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Mississippi Workers’ Compensation Lawyer Highlights Significance of Repetitive Stress Injuries

The majority of Mississippi employees might recognize that they have a right to pursue a workers’ compensation claim for medical care and forfeited pay when they suffer an on-the-job injury. Although the process might seem straightforward, there are many procedural, evidentiary, and substantive complications that can disrupt, compromise, or completely derail a claim. While most people think of workplace injuries as involving the consequences of a sudden mishap like a motor vehicle collision, fall from a scaffolding, or malfunction of heavy equipment, many job-related injuries are not so immediate and clear. When a person suffers a broken arm in a fall, the cause of injury and the adverse health impacts are often apparent. However, injuries that occur over a protracted period of time pose a more significant challenge when pursuing a workers’ compensation claim.

While some people might discount the severity and debilitating nature of an RSI, these injuries can be extremely serious and lead to permanent disability. An RSI is caused by repetitive motion or exposure to heavy vibration in the workplace. If you are tasked by your employer with engaging in jobs involving a fixed posture or awkward motions for a prolonged period without adequate breaks, this can result in an RSI. Many workplace activities in a broad spectrum of industries promote repetitive motion injuries, including heavy computer work, assembly line jobs, food preparation, commercial drivers, heavy machinery use, road work employees, cleaning staff, carpentry work, and typists just to list a few examples.

A number of types of movements tend to result in an RSI like jobs that require employees to maintain an awkward posture. In other words, tasks that entail a body remaining in a different position from a natural posture, such as stooping, side-to-side movement or backward flexing of the wrist, twisting, reaching up above shoulder level, and bending. Further, employees who engage in continuous use of the same muscles promote fatigue, such as twisting one’s neck to view a poorly positioned computer monitor or constant standing in one spot.

The human body is not well suited to monotonous assembly line or desk related tasks. The muscles and joints of the body need varied movement to promote good health. Contorting the body in atypical positions or repeatedly performing the same movements can cause stress that accumulates over time causing debilitating injuries. The development of many jobs that require employees to remain in uncomfortable positions for most or all of the work day has spawned an increase in RSI claims. When workers are stooped over computers for eight hours a day, they often suffer from back problems, carpal tunnel syndrome, neck injuries, and other RSIs. Similarly, continuous repetitive motion in manufacturing plants can result in tendons and muscle issues that frequently cause chronic joint pain.

While you might have experienced an injury without any precise and obvious cause, such an injury is just as deserving of compensation as a broken bone suffered in a fall. Our Mississippi workers’ compensation lawyers have successfully represented many injured employees during our decades of representing clients. At Barrett Law, our Mississippi Workers’ Compensation Lawyer is here to help. Contact our firm today at (601)790-7577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

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Is the Mississippi Worker’s Compensation System an Exclusive Remedy for Employees Injured after Placement by a Temporary Employment Agency?

With the difficult state of the economy, a growing number of employees have been forced to accept part-time or temporary employment often through a temporary employment agency.  When a worker is placed by a “temp agency,” especially as a laborer or factory worker, the employee faces the risk of suffering a workplace injury just like full-time employees.  Many people are aware that the worker’s compensation system provides the exclusive remedy against an employer for a work-related injury or occupational illness.  In the context of a temporary worker, a question frequently posed by a person placed with a manufacturing firm or other business is whether the worker’s compensation constitutes an exclusive remedy.

The United States District Court, S.D. Mississippi, Southern District in Cook v. Quickspray, Inc. analyzed this issue.  The employee brought suit against Accu-Fab after being placed by the Global Employment Services, Inc. and suffering injury in an industrial accident in the manufacturing company’s Moss Point Mississippi plant.  The placement was accomplished through execution of a contract between Accu-Fab and Global that provided Global would assume responsibility for paying the workers and retain all responsibility and control over management of worker’s compensation claims, including statutory compliance regarding employees supplied to Accu-Fab.

While working at the Accu-Fab plant, the worker was tasked with sandblasting and spraying a protective coating on large pipes.  He was exposed to a toxic substance when the material line connecting the pump to the spray gun ruptured.  Subsequently, he developed a silica-related lung disease.  When the worker filed a lawsuit against Accu-Fab for his serious occupational illness, the company claimed immunity from suit and alleged that the worker’s compensation system constituted the afflicted employee’s sole remedy.  The work was performed in the “blast yard,” which is an area that was segregated from the rest of the plant.

