with a workplace accident claim, call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577.

There is a variety of automobile manufacturing facilities across the United States. Some are older factories run by well-established automakers; others are newer plants built and run by those same brands. There are also automobile manufacturing plants that are not only new, but that are owned by relative newcomers to the automotive manufacturing industry.

Workers at all automobile manufacturing facilities face certain risks in their workplaces. However, auto industry data reveals that some manufacturing facilities have higher rates of worker injury than others do. One automobile manufacturing plant that is suspected of having a higher than average worker injury rate is the Tesla factory in Fremont, California. Efforts are underway by the United Autoworkers’ Union to unionize the facility, but their progress has been slow. Industry data supports a conclusion that union factories have lower injury and accident rates than non-union plants do.

Tesla asserts that its safety record is better than the industry average. When the nonprofit organization Worksafe looked into the matter, they found that while Tesla’s Total Recordable Incident Rate (TRIR) for the first quarter of this year is currently lower than the national average.  Moreover, data from previous years indicates that during other years, the TRIR at the Fremont facility was substantially higher than the national average.

The possibility of a change in direction for Tesla’s TRIR rate at their Fremont facility is encouraging, even though it must be taken with a grain of salt because it is still too early in the year to determine whether the decrease in injuries is a trend or a reprieve from higher injury rates. While we are unable to know whether the higher TRIRs for the company’s earlier years were the result of it being a new company, it is possible that they were and that as Tesla becomes more established, the Fremont manufacturing facility becoming a safer place to work. In fact, the car company has declared one of its manufacturing goals as having a very low rate of worker injuries as compared to other automakers.

Barrett Law PLLC:  Representing Injured Mississippi Workers and Their Families

Automobile manufacturing injury and fatality cases can get complicated. The machinery and work processes involved in modern auto manufacturing processes are technologically advanced, but they still create substantial risks to the workers who operate the machines every day. It can be difficult to understand the workplace injury claims process, and if you are missing time from work because you are hurt, you are likely to want to pursue a claim for damages related to your workplace accident as soon as possible to minimize the financial impact of your injury on your life.

A workplace injury attorney can help you pursue a claim for damages after a workplace accident, and they can offer valuable support and guidance at each stage of the claims process. If you got hurt in an automobile manufacturing accident or you lost a loved one in an automobile manufacturing plant accident, get help from a Mississippi Workplace Accident Attorney. Call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to learn more.

 

 

A young man died while he was working to remove trees near power lines in the state of Washington. The accident occurred when a tree that he was removing snapped suddenly. Another tree worker also died recently. Both employees were engaged in special projects aimed at emergency tree removal near power lines, such as dead or dying trees or trees that have been damaged by forest fires. These projects are different from the regular, scheduled maintenance type of tree work that occurs in areas where there are power lines.

All tree work is dangerous, whether it is logging forests, removing trees on private property, clearing dying or dead trees away from power lines, or any other type of project involving trees. In fact, logging consistently ranks near the top of the “deadliest occupations” list that the United States Bureau of Labor Statistics compiles each year. Training and safe work practices are essential to keeping tree workers alive, and investigations into the recent tree work deaths are likely to reveal whether any of those things were lacking in either situation.

The young man who died in Washington had not been doing tree work for very long. He had come to America from Mexico, as many Mexicans do, in search of work that would help him create a good life for his family in Mexico. His friends and family say that he spoke little English, and it is likely that at least some of the investigation into his death will examine the issue of whether he had been trained to do what he was doing and whether he understood the training that he had gotten.

Preliminary information regarding the accident indicates that while the young man was new to the company that he worked for at the time of his death, he had some tree work experience and he was working with an experienced supervisor. He had also received training and orientation, as well as classes to prepare him for work as a “climber.” As the investigation progresses, information is likely to come to light regarding exactly what went wrong and how. There are many ways that tree work accidents can occur, and it is important that each fatality gets treated as the unique case that it is so that the deceased worker’s family, their co-workers, and their employer can get the answers that they need to move forward.

Barrett Law PLLC:  Representing Injured Mississippi Workers

Tree work injury and fatality cases can get complicated. There are often multiple parties involved in an accident, including the company that employed the injured or deceased worker, any company that contracted with that company to have the work performed, the utility company, entity, or the private owner who owns the land where the accident occurred, and more. This aspect of tree work cases alone can make filing a claim for damages complicated and frustrating for accident victims and their families. Fortunately, you do not have to pursue your claim alone. If you got hurt in a tree work accident or you lost a loved one in a tree work accident, get help from a Mississippi Workplace Accident Attorney. Call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to learn more.

