HOME HEALTHCARE WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Home Healthcare is an important field in California.  Many individuals require in-home services for a variety of medical conditions.  Home Healthcare Workers (HHCW) can be employed in a variety of ways including through the State.

This article will discuss Home Healthcare Workers, their tasks, and the occupational risks of HHCWs.

What Are Home Healthcare Workers? 

Per the United States Department of Labor, “[h]ome healthcare workers provide hands-on long-term care and personal assistance to clients with disabilities or other chronic conditions. These workers, who may be home health aides, personal/home care aides, companions, nursing assistants or home health nurses, are employed in patients’ homes and in community-based services such as group homes.”

What Tasks Do They Perform?

“Depending on their training and job duties, they help patients with activities of daily living such as meals, bathing, dressing and housekeeping, and may perform clinical tasks such as medication administration, wound care, blood pressure readings and range of motion exercises.”  USDL

What are The Home Healthcare Hazards?

Home Healthcare Workers are subject to a large variety of hazards.  They include bloodborne and biological pathogens, latex sensitivities, ergonomic hazards, violence, hostile animals, dangerous conditions and unhygienic conditions.

How Do These Problems Occur?

Bloodborne and Biological Pathogens: This can include saliva, urine and feces.  These can occur while performing injections or changing bags such as urostomy bags.

Latex Sensitivity: This can arise out of the use of gloves. Glove use can result in contact dermatitis.

Ergonomic Hazards:  This can arise from working at a patient’s home which is not set up in an ergonomic fashion.  For example, lifting may be required in an awkward position.

Violence: This most commonly arises in patients that suffer from dementia.  They have the capacity to act out in a violent fashion.  This can include being bitten, kicked, pinched, punched, scratched, or shoved.

Hostile Animals: This most commonly relates to aggressive family pets who may bite or jump on workers.  Additionally, they can be tripping hazards as well.

Dangerous Conditions: These conditions can arise from physical defects on the premises as well as exposures to drug residues, infectious agents and cleaning chemicals..

Unhygienic Conditions: Unlike hospitals, home settings may not have proper disposal of biological waste. This can result in transmission of pathogens.

Travel: Home Healthcare Worker may service more than one patient in a day.  Thus, there duties may include travel from one location to another

Environmental Hazards: This can include second-hand smoke, exposure to asbestos, exposure to lead paint and exposure to allergens such as dust and mold.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for over 28 years. Contact us today for more information.

 

RADIOGRAPHIC WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Radiology Workers have safety challenges when they perform their duties. They are exposed to a variety of things that make them susceptible to work injuries.

In event they get injured while performing their duties, they would be entitled to file a workers’ compensation claim to collect benefits and receive medical care.

This article will discuss the Radiology Worker Occupation, Industrial Exposures that place them at risk of industrial injury and the mechanisms of injury.

What Are Radiographic Workers?

Radiographic Workers are medical professions. They handle medical imaging of the human body.  There are many different technologies that are used to perform such imaging.  Imaging studies that that Radiologists can perform Computed Tomography Scan (CT), Magnetic Resonance Imaging (MRI), Nuclear Medicine Imaging (This includes Positron-Emission Tomography (PET)), Ultrasound, and X-Ray.

Some of these imaging studies require the patients to have dyes injected into their bodies to allow for enhanced imaging.

Radiographic Workers can work in both the public and private sections. They can work in hospitals, prisons and other medical facilities.

What Types of Medical Conditions Can Radiology Workers Be Exposed to at Work?

Radiology Workers can sustain industrial injuries to practically all body parts and systems.  Radiology Workers are at risk of infectious disease in the workplace. Radiology Workers are at risk of musculoskeletal disorders in the workplace. Occupational Health and Radiation Safety of Radiography Workers Hasna Albander

What is an Infectious Exposure? Are There Different Forms?

Infectious exposure is an exposure that is transmitted from one source into a host.  The term host refers to the infected person. Thus, the Radiology Worker becomes the host of the infectious disease. Essentially, these occupational exposures enter the worker’s body and causes illness.

How Many Forms of Infectious Exposures Are There?

