Our Massachusetts workers’ compensation lawyers have been reviewing the summary of 2010 workplace injuries and illnesses recently released by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS).

State-specific data has yet to be released by the department, but we have some concerns about the overall statistics presented in the report. Almost 3.1 million workers were injured or became ill while working in private industry jobs in 2010, which equates to 3.5 incidents per 100 full-time or equivalent employees nationwide. This indicated very little change from 2009.
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Employers have a responsibility to provide a safe work environment for their employees and keep potential hazards out of the workplace. Yet we frequently post about trench and fall accidents at Boston construction sites on our Massachusetts Workers’ Compensation Lawyers Blog. These severe and sometimes fatal accidents occur because employers don’t take the necessary precautions that are required by law or offer protective equipment to keep workers safe while they are working.

In reviewing the 2010 summary, we found the following to be true:

  • Almost 95 percent of the private industry sector cases were injuries, compared to roughly 5 percent reported illness cases.
  • More than 1.5 million reported illness or injury cases in the private industry sector were severe enough to require missed time from work, restricted duties or a job transfer. These cases are also known as DART cases.
  • DART cases in 2010 occurred at a rate of 1.8 cases per 100 full-time employees which was unchanged from the previous year.
  • Incidence rates for less severe cases (non-DART) occurred at a rate of 1.7 cases per 100 full-time workers which was a slight improvement from 2009 when the rate was 1.8.
  • Mid-size private industry work sites reported the most cases of injury and illnesses compared to the small establishments reporting the fewest number of cases. Mid-size establishments typically employ between 50 and 249 workers compared to small establishments that only employ 10 workers or less.
  • 2.2 million of the injuries recorded at work were in service-providing industries which equates to almost 76 percent of injuries in the private sector. The next highest recordable cases were in the goods-producing industries which was approximately 24 percent of injury cases.
  • Goods-producing industries also accounted for over 36 percent of illness cases at work in 2010 resulting in an incidence rate of 31.8 per 10,000 full-time employees. This was an increase from the 29.1 case rate reported in 2009.
  • Manufacturing industry sector was the highest subsector of goods-producing industries to report illness cases in 2010 recording the highest incidence rate among all industry sectors at 41.9 cases per 10,000 full-time employees.
  • State and local government workers reported roughly 820,300 illness and injury cases in 2010, which equated to 5.7 cases per 100 full-time workers.
  • Local government workers accounted for 4 out of 5 illnesses and injuries in the public sector reported in 2010. The rate of cases was significantly higher in 2010 for local government workers than state government workers at 6.1 cases per 100 full time employees to 4.6 cases respectively.

In a recent statement, Secretary of Labor Hilda L. Solis comments that better records need to be kept so that employers know what kind of illnesses and injuries are happening at their establishment. Many employers have a poor record-keeping system or practice in place which prevents workers from reporting when an incident occurs. Knowing what the problem is and how often it occurs is the first step in resolving issues and keeping workers safe in the future.

“As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth,” says Secretary of Labor Hilda L. Solis. “Let’s all remember that no job is a good job unless it is also a safe job.”

The Occupational Safety and Health Administration recently released updated materials and new documents for worker safety and health in several industries including construction. Employers are encouraged to provide these documents to employees and refer to them regularly in order to ensure that workers remain safe while performing job duties.
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We posted previously on our Massachusetts Workers’ Compensation Lawyers Blog that 2010 occupational deaths occurred at a rate of 3.5 per 100,000 full-time or equivalent workers, which equals on average roughly 12 people dying on the job every single day last year.

According to recent information released by the U.S. Department of Labor Bureau of Labor Statistics, the number of cases of workplace illnesses and injuries in Massachusetts and nationwide weren’t all that great either. There were more than 3 million private sector industry employers who reported an illness or injury caused by a job responsibility assigned to a laborer.
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Our Boston workers’ compensation lawyers know that construction is one industry where workers are in danger of risking their lives from fall accidents, transportation accidents or being struck by an object, but the recent Bureau of Labor Statistics (BLS) report indicated workers in the health care industry are also at considerable risk of illness or injury while performing duties on the clock.