A recent accident at BGF Industries, Inc., a technical fiber manufacturing facility, left an employee with a serious injury. The accident happened when the worker fell off of a short ladder onto the roof of the building. The accident is now under investigation. The company is hoping to learn how the accident happened so that they can prevent similar accidents from happening again.

Ladders are a relatively common piece of equipment implicated in workplace accidents. There are three basic types of accident scenarios that often occur with ladders. One such situation is when workers use the wrong ladder. Another typical ladder accident scenario happens when the ladder fails because it is in bad condition. The third common type of workplace ladder accidents happens when the ladder gets used incorrectly.

Some ladder accidents occur when people hold something in one or both of their hands as they are climbing up or down the ladder. It is essential that you keep at least one hand on a side rail as you climb up or down the ladder. Use a tool belt or some other method to keep your hands free whenever possible.

Did you know that approximately a third of all ladder accident victims were wearing shoes that were greasy, wet, or oily at the time that they got hurt? Check your footwear for wetness or slippery substances on the soles before climbing a ladder. It doesn’t take long to get a rag or a paper towel and dry or clean off your shoes before you climb a ladder, and you may save yourself a lot of pain if you take the time to do it.

In over half of all ladder accident cases that involved straight ladders, the ladders were not secured or braced at the bottom. More than half of the ladders involved in ladder accidents were not secured at the top. Secure your ladder properly before climbing to reduce the risk that you will fall and get hurt.

The majority of ladder accident victims say that they never got trained on how to inspect a ladder for defects before using it. They also said that they never got written instructions on how to use ladders safely. To use a ladder safely, keep at least one hand on a side rail at all times, keep your body centered, keep your body straight, and stay as close to the ladder as you can. As you work from the ladder, move slowly and deliberately. Be careful not to reach too far to the side or too far overhead when you are working on a ladder because overreaching is one of the leading causes of ladder accidents. Also, climb down from the ladder when you need to reposition it. Never move a ladder when there is someone on it.

Barrett Law PLLC:  Help for Mississippi Workplace Accident Victims

If you got hurt in a ladder accident at work, get help from a Mississippi Workplace Accident Attorney right away. Workplace accident attorneys have an in-depth understanding of worker’s compensation law, and they work to help people just like you obtain the financial recovery that they need. To learn more, call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577.

When you hear people talk about inhumane working conditions in factories, you might think that they are speaking about a historical event, like the deplorable conditions and child labor that were common in factories during the Industrial Revolution. Alternatively, you might think that they are talking about foreign manufacturing plants, where workers are paid little and expected to produce much. Surely inhumane working conditions are a thing of the past in America – or are they? A look into some of the workplace accidents that occur in American factories reveals the dangers that are present in American manufacturing jobs and the sorry state of the American manufacturing workplace.

The growth of the auto parts industry in the American South provides an example of how foreign competition affects domestic workplace safety. American factories compete for low-margin orders against Asian and Mexican suppliers by promising delivery schedules that they cannot reasonably expect to meet. In efforts to avoid the enormous financial penalties that they will face if they fall short of those plans, manufacturers schedule their employees to work crazy schedules for months on end. The workers are not paid well, especially in light of the intense pressure to perform that they experience day in and day out, job satisfaction is low, and turnover rates are high. Perhaps even more importantly, safety is sacrificed at every turn, and the risk of injury and death is just as high in some of these American factories as it is in the Asian and Mexican plants that cause us to gasp in horror when we see them on the news.

The risk to American auto parts manufacturing workers is not evenly distributed across the country, either. Workers in the South get paid seventy cents per dollar earned by their counterparts in the Northern states where more of the manufacturing labor is organized. Labor unions are much less prevalent in the South, so workers there enjoy fewer of the safety and financial protections that organized labor can provide. OSHA is aware of the discrepancies in safety and fairness among manufacturing plants in various regions, and it is doing its best to address workplace safety violations in the South. Unfortunately, OSHA cannot move fast enough to prevent the frequent, serious and sometimes even fatal manufacturing accidents that occur in our region.

The accidents that occur in manufacturing facilities in the American South are tragic. Workers are being asked to continue working when they are very tired, which increases the risk of injury. They also keep assembly lines rolling, even when machinery shows signs that it is malfunctioning. For example, a man lost his finger while operating a punch that had been performing strangely all day. The punch got stuck, and then it fired suddenly, amputating his finger.

