April 2011 Archives

April 21, 2011

2010 Louisiana Railroad Worker Safety Report Released By Federal Railroad Administration

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WORKER SAFETY REPORT - REPORTABLE CONDITIONS

Type of Job: Professional and Administrative
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Condition Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Cut/abrasion 1 1.3 0 0.0 0 - - 0 0.0 0
All 1 1.3 0 0.0 0 - - 0 0.0 0




Type of Job: Maintenance of Way and Structures
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Condition Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Bruise/contusion 2 2.7 61 2.1 31 1 2.3 85 17.1 43
Occ. Illness 1 1.3 0 0.0 0 - - 0 0.0 0
Sprain/Str., other 1 1.3 180 6.1 180 1 2.3 0 0.0 0
Sprain/Str.,leg/foot 1 1.3 0 0.0 0 - - 23 4.6 23
Sprain/Str.,torso 3 4.0 3 0.1 1 1 2.3 3 0.6 1
Cut/abrasion 3 4.0 0 0.0 0 - - 0 0.0 0
Puncture wound 4 5.3 54 1.8 14 2 4.5 23 4.6 6
Fracture,arm/hand 1 1.3 0 0.0 0 - - 0 0.0 0
Fracture,torso 1 1.3 23 0.8 23 1 2.3 0 0.0 0
Dental related 1 1.3 2 0.1 2 1 2.3 0 0.0 0
Unspecified injury 1 1.3 0 0.0 0 - - 0 0.0 0
All 19 25.3 323 11.0 17 7 15.9 134 27.0 7




Type of Job: Maintenance of Equipment and Stores
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Condition Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Bruise/contusion 1 1.3 0 0.0 0 - - 0 0.0 0
Crushing injury 1 1.3 0 0.0 0 - - 48 9.7 48
Sprain/Str., other 1 1.3 14 0.5 14 1 2.3 0 0.0 0
Sprain/Str.,arm/hand 1 1.3 2 0.1 2 1 2.3 0 0.0 0
Sprain/Str.,torso 2 2.7 140 4.8 70 1 2.3 16 3.2 8
All 6 8.0 156 5.3 26 3 6.8 64 12.9 11




Type of Job: Transportation, Other Than Train and Engine
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Condition Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Bruise/contusion 1 1.3 5 0.2 5 1 2.3 0 0.0 0
Occ. Illness 1 1.3 0 0.0 0 - - 0 0.0 0
Sprain/Str.,leg/foot 1 1.3 180 6.1 180 1 2.3 0 0.0 0
Sprain/Str.,torso 3 4.0 335 11.4 112 3 6.8 0 0.0 0
Fracture,arm/hand 1 1.3 6 0.2 6 1 2.3 0 0.0 0
All 7 9.3 526 18.0 75 6 13.6 0 0.0 0




Type of Job: Transportation, Train and Engine
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Condition Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Bruise/contusion 6 8.0 64 2.2 11 4 9.1 73 14.7 12
Occ. Illness 1 1.3 0 0.0 0 - - 0 0.0 0
Sprain/Str.,arm/hand 4 5.3 182 6.2 46 3 6.8 7 1.4 2
Sprain/Str.,leg/foot 6 8.0 269 9.2 45 6 13.6 61 12.3 10
Sprain/Str.,head/face 4 5.3 117 4.0 29 3 6.8 57 11.5 14
Sprain/Str.,torso 12 16.0 768 26.2 64 7 15.9 2 0.4 0
Cut/abrasion 2 2.7 148 5.1 74 2 4.5 42 8.5 21
Fracture,arm/hand 1 1.3 155 5.3 155 1 2.3 0 0.0 0
Fracture,leg/foot 1 1.3 180 6.1 180 1 2.3 0 0.0 0
Rupture/tear, tendon, etc 1 1.3 0 0.0 0 - - 56 11.3 56
Gunshot/knife wound 1 1.3 39 1.3 39 1 2.3 0 0.0 0
Fatality 1 1.3 0 0.0 0 - - 0 0.0 0
Skin reaction 1 1.3 0 0.0 0 - - 0 0.0 0
Unspecified injury 1 1.3 0 0.0 0 - - 0 0.0 0
All 42 56.0 1,922 65.7 46 28 63.6 298 60.1 7

 

WORKER SAFETY REPORT - EVENTS CAUSING

Type of Job: Professional and Administrative
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Event/occurrence Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Caught, crushed, pinched, other 1 1.3 0 0.0 0 - - 0 0.0 0
All 1 1.3 0 0.0 0 - - 0 0.0 0




