Tragedies on and off the silver screen: How to avoid costly workplace injuries

April 10, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror. First, the leading actress’ stuntwoman, Olivia Jackson, sustained life-threatening injuries, including cerebral trauma, a crushed face, a severed neck artery, a paralyzed arm that had to be amputated, spinal cord damage, and multiple broken bones, all from a motorcycle collision with a camera crane. Then, later in filming, another crew member, Richard Cornelius, was killed when one of the movie’s props, an Army Hummer, crushed him. In addition to such stunt and crew film personnel, actors themselves often suffer serious workplace injuries while filming movies. For example, while filming “Syriana,” A-list actor George Clooney broke his spine during a stunt scene gone awry. His injury was so serious that he was bedridden for a month with severe migraines, during which time he also suffered from depression. Work Injury Claim Form

Like the Hollywood employees just mentioned, everyday workers also suffer workplace injuries. These injuries can prove costly to their employers in the form of workers’ compensation claims, Occupational Safety and Health Administration (OSHA) penalties, and loss of productivity and morale. Private employers reported approximately 2.9 million nonfatal workplace injuries and illnesses to OSHA in 2015. Moreover, the Bureau of Labor Statistics (BLS) reports that approximately 4,500 employees suffer workplace injuries each year that result in their deaths. Such recorded workplace injuries and illnesses range in severity and include wounds, amputations, back injuries, as well as fatal accidents from crushing and falling. Almost one-half of the recorded workplace injuries were serious enough to result in direct or indirect financial loss to the employer, including the injured employee missing a day or more from work, requiring a transfer to a different position, or needing to limit some duties of his or her position due to a doctor-imposed work restriction. In addition, these are just the reported injuries. It’s safe to say that many thousands more injuries are either not reported by the employee and/or the employer.

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The power of habit and HR policies

January 23, 2017 - by: Katie O'Shea 1 COMMENTS
Katie O'Shea

At the start of a new year, many individuals set goals and resolutions, hoping to change bad habits or form new ones. Exercising, eating healthy, reading more books, learning something new, and spending more time with family or friends are all common resolutions. 

But many of these well-intentioned goals and resolutions fall off days, weeks, or even months after people resolve to stick with them. After about three weeks into the New Year, how are your goals and resolutions coming along?

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Peter Dinklage takes on Elf

December 05, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame.  Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you never took it down from last year.  One of my favorite Christmas movies is Elf, starring Will Ferrell.  It is surprisingly packed with various employment law issues, such as employee substance abuse at work, sexual harassment, and workplace violence.  In one of the more memorable scenes, Peter Dinklage’s character, Miles Finch, demonstrates how good intentions can still lead to a harassment complaint.  Facepalm, retro disappointed man slapping forehead, d'oh!

As background, Will Ferrell’s character, Buddy, has been raised as one of Santa’s elves and only recently learned that he is actually human. He has tracked down his biological father, who works for a children’s book publisher in New York City. Unaccustomed to the human world and innocent to its realities, Buddy has difficulty adjusting to life in the Big Apple and working in his father’s office.

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Learning from Orlando: addressing potentially violent employees

June 21, 2016 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent to at least one of his co-workers. According to the Los Angeles Times, Daniel Gilroy, who worked with Mateen for about a year as a security guard at PGA Village South in Port St. Lucie, FL, complained multiple times to their employer that Mateen was dangerous, that “he didn’t like blacks, women, lesbians and Jews.” Gilroy claims his employer’s failure to respond to the complaints left him with no choice but to resign. “I quit because everything he said was toxic,” Gilroy to USA Today, “and the company wouldn’t do anything. This guy was unhinged and unstable. He talked of killing people.”  New York City

Last week, in the immediate aftermath of the Orlando shooting incident, Marilyn Moran, partner in the Orlando office of Ford Harrison, offered employers advice on how to help employees in crisis through empathy and counseling, while remaining compliant with state and federal employment laws. The situation also highlights another issue that confronts employers on a daily basis: the potentially violent employee.

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American Horror Story: Hotel—Gaga for this deliciously terrifying workplace

October 12, 2015 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

The latest installment of American Horror Story was off to a screaming start with the premiere of Hotel. If you missed it, proceed with caution as this article contains some minor spoilers on the first episode. This season is set in a sprawling art deco hotel that manages to be both beautiful and frightening at the same time, much like its penthouse occupant, The Countess (played by Lady Gaga). From vampires (large and small) devouring hotel guests to The Addiction Demon crawling out of mattresses with a drill bit dildo, working in this hotel is not for the faint of heart.  read more…

