April 15, 2020

COVID-19 Workers' Compensation Presumption

April 15, 2020

The Schmidt & Salita Law Team is excited and proud to announce brand new legislation regarding COVID-19 exposure for Minnesota Workers’ Compensation claims. The new bill, which was passed April 7, 2020, provides certain workers in the front-line fight against COVID-19 with a presumption of exposure in their workplace. Attorney Dean Salita—who has committed his career to helping those workers injured or exposed to occupational hazards in the workplace—played a significant role in drafting the bill’s language and negotiating for expanded benefits for Minnesotans on the front line of fighting this virus. This new bill means that specific Minnesota employees will be presumed to have contracted COVID-19 from their workplace and are therefore entitled to worker's compensation benefits by default. The Preumption is similar to Firefighters and Cancer diagnosis.

Specific workers who will be entitled to workers’ compensation benefits from a COVID-19 diagnosis as a presumption include:

· Licensed Peace Officers

· Firefighters

· Paramedics

· Nurses and Health Care Workers

· Correctional Officers

· Emergency Medical Technicians

· Health Care Providers employed in a home-care and long-term care setting, and

· Employees providing required childcare to children of first responders and health care workers, as defined by Executive Order.

Those in the specific groups above who tested positive or were diagnosed by a doctor, physician’s assistant, or advanced-practice registered nurse are presumed to have contracted COVID-19 in the course and scope of their employment. This entitlement to benefits can only be rebutted if the employer and insurer affirmatively show that employment was not a direct cause. This is a very high burden that insurers are unlikely to meet.

This does not mean that employees who are not in the listed groups cannot bring a worker's compensation claim as a result of COVID-19 exposure, it simply means they have to prove they contracted it at work. All Minnesotans have a part in the fight against COVID-19, and the Schmidt & Salita Law Team continues to be committed to helping those injured or exposed in the workplace. Leave the burden of fighting for your work compensation benefits to the experienced and passionate attorneys and legal team at Schmidt & Salita Law Team. We know and understand the law. We helped write and negotiate it to help those in the front line. We are very appreciative of them. Dean Salita and the Schmidt & Salita Law Team are very proud to have been a part of this bill that will provide benefits to those who truly deserve our highest accolades at this time. They are heroes. Many thanks to all who have helped in this fight for Minnesota workers.

At Schmidt-Salita Law Team we discuss your employment history and where you may have contacted COVID-19. We are handling COVID-19 cases on behalf of employees and their families. We pursue claims and lawsuits against those employers, for medical care, lost earnings, the victim’s pain and suffering, or the survivors’ losses. Please contact us at

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

February 20, 2020

Workers' Compensation

OCCUPATIONAL/WORKPLACE CANCER

Douglas Schmidt

February 20, 2020

Workers' Compensation

A very nice concise and informative article by the Institution of Occupational Safety and Health (IOSH). It reads:

Occupational cancer is caused wholly or partly by exposure to a cancer causing agent (carcinogen) at work, or by a particular set of circumstances at work.

Cancer is not a single disease with a single cause or treatment. It develops when cells in the body grow in an uncontrolled and abnormal way. There are numerous types of cancer, each with its own name and treatment and different types of cancer have their different sets of causes. Many occupational cancers affect respiratory organs, or the skin or liver. An individual’s risk of developing a cancer is influenced by a combination of factors including personal habits such as smoking and alcohol consumption, genetics, personal characteristics such as gender, ethnicity, age, exposure to carcinogens in the environment and so on.

Statistics

Thousands of people die each year from cancer due to occupational causes. It is estimated that occupational cancers are a leading cause of work-related death worldwide. Asbestos related diseases alone account for at least 100,000 deaths worldwide each year. I

It is difficult to determine a true figure for occupational cancers because of the latent nature of the disease. An individual might be exposed to a cause of cancer and not develop any noticeable symptoms until many years later. With current people moving between different job roles and companies, it can be difficult to determine a specific exposure or cause.

What causes occupational cancer?

Occupational cancer is caused by exposure to carcinogens in the workplace. Carcinogens are agents that cause the development or increase the incidence of cancer. There are three different types of occupational carcinogens:

Biological carcinogens - some micro-organisms such as viruses have been known to cause cancer, either by damaging cells directly or by decreasing the body’s ability to control abnormal cells, for example Hepatitis B, HIV viruses and so on.

Chemical carcinogens - a number of chemicals are known to be carcinogenic. These chemicals may occur naturally, such as asbestos, be manufactured like vinyl chloride, or be by-products of industrial processes, for example, polycyclic aromatic hydrocarbons.

Physical carcinogens - agents such as ionising and ultraviolet (UV) radiation have the potential to cause cancer. Examples of ionising radiation include X-rays and alpha, beta and gamma radiation. UV radiation can be divided into a number of bands such as UV-B, UV-C etc, some of which are known to cause skin cancer.

Certain occupational circumstances, such as working as a painter or as a welder are also associated with increased risks of some occupational cancers. Occupational cancer can arise from exposure to many substances or from certain occupational circumstances such as:

Asbestos fibers (colorectum, larynx, lung, ovary, pharynx, stomach cancers, mesothelioma)
Wood dusts (nasopharynx, sinonasal cancers)
UV radiation from sunlight (skin cancers)
Metalworking fluids and mineral oils (bladder, lung, sinonasal, skin cancers)
Silica dust (lung cancer)
Diesel engine exhaust (bladder, lung cancers)
Coal tars and pitches (non-melanoma skin cancer)
Arsenic (bladder, lung, skin cancers)
Dioxins (lung cancer)
Environmental tobacco smoke (passive smoke) (lung cancer)
Naturally occurring radon (lung cancer)
Tetrachloroethylene (cervix, non-hodgkin’s lymphoma, oesophagus cancers)
Work as a painter (bladder, lung)
Work as a welder (lung cancer, melanoma of the eye)

The International Agency for Research on Cancer (IARC) lists over 50 substances which are known or probable causes of workplace cancer, and over 100 other possible substances.