Type of Job: Maintenance of Way and Structures
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Event/occurrence Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Bodily function/sudden movement, e.g.,sneezing,twi 1 1.3 0 0.0 0 - - 0 0.0 0
Caught in/compressed by powered hand tools 1 1.3 0 0.0 0 - - 0 0.0 0
Caught in/crushed by materials 1 1.3 0 0.0 0 - - 0 0.0 0
Caught, crushed, pinched, other 1 1.3 0 0.0 0 - - 0 0.0 0
Climatic condition, exposure to environmental heat 1 1.3 0 0.0 0 - - 0 0.0 0
Collision - between on track equipment 1 1.3 180 6.1 180 1 2.3 0 0.0 0
Collision/impact - auto, truck, bus, van, etc. 1 1.3 0 0.0 0 - - 85 17.1 85
Defective/malfunctioning equipment 1 1.3 0 0.0 0 - - 0 0.0 0
Other (describe in narrative) 1 1.3 3 0.1 3 1 2.3 3 0.6 3
Overexertion 1 1.3 0 0.0 0 - - 0 0.0 0
Slipped, fell, stumbled, etc. due to climatic cond 1 1.3 0 0.0 0 - - 23 4.6 23
Slipped,fell,stumbled,etc. due to irregular surfac 1 1.3 0 0.0 0 - - 0 0.0 0
Struck by object 4 5.3 83 2.8 21 2 4.5 23 4.6 6
Struck by thrown or propelled object 2 2.7 25 0.9 13 2 4.5 0 0.0 0
Sudden/Unexpected Movement of tools 1 1.3 32 1.1 32 1 2.3 0 0.0 0
All 19 25.3 323 11.0 17 7 15.9 134 27.0 7




Type of Job: Maintenance of Equipment and Stores
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Event/occurrence Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Caught in/crushed by materials 1 1.3 0 0.0 0 - - 48 9.7 48
Overexertion 2 2.7 0 0.0 0 - - 16 3.2 8
Pushed/shoved into/against 1 1.3 140 4.8 140 1 2.3 0 0.0 0
Slipped, fell, stumbled, etc. due to climatic cond 1 1.3 14 0.5 14 1 2.3 0 0.0 0
Slipped, fell, stumbled, other 1 1.3 2 0.1 2 1 2.3 0 0.0 0
All 6 8.0 156 5.3 26 3 6.8 64 12.9 11




Type of Job: Transportation, Other Than Train and Engine
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Event/occurrence Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Caught, crushed, pinched, other 1 1.3 6 0.2 6 1 2.3 0 0.0 0
Exposure to noise over time 1 1.3 0 0.0 0 - - 0 0.0 0
Highway-rail collision/impact 3 4.0 335 11.4 112 3 6.8 0 0.0 0
Ran into on-track equipment 1 1.3 5 0.2 5 1 2.3 0 0.0 0
Slipped, fell, stumbled, other 1 1.3 180 6.1 180 1 2.3 0 0.0 0
All 7 9.3 526 18.0 75 6 13.6 0 0.0 0




Type of Job: Transportation, Train and Engine
Selections: Railroad - ALL
State - LOUISIANA County - ALL
Worker on duty - employee/ALL CASUALTIES
Time Frame - Jan 2010 To Dec 2010
Event/occurrence Total Days Absent Absent Cases Days Restricted
Cnt % Cnt % Avg. Cnt % Cnt % Avg.
Bumped 1 1.3 0 0.0 0 - - 10 2.0 10
Caught, crushed, pinched, other 2 2.7 156 5.3 78 2 4.5 0 0.0 0
Defective/malfunctioning equipment 1 1.3 180 6.1 180 1 2.3 0 0.0 0
Derailment 4 5.3 257 8.8 64 3 6.8 56 11.3 14
Exposure to chemicals - external 1 1.3 0 0.0 0 - - 0 0.0 0
Exposure to noise over time 1 1.3 0 0.0 0 - - 0 0.0 0
Highway-rail collision/impact 9 12.0 109 3.7 12 5 11.4 122 24.6 14
Lost balance 2 2.7 138 4.7 69 2 4.5 0 0.0 0
Other impacts - on track equipment 2 2.7 29 1.0 15 1 2.3 0 0.0 0
Overexertion 2 2.7 236 8.1 118 2 4.5 0 0.0 0
Ran into object/equipment 1 1.3 180 6.1 180 1 2.3 0 0.0 0
Shot 2 2.7 39 1.3 20 1 2.3 0 0.0 0
Slack action, draft, compressive buff/coupling 1 1.3 138 4.7 138 1 2.3 42 8.5 42
Slipped, fell, stumbled, other 4 5.3 360 12.3 90 2 4.5 0 0.0 0
Slipped,fell,stumbled,etc. due to irregular surfac 1 1.3 0 0.0 0 - - 0 0.0 0
Slipped,fell,stumbled,etc. due to object,ballast, 4 5.3 84 2.9 21 4 9.1 61 12.3 15
Slipped,fell,stumbled,etc. on oil, grease,etc. 2 2.7 5 0.2 3 1 2.3 0 0.0 0
Struck against object 2 2.7 11 0.4 6 2 4.5 7 1.4 4
All 42 56.0 1,922 65.7 46 28 63.6 298 60.1 7

