The new report by the Government Accountability Office (GAO) found that both workers and health care professionals are often pressured not to report workplace injurues.  The GAO surveyed more than 1,000 occupational health practitioners and found (1) more than two-thirds observed worker fear for reporting an injury or illness, (2) a third said they were pressured by employers to provide insufficient treatments to workers to hide or downplay work-related injuries or illnesses, and (3) more than half of practitioners said they were pressured by an employer to downplay an injury or illness so it wouldn’t be reported on an official log.  Full report available here.  Coverage here.

Categories: General News Tags: OSHA, Retaliation, Workers' Compensation, Workplace Safety

Valerie Johnson spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle.  Valerie’s talk was part of a session concerning health and safety for workers.  She presented a paper, written along with Narendra Ghosh, titled How Can Unions Protect Injured Workers?

Summary: This paper discusses some common problems faced by injured workers and the remedies available to them. First, workers are often blamed for their own injuries, and then disciplined or discharged for violating safety rules. Those covered by a CBA can contest those sanctions through arbitration. Second, workers who have recovered from their accident may be denied from returning to their jobs on account of their injury. In some cases, such a denial is unlawful under the Americans with Disabilities Act (“ADA”). Third, workers injured by unsafe workplaces may be retaliated against if they report the safety hazard to their employer. Retaliation can be challenged under OSHA § 11(c), and often also under state law.  Finally, those assisting injured workers should always bear in mind the benefits available under workers’ compensation law and the Family and Medical Leave Act (“FMLA”).

Categories: News of the Firm Tags: ADA, AFL-CIO, Articles, Case Commentary, FMLA, LCC, Narendra Ghosh, OSHA, Presentation, Retaliation, Union, Valerie Johnson, Workers' Compensation