Construction’s “Fatal Four”

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Construction workers build our roads, houses, and repair and maintain our nation’s physical infrastructure. This work includes many hazardous tasks and conditions. Construction workers incur the most fatal injuries of any industry in the private sector.

Out of 4,674 worker fatalities in private industry in the calendar year 2017, 971 or 20.7% were in construction — that is, one in five worker deaths last year were in construction. The leading causes of private sector worker deaths (excluding highway collisions) in the construction industry were falls, followed by struck by an object, electrocution, and caught-in/between. These “Fatal Four” were responsible for more than half (59.9%) the construction worker deaths in 2017, BLS reports. Eliminating the Fatal Four would save 582 workers’ lives in America every year.

  • Falls – 381 out of 971 total deaths in construction in CY 2017 (39.2%)

  • Struck by Object – 80 (8.2%)

  • Electrocutions – 71 (7.3%)

  • Caught-in/between* – 50 (5.1%)
    (*This category includes construction workers killed when caught-in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, or material)

Top 10 most frequently cited OSHA standards violated in FY 2018

The following were the top 10 most frequently cited standards by Federal OSHA in the fiscal year 2018 (October 1, 2017, through September 30, 2018):

  1. Fall protection, construction (29 CFR 1926.501) [related OSHA Safety and Health Topics page]

  2. Hazard communication standard, general industry (29 CFR 1910.1200) [related OSHA Safety and Health Topics page]]

  3. Scaffolding, general requirements, construction (29 CFR 1926.451) [related OSHA Safety and Health Topics page]

  4. Respiratory protection, general industry (29 CFR 1910.134) [related OSHA Safety and Health Topics page]

  5. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147) [related OSHA Safety and Health Topics page]

  6. Ladders, construction (29 CFR 1926.1053) [related OSHA Safety and Health Topics page]

  7. Powered industrial trucks, general industry (29 CFR 1910.178) [related OSHA Safety and Health Topics page]

  8. Fall Protection–Training Requirements (29 CFR 1926.503) [related OSHA Safety and Health Topics page]

  9. Machinery and Machine Guarding, general requirements (29 CFR 1910.212) [related OSHA Safety and Health Topics page]

  10. Eye and Face Protection (29 CFR 1926.102) [related OSHA Safety and Health Topics page]

85 MILLION NICE DOGS, keep in mind any dog can bite!

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Every year, almost 5 million people are bitten by dogs…., and most of those bitten are children, followed by senior citizens. Preventing dog bites is everyone’s responsibility, and simple measures can be very effective.

Please keep in mind that any dog can bite. From the smallest to the largest, even the friendliest, cute, and easy-going dogs might bite if provoked. Most dog bites are from a dog known to the person—their pet, a neighbor’s, or a friend’s.

It has long been considered that dogs are a man’s best friend, leading to dogs being considered friendly, loving family members. According to an article presented in May 2016 by the Insurance Information Institute (I.I.I.) titled ‘Dog Bit Liability,’ it is estimated that about 77.8 million dogs are owned as pets in the United States according to a 2015/2016 survey carried out by the American Products Association. It is also estimated that about 4.5 million people are bitten by dogs each year, with about 885,000 requiring medical attention for these injuries, half of which are estimated to be children, according to a report by the Centers for Disease Control and Prevention (CDC). In 2011, it was estimated that dog bites accounted for over one-third of all homeowner’s insurance liability claims, costing up to about $479 million, with State Farm Mutual Automobile Insurance Company, the most prominent writer of homeowners’ insurance in the U.S., paying out more than $109 million as a result of its nearly 3,800 dog bite claims in 2011 alone.

It is, therefore, the owner’s responsibility to ensure they can train and control their dogs. Dog owners should also be aware that they are solely responsible for the actions of their dogs and are subject to liabilities in the event of any attacks, bites, or property damage. In most states in the U.S., dog owners are free of liabilities resulting from losses incurred by trespassers attacked and injured by dogs.

