Australian Company Moves to Share Liability for Alleged Illnesses Caused by Products
Even when many years pass, liability may exist for employers from illnesses allegedly caused by products in the workplace. The good news is, workers’ comp carriers may be entitled to offsets from any recoveries made in these claims. Here’s how a lawsuit is playing out in Australia.
An Australian industrial giant has again sought to share liability for illnesses caused by its allegedly deadly asbestos products, opening legal action in Queensland against its former partner.
According to The Australian, the industrial company is suing its former partner, a building materials manufacturer in the Queensland Supreme Court, after being sued itself for $500,000 in damages by an asbestosis sufferer. The alleged victim sued the industrial company and his former employers for $500,000 in damages in January 2008.
In a statement in a claim filed to the Queensland Supreme Court at the time, the man, who worked for his employer between 1952 and 1990, alleges he handled asbestos products that were made by the industrial company for years at work.
In the suit, the man petitions that due to being exposed to and inhaling asbestos dust, he now suffers from asbestos-related illnesses, including asbestosis. He claimed his exposure to asbestos and subsequent injuries were “caused or contributed to” by the company’s negligence.
The industrial company started a defense against the man’s lawsuit, claiming it did not owe him a duty of care and that his injuries were caused by his own “independent and unreasonable actions”.
The company goes on to claim the individual caused, permitted or allowed asbestos dust and fiber to be generated in his workplace without taking adequate safeguards to prevent ingesting or inhaling the substance.
The claimant discontinued the matter last December after it was resolved with an informal, confidential settlement.
In court action last week, the industrial company filed legal action against the building materials manufacturer, aimed at equally sharing any liability and legal costs incurred by the matter.
According to the industrial company, it entered into a partnership with the building materials manufacturer on Sept. 24, 1964, to manufacture, distribute and sell in Australia asbestos-related products. This relationship continued until May 1974. The industrial company claims that if the manufacturer was sued by the reported victim, as a partner, the company would have been subject to any liability faced by the man’s employer. (workersxzcompxzkit)
The industrial company stated in its charges that the manufacturer was negligent in 11 ways, including that it used or allowed to be used asbestos products when they “knew or ought to have known” that asbestos products were potentially dangerous to the health of people who came in contact with them.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
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©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
New Foundland's Workplace Health, Safety and Compensation Commission (WHSCC) announced a new occupational disease initiative that will broaden the medical and scientific knowledge available to the Commission, which is necessary to determine entitlement to compensation for workers and families impacted by occupational disease. The creation of an Occupational Disease Advisory Panel (ODAP) to provide oversight on occupational disease matters and to address government's action plan was announced by Leslie Galway, the WHSCC's chief executive officer. The panel's voting members include: Worker Representative George Kean, Employer Representative Elizabeth Forward and Commission Chair Ralph Tucker. "The awarding of fair and reasonable compensation to workers and families impacted by occupational disease is a priority for the WHSCC and for the government of Newfoundland and Labrador," said Tucker. The WHSCC also announced the signing of a Memorandum of Understanding (MOU) with the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST), a provider in the area of occupational health and safety research. "Occupational disease is a complex issue, with decisions regarding compensation requiring expertise from the global medical and scientific community, and we have begun the process of acquiring that information," Galway said. Following an assessment of the occupational disease issues currently being addressed by the WHSCC, the ODAP has approved a medical and scientific review of the literature pertaining to cancer among shipyard workers, which will be completed by the IRSST. The Commission is currently finalizing contractual arrangements with the IRSST for the completion of this work. The creation of the ODAP, and new partnership with the IRSST, allows for the transfer of key medical and scientific knowledge to the WHSCC, health care professionals and other parties in the province, with an interest in occupational disease. "This initiative represents a proactive, knowledge-based approach that will give us access to the best scientific and medical advice and evidence available to support the timely and effective resolution of claims for occupational disease," said Galway. (workersxzcompxzkit) Serving more than 16,000 employers and approximately 12,000 injured workers, the Workplace Health, Safety and Compensation Commission (WHSCC) is an employer-funded no fault insurance system that promotes safe and healthy workplaces, provides return-to-work programs and fair compensation to injured workers and their dependants.