Diesel Exhaust Exposure and Lung Cancer

Lung cancer is the leading cause of cancer death in the U.S. - about 27% of all deaths from cancer can be attributed to this form of the disease, and more people die of lung cancer each year than of breast, prostate, and colon cancers combined. According to the American Cancer Society, men have a 1 in 13 chance of developing lung cancer in their lifetimes, while women have a 1 in 16 probability. And, unfortunately, the last several decades have seen little significant progress in lung cancer treatment.

Public awareness campaigns along with surgeon generals’ warnings have made most aware of the link between smoking and lung cancer. But other cancer causing substances may often go unrecognized, including many encountered during the course of a day’s work. One such substance of particular concern is diesel exhaust, a recently classified human carcinogen by the International Agency for Research on Cancer. While those who've been heavily exposed are clearly at a greater risk of harm, even infrequent diesel exhaust fume exposure can be hazardous, and some cities are beginning to grow concerned that diesel exhaust may even be an emerging public health hazard.

Workers especially at risk for excessive diesel exhaust exposure include truck drivers, bus operators, miners, railroad workers, and longshoremen. However, even minimal exposure can cause deleterious effects in workers who are repeatedly exposed to these fumes on the job.

Over 10,000 Americans die each year from work-related lung cancer. If you’re repeatedly exposed to diesel exhaust on the job and have developed lung cancer or another disabling condition, contact an experienced workers’ compensation attorney today to see if you have a workers’ compensation claim for lung cancer.

Training and Education for Workplace Accident Prevention

No matter the industry, it’s clear that educating employees about accident prevention is a cornerstone of ensuring on-the-job safety. Accordingly, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) maintains a grant program designed to help nonprofit organizations with funding for programs that facilitate these critical objectives. Called the Susan Harwood Training Grant Program, this fund makes available a total of $1.5 million to nonprofit, community and faith-based organizations, employer associations, labor unions, joint labor/management associations, and colleges and universities for accident prevention education.

The program targets two important areas for assistance: the development of materials for worker training and education along with training grants for specific safety topics, including fall protection in construction, agricultural safety, hair and nail salon hazards, and hazard communication for chemical exposure. While it’s essential that all workers receive adequate training for workplace safety, Susan Harwood grants particularly look to assist the education of underserved, low-literacy workers in high-danger industries. These workers are especially at risk for sustaining serious work injuries that merit workers’ compensation.

Workers Compensation and Occupational Overuse Syndrome

It’s clear that a small amount of discomfort may be an unavoidable aspect of many jobs. Whether it’s lifting heavy objects, typing for long periods of time, or just standing on your feet for hours on end, job-related exertion is, for many of us, simply a part of life. But if performing the same repeated movements at work has lead you to experience such symptoms as muscle spasms, strength loss, numbness, or moderate to severe aches and pains, you may have developed a condition known as occupational overuse syndrome.

Also referred to as work-related upper limb disorder, cumulative trauma disorder, or repetitive stress injury, occupational overuse syndrome often affects those required to perform certain physical motions over and over again at work. The condition can affect any worker, but most at risk are those performing tasks that involve repetitive and forceful movements of the arms and sustained awkward postures. These factors can result in an insufficient amount of blood reaching the muscles, tendons, and nerves, which is the main cause of repetitive stress injuries. Warning signs of occupational overuse syndrome can include:

• Pain
• Burning
• Tingling
• Swelling
• Numbness
• Weakness
• Loss of movement

Common injuries resulting from occupational overuse syndrome include carpal tunnel syndrome, rotator cuff tendinitis, and tennis elbow (epicondylitis).

Symptoms of occupational overuse syndrome tend to develop gradually but can progressively worsen without proper treatment. The resulting injuries can prevent you from performing your job and significantly affect your quality of life. You may be entitled to workers' compensation benefits if you've sustained a work-related repetitive stress injury, and our Pennsylvania workers' compensation attorneys are highly experienced at getting our clients the benefits that are rightfully theirs. Contact our firm today with any questions about your workers' compensation claim, or get started on a free claim evaluation.

Intoxication on the Job May Prevent You from Collecting Workers’ Compensation Benefits

It’s pretty clear that using drugs or alcohol while working is a bad idea. Not only is it unprofessional, but depending on your job, being intoxicated could bring up some serious safety issues that could put you and your coworkers in danger. But it’s also vital to note that if you suffer an injury on the job while under the influence of drugs or alcohol, your intoxication can significantly lower your chances of collecting workers’ compensation for your injury.