In a recent statement, Secretary of Labor Hilda L Solis said “We remain concerned that more workers are injured in the health care and social assistance industry sector than in any other, including construction and manufacturing, and this group of workers had one of the highest rates of injuries and illness at 5.2 cases for every 100 workers.”

The following are key findings from the 2010 Occupational Injuries and Illnesses Summary:

  • In 2010, there was an incidence rate of 3.5 cases per 100 equivalent full-time workers, slightly down from 3.6 in 2009.
  • Incidence rates declined significantly for private industry workplaces in 2010 in total recordable cases.
  • The manufacturing industry was the only private industry sector to show an increase in incidence rates of illnesses and injuries. There were 4.3 cases per 100 full-time workers in 2009 which increased to 4.4 in 2010. There is some speculation that this had more to do with less hours worked than the actual decline in cases reported.
  • The private construction industry sector reported a 7 percent decrease in total recordable cases going from 4.3 cases per 100 full-time workers in 2009 to 4.0 in 2010. This decline primarily occurred due to the fact that specialty trade contractors reported a similar decrease reporting 4.3 cases per 100 full-time employees in 2010 which was down .3 from the previous year.
  • Social assistance and health care workers reported an illness and injury rate of 5.2 cases per 100 full-time workers in 2010. The 2009 case per worker rate was 5.4. This was the only industry sector to report more hours worked and employment opportunities for 2010 when compared to 2009.
  • Private industry workers reported 3.4 cases per 100 full-time employees which was unchanged from 2009.
  • Poisoning was an illness category that showed an increase in 2010 from 2009, reporting 3 cases per 10,000 full-time employees. The rate was .2 cases in 2009. The incidence rate for illness cases overall showed minimal change from 2009 to 2010.
  • National public sector incidence which included over 18 million local and state government workers occurred at a rate of 5.7 cases per 100 full-time employees in 2010.
  • Illnesses and injuries occurring at work should never go unreported. Workers’ compensation or disability claims can be complex and difficult to sort out so contact an experienced attorney to help get you on the right track to receive the compensation you deserve.

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A popular chain of supermarkets was recently fined by the Occupational Safety and Health Administration for failing to protect workers from work accidents in Massachusetts and in New Hampshire. The company, DeMoulas Supermarkets Inc. does business as Market Basket, and is now facing fines of nearly $600,000 after being cited with 30 violations. A majority of the violations resulted from the company failing to once again eliminate laceration and fall hazards after already being warned, and for not properly responding to a worker’s injury-resulting accident.
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“Employers with multiple locations have a responsibility to ensure safe and healthful working conditions at all of their workplaces,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

Our Boston workers compensation attorneys would like to reiterate the importance of safe work conditions for all employees. Regardless of the industry, employees are required to be protected from injury on the job. If a company is observed neglecting this obligation, it can face serious fines, penalties and potential shutdown.

The inspection of these stores started after a worker broke his arm and suffered from head trauma after an 11-foot fall to the concrete floor. In this accident there was an inadequately guarded storage mezzanine. The store didn’t deal with the accident properly. Instead of calling for professional help, store management got the worker a wheelchair, sat him by the receiving dock, and made him wait for a relative to come and pick him up to take him to the hospital.

Another inspection was conducted after a supervisor from OSHA witnessed the same type of fall hazard at another one of the company’s stores. At several stores, workers were not provided with adequate guardrails to help prevent falls.

The laceration dangers pertained to employees who worked in the bakery, deli and produce departments. Since the grocery stores failed to conduct hazard assessments, the workers were unnecessarily exposed to dangerous knives.

The company has previously been informed about both the fall and the laceration hazards. For neglecting to address these problems, the company was slammed with more than $260,000 in fines. A company is required to correct hazards after being notified by OSHA. When a company fails to make these corrections, serious penalties occur.

They also received nearly $226,000 in citations for the repeat violations.

