Workers' Comp Case 1

What Happened: A welder was working in an area where electricity had been shut off. He tried to restart the power at an electrical box, but an arc blast threw him to the ground and caused burns on 25 percent of his body. Although as a general rule, workers cannot file lawsuits against employers for injuries sustained on the job, but can only submit claims for Worker's Compensation, there is an exception to that rule when employers act with deliberate intent. The welder sued the company under that exception.

In 2013, an enforcement initiative was launched by OSHA focusing on the improvement of safety measures for temporary workers. OSHA defines "temporary workers" as workers that are supplied to a host employer and paid by a staffing agency. This applies whether the worker's job is temporary or not. OSHA's enforcement initiative focuses on identifying temporary workers, evaluating whether they are exposed to any safety hazards, and determining if they have received proper training and protection.

The Occupational Safety and Health Administration continues to enforce its policy of assessing safety violations on a company-wide basis. OSHA has assessed repeat violation penalties when a multi-location employer has been cited for the same or similar violation of a standard, regulation, rule or order at two or more of its locations within the last five years.

In the past, OSHA would issue citations and assess penalties only for repeat violations occurring at the same facility. Regardless of criticism, OSHA has remained unwavering in defending the need for this enforcement practice.

Workers Comp Case 1

Outagamie v. Labor and Industry Review Commission

What happened: In this slip, trips, and falls case, a County maintenance employee was on call for emergencies. On a day when the roads were icy, the County called him, while he was at home, to do a repair. After completing the job, he drove home and parked in his garage. While walking from his garage to his house, he slipped on ice on his driveway, fell and hurt himself. He filed a Workers Comp claim.