Employee training in many foreign-owned American auto parts manufacturing plants is severely lacking. For example, Ajin USA, the company that owns the facility where a young woman died after being impaled by and trapped in a robot on an assembly line, was charged with numerous OSHA violations both before and after the tragic incident. Some of those violations were connected with eight incidences of digit amputation by welding machines in that facility, indicating that unsafe conditions at that plant and others are allowed to persist even after accidents occur.

Barrett Law PLLC:  Representing Injured Mississippi Workers

If you got hurt at work, get help from a Mississippi Workplace Accident Attorney. Call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to learn more.

Auto parts manufacturing is a growing industry across the American South. While the factories and the jobs that they provide do benefit the local economy and provide jobs for many people, there are risks associated with working in automobile parts manufacturing facilities. The machines that are used to make auto parts are diverse and complex. Workers who use the devices are supposed to receive training on how to use the machines, and what to do when they malfunction to keep themselves safe. A horrific accident at an Alabama parts manufacturing plant illustrates just how dangerous the equipment in auto parts manufacturing facilities is.

A young woman got killed at the Ajin USA plant in Cusseta, Alabama. One day, she was working with a robot which mounted pillars for side view mirrors on dashboard frames. The machine often stopped when bolts got stuck in it, and when the machine stopped that day, the team that was working in that area called the facility maintenance crew to come and fix it. The woman and her co-workers watched and waited, becoming more and more impatient as time passed because they had quotas that they were expected to fill. The pressure to fill quotas and work quickly is a common characteristic of auto manufacturing plant jobs.

Unfortunately, the pressure to fill quotas and to fill them quickly can cost lives, when workers take matters into their own hands, as evidenced by what happened next. After a while of waiting, the young woman grabbed a screwdriver and went into a screened-off area around the robot. She tried to clear the fault herself, and as she did, the robot turned on and pinned her against a steel dashboard frame. The robot impaled her upper body with a pair of welding tips. A co-worker activated the emergency shut-off, and the young woman got trapped in the machine. Co-workers tried to free her from its grasp to no avail. Someone went to get a maintenance person, and another person called for help. The maintenance worker did not know how to free the woman from the robot, but when emergency personnel arrived at the plant, they locked out the robot’s emergency power switch so that it could not reactivate and extracted her from the machine. The young woman got rushed to the hospital and then airlifted to a trauma center. She died as a result of her injuries the next day.

Locking out an emergency power switch is an essential safety procedure that factory workers at all kinds of industrial facilities should be trained in and equipped for. Under Federal law, no one is supposed to examine an industrial machine or robot without first having locked out the switch. It is alleged that workers at the Ajin plant did not have access to safety locks or lockout training.

Barrett Law PLLC:  Help for the Families of Victims of Fatal Mississippi Workplace Accidents

If someone that you love lost their life in a manufacturing facility accident, it is imperative that you get assistance from a Mississippi Workplace Accident Attorney. Workplace accident attorneys understand worker’s compensation law, as well as the dangers of modern workplaces of all kinds. They work to serve families like yours in their times of need. To learn more, call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to schedule a consultation.

Last year, a man died after he got struck by a forklift at the Armstrong Flooring in Jackson. Forklift accidents are a common cause of workplace injuries and deaths across America. Forklifts are in many different types of workplaces, so it is important that all workers who encounter forklifts in their workplaces know about the dangers of forklift accidents so that they might be able to avoid them.

Forklifts are involved in approximately one percent of factory and warehouse accidents, yet the injuries caused by those accidents are often serious and sometimes even fatal. About eighty-five people die in forklift accidents each year. Nearly thirty-five thousand people are seriously injured by forklifts every year, and another sixty-two thousand receive non-serious injuries in forklift accidents.

The most common type of workplace accident involving a forklift occurs when the forklift tips over. It is not surprising that this is how many forklift accidents happen, because of the nature of forklifts and the functions that they perform. Forklifts are very heavy, weighing in at approximately three times the weight of an average car. They do not have brakes in the rear, only in the front, and this, combined with their unevenly distributed weight (more in the rear, less in the front where the forks are) makes them handle much differently than the passenger vehicles that people drive every day. Sometimes, it’s hard for a forklift driver to see around the large or awkwardly shaped load on the front of a forklift, and this increases the risk of a collision with a person or an object. When a forklift is lifting a heavy load to a high place, there is the danger that the load will fall or the forklift will tip.

