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.

read more…

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.

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…

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.

read more…

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.

read more…

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.

read more…

All you need is employment law

August 04, 2014 - by: Andy Tanick 1 COMMENTS
Andy Tanick

Our blog seems to have focused quite a bit recently on stories from the world of sports, and given the number of professional athletes behaving badly lately, that comes as no surprise. So for this week, we’ll take a break from litigious punters, abusive running backs, and egotistical power forwards to focus on another area of entertainment. Our diversion is well-timed, because I was fortunate enough to attend Paul McCartney’s concert last weekend at Target Field in Minneapolis, where the hapless Minnesota Twins are usually the athletes playing badly, if not behaving badly.  Beatles

What do Paul McCartney and the Beatles have to do with employment law? Well, plenty as it turns out. In fact, with a little creativity, we can conjure up an employment-law subtext to many of the top hits by Sir Paul and his bandmates.

read more…

If Bill Cosby is wearing a garish sweater, this must be 1980s TV!

March 27, 2014 - by: Andy Tanick 0 COMMENTS
Andy Tanick

A few weeks ago, I saw a news story about how the last of the baby boomers are turning 50 in 2014. “Wow, that’s old,” I thought, until I realized that I’m 53. Then, as if I needed any further reminders of my elder statesmanship, one of the legal assistants in our office, a 20-something, accused me of “making up” the fact that there used to be a popular singer named Bing. Sigh. (And for the record, he was popular way before my time.)  CosbySweater

That’s it, I decided. Time for a blog post about popular culture from an era that none of those rascally whippersnappers will even remember: the 1980s.  That’ll teach ‘em not to be so darn … er, young. So charge up your brick-sized cellular phone, press “play” and “record” simultaneously on your 150-pound manually-operated VCR, and run your comb through that mullet: We’re going to take a spin through “Employment Law in1980s TV-Land.”

read more…

Work hard, play hard work harder

November 11, 2013 - by: David Kim 0 COMMENTS
David Kim

As discussed in our previous blog post, the Richie Incognito-Jonathan Martin scandal has dominated the sports and national headlines. Lost somewhat in the midst of an Incognito-Martin-centric sports news cycle were the recent health scares of Denver Broncos coach John Fox and Houston Texans coach Gary Kubiak during week 9 of the NFL season. Fox, whose Broncos were on a bye week, experienced symptoms, including feeling light-headed, while golfing, and ended up having an aortic heart valve replacement procedure just days later. Kubiak, during the halftime of the Texans’ Sunday Night Football matchup with the Indianapolis Colts, collapsed on the field and was taken to a nearby hospital due to what doctors have described as a mini-stroke.

On the heels of these events, which occurred within 48 hours of each other, the health and work ethics of NFL coaches have come under scrutiny. Journalists, NFL analysts, and former players and coaches have discussed the need for the NFL to implement programs or procedures to create a healthier work environment for coaches. One former NFL player, Cris Collinsworth, has suggested the NFL implement a “7 to 7” rule, stating that teams should be forced to open its office doors at 7:00 a.m. and close them before 7:00 p.m. Others, including former head coach and NFL media analyst Brian Billick, state that the hours and pressure come with a job where you are judged on your performance week in and week out and that “we [coaches] do this to ourselves.”

read more…

Workers’ compensation latest battleground for NFL

September 27, 2013 - by: David Kim 0 COMMENTS
David Kim

When is $765 million a bargain? Apparently, when you’re the National Football League. By now most people know that the NFL agreed to pay $765 million last month to settle a lawsuit brought by more than 4,500 players and their families, who alleged that the league concealed what it knew about the dangers of concussion-related brain injuries. Attorneys for the plaintiffs point to the fact that immediate care is needed for retired players with severe neurological disorders, such as ALS, Parkinson’s and Alzheimer’s disease, many who would never receive remuneration during their lifetime should the case be litigated over many years. In addition, there was a concern that individualized claims could become complex due to the fact that certain former players with short NFL careers played the vast majority of their football outside of the NFL (college, high school, etc.). This settlement ensures that thousands of retired players obtain compensation needed for current and future medical injuries and exams. While this is true, most agree that the NFL has to be ecstatic with this deal. With annual revenues hovering around $10 billion, the NFL is paying a mere fraction to avoid a potential finding of liability as well as a public relations nightmare. And if anything, Commission Roger Goodell has admitted that one of his primary objectives is “protecting the shield.” Instead of spending years defending allegations that the league knew concealed and misled players about the long-term dangers of concussions, the NFL can say this settlement not only helps retired players in need but also funds future baseline medical exams and research and education funds intended to take appropriate preventative measures. While the settlement’s details are still being analyzed and debated, including questions (and confusion) from some former players about who is or is not eligible under its terms, another fight is brewing between the NFL and its former players that has not quite received the same national attention. That is because the battleground is California. Just a few weeks ago, the California Senate passed a bill (which previously passed the California Assembly) that would preclude workers’ compensation claims by athletes from non-California teams, as well as athletes who played only a portion of their career with California teams. The bill is currently before California’s governor, who many expect will sign it into law. Who helped lobby and push this bill through? You guessed it. The NFL, along with the other five other professional sports leagues that the bill affects: MLB, NBA, WNBA, NHL, and MLS. California’s statute of limitations on workers’ compensation claims is much less restrictive than in other states, and California is one of the few states that cover “cumulative” injuries such as brain trauma incurred over a period of time. As a result, former athletes who played for visiting non-California-based teams have been making claims in California for years, especially former NFL players seeking compensation for repeated head trauma and related brain injuries, because they cannot do so anywhere else. Many of these claims are made by little-known athletes who enjoyed relatively short careers, earned the league minimum, or never even made it to the “big” leagues. On the one hand, this bill’s impact is arguably limited to professional sports. Teams and their insurers pay the costs of successful workers’ compensation claims, not taxpayers. In addition, insurance premiums are often determined on an industry-specific basis and therefore the claims activity of professional sports leagues don’t directly affect other industries. On the other hand, there are concerns that this measure could lead to future legislation depriving workers in other industries from filing claims in California, or to legislation in other states’ creating carve-outs for specific classes of workers. In addition, there is a belief that if players are prohibited from obtaining workers’ compensation in California, they will have to turn to Medicaid, Social Security, or other forms of government assistance, leaving the public to foot the bill. The reality is that oftentimes legislation begets legislation. We may think of “athletes” as those men and women on SportsCenter and TV commercials making millions of dollars and whose lives have no similarity to ours. However, the fact is an athlete’s injury is considered a workplace injury just as if he or she was injured on the job as a foreman, truck driver, or messenger. And just because the California bill applies only to athletes doesn’t mean the next piece of legislation won’t apply to you, your class of workers, or your state.