The repeat violations were witnessed at the following stores:

-Andover
-Westford
-Tewksbury

-Fitchburg
-Ashland
-Salem
Other violations were handed over with fines of nearly $103,000. These fines were for failing to report the fall accident properly and for moving an employee who had been injured. Even more violations were handed out for failing to cover electrical equipment, lacking hand and eye protection, allowing employees to work near battery acid, and neglecting to keep the emergency eyewash station working correctly.
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A recent Massachusetts work accident took the life of an employee who was installing a new antenna and safety ladder on a television and radio news tower. The accident happened in Newton on Chesnut Street near I-95, according to the Boston Globe.
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The 1,000-foot tower is owned by American Tower Corporation. A spokesman for the company was not able to report exactly how high the worker was when the fall accident happened. The company says it has halted work at that site until a full review has been conducted.

Our Boston workers compensation attorneys understand the dangers that these types of workers face every day on the job. It’s not only these workers who are exposed to these dangers though. Workers in nearly every industry can be injured by a serious fall accident. According to the Bureau of Labor Statistics, there were nearly 5,000 fatal work accidents in the U.S. in 2010. Work-related fall accidents were ranked as the second highest cause of fatal work accidents in 2010. Transportation-related accidents still hold the number one spot for more fatality-causing work accidents.

Employers are required to make sure that all workers have the proper safety equipment to help prevent any on-the-job accidents. They’re also required to ensure that work sites are safe for everyone. These scenarios can get complicated when a third-party or a contractor is involved in an accident. For this reason, you are urged to contact an experienced attorney immediately if you or a loved one has been injured on the job.

Most common fall accidents in 2010:

-From a ladder: 20%

-From a roof: 18%

-Other/Unknown: 17%

-On the same level: 15%

-From a moving vehicle: 12%

-From a scaffold or staging: 7%

-Down steps or stairs: 5%

-From building girders or other structural steel: 3%

-From dock, floor or ground level: 2%

Fall accident occurrences are spread pretty evenly between male and female employees in all industries. There was a 1 percent variation for the number of accidents between men and women in 2010. In most other categories of fatal work accidents, men typically experience much more accidents. Fatal work accidents are also most likely to happen to those who are 65-years-old or older. Workers in the construction industry are most likely to be fatally injured on the job.

Aside from death, other injuries from fall accidents include:

Slip and falls accidents can cause other complications including:

-Incapacitation.

-Long-term medical complications.

-Broken bones and fractures.

-Spinal cord injuries
-Head trauma.

In Massachusetts, falls are the third-leading cause of death and the number one cause of injury-related emergency room visits and hospital stays. There were more than 420 fall-related fatalities in Massachusetts in 2006. Non-fatal fall accidents hospitalized nearly 204,000 people in the state, according to Massachusetts Health and Human Services.
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A recent Quincy work accident turned deadly on Route 3A. The accident happened when a worker fell from a bucket truck when it was hit by a tractor-trailer that was passing by, according to the Boston Globe.
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Michael Morrissey, the Norfolk District Attorney, reports that the 58-year-old worker of Braintree was working in the truck’s bucket on a traffic light at the intersection of Chubbuck and Washington Streets when the accident happened. After the collision, the worker was transported to the Boston Medical Center where he was later pronounced dead. The driver of the tractor-trailer who hit the bucket truck stopped at the scene of the accident and has spoken with police. The Occupational Safety and Health Administration is currently investigating.

Our Boston workers compensation attorneys know we’ve all been there. You’re running late for work and a utility truck or other type of construction vehicle is slowing up traffic. We’ve all thought about speeding by these traffic-slowing workers, but there’s nothing good to come of it. Ignoring workers and utility vehicles on our roadways is a recipe for disaster. There are construction zone rules and they’re there for a good reason, to save lives and prevent injury. There were more than 700 people killed in work zone-related accidents in 2008, according to WorkZoneSafety.org. There are thousands more of work-zone car accidents that result in serious injury.

Most commonly, these types of accidents are caused by motorists who fail to obey the reduced speed limits and other road rules. In these areas, both vehicle occupants and workers are at risk for a serious accident.

