Steps to take to identify and prevent heat-related illness at work

June 7, 2017 | 8:53 am


The following article written by Chain | Cohn | Stiles lawyers James Yoro and Beatriz Trejo appeared in the Kern Business Journal

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Summer is here, and with temperatures exceeding 100 degrees in Kern County, employers and employees must take precautions against the summer heat.

Heat-related illnesses can cause serious injury and even death, with local agricultural and construction industries are particularly affected when temperatures rise.

Under California’s Heat Illness Prevention Act, growers and contractors are required to provide water, shade and rest breaks to workers. In addition, supervisors are required to receive training on the signs of heat illness, and fines for not adhering to these rules could reach $25,000.

In addition, employers are required to establish, implement, and maintain an effective Injury and Illness Prevention Program. To successfully tailor procedures to your work activities, evaluate and consider the special conditions at your work site. An employer should consider the size of the crew, the length of the work-shift, the ambient temperature, and the presence of personal protective equipment or additional sources of heat.

If you as a worker begin to suffer any of the signs or symptoms associated with heatstroke, you should immediately notify supervisors so that remedial steps can be taken. Do not delay in reporting your situation, as heat-related medical conditions can be life-threatening if left unattended. If first aid is not sufficient to treat symptoms or complaints, and medical attention is required, the filing of a workers’ compensation claim may be necessary.

Here are some other notes to keep in mind regarding heat-related illnesses:

 

Heat exhaustion versus heatstroke

Heat exhaustion occurs when the body is depleted of water and salt; in other words, the body is dehydrated. Symptoms of heat exhaustion include confusion, dark-colored urine, dizziness, fainting, fatigue, headache, muscle or abdominal cramps, nausea, vomiting or diarrhea, pale skin, and rapid heartbeat. If not addressed, heat exhaustion can lead to heatstroke, the most serious of heat-related illnesses.

During a heatstroke, a person’s core body temperature reaches 105 degrees or higher, which directly affects the nervous system. Symptoms of heatstroke include fainting, throbbing headache, dizziness or light-headedness, lack of sweating, hot or dry skin, muscle weakness or cramps, nausea and vomiting, rapid heartbeat, confusion, disorientation, staggering, seizures, and unconsciousness.

 

Prevention

There are several ways to avoid a heat-related emergency. Do not wait until you are thirsty to drink fluids because thirst is not a good indicator of fluid loss. Drink plenty of water when you know you will be in a hot environment. Make sure to wear loose, light, and lightweight clothing when exposed to heat to encourage heat release. Avoid hot, heavy meals during the work day. A heavy meal will divert blood flow to aid with digestion. Make sure to take frequent breaks to rest under shade, and hydrate.

In the event of a heat-related emergency, call 9-1-1. Move the victim to a cool shaded area, and loosen and remove any heavy clothing. If the person is still conscious, have them drink cool water, and try cooling the person down by fanning them. If ice is available, place ice packs are on the person’s head, armpits and groin. Heat-related illnesses are 100 percent preventable.

 

James Yoro is senior partner at Chain | Cohn | Stiles, where he manages the law firm’s workers’ compensation practice, and has nearly 40 years of experience in his field. Beatriz Trejo is an associate attorney focusing on work injuries at Chain | Cohn | Stiles.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Chain | Cohn | Stiles fights to protect the rights of all injured workers in California, including immigrants

April 12, 2017 | 9:18 am


Did you know that in California, Latinos are less likely to file workers’ compensation* claims, yet have the highest rates of work-related injuries? They are also less likely to seek medical attention, have less access to medical facilities, and face the highest percentage of retaliation at work.

Undocumented workforce, in particular, suffer the most for fear of losing their jobs or facing negative reaction from their employers when they are hurt on the job.

Attorneys from the Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles have been speaking out about the rights of all injured workers in California — documented and undocumented. The message: It’s vital for lawmakers in California to implement laws that continue to strengthen the rights and protections of all its workers, including undocumented immigrants.

“Latinos are the lifeblood of many industries in California, particularly in the Central Valley, and contribute tremendously to our nation’s economy,” said Beatriz Trejo, workers’ compensation attorney with Chain | Cohn | Stiles. “They deserve equal protection under law.”

Trejo served as the moderator for a recent California Applicants’ Attorney Association (CAAA), Latino Caucus, symposium that aimed to educate on the issues affecting Latino workers in California. Trejo is the president for the Bakersfield Chapter of CAAA.

The symposium focused on these alarming statistics: Latinos account for 59.4 percent of all workplace injuries and 37.8 percent of all workplace deaths. They experience a higher rate of injuries in California because of their employment industries — agriculture, warehouse and packing, food processing plants, or truck driving to name a few.