Fortunately, there is room for improvement as far as forklift accidents are concerned. The Occupational Safety & Health Administration (OSHA) estimates that the number of forklift accidents could be reduced by over half if the people who operate forklifts and work in places where forklifts are in use received more comprehensive training about how to run them and work near them safely. It is possible to prevent injuries by installing barriers around forklift work areas to keep pedestrians safe. Shields and barriers that can be placed on doors, corners, shelves, and other areas to prevent property damage from forklift impacts.

Barrett Law PLLC:  Helping Workers Injured in Mississippi Workplace Accidents

If you work in a facility where there are forklifts, you are at risk for a forklift injury whether or not you operate or work with the forklifts yourself. If you got hurt in a forklift accident or someone that you love was killed in a forklift accident, it is crucial that you seek assistance from a Mississippi Workplace Accident Attorney. Your attorney knows the details of worker’s compensation law, and they can help you navigate the claims process. If you have questions about worker’s compensation or workplace accidents, call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to schedule a consultation.

Last summer, the United States Occupational Safety and Health Administration (OSHA) changed some of its workplace safety rules and increased its citation structure to encourage employers to be diligent in keeping workers safe and fulfilling their regulatory obligations. Some information about the rule changes may have been passed along to some employees in some workplaces, but many employees may have no idea that some of the rules have changed, let alone how any of the changes apply to them.

Some of the OSHA rule changes involve the procedures for tracking and reporting illnesses and injuries that occur in the workplace. Some employers must now begin submitting illness and injury information to OSHA electronically. This is not a huge change because the information that must be submitted is information that they were already required to collect and keep under previous OSHA rules.

While the electronic filing requirement is important, only some individuals are likely to be aware of it, particularly those people who will be submitting the information to OSHA as part of the work that they do. All employees may be more interested in learning about another change in the OSHA rules, the anti-retaliation provisions. In the interest of collecting accurate data regarding workplace injuries, employees must feel safe reporting injuries and discussing the details of their injuries. Employees who fear retaliation are unlikely to disclose the types of information that OSHA wishes to collect, and so OSHA has created three provisions that it hopes will create a workplace atmosphere in which employees feel safe reporting the details of their injuries.

You may have seen a poster in your workplace that reads “Job Safety and Health – It’s the Law.” This poster, along with statements in your employee handbooks and orientation materials fulfill your employer’s obligation to let you know that you have the right to report any and all workplace injuries. Also, your employer must have a reporting procedure for injuries and illnesses which is reasonable. If the reporting policy at your workplace discourages employees from reporting illnesses or injuries in any way, it could be a violation of this provision. Thirdly, employers are not allowed to retaliate against employees who report work-related lionesses or injuries by having incentive policies, drug testing policies, or disciplinary policies that would have a retaliatory effect.

Sometimes, it can be hard to distinguish between a retaliatory disciplinary policy and one that is not retaliatory. For example, it is okay for an employer to impose disciplinary consequences upon an employee who violated one or more safety rules, even if they got hurt while they were violating the rule. In contrast, it is not acceptable for an employer to terminate, reassign, harass, or suspend an employee merely because they reported an injury. There must be a valid grounds for any termination, suspension, or reassignment.

Barrett Law PLLC:  Representing Injured Workers Throughout Mississippi

If you got hurt at work, report your injury to your employer right away. Reporting injuries and illnesses in the workplace is your right, and it is important that you follow the proper procedure for reporting the injury so that you can file a claim for worker’s compensation if such a claim is appropriate in your situation. Worker’s compensation claims can be complex and time-consuming, so it is best to get help from a Mississippi Workplace Accident Attorney. Please call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC today, at 1 (800) 707-9577 to schedule a consultation.

Workplace accident cases seem to have a language that is all their own. The terms that are used in workplace accident cases often define the outcomes of those cases. Anyone who has gotten hurt at work is likely to find themselves immersed in a sea of unfamiliar words that will be used to determine whether they receive compensation for their injuries and how much compensation they will get.

One recent workplace injury case in Mississippi sheds some light on what it means to be employable. The Mississippi Court of Appeals’ decision in Hathorn v. ESCO Corp., No. 2015-WC-01528-COA (Miss. Ct. App. 11/15/16) tells us that there is a difference between being unable to find a job and being unemployable.

The case involves a man who hurt his hand when he was operating a grinder at a facility that makes steel parts for mining equipment. His injury was deemed compensable, and he was eventually able to return to work with medical restrictions. His doctor told him not to use a grinder or lift more than fifty pounds, so he did janitorial and maintenance tasks, and he ran errands. He worked in this way for over a year, and one day he was asked to operate a forklift, so he did. That evening, his hand swelled up dramatically, and he went to see his doctor. The doctor examined his hand and told him not to do any more work involving forklifts.