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman's comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Airbag DNA Nails Employee Who Crashed Boss's Truck – Interesting situation given it is Drug Free Workplace Week A Canadian judge fined a man more than $5,000 after investigators relied on DNA evidence and cell phone records to catch a North Vancouver man who crashed his boss's truck and then fraudulently claimed it had been stolen. According to the Canadian Broadcasting Corporation, the incident took place in the early-morning hours of when someone crashed a truck into a road sign on the Upper Levels section of Highway 1, north of Vancouver. Police discovered the truck with the keys in the ignition, both airbags deployed and the engine still warm, but the driver gone. Later in the same morning a man reported the same truck stolen to the Royal Canadian Mounted Police at approximately 11:30 a.m., a man called the RCMP to report the truck stolen, a claim he repeated later that evening and again a few days later in a theft claim to the Insurance Corporation of B.C. The insurance company concluded the truck was a write off, but investigators were concerned about the man's claim that the truck was stolen prior to the crash. ICBC's special investigation unit tested the driver's airbag for DNA, and then checked the man's cell phone records, and were led to his girlfriend's home nearby. The girlfriend initially backed up the man's story, but later admitted he told her he was drinking and crashed the truck, abandoned it and decided to submit a theft claim. According to an ICBC spokesperson, DNA testing from the airbag in the truck determined that the man was behind the wheel when the airbag deployed. (workersxzcompxzkit) The man eventually pled guilty to making a false or misleading insurance claim.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman's comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Albertans now have better access to information about current charges and prosecutions as they relate to Employment Standards and Occupational Health and Safety compliance.
The website www.employment.alberta.ca/prosecutions offers the latest information on individuals or companies charged under the Employment Standards Code or Occupational Health and Safety Act.
New information will be posted to the website within five working days. Additionally, an RSS feed is available to subscribers, ensuring automatic notification when new charges or prosecutions are added to this website. The website complements Alberta Employment and Immigration’s other communications on charges and prosecutions, including news releases when warranted. For more about workplace fairness and safety standards in Alberta, visit www.employment.alberta.ca.
Author Robert Elliott,executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
We are accepting short articles (400-1200 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Unions are reportedly coming out against a proposed move in Australia to form a national system of workplace safety laws. (See WCK related blog http://blog.reduceyourworkerscomp.com/?p=748.)
According to a report in Australia’s The Age, union members believe most of the benefits from such a move would favor employers and not employees. Among their concerns are that worker safety could be endangered by the changes, mainly that a lack of safeguards in place would not ensure employers were prosecuted over health and safety breaches.
A meeting of state and territory ministers recently agreed to the release of the ”model” laws for six weeks of public comment – although Western Australia, the only non-Labor participant, indicated it was not likely to join the national system as proposed.
According to a number of businesses, complying with different laws in the states and territories has been a big problem, reportedly leading to more ”red tape” or compliance costs. Key employer groups, like the Australian Industry Group, the Business Council of Australia, and the Minerals Council of Australia recently released a joint statement requesting government’s support of a national system. (workersxzcompxzkit)
The Access report, commissioned by regulator Safe Work Australia, reportedly discovered businesses would be the biggest winner from the switch to national laws while employees would experience little or no benefits from the changes.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
We are accepting short articles* (300-1200 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.
Canadian Officials Meet to Better Protect Workers
Almost 300 delegates from municipalities, school boards and other public sector organizations across British Columbia and Canada met to “Share the Knowledge” about how to better protect their workers from injury, death or disease while on-the-job.
The bi-annual BC Municipal Occupational Health and Safety Conference, co-sponsored by CUPE BC, Metro Vancouver and WorkSafeBC, provides a forum for all governments, municipalities, school boards and other public sector agencies to exchange success strategies on health and safety issues through a series of presentations, workshops and panel discussions.
“Our sessions are diverse,” said Cathy Cook, conference chairperson and executive director of the BC Municipal Safety Association (BCMSA). “We address the differing training and supervision needs of both an aging workforce and their incoming replacements, who often are young workers. And, there will be an in depth description of the Certificate of Recognition Program (COR) that recognizes and financially rewards employers who go beyond what is required by Regulation to improve workplace safety by proactively introducing safety management systems and return-to-work programs”. (workersxzcompxzkit)
The BC Municipal Safety Association is a non-profit society which provides a common focal point for occupational health and safety concerns in the municipal environment. Its purpose is to identify, address and create learning opportunities on the safety issues facing members. All employers in the Local Government and Related Operations Classification Unit are members of the BCMSA.