Event codes replaced occurrence codes in 1997

For questions and information about Railroad Safety Problems Resulting in Injury, Contact Louisiana Railroad Injury Lawyer for additional questions. 

Source:

Safety Data FRA


Posted by Charles E. Lavis | | Email This Post

Posted In: Federal Employers Liability Act (FELA)

April 18, 2011

Louisiana Workers Compensation Second Injury Fund For Some Workers Compensation Employers Of Certain Injured Workers

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The Louisiana Workers Compensation Act Second Injury Fund is a Louisiana agency established under the Louisiana Workers Compensation Act to reimburse employers or their workers compensation insurers for some of their indemnity and medical and costs in certain instances when an employee with a pre-existing permanent partial disability is injured on the job.

The purpose of the fund under Louisiana Workers Compensation Laws is to encourage reluctant employers to hire employees with pre-existing disabilities.

If you have any questions about your Louisiana Workers Compensation Laws or Louisiana Workers Compensation Benefits, please feel free to contact Louisiana Workers Compensation Disability Benefits Lawyer.

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Posted by Charles E. Lavis | | Email This Post

Posted In: Louisiana Workers Compensation (LWC)

April 7, 2011

Illegal Louisiana Workers Compensation Premium Payroll Deduction

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I had a call today from a lady whose Louisiana employer was deducting Louisiana workers compensation premiums from her paycheck.

This practice is illegal in Louisiana and is prohibited by LA-RS 23:1163 which states:

1163. Premium; contribution by employees prohibited; penalty

A. It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or otherwise, any amount whatever, or to demand, request, or accept any amount from any employee, either for the purpose of paying the premium in whole or in part on any liability or compensation insurance of any kind whatever on behalf of any employee or to reimburse such employer in whole or in part for any premium on any insurance against any liability whatever to any employee or for the purpose of the employer carrying any such insurance for the employer's own account, or to demand or request of any employee to make any payment or contribution for any such purpose to any other person.

B. Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability insurance business. In addition, nothing herein shall be construed to prevent an independent contractor who is a sole proprietor and who has elected by written agreement not to be covered by the provisions of this Chapter in accordance with R.S. 23:1035 from entering into a contract with his principal pursuant to which the independent contractor is responsible for securing insurance or self-insurance for the benefits provided pursuant to this Chapter or to reduce payments to the independent contractor for coverage of the independent contractor or his employees pursuant to a contract, nor shall it be a violation of this Section if a principal has agreed to provide workers' compensation insurance to all contractors working under a contract with the principal and for the cost of this coverage to be a consideration in the contract between the principal and the contractors.

C. Whoever violates any provision of this Section shall be fined not more than five hundred dollars, or imprisoned with or without hard labor for not more than one year, or both.

D. In addition to the criminal penalties provided for in Subsection C of this Section, any person violating the provisions of this Section shall be assessed civil penalties by the workers' compensation judge of not less than five hundred dollars and not more than five thousand dollars payable to the employee and reasonable attorney fees. Restitution shall be ordered up to the amount collected from the employee's wages, salary or other compensation. The award of penalties, attorney fees, and restitution shall have the same force and effect and may be satisfied as a judgment of a district court.

Acts 1995, No. 368, §1, eff. June 16, 1995; Acts 2001, No. 1014, §1, eff. June 27, 2001; Acts 2004, No. 416, §1, eff. June 24, 2004.

Posted by Charles E. Lavis | | Email This Post

Posted In: Louisiana Workers Compensation (LWC)

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