New Hampshire’s “strict liability” dog bite law holds dog owners responsible for injuries their dogs inflict in various situations. The law is about canine-inflicted injuries more favorable to victims than most other states. It covers any cause of damage by a dog and applies to injuries to not only humans but also any property, including another dog or cat.
To help protect yourself from all liabilities resulting from dog ownership, dog owners must take the necessary precautions to ensure additional costs are not incurred. The ASPA has safety tips for both parents and pet parents, http://www.aspca.org/pet-care/dog-care/dog-bite-prevention and the DMVA also has helpful information www.avma.org/public/Pages/Dog-Bite-Prevention.aspx.

Apart from taking these precautions, it is also recommended that dog owners ensure they have vaccinated their dogs, have a rabies certificate, and are registered as dog owners are required by New Hampshire law.

466:1-a Vaccination Required.
Before a license is issued under the provisions of this subdivision, the owner or keeper of a dog shall furnish to the clerk verification from a licensed veterinarian that the dog has been vaccinated against rabies by the provisions of RSA 436. Persons applying for a group license under RSA 466:6 shall also furnish the clerk verification from a licensed veterinarian that the dogs have been vaccinated against rabies by RSA 436.
Notwithstanding paragraph I, if a valid rabies certificate is on file with the clerk by RSA 436:102, the owner shall not be required to produce such verification at the time of licensure.

466:1-b Rabies Certificate.
Upon receipt of a copy of a rabies certificate from a veterinarian according to RSA 436:102, the clerk of the town or city shall send a written notice to the owner or keeper of any unlicensed dog relative to the licensing requirements provided for in RSA 466:1. If the owner or keeper of the unlicensed dog fails to license the dog promptly, the town or city clerk shall notify the local law enforcement officer of a violation of RSA 466:1.

466:1-d Lists of Licensed Dog Owners.
Except as provided in paragraphs II and III and RSA 466:11 and RSA 466:14, no dog registration records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.
Dog registration records, information, or lists may be made available under a court order or in response to a request from the state, a political subdivision of the state, the federal government, or a law enforcement agency solely for use in official business. The request shall be on a case-by-case basis. Any information, record, or list received under this paragraph shall not be transferred or otherwise made available to anyone else or listed entity not authorized under this paragraph, except as provided in RSA 466:13.


Without otherwise compromising the confidentiality of the files, nothing in this section shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected or to a person or agency attempting to provide for the welfare of an animal.

10 Most Common Workplace Injuries

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  1. Overexertion – This includes injuries related to pulling, lifting, pushing, holding, carrying, and throwing activities at work. Overexertion has consistently been a number one workplace injury among the surveys and statistics.

  2. Fall on Same Level Surfaces – This pertains to falls on wet and slippery office floors. Other related examples are falls and slips especially by elderly people in snow-covered parking lots.

  3. Fall to Lower Level – This type of fall happens from an elevated area such as roofs, ladders, and stairways.

  4. Bodily Reaction – These are injuries caused by slipping and tripping without falling.

  5. Struck by Object – Objects that fall from shelves or dropped by another person. These can cause very serious injuries.

  6. Struck against an Object – This happens when a person accidentally runs into concrete objects such as walls, doors, cabinets, glass windows, table, chairs etc.

  7. Highway Incident – Transportation used for business purposes such as trucks and cars may be involved in an automobile accident just like any regular traveler.

  8. Caught In/ Compressed By – This type of injury usually occurs in a factory where large and dangerous machinery is used. Sometimes little or no precaution in its usage may endanger the safety of its operators. Exposure to extreme temperature is also an example of this workplace injury.

  9. Repetitive Motion – This type of workplace injury is one of those less obvious but definitely harmful ones in the long run. Repetitive motions such as typing and using the computer 24/7 can strain muscles and tendons causing back pain, vision problems, and carpal tunnel syndrome.

