Legal treatment of the asthmatic worker: a major problem for the nineties
Article Abstract:
Asthma may soon become the most common type of respiratory disease caused by exposure to irritating substances in the work environment. Unfortunately, asthma may become so severe that an employee is disabled by it, and can no longer work. The legal issues involved in deciding whether an individual should receive disability benefits are discussed in this report. Cases in which a worker's pre-existing asthmatic condition was aggravated by the work environment are particularly difficult to resolve, as are cases in which the duration of employment was brief. Workers' compensation has been awarded to employees who were chronically exposed to low-level irritants present only in the work environment. This trend is now leading to compensation for workers whose asthma is unrelated to work, but who can not work because the irritants to which they react are present everywhere, including the workplace. This interpretation of the law, called ''humanitarian'' by some, will likely yield a large group of workers who are legally considered disabled by their asthma, a disease that is generally incurable. However, some individuals have no remaining disability once they are separated from the irritating substance; by providing an economic incentive for them not to work, useful human resources are being wasted. It is suggested that encouraging physically able persons to remain unemployed may have adverse psychological effects on the individual and will drain the economy, because the costs of workers' compensation are considerable. (Consumer Summary produced by Reliance Medical Information, Inc.)
Publication Name: Journal of Occupational Medicine
Subject: Health care industry
ISSN: 0096-1736
Year: 1990
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Expenditures for nonspecific back injuries in the workplace
Article Abstract:
Costs associated with work-related back disability have been increasing. Worker's Compensation claims in Tennessee, finalized during 1986, were studied. There were 29,421 claims costing $160 million. Medical expenses generated 40 percent of the total cost of claims, with the remainder attributed to lost work time. Claim analysis revealed 27 percent involved back injuries, and 90 percent of these showed no objective evidence of muscle or bone impairment and were classified as nonspecific. These nonspecific back injuries accounted for 40 percent of the total cost of Worker's Compensation claims. The median interval for return to work was 31 days, but the average for the group was 72 days, indicating a highly skewed distribution. The 10 percent with the highest claim cost accounted for 57 percent of the total expenditure for Worker's Compensation claims. This study, along with other studies cited by the author, suggests that the current system of back-injury assessment and treatment contributes to the very high costs of nonspecific back-injury. There is a marked contrast between relatively low costs when a person returns to work soon after the injury, and very high costs for those who do not return for 90 days or more. The financial data presented here support the need for a reappraisal of the clinical management of nonspecific low-back pain. It has been suggested that the patient be given more responsibility for his progress, that medical management be focused more on rehabilitation than on rest, and that an early return to work is both desirable and appropriate.
Publication Name: Journal of Occupational Medicine
Subject: Health care industry
ISSN: 0096-1736
Year: 1989
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Factors affecting workers' compensation claims activity
Article Abstract:
The number of workers' compensations claims being filed within any jurisdiction is related to several factors, including the legal (regulatory) environment, the amount of occupational injury cases and the general employment environment. In this study, claims for occupational hearing loss in West Virginia were analyzed. The numbers of such claims have risen dramatically in the state, with a nearly 50-fold increase during the period from 1980 to 1987. The study questions whether this elevation has occurred because of a more aggressive approach to hearing impairment or because of other socioeconomic issues. A statistically strong relationship was found to exist between economic conditions which cause people to leave the work force and an increase in workers compensation claims. This finding was also substantiated by previous research examining compensation claims in the 1970s. Similarly, an inverse relationship was found between the male work force and the number of compensation awards for occupational hearing loss. Medical professionals should recognize that compensation claims may relate more to economic difficulties than to physical injury.
Publication Name: Journal of Occupational Medicine
Subject: Health care industry
ISSN: 0096-1736
Year: 1989
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