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Workplace Standards for Biotech Industry Questioned

Posted on May 28th, 2010 No Comments

Biotechnology labs involve a growing number of risks for employees and possible injury.  With advances in science and technology, many critics say the biotechnology industry has far too little regulations preventing hazardous conditions.  These beliefs are confirmed by the head of the federal Occupational Safety and Health Administration’s opinion that their 20th-century standards have not caught up to the 21st-century reality of the biotech industry.

“Worker safety cannot be sacrificed on the alter of innovation.  We have inadequate standards for workers exposed to infectious materials” stated David Michaels, director of OSHA.

In order to try and change this, OSHA began acquiring information on the negative effects working with infectious agents.  From 1979-2004, there have been nearly 1,500 symptom causing infections in biotech laboratories, 36 of which resulted in death.  Around half of these cases occurred in research laboratories, and the other half in diagnostic laboratories.

In a recent case, former microbiologist Becky McClain working at the pharmaceutical research center for Pfizer, sued the company after suffering from temporary paralysis due to infection from one of their genetically engineered viruses.  Ms. McClain questioned the company’s safety conditions and claims this as the reason for her eventual firing.  Last month, the jury supported her fight and awarded her $1.37 million.

If you or someone you know has suffered due to workplace injury or conditions please contact the Raleigh workplace injury attorneys at Scudder & Hendrick, PLLC  by calling 919-851-3311.

Two injured in UNCG construction accident

Posted on May 28th, 2010 No Comments

Two construction workers were injured after the ceiling of a UNCG dorm collapsed on two, according to a university official.

Emergency crews responded to the accident at 3 p.m. to the scene and transported two workers to the hospital with leg and knee injuries that were sustained when part of the first floor ceiling of the Mary Foust Hall collapsed on the demolition subcontractors.

Renovations were taking place on a few of the dorms on campus and inlcuding refurbishing bathrooms, replacing windows, and upgrading the fire alarms. The condition of the two men is unknown at this time.

If you or a loved one has been injured in a workplace accident, contact the Raleigh workplace injury lawyers of Scudder & Hedrick, PLLC by calling 919-851-3311.

Massachusetts approves worker's compensation insurance cost decrease

Posted on May 14th, 2010 No Comments

Massachusetts lawmakers approved a 2.4 percent decrease in workers’ compensation insurance costs this week, to go into effect starting September 1. The money saved through this should amount to around $22.5 million.

The decrease marks the tenth rate reduction in the Bay State since 1994.

“Lowering the cost of workers’ compensation insurance is very much in keeping with our larger goal of improving the state’s business climate so that we can grow the economy and create jobs,” Gov. Deval Patrick said.

Paul Meagher, president of the Workers’ Compensation Rating and Inspection Bureau of Massachusetts, disagrees. The organization had lobbied for 4.5 percent increase in rates prior to the passage of the new rate decrease.

“In today’s uncertain economic climate, maintaining a healthy voluntary market for workers’ compensation insurance will likely be a challenge given the continuing increase in claims severity and low expected industry investment returns,” he said. “The WCRIBMA is committed to working with its committees, members, regulators, and other stakeholders toward our shared goal of a stable and healthy workers’ compensation market in the Commonwealth,” Meagher said.

If you are looking for legal advice when it comes to worker’s compensation, contact the Raleigh workers compensation lawyers of Scudder & Hedrick, PLLC, at 919-851-3311 today to learn more about your rights.

Compensation bill passes OK House

Posted on May 13th, 2010 No Comments

The previously proposed Oklahoma legislation to overhaul workers’ compensation recently passed in that state’s House of Representatives. Senate Bill 1973 will change the current compensation legal system by removing two of the judges from the court, taking the total number from ten to eight. Additionally, these judges will be limited to a single term of six to eight years, although current judges will be offered a single reappointment for an eight year term.

The legislation, if passed in the Senate, will define “major cause” in compensation cases. Also, it will exempt employers from injuries suffered outside employment, removing liability from them in these situations.

The legislation passed through the House with a 64-33 vote, and came through without an additional amendment that would have entirely dismantled the previous Workers’ Compensation Courts system, and simply ran all cases through the district civil courts.

Oklahoma state legislators were optimistic about the law’s potential to help employers through a tough economic period and, over all, smoothen the entire process for everyone involved.

If you or someone you love as been injured while working, you may be eligible for a range of legal options. Contact the Raleigh workers compensation lawyers of Scudder & Hedrick, PLLC, at 919-851-3311 today to learn more about your rights.

Indiana Supreme Court Sides With Farmers in Workers' Comp Lawsuit

Posted on May 7th, 2010 No Comments

The Indiana Supreme Court has ruled that an insurance company was wrong in denying coverage to an injured employee of an independent contractor under a farm personal liability policy.

According to court documents, Indiana farmers Rick and Katrina Taylor held a farm personal liability policy issued by Everett Cash Mutual Insurance Company and filed for coverage of injuries sustained by an employee of an independent contractor that was hired to paint a house, grain bin, and barn on their property. The Taylors sued Everett Cash for breach of contract after the company denied the claim citing an exclusion for workers’ compensation in the liability policy.

The court explained the case in its decision saying “on July 1, 2005, the Taylors employed independent contractor Sherlock Contract Painting… While painting, Sherlock employee Christopher Collis sustained injuries when he was shocked by an electrical wire and fell from a ladder… Collis filed a workers’ compensation claim against Sherlock.”

The court denied Everett Cash’s request for a summary judgement.

If you or someone you love has been injured on the job, you may be entitled to compensation from your employer to help cover the costs of your losses. To learn more, contact the Raleigh workers’ compensation lawyers of Scudder & Hedrick, PLLC, at 919-851-3311.

Exclusive Remedy Provisions in Workers' Compensation Laws

Posted on May 7th, 2010 No Comments

Workers’ compensation is a no-fault system in which workers are provided with benefits in they are injured in the course of their duties.

As a no-fault system, an employee does not have to prove that an employer was negligent to recover compensation. Additionally an employee’s negligence does not prevent them from receiving workmans comp benefits.

Workers compensation is designed to protect workers, but it also precludes them from suing employers in most cases. Provisions such as these are built into most state’s workers compensation laws and are called “Exclusive Remedy Provisions.” These provisions mean that if you are injured on the job the only way to obtain compensation is to file a workers compensation claim, which limits recovery as an employee is not entitled to punitive damages.

Injuries on the job can be common if appropriate safety measures are not taken to protect workers. If you or someone you love has been injured on the job, you may have a rightful claim to workers’ compensation for your injuries. For sound legal advice and assistance regarding your injury claim and workers’ compensation rights, contact a Raleigh workers’ compensation attorney of Scudder & Hedrick, PLLC, today at 919-851-3311.

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