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Worker's comp case helped by knowing OSHA rules

Discussion in 'Electrical Engineering' started by Gerald Newton, Oct 10, 2004.

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  1. A worker had a seizure on the job and passed out for 20 minutes. He went to
    the hospital. After $14,000 in medical expenses he was told he had a
    seizure and might have an anomaly in the brain (who doesn't.) His employer
    refused to pay medical expenses and refused to hire the worker back because
    the Dr. said the worker now has a disability. Worker comp refuses to help
    stating the seizure was not an on the job injury. The employer refuses to
    pay the medical bill.

    My analysis:
    This worker was perfuming steel erection at 20 and 30 feet up walking on
    beams and was not trained in or used a fall arrest system. This is a
    violation of Federal OSHA law. The worker was subjected to excessive stress
    that caused the seizure because the employer failed to provide the training
    and the fall arrest system.

    This is an actual case where I advised the worker to immediately hire an
    attorney.

    See my online OSHA Fall Protection course at:
    http://www.electrician.com/osha_training/fall/fall_c_files/frame.htm
     
  2. daestrom

    daestrom Guest

    Or, the worker may be an epileptic. Epilepsy affects many, many people in
    this country every year. A proper diagnosis of the cause of the seizure is
    important. If it *is* epilepsy, it may have been brought on by a head
    injury that happened months before. If the head injury was work related,
    then worker's comp is appropriate.

    Of course, siezures can be caused by other things (one of the most common is
    head trauma from a traffic accident). Some siezures *are* caused by
    anomolies that are genetic and not related to stress or trauma of any sort.
    If the siezure was caused by an illegal drug use?? Then the worker is SOL.

    Your analysis:
    Pure speculation hoping to 'put it to the man' because of your own personnel
    vendetta or something.

    You *should* have advised him that 1) he go back to the doctors and find out
    why he's having siezures. He probably shouldn't even be driving or
    operating machinery until that's resolved. And 2) he should contact OSHA
    about the requirements for fall-protection and required training. If the
    employer hasn't provided the necessary equipment and training, they are
    violating the law.

    daestrom
     
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