  10. Assaults and Violent Acts – Attacks caused by office politics and other arguments have led to serious physical injuries.

If your injury or illness requires it, you should seek medical care immediately!

The most important thing for an employee to know is that you should report the injury immediately to a supervisor, in writing if possible.

As an employee employed in New Hampshire sustaining an at-work injury, you have certain rights. Go to the applicable link “Injured Employee Benefits” for more information.  https://www.nh.gov/labor/workers-comp/workplace-injuries.htm  Or you can call (603) 271-3176 to speak to someone directly at the Department of Labor regarding subject matter pertaining to Workplace Injuries.

Rules to Consider for Your Teenage Driver

Individuals ages 16-19 are more likely to get into an automobile accident than any other age group and if you are a parent, this really is your worst fear. These accidents could be blamed on many things including inexperience and distractions and every time a young driver leaves the house with keys in hand, there is a chance one of these accidents could occur. Unfortunately, as a parent, there is nothing you can do to completely eliminate this possibility. However, there are rules that you could consider enforcing in your household in order to decrease the possibility.

Passenger Limit

Statistics show that the possibility of an accident among 16-17-year-old drivers increases with each additional passengers. Because young drivers have little experience with driving with friends, every additional passenger is a chance for an additional distraction. Today, each passenger also comes with a cell phone where they are streaming constant information and social media, which also increases the likelihood that your young driver will take their eyes off of the road.

Enforcing a passenger limit is one great way to help prevent your young driver from becoming distracted. Some parents set the limit to only one passenger. In fact, there are many states that outline this type of law and have guidelines in place based on a driver’s age. Before your child gets out on the road, be sure to check local and state law to make sure that your rules are aligned so that your child is not breaking the law.

Driving Radius

Although accidents can happen anywhere, it is wise to attempt and limit the amount of distance driven by your teenager in order to help prevent accidents. As stated before, young drivers are more easily distracted, and when driving in unfamiliar territory, distractions are more likely to occur.

When your driver first hits the road, enforce rules for a driving radius. For example, they are only allowed to drive within 10 miles of home on any given day. Another way that parents enforce this rule is by limiting the locations that teens are allowed to drive to, i.e., school, work, or a best friend’s house. By limiting the areas where your child drives, you are helping them to become more confident with their driving skills in a familiar area before you set them free.

Check-In Times

One way to help ensure that the rules you have enforced are being kept is to designate specific check-in times and locations with your teenager. If your child knows they are going to be held accountable for their actions and for following the rules, they are more likely to stick to them.

Every time your child reaches their destination, have them call or video chat you to let you know they are there. If you can hear their voice or see their surroundings, you may find that you are more comfortable with them being out on the road. Additionally, many phones have the ability to have the location tracked, which will allow you to know where your child is to help hold them accountable and in case of an emergency.

Having a young driver can be very nerve-wracking, but having rules in place may help to calm your nerves and increase your confidence that they will be okay.

Weekly Compensation Rate Increases Under the NH Workers’ Compensation Law.

The maximum weekly compensation rate under the New Hampshire Workers’ Compensation Law will increase from one thousand five hundred eighty-two dollars and fifty cents ($1,582.50) to one thousand six hundred twenty-nine dollars and zero cents ($1,629.00) effective July 1, 2019.  In order for an injured employee to receive the maximum benefit, the employee must have an average weekly wage as determined by RSA 281-A: 15, in the amount of $2,715.00 or more.

The minimum weekly compensation rate under the New Hampshire Workers’ Compensation Law will increase from three hundred sixteen dollars and fifty cents ($316.50) to three hundred twenty-five dollars and eighty cents ($325.80) effective July 1, 2019.  Minimum weekly compensation is 30% of the State’s Average Weekly Wage for injuries after 2/8/94.

  • If an employee’s average weekly wage as calculated on Form No. 76WCA, is $325.80 or less, the weekly compensation shall be the full amount of the employee’s average weekly wage, but in no event shall the weekly compensation rate exceed 90% of the employee’s after tax earnings.