There are six forms of Infectious exposure.  They are Direct Transmission, Indirect Transmission via Fluids, Indirect Transmission by vectors, Indirect transmission by Vehicles ,Indirect Transmission via Vehicles, Indirect Transmission via Airborne Media, and Indirect Transmission via Droplets. Occupational Health and Radiation Safety of Radiography Workers Hasna Albander

What Is Direct Transmission?

Direct Transmission is when the infectious agent is transmitted by direct contact of the infectious agent from one individual to a susceptible host (worker. CDC)  For example, direct transmission can be skin to skin contact.

What Is Indirect Transmission via Fluids?

Indirect Transmission by Fluids. An example of indirect transmission by fluid is urine.

What is Indirect Transmission via Vectors?

Indirect Transmission by Vectors. The term vector essentially refers to insect bites. Examples of transfer by vector would be bites from mosquitos, fleas and ticks.

What is Indirect Transmission via Vehicles?

Indirect Transmission by Vehicles is essentially when an object carries the infection. Examples of vehicles include a number of items such as food, water, biologic products (blood), and fomites (inanimate objects such as handkerchiefs, bedding, or surgical scalpels). CDC.

What is Indirect Transmission by Airborne Media?

Indirect Transmission by Airborne Media is when the agents are suspended in the air.  An example of this agents includes dust and droplets that contain microorganisms or spores.  CDC

What is indirect Transmission by Droplets?

Indirect Transmission by Droplets is when there is a liquid transmission. Eye, Nose or Mouth fluids are examples of this transmission. Thus, sneezing, coughing and tearing are forms of droplet transmission.

What Types of Illnesses Can Arise from Transmission?

Per the CDC, “[w]orkers in the healthcare industry are also at risk for influenza as well as airborne (such as tuberculosis “[TB]) and percutaneously transmitted (such as HIV) infection from patients” Su CP, de Perio MA, Cummings KJ, McCague AB, Luckhaupt SE, Sweeney MH. Case Investigations of Infectious Diseases Occurring in Workplaces, United States, 2006-2015. Emerg Infect Dis. 2019;25(3):397-405. doi:10.3201/eid2503.180708

What Are Examples of Cumulative Trauma Musculoskeletal Exposures of Radiology Workers?

There are a variety of ways that repetitive trauma musculoskeletal injuries are described in literature. This includes recurrence motion injury, repeated strain and cumulative trauma disorder. Occupational Health and Radiation Safety of Radiography Workers, Hasna Albander

Cumulative Trauma injuries can be specific to the imaging that the worker performs.  For example, “[c]omputerized technologists are more likely to experience spinal stress and RSI from intensive keyboard work. Intense keyboard work. RSI keyboard affects CTD ‘s hands and grips. Like tendinitis, carpal and ganglion syndrome. Occupational Health and Radiation Safety of Radiography Workers, Hasna Albander

Sonographers are also at risk for cumulative trauma injuries due to equipment design, low posture, constant transducer pressure, difficult movements, unsatisfactory breaks, and overall stress. Occupational Health and Radiation Safety of Radiography Workers, Hasna Albander

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

 

 

 

JANITORS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

A large part of the labor market is the occupation of Professional Cleaners.  They are also referred to as Commercial Janitors.  The Janitorial Occupation is susceptible for a variety of work injuries and occupational illnesses. Janitorial work presents unique risks for work injuries for those within the field.

This article will discuss Janitors, Janitorial Tasks, Industrial injuries and Occupational Illnesses that are prevalent within the Occupation, and the barriers that Janitors have with respect to filing claims.

What are Janitors?

Janitors perform a variety of maintenance tasks a variety of facilities. They use a multitude of tools and chemicals to perform their jobs.  They can engage in a large variety of repetitive physical tasks, ie. sweeping or mopping.

Janitors can work at institutions such as schools, hospitals, parks, and prisons.

Janitors can work in commercial buildings such as shopping malls, and they can work in residential properties.

What Are Janitor’s Risks of Industrial Injury?

Each type of facility can present unique risks of work injury for Janitors.

For example, hospitals and medical facilities can have significant amounts of potentially infectious biological material present.  Schools can have issues relating to mold exposure.

Further, the physical activities of being a Janitor may cause work injury.

What Types of Injuries Do Janitors Sustain?