At Schmidt-Salita Law Team we discuss your employment history and have significant records with known chemicals, carcinogens or asbestos-containing materials and job sites . We have handled many cases on behalf of employees and their families. We pursue claims and lawsuits against those employers, mining companies, manufacturers and third parties for medical care, lost earnings, the victim’s pain and suffering, or the survivors’ losses. Please contact us at

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

December 20, 2019

Workers' Compensation

New OSHA Standards for Silica

Douglas Schmidt

December 20, 2019

Workers' Compensation

This description from a recent seminar is a good explanation for the OSHA new standard and why those who work with silica need to know. Crystalline silica is a common mineral found in the earth's crust. Materials like sand, stone, concrete, and mortar contain crystalline silica. It is also used to make products such as glass, pottery, ceramics, bricks, and artificial stone. Silica is a mineral made up of silicon and oxygen, two of the most common elements on the planet. It comes in several forms, although by far the most common is crystalline silica. Crystalline silica is so abundant that it makes up over 12% of the earth's crust, making it the second-most common mineral on the planet.

Respirable crystalline silica means quartz and quartz is the most common of these, which transforms into cristobalite when heated at high temperatures (over 1450 °C). The presence of Cristobalite, and/or tridymite, which are contained in airborne particles, can be determined to be respirable size particles by performing a specific type of air sampling.

Respirable crystalline silica are very small particles that are at least 100 times smaller than ordinary sand you might find on beaches and playgrounds. It is created when cutting, sawing, grinding, drilling, and crushing stone, rock, concrete, brick, block, and mortar. Activities such as abrasive blasting with sand; sawing brick or concrete; sanding or drilling into concrete walls; grinding mortar; manufacturing brick, concrete blocks, stone countertops, or ceramic products; and cutting or crushing stone can result in unprotected workers being exposed to respirable crystalline silica dust.

Industrial sand used in certain operations, such as foundry work and hydraulic fracturing (fracking), is also a source of respirable crystalline silica exposure. About 2.3 million people in the U.S. are exposed to silica at work.

Workers who inhale these very small crystalline silica particles are at increased risk of developing serious silica-related diseases, including:

Silicosis, an incurable lung disease that can lead to disability and death
Lung cancer
Chronic obstructive pulmonary disease (COPD)
Kidney disease

To protect workers exposed to respirable crystalline silica, OSHA has issued two respirable crystalline silica standards: one for construction, and the other for general industry and maritime. The recently updated standard lowered the permissible exposure limit for the employee and provides the employer options in determining and developing the best control methods for their work sites.

At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

November 26, 2019

Workers' Compensation

Welding increases Lung cancer risk

Douglas Schmidt

November 26, 2019

Workers' Compensation

Medical studies show that welding, whether on a regular basis or temporary in nature, increases the risks of cancer. Specifically, Lung Cancer. One study from the American Journal of Epidemiolgy, (Am J Epidemiol. 2013 Nov 15; 178(10): 1513–1525., Published online 2013 Sep 19. doi: 10.1093/aje/kwt201) states as follows.

Several epidemiologic studies have indicated an increased risk of lung cancer among welders. We used the SYNERGY project database to assess welding as a risk factor for developing lung cancer. The database includes data on 15,483 male lung cancer cases and 18,388 male controls from 16 studies in Europe, Canada, China, and New Zealand conducted between 1985 and 2010. Odds ratios and 95% confidence intervals between regular or occasional welding and lung cancer were estimated, with adjustment for smoking, age, study center, and employment in other occupations associated with lung cancer risk. Overall, 568 cases and 427 controls had ever worked as welders and had an odds ratio of developing lung cancer of 1.44 (95% confidence interval: 1.25, 1.67) with the odds ratio increasing for longer duration of welding. In never and light smokers, the odds ratio was 1.96 (95% confidence interval: 1.37, 2.79). The odds ratios were somewhat higher for squamous and small cell lung cancers than for adenocarcinoma. Another 1,994 cases and 1,930 controls had ever worked in occupations with occasional welding. Work in any of these occupations was associated with some elevation of risk, though not as much as observed in regular welders. Our findings lend further support to the hypothesis that welding is associated with an increased risk of lung cancer.

The following industries and jobs are high risk welding:

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries.

If you weld and have been diagnosed with cancer, you may have a claim.At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

November 28, 2018

Workplace Exposure

Douglas Schmidt

November 28, 2018

Exposure to harmful substances in the workplace can be very different from exposure in other settings. This is because of the amount of exposure and longevity of exposure.

Douglas Schmidt

October 10, 2018

Minneapolis Cancer Attorney- Nurses and chemical exposures

Douglas Schmidt

October 10, 2018

Minneapolis Cancer Attorney- Nurses and chemical exposures

A first ever national survey of nurses’ exposures to chemicals, pharmaceuticals and radiation on the job suggests there are links between serious health problems such as cancer, asthma, miscarriages and children's birth defects and the duration and intensity of these exposures was completed in 2007 . The survey included 1,500 nurses from all 50 states.

Douglas Schmidt

September 7, 2018

Workers' Compensation Lawyers- Cancer from workplace exposure

Douglas Schmidt

September 7, 2018

Workers' Compensation Lawyers- Cancer from workplace exposure

Minnesota workers are exposed to many chemicals that are carcinogenic, meaning that these chemicals can cause cancer with repeated exposure in the work place.