Accu-Fab contended it was immune from suit under the Mississippi Workers Compensation Act (MWCA) based on the “loaned servant” doctrine.  This doctrine provides statutory immunity to general contractors for injuries sustained by its subcontractors’ employees.  Under this analysis, Accu-Fab contended it qualified as a general or sub-contractor covered by this legal doctrine.

The appellate court first noted that a worker can be employed by more than a single employer simultaneously, and both employers can be shielded from liability by the MWCA.  The court indicated that this dual employment depends on three inquiries:

(1)   Whose work is performed;

(2)   Who has a right to control the worker; and

(3)   Whether the worker has voluntary accepted the assignment.

In applying these factors to the facts, the court initially observed that the worker was solely performing tasks for Accu-Fab by using the tools and materials of the company.  Supervisors at Accu-Fab also directed and controlled his work.  Finally, the worker voluntarily accepted the assignment since he had been employed there for approximately five months.

The plaintiff disputed that the “loaned servant” doctrine applied because he was not engaged in normal or typical work of the company.  He indicated his task of applying a protective coating with a Quickspray pump was different from the manufacture and fabrication of storage tanks.  However, the court disagreed and indicated the relevant task performed by the worker constituted a stage in the process of producing the industrial tanks.

Because the employee was determined to be a “loaned or borrowed employee” under this criteria, then worker’s compensation benefits constituted an exclusive remedy.  While his personal injury lawsuit against Accu-Fab was not permitted to proceed, he might have a remedy against another third party (i.e. a non-employer) depending on the facts.

Our Mississippi worker’s compensation attorneys represent injured employees in worker’s compensation claims and third party lawsuits against third parties.  We can determine your specific rights against the different parties who might have been involved in causing your injury or occupational illness.  At Barrett Law, we are here to help.  Contact our seasoned Mississippi Worker’s Compensation Lawyer today at (601) 790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

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Overview of the Mississippi Workers’ Compensation Law and Commission

Thousands of workers in Mississippi are injured or killed every year on the job.  After an injury or death, these individuals or their families are left to sort out the consequences of workplace injuries and figure out how to put the pieces of their lives back together.  Naturally, many individuals or their families have questions about suing the employer for the injuries sustained or for the loss of the life of a loved one.  In fact, many of these individuals and family members often seek the advice of our law firm about their legal options.  This article summarizes the rights of an individual injured as a result of a workplace accident in Mississippi.

Nearly all states have established some form of mandatory workers’ compensation insurance cover by employers for employees injured or killed as a result of a workplace accident.  The federal government also has a workers’ compensation program for federal employees injured or killed on the job.  Benefits are provided on a no-fault basis.  Employers pay workers’ compensation premiums, which premiums vary based upon a number of factors.  These factors include the type of business in which the employer is engaged; the history of other injuries and deaths of employees of the employer; training and safety programs utilized by the employer; and hiring practices.  Workers compensation premiums can range from a few thousand dollars a year to hundreds of thousands of dollars or more every quarter.

In exchange for the mandatory nature workers’ compensation insurance, employers receive the benefit of severe restrictions on the ability of employees to sue employers for workplace or work-related injuries or deaths.  In all states in which a mandatory workers’ compensation program exists, jurisdiction for lawsuits against employers for work-related injuries or deaths is limited to a specific agency handling only these types of matters.  In Mississippi, the agency is the Mississippi Workers’ Compensation Commission.

The Mississippi Workers’ Compensation Commission was established in 1948 as a result of the passage of the Mississippi Workers’ Compensation Law.   The Commission is responsible for overseeing claims that are filed under the Workers’ Compensation Law.  Under the Workers’ Compensation Law, an employee is entitled to payment for medical benefits and payment for lost wages.  The amount of benefits to which an individual is entitled is based upon very detailed schedules of injuries.  Medical charges are also subject to very detailed schedules of reimbursement rates.   The family of an individual who has died as a result of a workplace accident or injury is entitled to benefits in the form of prospective wages of the deceased individual, as well as funeral expenses up to $5,000.00.

Benefit payments are made for a maximum of 450 weeks.  This duration is for permanent and totally disabling injuries or death; less severe injuries will be covered for a shorter duration, depending upon the nature of the injury.  For the year 2013, the maximum weekly benefit payment is $449.12; the maximum lifetime benefit is $202,104.00.