  • If an employee’s average weekly wage is greater than $325.80 but less than $2,715.00, the weekly compensation shall be 60% of the employee’s average weekly wage or $325.80 whichever is greater. In no event, however, shall the weekly compensation rate exceed 100% of the employee’s after tax earnings.

These changes are in accordance with RSA 281-A: 28.  The increases are based upon information from the Department of Employment Security, which establishes the State’s Average Weekly Wage.  For calendar year 2018, the State’s Average Weekly Wage figure is: one thousand eighty-six dollars ($1,086.00).

Please direct any questions regarding the application of new maximum or minimum benefits to the attention of the Workers’ Compensation Division, 95 Pleasant Street, Concord, New Hampshire 03301 or telephone (603) 271-3174.

                                                                              Ken Merrifield

                                                                              Commissioner of Labor

What Are Workers’ Compensation Benefits?

New Hampshire Workers’ Comp Covers All Employees.

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It doesn’t matter whose fault the injury was. In most cases, employees can get workers’ comp, including part-time, temporary, and immigrant workers. Undocumented workers are eligible for most types of workers’ compensation benefits, including payment of medical bills.

Injured Workers’ Benefits:

New Hampshire Workers’ Compensation law is designed to help people who have an accidental injury or illness suffered while working. The basic worker’s compensation benefits include lost wages (known as indemnity benefits), payment of medical bills, vocational rehabilitation, and sometimes even for permanent injuries or impairments.

Weekly Indemnity Checks:

Weekly checks repaid to you in place of your check that you usually receive from your employer. They are your lost wages. Under the law, if you are disabled while working, you are entitled to a check from the insurance carrier in the amount of 60% of your gross average weekly wage. Generally, your average weekly wage is calculated on the last 26 weeks (or up to 52 weeks whichever is more advantageous to the employee) of paychecks before your injury

Medical, Hospital & Remedial Care:

Any medical bills you incur are automatically paid by the insurance carrier as long as they are directly related to the workplace injury, and are reasonable and necessary. This provision usually includes costs associated with prescriptions and over the counter medicines or mobile devices and reimbursement for mileage to and from the doctors’ offices.

Vocational Rehabilitation:

In some cases, vocational rehabilitation may also be appropriate. If your doctor has released you to return to work, but are unable to return to your prior employment, you may be entitled to receive help in finding a new job or occupation by way of a private vocational rehabilitation specialist, paid by an insurance carrier.

Permanent Impairment Award:

If the doctor says you have a permanent impairment, you are entitled to a certain sum of money depending upon the extent of your injury. This award is evaluated by using the 5th Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment

Please do not hesitate to contact our office if you or someone you know needs assistance.  Attorney John FitzGerald was a former Workers’ Compensation Hearings Officer at the NH Department of Labor and has over 32 years concentrating in workers’ compensation law. Always a free consultation!  

Patch & FitzGerald: Relentless Advocates, Winning Results.

 

2 Motorcycle Safety Tips for New Riders

While the roadways are filling back up with summer motorcycle traffic, the National Highway Traffic Safety Administration (NHTSA) and the American Motorcycle Association encourage automobile drivers to be extra vigilant and stay on the lookout for motorcycles.  Motorcyclists don’t have the benefit of airbags and are not surrounded by the frame of a car or truck to protect them.  These accidents can result in severe and possibly permanent injuries.  Here are two important safety tips for the beginner rider.

1. WEAR PROTECTIVE GEAR

New Hampshire is one of three states, along with Illinois and Iowa, without a motorcycle helmet law.  Even though there are no helmet requirement laws in New Hampshire,  numerous studies have shown that wearing a helmet while riding reduces the chances of a devastating head injury or even death in the event of an accident.  

Motorcycle Helmet

Choosing the right motorcycle helmet can mean the difference between life and death.   We know it can also mean the difference between a comfortable ride and a miserable ride.  