For the most part, if an employer can prove that intoxication was the cause of your injury, then the employer doesn't have to provide workers’ compensation for that injury. This is known as the intoxication defense. However, there are exceptions to this defense. In order to avoid paying workers’ compensation, the employer must show that your intoxication was in fact a substantial factor in causing the injury. Also, if your intoxication resulted from activities that were in pursuit of your employer’s interests (or if your employer encouraged you to drink) this defense may not apply.

An experienced workers’ compensation lawyer can explain the details of this area of workers’ compensation law to you and determine the best way to present your case. Overall, being intoxicated on the job can be a major obstacle to receiving workers’ comp benefits in addition to the blatant safety and professionalism issues it brings up as well. However, if you were injured at work by a coworker under the influence of drugs or alcohol, your case will not be affected. Regardless of your situation, our attorneys will take the time to evaluate your case and advise you of the best course of action in pursuing your workers’ compensation claim.

Avoidable Tragedies: Workplace Falling Injuries

The regrettable truth about accidents in the workplace is that far too many of these tragedies are preventable. Perhaps nowhere is this more apparent than in the construction industry, where falls are the leading cause of fatalities. According to the Occupational Safety and Health Administration (OSHA), over a third of work-related deaths in construction in 2010 were due to preventable falls.

In an effort to stem the tide of these tragic accidents, OSHA has introduced a fall prevention outreach campaign to call attention to the dangers of workplace falls. The campaign emphasizes three elements critical to preventing avoidable falling injuries:

• Plan. The need to plan ahead before tackling a job requiring working from significant heights is crucial. Planning involves determining how the job's tasks will be accomplished and, importantly, what equipment will be needed to ensure the safety of the workers completing those tasks. 


• Provide. Once the type of equipment necessary for ensuring workers' safety is determined, the employer must actually make that equipment available to workers. This can include certain types of ladders, scaffolds, and safety gear, such as personal fall arrest systems. 


• Train. Even the best safety equipment available is useless without the knowledge necessary to use it properly. Employers should train workers both in the use of all equipment and hazard recognition as well, so employees can identify and avoid dangers before they become a safety threat. 

By adhering to these three simple guidelines, employers can drastically reduce the occurrence of preventable falls and resulting workers' compensation claims as well. Avoidable workplace tragedies needn't plague our workers when workplace safety is made a top priority.

Should NFL Athletes be Collecting Workers’ Compensation From Out of State?

A bill introduced in California would largely prevent professional athletes like those in the NFL from filing cumulative trauma workers’ compensation claims in California if they had not retired from a team based in that state. Spokespeople representing several professional sports associations contend that athletes from teams outside of California are cashing in on workers’ compensation benefits from the state, raising team costs as well as costs of workers’ compensation for all employers in California.

However, NFL players point to the fact that they pay income taxes in California for each game they play there. This, they argue, should allow them to apply for workers’ comp in the state regardless of the home state of their team. Officials for the leagues have asserted that the intended purpose of the bill is not to curb the ability of legitimately injured players to obtain workers’ compensation benefits but merely to establish standards. The bill is scheduled to go before the Assembly Insurance Committee next week; here's the bill in its entirety.

Though not directly applicable to workers’ compensation in Pennsylvania, the California bill does present an interesting question of workers’ comp law. While it’s important to keep costs down and establish standards, the right of workers to appropriate compensation for injuries suffered on the job, regardless of profession, must always be preserved. And if you need to file for benefits, our workers’ compensation attorneys are the best in the business; contact us now for a free evaluation.

Asbestos: Still a Serious Health Threat

Last week was National Asbestos Awareness Week, a relatively new occasion intended to increase awareness about the serious dangers of asbestos exposure. Although the use of asbestos has greatly declined, exposure still remains a major threat to the health of workers who repair old buildings and indeed anyone who comes into contact with the material. It’s long been known that asbestos can cause fatal conditions like lung cancer and mesothelioma, yet asbestos still isn’t banned in the U.S.

A naturally occurring mineral fiber, asbestos was widely used as an insulator and fire retardant until its negative health effects became apparent. When asbestos is disturbed, tiny fibers are released into the air. If inhaled, these fibers can cause diseases such as the ones mentioned above, as well as other conditions like asbestosis, a serious lung disease.  It’s clear that workers in construction and demolition, for example, are at high risk for asbestos exposure, but anyone who disturbs the material can suffer adverse health effects. And with greater exposure comes a higher chance of developing a potentially deadly condition.

Thousands are diagnosed with mesothelioma annually, and thousands more die from an asbestos-related disease each year. If you've suffered from any health issues related to asbestos exposure and would like help with a workers’ compensation claim, contact our workers’ compensation attorneys today.