If the employer or insurer does not commence paying benefits as required under Mississippi law, or an employee believes he or she is not receiving all of the benefits to which he or she is entitled, an employee should file a claim with the Mississippi Workers’ Compensation Commission.  An employee has two years after the date of an injury to file a claim with the Commission for workers’ compensation.  The Commission has its own judges that operate outside of the traditional judicial system to evaluate and rule on workers’ compensation claims.

Barrett Law, PLLC has significant experience representing individuals injured or killed in the workplace in the Lexington, Mississippi, area.  If you or a family member has been injured as a result of a workplace accident or other act, please contact our office today to schedule an initial, no-cost consultation to discuss your rights.  We can be reached (601) 790-1505.

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Bureau of Labor Statistics Releases Report Regarding Fatal Occupational Injuries in 2012

The United States Department of Labor, Bureau of Labor Statistics is an independent federal agency that gathers, analyzes, and monitors statistics regarding working conditions, among other things.  One of its programs, the Injuries, Illnesses, and Fatalities program, provides annual information regarding work-related injuries, illnesses, and fatalities.  This annual information is compiled and released in a report known as the Census of Fatal Occupation Injuries.  More specifically, the program monitors how these events vary by factors including industry, occupation, and geography.

On August 22, 2013, the Bureau of Labor Statistics released its preliminary results of fatal work-place injuries for the calendar year 2012.  The Bureau will finalize the preliminary results in the Spring of 2014.  The results of the Report are discussed below, but a full copy of the Report can be accessed at http://www.bls.gov/news.release/pdf/cfoi.pdf.

As the Report reflects, 4,383 fatalities occurred at the work place throughout the United States in 2012.  This number represents an overall decrease from 2011, in which 4,693 fatalities occurred.

Fatalities decreased among Caucasian and Hispanic workers, but increased among African-American and Asian workers.  Fatalities among the youngest workers—those under 16 years of age—dramatically increased, with 14 of the 19 deaths occurring in the agricultural industry.  Fatalities among older workers declined in 2012.

Transportation accidents accounted for over forty-percent of all fatalities, accounting for 1,789 deaths.  Over half of those accidents involved motor vehicle accidents.  125 fatalities occurred as a result of aircraft accidents.  Incidents of violence, including homicide and suicide, accounted for 767 fatalities, which occurred primarily as a result of shootings.  Falls, slips, and similar accidents lead to 668 deaths in 2012.  509 fatalities resulted from injuries sustained due to being struck objects or equipment.

Of all of the fatalities in 2012, 3,945 occurred in the private sector, which is a decline from 2011.  The decline occurred in both goods-producing and service industries.   The construction industry had the highest occurrence of fatalities, accounting for 775 fatalities.  This figure represents an increase over 2011, in which 738 fatalities occurred.  Specifically, drivers had the highest number of fatalities—741, followed by farmers and other agricultural workers—216, and construction laborers–210.  The transportation and warehousing industry had the second highest number of fatalities in the private sector, with 677 deaths resulting from this category of jobs.  This figure represents a ten percent decrease from 2011.  Fatalities in the private mining sector also increased in 2012, with fatalities in the oil and gas extraction sub-set reaching an all-time high of 138.

Fatalities among government workers decreased to 438 in 2012.   Many of these involved the occupation categorized as protective service occupations, including police officers and firefighters.

In 2011, the Census of Fatal Occupation Injuries began assessing fatalities occurring amongst contract workers.  In 2012, sixteen percent of all fatalities involved contract workers.  Falls, being struck by an object, and being hit by a vehicle were the three highest causes of fatalities amongst contract workers.

Geographically, Texas had the highest number of fatalities (433), followed by California (390), and Florida (226).  Mississippi had only 63 fatalities, but this was an increase over 2011, in which 60 deaths occurred.  Of these 63 fatalities, 22 involved transportation accidents; 13 involved acts of violence; 13 involved contact with equipment or an object; 7 involved falls, slips, or trips; and 3 involved exposure to harmful substances.

Barrett Law, PLLC has significant experience representing individuals injured or killed in the workplace in the Lexington, Mississippi, area.  If you or a family member has been injured as a result of a workplace accident or other act, please contact our office today to schedule an initial, no-cost consultation to discuss your rights.  We can be reached (601) 790-1505.

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