There are a variety of work-related orthopedic injuries. These injuries relate, in part, due to the fact that “Janitorial work is repetitive and requires bending, twisting, and other motions that can lead to or exacerbate musculoskeletal disorders, such as arthritis” Using Behavioral Risk Factor Surveillance System Data as an Occupational Health Profile Washington State Janitors, 2011 to 2017 Anderson, Naomi J. MPH; Marcum, Jennifer L. DrPH Journal of Occupational and Environmental Medicine: September 2019 – Volume 61 – Issue 9 – p 747-753 doi: 10.1097/JOM.0000000000001652

Also, Janitors may sustain respiratory injuries relating to the cleaning chemicals that they use.  Further, they may sustain dermatological injuries due to wet work.

What Are the Injury Rates for Janitors?

In a Washington State Study, it was noted that “[t]he prevalence of self-reported work-related injuries in the past year was higher than that of all others …. Analyses of WC data indicate that work-related injury risk may be higher for the industry group containing Janitors than other industries2 overall and in several injury types, with women at particularly high risk.” Using Behavioral Risk Factor Surveillance System Data as an Occupational Health Profile Washington State Janitors, 2011 to 2017 Anderson, Naomi J. MPH; Marcum, Jennifer L. DrPH

Journal of Occupational and Environmental Medicine: September 2019 – Volume 61 – Issue 9 – p 747-753 doi: 10.1097/JOM.0000000000001652

Thus, the workers’ compensation industry both has a concern over janitorial injuries as well as an understanding that work injuries are common.  Thus, Risk Management handling Janitorial claims will work hard to manage these claims.  This can be done with respect to reporting requirements.  It can also be done with respect to return to work issues which can include modified work.

Do Janitors Have Emotional Issues?

Yes. Janitors, in the study, reported “being diagnosed with a depressive disorder ..significantly higher and has been reported previously.    Using Behavioral Risk Factor Surveillance System Data as an Occupational Health Profile Washington State Janitors, 2011 to 2017 Anderson, Naomi J. MPH; Marcum, Jennifer L. DrPH Journal of Occupational and Environmental Medicine: September 2019 – Volume 61 – Issue 9 – p 747-753 doi: 10.1097/JOM.0000000000001652

While this finding did not address work-relatedness, it is possible that the depressive disorder may be in party work-related in nature and give rise to a workers’ compensation claim.

Can Shift Work Impact Janitors?

Yes. Shiftwork has been connected to various medical conditions.

Shiftwork can cause issues of inadequate sleep.  Inadequate sleep can lead to other health issues.

Do Janitors Have Barriers in Filing Workers’ Compensation Claims?

Yes. There is some concern as to whether all janitor work injury claims are filed.  As noted in the study, “[l]ow-wage, immigrant, and/or Hispanic worker populations, including many Janitors, may also not be aware of the WC system (or how to navigate the system, if they lack internet access) or of their right to seek medical care for an occupational injury or illness. Janitors may also face barriers to reporting an injury to their employer, such as fear of consequences.    Using Behavioral Risk Factor Surveillance System Data as an Occupational Health Profile Washington State Janitors, 2011 to 2017 Anderson, Naomi J. MPH; Marcum, Jennifer L. DrPH Journal of Occupational and Environmental Medicine: September 2019 – Volume 61 – Issue 9 – p 747-753 doi: 10.1097/JOM.0000000000001652

If a Janitor is concerned about their employment situation if they claim a work injury, it is important for them to seek legal counsel to discuss their concerns to make a determination as to whether they should file the claim.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

EVEN TREATERS GET INJURED AT WORK: OCCUPATIONAL AND PHYSICAL THERAPISTS SUSTAINING INDUSTRIAL INJURIES:  MEDICAL PROVIDERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Occupational and Physical Therapists play a large role in helping Injured Workers recover from their industrial injuries.  In doing so, however, Occupational and Physical Therapists may be placing themselves at risk for sustaining a work injury. More specifically, both Occupational and Physical Therapist’s work activities can place them at risk for sustaining musculoskeletal disorders. These musculoskeletal disorders can include back problems, shoulder problems, and wrist problems.