Workers’ compensation claims are less reported among undocumented immigrants because their immigration status is used as a weapon of intimidation. Despite the passage of strong labor laws, they are rarely enforced, according to coverage from Vida en el Valle, a publication that covers news from the Latino community in the Central Valley.

Because of these concerns, Trejo has been speaking at various “community town hall” meetings throughout Kern County, including Lamont, Arvin, Delano, Taft and Bakersfield. They are hosted by the Immigration Justice Collaborative, a group of volunteer attorneys who aim to educate undocumented residents in Kern County on their basic legal rights.

During the town hall meetings, Trejo gives a brief description of the rights of injured workers under the California Labor Code, and meets briefly with those with additional questions. Under Labor Code §1019: “It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees.”

And under Labor Code §98.6, “No person shall discharge an employee or in any manner discriminate against any employee or applicant for employment” for filing work injury claims, for example.

Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone. In California’s workforce, it’s estimated that about one in ten workers is undocumented.

“It’s critical to continue to help Latino and undocumented workers with their work injury claims, to make sure they are fairly compensated and make sure their rights are protected,” Trejo said.

Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone, according to Vida en el Valle. In California, it’s estimated that about one in 10 workers are undocumented.

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If you or someone you know is injured on the job, please contact the workers’ compensation lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website, bakersfieldwclawyers.com.

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MEDIA COVERAGE

Safety Tips: ‘Cumulative trauma’ injuries from work, and how to avoid them

August 31, 2016 | 6:00 am


NOTE: The article below, written by Chain | Cohn | Stiles workers’ compensation attorneys James Yoro and Beatriz Trejo, appeared in the August/September 2016 issue of the Kern Business Journal. The Journal is a bi-monthly publication by The Bakersfield Californian that showcases business and industry developments across Kern County.

This article focuses on important tips to prevent cumulative trauma injuries in the workplace. This occurs when there is repetitive strain in the muscles, nerves, ligaments, and tendons. To view the article in the publication, click here. To see the entire publication online, click here

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In today’s technology-driven work life, it is easy to imagine an 8-hour day sitting behind a computer screen. Alternatively, we are exposed to long hours of standing or repetitive movements, which may lead to what is called a cumulative trauma injury, which occurs over time, as opposed to one caused by a particular event leading to a specific injury.

California law recognizes both of these injuries equally. The following are some tips for avoiding repetitive trauma injuries in the workplace:

Take breaks and use them wisely

No matter what activity you perform most in your daily work life – sitting, typing, lifting or bending, for example – your body is not likely meant to tolerate it for long periods of time. Make sure to take breaks from these activities by avoiding them. Avoid leaving your desk to simply sit in the break room. Avoid straining your eyes at your computer to check text messages on your phone. Instead do what would seem like the opposite – like walking or stretching.

Make sure to tell your doctor

The most common question in a cumulative trauma injury is, “When did the symptoms start?” It is quite rare for a person to actually remember the first time they experienced any type of symptoms. For the most part, a person will ignore symptoms and simply attribute them to being tired or sore in hopes that they will go away. However, this is rarely the case. A cumulative trauma injury is one with a prolonged period of injurious exposure. This means that whatever activity you are performing at work is causing your pain and discomfort and will continue to accumulate unless you change something.

Stay hydrated

With temperatures above 100 degrees, it’s easy to fall behind on liquid intake. Dehydration and heat exhaustion poses a threat particularly for people engaged in outdoor activities. The long Kern County summers makes this threat an ongoing issue that must be addressed daily.

Get plenty of sleep

Sleep plays a vital role in good health and well-being throughout your life. Getting enough quality sleep at the right times can help protect your mental health, physical health, quality of life and safety. The way you feel while you’re awake depends in part on what happens while you’re sleeping. During sleep, your body is working to support healthy brain function and maintain your physical health. The damage from sleep deficiency can occur in an instant or it can harm you over time. For example, ongoing sleep deficiency can raise your risk for some chronic health problems. It also can affect how well you think, react, work, learn, and get along with others.

Stress can impair your immune system and make you more susceptible to illness and injury. Often we are confined to the daily routine without proper rest which leads to stress if an appropriate break or vacation is not enjoyed. Vacations are an important part of maintaining a healthy and long work life. Remember, rest and rejuvenation is vital components to avoiding injury from repetitive work activities.

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RELATED MEDIA

— Compiled by Evelyn Andrade for Chain | Cohn | Stiles

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.