We offer you these safety tips to help to prevent an accident in a construction zone:

-Be sure to acknowledge all warning signs posted before such hazards.

-Always follow speed signs. Speeds have been reduced in areas in which dangers are present.

-Practice alert driving and curb all distractions.

-Put all of your focus on the road when you’re traveling near or through work zones and when you’re traveling near utility vehicles.

-Always drive through these areas with your headlights on so that your car is easily spotted.

-Never tailgate in the areas. Lane changes and stoppage in traffic heightens the risks for rear-end accidents.

According to the U.S. Department of Transportation, speeding is the number one contributor of traffic-related accidents in work zones and with utility vehicles. Whenever you’re near either of these scenarios, drive slowly and cautiously. Supervisors of road construction projects are to ensure that all of the proper safety precautions are taken before beginning work. Traffic flow needs to be monitored and altered to help ensure the safety of all workers.
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Construction workers are some of the most vulnerable employees for a fatal work accident in Massachusetts and elsewhere. We’ve previously discussed the dangers of trench employees and the oftentimes gruesome accidents witnessed in this industry, welling is relatively similar. A recent well-related accident in Hampden illustrated just how devastating they can be.
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In the recent accident, a 61-year-old Vernon, CT man fell into a well and was killed. The man fell about 12 feet into the well. Officers responded to the accident, but got there too late. The man was pulled from the well by emergence responders, but was pronounced dead at the scene, according to The Hartford Courant.

Our Boston workers’ compensation attorneys understand that this well-digging crew was a two-man team of experienced diggers. Many victims of these types of accidents are in fact specialized in this type of work, but without the proper safety precautions fatal accidents can happen.

“It was 60 years combined experience between them. It was an accident that was not foreseen,” said Jeff Dion, office manager at the well company, Stavens Brothers
The men were using a drilling rig that was nearly 70 feet tall. The accident happened when the hole was about 5 feet wide and nearly 20 feet deep. When the Vernon man fell, his partner tried to catch him, but was unable to as he lost his grip.

Officials aren’t sure what caused the man to fall.

The accident is currently being investigated by the Massachusetts Department of Industrial Accidents, the Massachusetts State Police and the Hampden Police Department.

Well-drilling companies should ensure the following to help ensure safe work sites:

-Create a site-specific safety plan that covers all employees and their specific scope of work.

-Consider enacting a medical surveillance program for employees who may be at risk for severe exposure to environmental contaminants above a permissible exposure limit. More information regarding these types of dangers can be found in the NIOSH Pocket Guide to Chemical Hazards.

-Provide respiratory protection for all employees to help to protect against site-specific contaminants on a case-by-case basis.

-Make sure that sites are tested for respiratory contaminants before beginning work.

-Make sure that your company has enacted some sort of hazardous waste operation to help dispose of any harmful materials.

-Use the proper decontamination processes to help ensure that all materials and workers are kept safe from hazardous materials. Decontamination materials may include disinfectants, organic solvents, surfactants, detergents and distilled water. These decontaminating materials should be used by brushing, absorbing or wiping off infected surfaces. Air compression is also acceptable.

-Make sure that all employees have been trained to discourage outside onlookers and know how to properly mark off a work zone with caution tape.

The proper training and the proper safety measures can help to eliminate potential dangers and hazards from a work site and can help to keep workers safe.
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Our Boston workers’ compensation attorneys recently discussed the dangers that workers face who work with, in and around wells. Trenching employees face some of the similar dangers as well employees. Both sets of workers face high risks for serious accidents if the proper safety precautions are not taken.
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Officials from the Occupational Safety and Health Administration (OSHA) are talking about the dangers that workers face in trenching operations as well. As a matter of fact, the Administration recently released three new guidance sheets that are filled with tools and tips to help these workers to stay safe on the job.

Workers who spend their day in trenches face the most risks for fatal accidents within the construction industry. There have been more than 200 employees who have died in trench-related cave-ins since 2003. Hundreds more workers have been injured in trench-related work accidents in Massachusetts and elsewhere.