The article will discuss Occupational and Physical Therapists, what activities they perform on the job that may be injurious to them, and the rates of injuries that occur for Occupational and Physical Therapists.

What is an Occupational Therapist (OT)?

Per the American Occupational Therapy Association, “occupational therapists …help people… participate in the things they want and need to do through the therapeutic use of everyday activities (occupations.)”

OT Programs can include “an individualized evaluation, during which the client/family and occupational therapist determine the person’s goals, [a] customized intervention to improve the person’s ability to perform daily activities and reach the goals, and an outcomes evaluation to ensure that the goals are being met and/or make changes to the intervention plan.”

What is a Physical Therapist (PT)?

Per the American Physical Therapy Association, “[p]hysical therapists are movement experts who improve quality of life through prescribed exercise, hands-on care, and patient education.”

“Physical therapists examine each person and then develops a treatment plan to improve their ability to move, reduce or manage pain, restore function, and prevent disability.”

What is the Difference Between an Occupational and Physical Therapists?

The Occupational Therapist focuses on the patient’s ability to perform work-related functions.  The Physical Therapist focuses on physical activities in general.

What Are The Work Activities That Are Injurious to OTs and PTs?

Transfers/Lifts and manual therapy have been found to be associated with musculoskeletal disorders. “Darragh AR, Campo M, King P. Work-related activities associated with injury in occupational and physical therapists. Work. 2012;42(3):373-84. doi: 10.3233/WOR-2012-1430. PMID: 22523031; PMCID: PMC3839086.  These activities have been found to impact the lumbar spine.  Supra.

Patient handling activities include (transfers, repositioning and patient lifting. Supra.

Manual therapy includes soft tissue work, joint mobilization, and orthopedic techniques. Supra.

Manual Therapy was found also found as a risk factor consistent risk factor for both injuries as well as gradual onset of WSMDs. Supra.  In workers’ compensation terms, this would be considered as a cumulative trauma injury.

With Respect to Musculoskeletal Disorders? Is There Any Difference Between OTs and PTs?

No. “Occupational (OTs) and physical therapists (PTs) have substantial and similar rates of work-related injury (WRI), musculoskeletal pain and musculoskeletal disorders (WMSD)” Darragh AR, Campo M, King P. Work-related activities associated with injury in occupational and physical therapists. Work. 2012;42(3):373-84. doi: 10.3233/WOR-2012-1430. PMID: 22523031; PMCID: PMC3839086.

“Darragh et al. reported an annual WRI incidence rate among OTs and PTs of 16.5 and 16.9 per 100 full-time workers, respectively.” Darragh AR, Campo M, King P. Work-related activities associated with injury in occupational and physical therapists. Work. 2012;42(3):373-84. doi: 10.3233/WOR-2012-1430. PMID: 22523031; PMCID: PMC3839086.

What Are Injury Rates for Activities?  What Do Therapists Think Are the Causes of Their Injuries?

“Manual therapy and transfers/lifts accounted for more than half of all injuries (54.0%), across all practice areas.” Supra.  “Manual therapy was the greatest proportion of injuries to the wrist and hand (69.1%).” Supra.  “Transfer and lifting activities were associated with 26.6% of injuries Over half of these injuries were to the low back (53.0%), followed by the shoulder (19.7%) and the head/neck (18.2%).” Supra.   “Other activities associated with injury included environmental and equipment interactions (10.9%), multiple activities (6.5%) and patient falls (5.7%)”

What Do Therapists Think of How They Get Hurt?

Therapists opine that force, awkward posture, repetitive motion, sustained posture, and fatigue were factors contributing to those type of injuries.  Supra.

For wrist and hand injuries, therapists opine that repetitive motion (experienced during joint mobilizations and range of motion activities), force (experienced during range of motion, soft tissue work, and joint mobilizations), awkward posture and sustained posture were factors contributing to those type of injuries. Supra.

