Contract employees could strain workers’ comp
- Employers who contract “gig” workers — freelancers, independently employed or subcontracted workers are responsible for a workers’ comp claim under their own policy if an injury occurs.
- Whether or not a worker qualifies as an independent contractor (IC) has long plagued the workers’ comp system.
- Common examples include construction contractors, attorneys, accountants, real estate agents, freelance writers, and graphic designers.
- A properly classified independent contractor is not entitled to workers’ comp under the principal’s insurance if they are injured. Instead, they could file a personal injury lawsuit for damages if they do not have their own insurance coverage.
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Pennsylvania appeals court turns down workers’ comp case
- An appellate court in Pennsylvania rejected an appeal by the City of Philadelphia in a case involving a firefighter who was diagnosed with kidney cancer that he claimed was work-related.
- The court declined to overturn a worker’s comp claim for Joseph Healey, who began working for the Philadelphia Fire Department in 2003 and was diagnosed with cancer in 2016.
- Healey filed for comp benefits in 2019 but the city, as an employer, contested causation, arguing the cancer was not occupationally caused.
- One of the cancer-causing chemicals Healey claims he was exposed to was not initially listed as a Group 1 carcinogen, but it was later added when Pennsylvania revised its comp law.
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Virginia passes COVID-19 workers’ compensation bills
- The Virginia General Assembly passed multiple bills allowing healthcare workers and first responders to receive workers’ compensation benefits if they are disabled or die due to COVID-19.
- House Bill 1985 expanded workers’ compensation benefits for healthcare workers “directly involved in diagnosing or treating persons known or suspected to have COVID-19,” including doctors and nurses.
- The bill provides coverage from March 12, 2020, until Dec. 31, 2021.
- Senate Bill 1375 and HB 2207 cover workers’ compensation for first responders who are diagnosed or died from COVID-19 on or after Sept. 1 of last year.
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Ohio manufacturer faces $171K in penalties after worker suffers amputation
- A mold machine operator at an Ohio foundry suffered a right thumb amputation in February 2023, they learned the company took no corrective action despite knowing that an employee using the same machine avoided a similar injury eight months earlier.
- Investigators found Quality Castings Company in Orrville, Ohio, failed to lockout the core mold machine’s operating parts during service and maintenance.
- The lack of protection allowed the operator’s hand to become caught by the rotating mold as they adjusted the machine’s flame. The company also failed to guard the machine and did not train workers on safety procedures as required.
- OSHA issued one willful and one serious safety violation and proposed $171,884 in penalties.
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