“No worker’s life should end in a trench,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Cave-ins are some of the worst and most horrifying causes of death within the construction industry. Still, these gruesome accidents are some of the most preventable. This new guidance material is aimed at preventing some of these tragic accidents. Through the new material, employers and employees can educate themselves to take the proper precautionary steps to protect everyone working near trenches.

Information provided through the guidance includes:

-An updated fact sheet about the dangers that can be present when working in trenches. The sheet also provides a list of safety measures that are required to be used to protect these workers.

-A new QuickCard will be included to be referenced as a simple guide of safety measures and trenching hazards. The card will include graphics to provide a clear picture to workers and employers.

-A poster to place in dangerous areas that will alert workers and others to keep away will be included in the new guidance as well. This poster is to help remind workers that safety measures need to be taken to avoid a potentially fatal accident.

Here are some general excavation and trenching rules:

-Make sure that heavy equipment is kept away from the edges of trenches.

-Keep an eye out for other things that could possibly affect a trench’s stability.

-Keep spoils and other items at least three feet away from the edges of a trench,

-Make sure to locate any underground utility wires or pipes before digging a trench.

-Make sure that tests have been conducted to locate atmospheric hazards, like low oxygen, toxic gases or hazardous fumes when the trench is at least 4-feet deep.

-Make sure that all trenches have been inspected before the beginning of all shifts.

-Always inspect a trench after its rains or after any other form of water intrusion.

-Never work underneath a raised or suspended load when inside a trench.
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We recently discussed work-related heading loss on our Boston Personal Injury Attorney Blog. Throughout the entry, we discussed the statement that OSHA released stating that they were not going to go forward with the previously proposed “Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise” rule because there wasn’t enough resources or public outreach needed to do so.
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Recently, the Occupational Safety and Health Administration (OSHA) announced that it will be holding a meeting with stakeholders in an attempt to address comments, concerns and questions regarding the current occupational hearing loss prevention program. Our Boston workers’ compensation attorneys understand how important these types of initiatives are.

Unfortunately, hearing loss can take years to occur and may not be caused by a single accident. If you feel you’ve lost your hearing because of your job, it is critical for you to contact an experienced attorney to help to you determine the cause of the loss and to help you to collect the compensation you deserve.

This meeting will be held on November 3 and will be used to gather information from the stakeholders about the best and most effective practices and programs that can be used to conserve workers’ hearing. The meeting will also address feasible engineering controls and workers’ personal protection equipment for these types of incidents.

Although OSHA previously refused to pass additional proposed regulations to control occupational noise, they continue to claim that they’re going to do their best to work with stakeholders to prevent work-related accidents pertaining to employee’s hearing.

“Between 20,000 and 25,000 workers suffer preventable hearing loss every year due to high workplace noise levels,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Back in January, the Administration launched a consultation, outreach and education initiative to help prevent work-related hearing loss incidents. This November meeting is aimed to checking in and checking up on that initiative.

If you are interested in attending the meeting, you must register first. The deadline for the event’s registration is October 27.

Occupational hearing loss dialogue information:

Location: Frances Perkins Building, U.S. Department of Labor Address: 200 Constitution Ave. N.W., Washington, DC.
Room: N-4437 A/B/C/D,
Phone: 781-674-7374 Fax: 781-674-7200. All faxes should have a cover letter reading: ATTN: OSHA Preventing Occupational Hearing Loss: Stakeholder Meeting.” Please be sure to include your name, your contact information and the organization or company you’re affiliated with.

It is estimated that only 20 percent of employees who should be wearing hearing loss protection actually do. While this OSHA’s meeting with stakeholders is a step in the right direction, its failure to pass tougher rules to regulate noise pollution has not been forgotten. Workers who are likely to be affected by hearing loss-related work accidents are those in the mining, military, transportation, entertainment, manufacturing and construction industries.
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There’s a new guidance available to employees and employers to help to reduce the risks of nail gun-related work accidents in Massachusetts and elsewhere. The information is targeting construction workers and provides vital information regarding nail guns.