For transfer and lifting activities, opined that “these injuries occurred both gradually because of repeated performance of transfers over time and more suddenly when a patient behaved in an unexpected way (grabbed the therapist, stumbled, or moved in an unexpected direction.) The majority of therapist identified force (72.7%;48/66), including overexertion and lifting, and awkward posture (54.5%; 36/66) as the primary contributing factors to their transfer injuries.” Supra.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

AGE, PHYSICAL DEMANDING JOBS AND MUSCULOSKELETAL DISORDERS: OLDER WORKERS AT RISK FOR WORK INJURIES AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

The Labor Market in the United States is aging. As a result, Older Workers are performing a large variety of task within the Open Labor Market. Older Workers performing more tasks that make them at risk for work injuries. This is the case with respect to musculoskeletal injuries. Musculoskeletal injuries are commonly known as orthopedics injuries which include medical conditions with respect to the spine, the upper and the lower extremities. A study was done with respect and there were some findings made.

This article will discuss Older Workers, injury rates for Older Workers, and laws which impact Older Workers’ Workers’ Compensation Claims.

Does Age Matter When Looking at the Risk of Work Injuries?

Age alone is not the issue. The type of labor is what is of import. In the labor market, there are jobs with minimal physical demands. There are other jobs which involve greater physical demands. Thus, some Older Workers perform light duty jobs such as receptionists or greeters. Other Older Workers perform more arduous jobs such as warehouse worker or construction worker.

The study, of interest, focused on jobs with physical demands.

Old Age combined with greater physical demands were relevant with respect to work injuries. See P. M. Smith, J. Berecki-Gisolf, Age, occupational demands and the risk of serious work injury, Occupational Medicine, Volume 64, Issue 8, December 2014, Pages 571–576, https://doi.org/10.1093/occmed/kqu125

It was found when the occupational [physical] demands were greater there was an increase of risk of injury. Further, “[t]he relationship between age and claim-risk was strongest when occupational demands were highest.” P. M. Smith, J. Berecki-Gisolf, Age, occupational demands and the risk of serious work injury, Occupational Medicine, Volume 64, Issue 8, December 2014, Pages 571–576, https://doi.org/10.1093/occmed/kqu125

Is the Increase Risk Associated only with Musculoskeletal Injuries?

It was found that “Older age was associated with a higher risk of work injury claims for both musculoskeletal and non-musculoskeletal conditions,” P. M. Smith, J. Berecki-Gisolf, Age, occupational demands and the risk of serious work injury, Occupational Medicine, Volume 64, Issue 8, December 2014, Pages 571–576, https://doi.org/10.1093/occmed/kqu125

Is there a Difference Between Musculoskeletal vs. Non-Musculoskeletal Disorders?

Yes. “with a slightly stronger relationship observed for occupational physical demands and risk of musculoskeletal, compared with non-musculoskeletal, conditions.” P. M. Smith, J. Berecki-Gisolf, Age, occupational demands and the risk of serious work injury, Occupational Medicine, Volume 64, Issue 8, December 2014, Pages 571–576, https://doi.org/10.1093/occmed/kqu125

Are There any Laws or Rules in Workers’ Compensation that Assist Older Workers?

Yes. Age is factored as part of the Permanent Disability Rating Formula.
Per the Schedule for Rating Permanent Disabilities, California Workers’ Compensation Law provides for an age adjustment which provides for an increase in permanent disability for ages 42 and older. It also scales up with age and tops out at age 62. The age used in this assessment is the age on the date of injury. There is a table upon which you obtain the figures. It is on Pages 6-1-6-5. See SCHEDULE FOR RATING PERMANENT DISABILITIES UNDER THE PROVISIONS OF THE LABOR CODE OF THE STATE OF CALIFORNIA (2005)

Are There Any Rules that Do Not Assist Injured Workers?

Yes. There is a legal issue of apportionment. Apportionment is a tool allowed to reduce an Injured Workers’ Award.

Labor Code Section 4663, provides that “[a] physician shall make an apportionment determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage of the permanent disability was caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries. See Escobedo v. Marshalls, CNA Ins. Co., 70 Cal. Comp. Cases 604, 2005 Cal. Wrk. Comp. LEXIS 71 (W.C.A.B. April 19, 2005). In Escobedo, the board indicated that apportionment of permanent disability can be made based on the preexisting arthritis in applicant’s knees was found acceptable. Note: Older Employees are more likely to have pre-existing arthritic processes which could allow for apportionment to be found.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

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