A couple of weeks after the man had been told by his doctor to refrain from operating forklifts, his employer asked him to use one again. The man asked whether someone else could do it because he could not, and told his superiors that he was medically unable to operate the forklift. He was placed on leave and given a few days to obtain a note from the doctor to certify that he was medically unable to operate the forklift. When he did not produce the note within the prescribed amount of time, he was fired for insubordination.

As a result, the man looked for work, but he was unable to find a job. The fact that he had been working for over a year, taken together with the fact that he was able to perform a range of different tasks while he was working show that he can do at least some types of work. While this man may not be as employable as a person who has no medical restrictions on the types of work that they can do, the man’s injury does not make him unemployable. It also does not seem as though the man exhausted all of the possibilities during his job search – he admitted that he did not look for security, maintenance, or housekeeping jobs, even though he has the skills and the physical abilities to perform at least some jobs in those fields.

Barrett Law PLLC:  Representing Workplace Accident Victims Across Mississippi  

If you got hurt on the job, it is important that you know that you do not have to learn and apply the language of worker’s compensation all on your own. The Mississippi Workplace Accident Attorneys at Barrett Law PLLC are here to guide you through the worker’s compensation claims process while you work on recovering from your injury. Please call us today, at 1 (800) 707-9577 to schedule a consultation.

The Mississippi Supreme Court recently issued a worker’s compensation decision that addresses a somewhat unusual but not completely unheard of employment scenario – the situation in which a premises owner acts as its contractor. The case involves a man who got severely burned while he was working at the Chevron refinery in Pascagoula. At the time of the accident, Quindon Thomas worked for a company called American Plant Services (APS), with which Chevron had contracted to perform maintenance services at its refinery. In 2012, Thomas was at the Chevron refinery, doing maintenance work, when a Chevron employee that was working in close proximity to Thomas opened a valve which released hot water, steam, and coke onto Thomas, severely burning most of his body.

After he was injured, Thomas collected worker’s compensation from Chevron as was provided for by a 2010 contract between Chevron and APS that established that Chevron would provide workers’ compensation insurance for all APS employees who were working at the Chevron refinery through Chevron’s Owner-Controlled Insurance Program (OCIP).

After Thomas had exhausted the worker’s compensation insurance policy limits, he and his wife tried to sue Chevron over dangerous conditions at the refinery. The circuit court ruled against Thomas, and he appealed the decision to the Mississippi Supreme Court, which recently issued decision NO. 2016-CA-00101-SCT in his favor. That decision allows Thomas and his wife to bring a suit against Chevron for damages that he sustained as the result of dangerous conditions at the refinery. Specifically, Thomas and his wife plan to sue Chevron and the employee who opened the valve for negligence and premises liability.

Chevron had sought immunity from that suit, claiming that it was Thomas’s statutory employer, and, as such that it was entitled to immunity from the lawsuit under the Mississippi Worker’s Compensation Act’s exclusive remedy provision. Specifically, Chevron claimed that Mississippi Code Section 71-3-91 granted it immunity from tort liability because it had acted as its own general contractor in providing worker’s compensation benefits to Thomas. Thomas asserted that premises owners are often employers who carry workers’ compensation insurance and who contract with other people who are not their employees to perform work on their premises. In fact, he references the worker’s compensation coverage contract between Chevron and APS which clearly labels APS as a contractor, thus negating Chevron’s assertion that he was their statutory employee. The Court’s ruling states that Chevron may not obtain immunity from tort liability by voluntarily purchasing worker’s compensation benefits for APS’s workers.

Barrett Law PLLC:  Help for Families Affected by Mississippi Workplace Accidents

If you work as a contracted employee on another company’s premises, Mississippi Supreme Court’s decision in the Thomas case may apply to you under certain circumstances, depending upon the nature of the contracts between your employer and the owner of the premises. This case illustrates that not every worker’s compensation case is simple and straightforward, in fact, they rarely are. If you were injured on the job, it is best not to take any chances when pursuing a claim for compensation. A Mississippi Workplace Accident Attorney understands the nuances of worker’s compensation law, and they can take over the task of pursuing your claim for damages so that you can devote your time and energy to healing from your injury. To learn more, call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (800) 707-9577 to schedule a consultation.