The guidelines were provided by the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA).
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Our Boston workers compensation attorneys understand that nearly 40,000 workers visit an emergency room every year because of nail gun-related injuries. This new release aims to help educate construction employees and other workers who use the devices to help improve safety on the work site. Many injury reports involving a nail gun are in fact preventable with the proper skills, training and safety precautions.

Workers in the construction industry, more specifically workers in the residential construction field, use nail guns on a daily basis. These tools help to move a job along swiftly with their easy-to-use design. Still, there have been an alarming number of both external and internal bodily injuries resulting from their use.

Nail guns can cause injuries by:

  • Bouncing off a hard surface and at you or another employee.
  • Missing the surface intended to be nailed and becoming airborne.
  • Falsely disabling the gun’s lock and safety features.
  • Other improper uses.
  • Lack of training.

These injuries can be prevented if employers and employees take preventative measures. Some of these measures can include using a full sequential trigger nail gun, establishing nail gun work rules and procedures, properly training employees with medical aid response and also by providing employees with their own personal protective equipment.

A recent study concluded that 2 out of every 5 residential construction employees suffer from a nail gun injury at least once in a four-year period. The study also concluded that 1 out of every 5 employees are injured twice and at least 1 in every 10 employees are injured two of three more times in the same time four-year period. Unfortunately, officials believe that many of these injuries are never reported and that the actual number of yearly injuries and deaths that are caused by nail guns is much higher.

Employers should go over the following with employees about nail gun safety:

-How to properly load a nail gun.

-How to operate the connected air compressor.

-How to safely fire a nail gun.

-How to secure lumber during placement work.

-What to do when nailing near ricochet-prone surfaces.

-How to hand awkward work positions, like working on a ladder or toe-nailing.

Employers are required to provide workers with the proper safety knowledge, skills, protections and education for work-related duties. When a worker is injured on the job, it is critical to contact an experienced attorney to help make sure that you receive the compensation you deserve.
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A recently released study published in the latest issue of Public Health Reports stated that the premium rates in the country have increased while interest rates on U.S. Treasury bonds and the Dow Jones Industrial Average have decreased, according to Futurity.
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Our Boston workers compensation attorneys understand that companies have recently been calculating their premium rates in comparison to their company’s returns from bond markets and stocks. Unfortunately, there are a lot of companies that are no longer calculating their premiums off of the number of claims that have been filed, which most likely has dropped significantly in recent years. We understand that companies are investing to receive a nice little monetary cushion to pay for existing claims. Unfortunately, when these companies that fail to collect on the fluffy cushion, then your premiums are upped in an attempt to regain their losses.

All too often, large companies play the game this way. They lower benefits for existing employees to help maximize their profits. Oftentimes it’s the employees who are injured or disabled that are the ones that suffer in this setup. This is yet another example of how these rates are not properly adjusted in accordance to the number of claims filed or reports of work-related accidents in Massachusetts and elsewhere.

Workers compensation trends are extremely important in organizing and finalizing premium costs. Policymakers use this information so that they can create regulations that can help to protect employees and can keep costs in order. The recent data that should be examined for new policies should come from the 2009 statistics that reported that there were approximately 3.5 billion reports of work-related illness of injuries. These reports cost employers about $74 billion.

Starting back in 1992, cases that required more than 30 days off the job were reported to the Bureau of Labor Statistics. Since the collection of this data, many researchers have sifted through the information in search of vital information, including the correlation between severe injuries and the effect of premium costs.

Researchers have concluded that even though the number of claims has decreased every year from 1992 to 2007, the rate of premiums continued to increase. Another key finding in this information is that the increase in premiums mirrored the Dow Jones Industrial Average and Treasury bonds.

Ironically, the number of injured workers had nothing to do with the rates of these increasing premiums. Unfortunately, policy makers oftentimes point the finger at accident statistics for the high premium rate hikes and the two have nothing to do with each other.

The bottom line is that legislators and insurance commissioners should focus directly on accident reports and claim rates when calculating premiums instead of focusing on insurance companies’ returns on investments. Workers have the right to be provided with fail and quality workers’ compensation.
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