Elf: one too many Christmas spirits

December 19, 2014 - by: Kristin Starnes Gray 1 COMMENTS
Kristin Starnes Gray

With Christmas just around the corner, my family and I have begun our yearly ritual of re-watching our favorite holiday films. At the top of the list is a relatively newer addition, Elf.  The comedy stars Will Ferrell as Buddy, a human who crawls into Santa’s sack and ends up being raised by Papa Elf at the North Pole. After learning that he is actually human rather than an elf, Buddy decides to travel to New York to find his biological father, who works at a children’s book company and happens to be on the Naughty List. Much of the film’s comedy and charm comes from Buddy’s child-like innocence and genuine holiday cheer as he tries to navigate the cynical world of New York City. shutterstock_236981068At his father’s office, this same innocence leads Buddy to mistake a mail room worker’s whiskey for delicious maple syrup. As you can imagine, a six-foot tall elf can cause quite a ruckus in the workplace after having too many spirits.

Employers are well aware that illicit drug use and alcohol abuse can be costly in the workplace. Drug-free workplace programs can be powerful tools in spreading prevention messages and intervening early with those who have already begun to use drugs. For many individuals, especially those who may deny that their use of drugs is problematic, workplace-based programs can be a critical step along the road to treatment and recovery. Every workplace is different, and drug-free workplace programs should be tailored to match a company’s individual needs. Here are some general recommendations for such programs: read more…

Workingjay

November 24, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Inspired by The Hunger Games trilogy, some employers may feel the urge to pile the employees onto a bus, head off site, and pit coworker against coworker in some form of physical competition under the guise of “team building.” Savvy employers are always looking for new and better ways to motivate the troops, solidify relationships, and build some esprit de corps. What better way than to take the workforce on a high-action field trip?

But they better be mindful of employment laws, particularly OSHA regulations, state tort law, and state workers’ compensation laws. shutterstock_196000976 In February 2009 OSHA published a letter of interpretation stating that employee injuries suffered at off-site teambuilding events are recordable in OSHA logs. The letter was requested after an employee was injured in a go-kart accident during an office retreat.

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A scar is born

November 11, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

On The Tonight Show Starring Jimmy Fallon the other night, the host and Matthew McConaughey competed to see who could throw the most footballs at the other guy’s face. Not his physical face, of course, but glass plates printed with each guy’s face. Toward the end, McConaughey steps in front of Fallon as he is about to throw, and I immediately start thinking, “What if he hits the actor square in the nose with a football?”shutterstock_183450509

As an employment lawyer, I wasn’t so concerned about McConaughey’s career. Did you see him as modern day Rust Cohle? Dude can pull off ugly just fine. No, my concern was whether he could be compensated for his injuries. Would it be covered by workers’ comp?  Could he sue The Tonight Show or Fallon? Turns out, Hollywood has had to deal with these kinds of safety issues in the past. Here are two cases worth noting.

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The Abominable Boss Man

October 31, 2014 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In honor of Halloween, this post will address some of the many potential workplace issues in the Pixar film, Monsters, Inc.  If you’ve been living under a rock and have managed to not see this film (or its recent sequel), here’s a quick recap. A city called Monstropolis is inhabited by monsters and is powered by the screams of children in the human world. shutterstock_98138216At Monsters, Inc., employees (or “Scarers”) have the job of scaring human children and collecting their screams to power the city. The company, however, is facing a serious dilemma and potential energy crisis, as human children are become harder to frighten. Through a series of amusing misadventures, the top Scarer, Sulley, and his best friend, Mike, end up caring for a little girl they dub “Boo.”

In trying to return Boo safely to the human world, Mike and Sulley discover that one of the Scarers, Randall, plans to kidnap children (particularly Boo) and use a torture machine on company property to extract their screams. Randall tries to use the torture machine on Mike, but Sulley saves the day. Sulley reports Randall and his torture device to the company chairman, who responds by promptly exiling Mike and Sulley to the Himalayas. I won’t spoil the ending for the two or three of you who have not yet seen the movie.

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Learning from tragedy–depression and mental health in the workplace

August 17, 2014 - by: Josh Sudbury 2 COMMENTS
Josh Sudbury

This past week, the entertainment world lost one of its best and brightest to an apparent suicide. Robin Williams, who brought laughter to so many for so long, took his own life at the age of 63. So much has been written about his talent over the past week that it’s difficult to understand or accept how such a thing could have happeneshutterstock_198363611d. But, Robin Williams’ tragic death is a reminder to all of us of the very real and very serious presence of anxiety and depression in our daily lives regardless of whether we ourselves or a close friend or family member suffers from these afflictions.

Just as much as depression can affect our home and family lives, it also has a serious impact at work. In 1995, the National Institute of Mental Health estimated that as many as 1 in 20 employees was suffering from depression. So, count how many employees work for your company and do the math. If you are a company of any size, it’s likely that at least one or more of your employees may be dealing with his or her own depression or that of a family member.

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