For information on work comp and the not-for-profit see http://reduceyourworkerscomp.com/group-membership.php
“The BCMSA has matured as an organization and very clearly understands its mandate to create programs and initiatives that will have a positive affect on the injury rate of their workers,” said Al Johnson, WorkSafeBC’s Lower Mainland regional director of Construction and Hospitality. “This year’s addition of the Certificate of Recognition program will be a benefit both to workers as they see increased protection on their job sites and to employers who will be rewarded through a reduction in their assessments.”
Author Robert Elliott,executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.
Independent Agency to Regulate Workplace Safety and Workers’ Comp Arrangements
Australia remains on track to have an independent, national agency regulating workplace health and safety and workers’ compensation arrangements beginning in November 2009, following recent passage of legislation and a meeting where the Safe Work Australia Council forwarded harmonized rules for approval and public comments. In November, the council becomes Safe Work Australia, the new agency’s name.
”We have reached a key milestone proving Safe Work Australia is on track to deliver national OHS laws by December 2011,” said Tom Phillips, a former executive in Australia’s automotive industry who is SWA’s chairman.
The documents include a draft of the model OHS Act. Phillips said he hopes Australian businesses and the public actively participate in the development of the new legislation. “I believe harmonizing OHS laws will benefit workers across all industries by better protecting the lives and health of Australians. This regulatory reform will not come at the expense of the safety of Australian workers,” Phillips noted.
To date, 41 organizations are acting as Safety Partners for Safe Work Australia Week, to be held October 25 to 31. The Safety Partners join 16 Safety Ambassadors to promote safety during the week.
In other initiatives: SWA also is working on a nationally consistent approach for compensating victims of asbestos-related diseases. (workersxzcompxzkit)
The Australian Mesothelioma Register, which may be maintained by a state or territorial agency or research organization, will resume collecting data in 2010.
Author Robert Elliott,executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
In addition to Workers Comp, Other Factors Related to Employee Issues Can Raise Company Costs
Even when workplace injuries or discrimination acts are not directly connected to workers’ compensation, they still may cost the employer additional expenses in fines and orders to provide more training in workplace safety.
Saskatchewan Employer Fined $32,000 for Injuries to Workers
An alleged pair of separate incidents leading to serious injuries to workers results in a $32,000 fine for Saskatchewan food company.
The company was charged after a 26-year-old worker fell from the top of a piece of equipment at its Saskatoon plant in 2007 and subsequently pled guilty to six charges under the province’s Occupational Health and Safety regulations.
In a separate case, charges were handed down when a 27-year-old worker was injured by an exposed auger in January of this year.
According to government officials, the charges stem to the alleged lack of supervision for the workers and unsafe conditions around the machinery and equipment that were responsible for the injuries.
Business Fined More than $115,000 for Alleged Discrimination
A large mall retailer was fined $115,264 for alleged discrimination, after employees at the Mall of America store in Minnesota reportedly refused to allow a family member to accompany an autistic girl into the fitting room to try on clothes according to a report from Minnesota Public Radio.
The judge decided the girl suffered mental anguish as a result of the incident while shopping with her 17-year-old sister for school clothes when a store employee refused to allow the sister to accompany the young girl into the fitting room. The employee said corporate policy only allowed one person at a time into fittings rooms to reduce the possibility of theft. The clerk stilled refused even when told of the teenager’s autistic disability and that she could not be left alone.
The mother, after being called to the store by the older sister said she did not receive any assistance from the employee on the scene, a customer service rep and an assistant manager. Neither did she receive assistance following two letters to the retailer and several phone calls, before reporting the incident to the Minnesota Department of Human Rights.
An administrative law judge found the retailer discriminated against the 14-year-old girl, in violation of state statutes. The judge ordered the fine after the retailer repeatedly refused to respond to the daughter’s mother’s request for an apology and denied engaging in discriminatory practices.
The company was ordered to pay compensation of $25,000 for mental anguish; cover $41,069 in attorney fees; pay a $25,000 fine; and other expenses of $24,194 – a total of $115,263.00.