Find Your Fit – Keep in mind the shape, size, and style of the helmet.

Check Safety Ratings – Make sure your helmet has the DOT symbol on the outside back; this means it meets our Federal Motor Vehicle Safety Standard (FMVSS) No. 218.

Protective Clothing

Your head isn’t the only thing you should protect while riding. Besides a helmet, the NHTSA and Motorcycle Safety Foundation (MSF) says the proper protective apparel for a motorcyclist to wear includes a heavy-duty jacket and long pants, boots, gloves, and eye protection.  Reflective clothing is also highly advised for night riding

2. KNOW AND IMPROVE YOUR SKILL LEVEL

Know Your Skill Level

If you are a novice rider, riding on the road in the middle of traffic is not the time to test yourself.  

Always ride in a lane as a regular car would.  Even skilled riders shouldn’t share lanes as “lane splitting” is dangerous and is also a common cause of accidents

Don’t rush to take your friend on your new motorcycle.  Most riders enjoy taking their friends on rides.  If not careful, you can end up face-first on the pavement. The handling and dynamics of a motorcycle are different when carrying a passenger than riding alone.

Improve Your Skill Level

Practice in an empty parking lot at low speed.  Learn to properly brake, shift gears, and steer the bike while gradually moving up to road speed.  Better to dump your bike in an empty parking lot than on the road in the middle of traffic.  Don’t expect to master any of these skills in a single day.  Competent riding takes time.

Take a motorcycle safety course taught by a professional.  Check with your local DMV to see if they have a required course for you to take, or if there may be classes available through the Motorcycle Safety Foundation.  You can find a local branch or take their basic eCourse accepted by many states.

If you were injured in a motorcycle accident, contact Patch & FitzGerald (603) 647-2600 and schedule a free initial consultation.

NH HB 359 Relative to Warning Labels on Prescription Drugs Containing Opiates.

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A controversial bill to add warning labels to opioids is slowly making progress through the New Hampshire legislature. HB 359, which passed the House back in March, as amended by the Senate last week. The new the version of the bill requires any controlled substance containing opioids be labeled with a red sticker with the word “opioid” on the cap of the container. Opponents continue to fight the bill believing the red labels will make opioids easier to identify and put patients at risk of having their medications stolen.

Patch & FitzGerald Expands to Accommodate Explosive Growth of its Workers’ Compensation and Personal

As part of an expansion, the New Hampshire-based law firm of Patch & FitzGerald has relocated its practice to the historical Millyard in Manchester on April 1, 2019, located at 500 N. Commercial Street, Suite 403-A, Manchester, NH. The move reflects an expanded focus on Workers’ Compensation and Personal Injury practice areas as well as Appellate Work.

The new location will better accommodate clients through an expanded intake area, enhanced telecommunications capabilities for clients, more meeting rooms and overall ease of access.

Founding partner John FitzGerald characterized the move as a great opportunity to continue to provide the highest quality legal services to clients throughout New England. “We have been honored and gratified by the explosive growth of our core areas of practice and see this new location as part of a strategy to continue our laser-like focus in these key practice areas.  For over 22 years, clients have relied on us to be their strongest advocates in matters that can often be difficult and confusing. The reputation of this firm is founded on obtaining great results for those clients, earning their trust every day.”

The growth of its Workers’ Compensation and Personal Injury practice areas is a reflection of the cyclical economy of the region as well as the long history and successful track record of the firm. “Whether businesses are expanding or contracting, employees get injured-- both the employee and the employer need resources to navigate the disputes that tend to flare.  We provide that certainty and protection,” explains FitzGerald.

FitzGerald is an award-winning attorney. His background as a former hearings officer for the Department of Labor affords his firm a unique opportunity to understand the intricacies of worker’s compensation laws, personal injury and the perspectives of both plaintiff and defense positions.  With over 30 years of experience, the firm has become one of the most respected boutique law firms in Northern New England.