Los Angeles Workers' Issues and Personal Injury Blog

Some months ago, a decision by the California Supreme court had the labor community sit up and take note. The plaintiff accused a transportation company of wage and hour violations stemming from his service of driving his own truck for the defendant and his classifications as an independent contractor. The court based its ultimate decision on the Dynamex ABC test rather than the Borello Test, which is a multifactor test used to determine employment status for workers' compensation purposes and all matters unrelated to wage orders.

Under Borello, the employment relationship is tested in so far as the person who renders the service is subject to the control of the person for whom the service is provided with relation to the means and manner in which desired result is achieved. The existence of an employment relationship might be evident if the worker can be discharged at will and without cause. In this case, the court found that the complaints were wage-order related and, therefore, subject to the ABC test.

Employers in all industries in California must inform their workers of all the potential health and safety risks they might encounter. While safety training could teach workers how to mitigate hazards that typically cause construction workers accidents, many may not be aware of the dangers posed by asbestos. Whenever they work on buildings that date back to the 1970s and earlier, construction workers are sure to be exposed to asbestos.

Asbestos could be present in shingles, roofing felt, floor tiles, insulation in boilers and pipes, cement, caulks and putty. The danger is in the particles that become airborne when asbestos is disturbed. Walking on tiles containing asbestos poses no threat, but as soon as they are filed, or holes are drilled into the tiles, fibers will be released into the air for unsuspecting workers to inhale.

The onset of industrialization brought a demand for efficiencies. Significant attention was spent monitoring workers time on routine tasks. Once a standard was set, workers were held to it. Underperforming was punished and overperforming was rewarded.

With the demand for package delivery increasing rapidly, more and more warehouse managers are beginning to obsess over increasing efficiency to the detriment of the workers. A case in point is Amazon where workers have reported increased pressure to shorten bathroom breaks and even jog from one task to another. Combining a dangerous job like warehouse work with such high-performance standards is a recipe for disaster.

Opioid use has run rampant all over the United States with thousands of people losing their lives every year. Opioids are extremely dangerous, particularly due to the fact they are so addictive. Unfortunately, many people's addictions begin with legal, prescribed painkillers they received after an accident. When it comes to many workers' comp claims, doctors are quick to prescribe opioids to help the individual manage the pain, but it is vital to be aware of the risks and potential for addiction.

Researchers have begun to look into the link between injuries sustained in the workplace and the potential for addiction later in life. Some of the most common injuries workers from any field can experience include chronic joint pain, permanent disability, strains, sprains and crushes. Some people may be in extreme pain while others are only in mild discomfort, but far too many doctors want to prescribe opioids no matter what.