In addition, the company must display signs in close proximity to the fitting rooms in all Minnesota stores stating the fitting room policy, and explaining disabled customers can seek an exception. (workersxzcompxzkit)
The company was ordered to provide more disability training to employees, and review and revise its policies in relation to customers with disabilities.
The corporation has appealed claiming the fines are excessive.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
TD Calculator:
www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
Return to Work in Unionized Companies
http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
Safe Work Australia recently announced the release of four reports based on an analysis of the 2005-06 Work Related Injuries Survey (WRIS). The WRIS is conducted every five years by the Australian Bureau of Statistics (ABS) as a supplement to the Labour Force Survey. Safe Work Australia partially funds the survey in order to complement its collection of workers' compensation data. The analysis presented in the reports concentrated on groups of people who are either not covered by workers' comp or who are not separately identified in the workers' comp data. The reports includes: 1. Comparison of compensation data with all incurred work-related injuries. 2. The impact of shift work on work-related injuries. 3. The impact of employment conditions on work-related injuries. 4. Factors affecting applications for workers' comp. Some of the key findings in the reports include: 1. Workers' comp data only captures 60% of work-related injuries but it provides a good picture of the industries and occupations with the highest incidence rates, the way in which injuries occur and the types of injury. 2. In most occupations and industries, self-employed workers recorded lower injury rates than employees. 3. Part-time workers recorded twice the injury rate per hour worked of full-time workers. 4. Shift workers had twice the injury rate per hour worked of non-shift workers. 5. Female employees were less likely to apply for workers' comp than male employees. 6. Only 44% of employees without leave entitlements (casual workers) applied for workers' comp for injuries requiring some time off work compared to 57% of employees with leave entitlements. (workersxzcompxzkit) 7. Young workers aged 15 to 24 incurred much higher rates of injury than other age groups and were the least likely to apply for workers' comp. See WCK: http://blog.reduceyourworkerscomp.com/?p=435 The next WRIS covering the period 2009-10 is currently being conducted and Safe Work Australia will publish the findings in 2011. See http://www.safeworkaustralia.gov.au/ for full reports.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
We are accepting short articles* (200-600 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com
RIMS: Canada and United States Have Different Employer Practice Liability Needs from Commercial Policies
The Canadian commercial marketplace requires standard policy wording for Employer Practice Liability (EPL) policies very different from U.S. policies, according to the Canadian Underwriter and discussed by experts taking part in a panel discussion at the RIMS Canada Conference in St. John’s, Newfoundland.
The Risk Management Counsel of Canada presented a seminar, ‘Employer’s Dream: Insurer’s Nightmare! Employer’s Liability: The Need for a Canadian Model,’ at the conference.
Panel participants noted EPL policies differ from Commercial General Liability (CGL) policies and Director & Officer (D&O) Liability policies, since EPL policy cover “intentional incidents” such as harassment of one employee by another.
Elizabeth Forster, panel member and a partner at Toronto’s Blaney McMurtry, noted there is a breadth of issues relating to EPL policies. These include the fact “there are a huge number of different areas of liability an employer faces and, secondly, we [Canadians] don’t have consistent policy language.” Panel member Jorge Segovia, a partner at Cox and Palmer in St. John’s, pointed out a pair of main differences between Canada and the United States showcasing the need for Canadian insurers to approach EPL coverage in a distinct manner.
First is the definition of wrongful dismissal in Canada and in the United States, according to Segovia. In the United States, a wrongful dismissal claim can take place if the termination involves some form of statutory breach such as discrimination.
In Canada, ”wrongful dismissal is simply the fact a terminated employee has not been given reasonable notice or pay in lieu of notice, because our [employment] contracts, if it’s not built in, have an implied term requiring the reasonable notice or termination or payment in lieu of notice,” Segovia commented. According to Segovia, “most Canadian EPL insurers will likely try to remove that coverage.” (workersxzcompxzkit)
Segovia said the other distinction has to do with punitive damages. “A lot of EPL claims involve claims for punitive damages. In the U.S., punitive damages are not covered by EPL policies because the size of the damages being awarded in the U.S. is quite high.” In Canada,, where the awards are quite modest, most insurers agree to cover the damage awards. Segovia noted that “It certainly would be useful over time to develop standard wording and clauses such as what we have for our CGL policies.”
Author Robert Elliott,executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
We are accepting articles, tips and hints* (300-600 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable but we will post your link.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
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