Tag Archives: Injuries

by | February 4, 2012 · 6:49 am

Hospitality Industry Legal Risks: Appeals Court Allows "Facebook Photos" As Evidence In Denying Man's Claim For Additional Compensation In Workers' Compensation Claim

“…the appeals court agreed with previous rulings, which denied a request for additional treatment after diagnostic tests showed “no recurrent hernia and surgery to explore the scrotum” and saw no abuse by the courts in allowing the photos…In denying Clement’s request for additional compensation and treatment, the court ruled in favor of the use of Facebook photos as a evidence…”

An appeals court  has ruled that photos on Facebook and Myspace of a man “drinking and partying” can be used as evidence to deny him further workers compensation claims.

At the center of the suit is  Zackery Clement, who suffered a hernia  March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff,  Ark.  Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.

An administrative law judge and the Arkansas Compensation Commission denied Clement’s application for additional benefits, and Clement, 27, was hoping the Arkansas Court of Appeals would reverse the ruling. He argued that he needed further medical treatment and disability payments because of “excruciating pain.”

For more:  http://abcnews.go.com/blogs/business/2012/02/court-okays-facebook-party-photos-in-workers-comp-claim/

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by | February 2, 2012 · 6:46 am

Hospitality Industry Legal Risks: Texas Hotel Employee Files "Trip-And-Fall Lawsuit" For Negligence In "Failing To Secure Floor Covering During Construction"

 “…Gonzales was working at the Holiday Inn on Walden Road when she tripped over a loose floor covering placed in the area where ISC was contracted to perform repair work…Gonzales is suing for her past and future mental anguish, pain, medical expenses and lost wages, plus exemplary damages…”

A trip-and-fall lawsuit, which was slated to be tried in December, will now be tried in May. Holiday Inn employee Carol Gonzales filed suit against Insurance Services Construction on Oct. 20, 2010, in Jefferson County District Court, alleging the company negligently failed to securely fasten a floor covering while performing work at the hotel.

International Catastrophe Solutions was later added as a defendant, court papers say. On June 22 Gonzales filed a motion for continuance, asking that the case be continued “for a couple of months based on the fact that ICS has still not” officially answered the suit, the motion states.

A hearing on the matter was held Aug. 22. Judge Bob Wortham, 58th District Court, decided to take no action on the motion. However, on Nov. 16 an amended discovery control plan order was entered in the case, bumping the case from the court’s December docket to the May.

For more:  http://www.setexasrecord.com/news/241507-trip–fall-trial-bumped-to-may

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by | December 26, 2011 · 8:33 am

Hospitality Industry Employee Risks: "Introduction To California's Workers' Compensation System" (Video)

[youtube=http://www.youtube.com/watch?v=2udxkhH24Cc]

Learning the rights of an injured worker under California’s workers’ compensation system. This video follows several workers’ compensation case scenarios and provides basic information and resources for obtaining further assistance and/or information.

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by | December 5, 2011 · 7:00 am

Hospitality Industry Property Risks: Arizona Hotel's Elevator "Free-Falls" Several Floors Injuring Female Guest

“…Right after the second-floor button lit up, she heard a loud noise and the elevator went into a free-fall mode…The elevator hit the ground. The woman broke her right ankle, and possibly her left ankle, too…”  

A woman suffered broken bones after the elevator she was riding in fell several floors at a Phoenix hotel Saturday night, fire officials said. The woman, who was not identified, was riding up to the third floor at the Embassy Suites at I-17 and Greenway, according to Capt. Scott McDonald of the Phoenix Fire Department.

It was not immediately known what caused the elevator to fall.

For more:  http://www.kpho.com/story/16185739/woman-hurt-in-falling-elevator

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by | October 10, 2011 · 5:13 am

Hospitality Industry Health And Safety Risks: Utah Hotel Housekeeper Hospitalized After Cart Causes "Bear Spray" Can To Discharge; Hotel Guests Evacuated To Ventilate Building

“…The woman was unable to open her eyes after being exposed to the spray, so she was taken to a hospital, Baldwin said. All guests at the hotel were evacuated for about a half hour while crews ventilated the building…”

A housekeeper was hospitalized Sunday after a can of bear spray discharged in the Marriott Hotel in downtown Salt Lake City. The woman was pushing her housekeeping cart on the 6th floor of the hotel, near 100 South and West Temple, when the cart bumped a can of bear spray that had been left on the floor of the hall.

The can sprayed when it was struck, shooting out a substance that “is like pepper spray, only 10 times stronger,” said Salt Lake City battallion fire chief Clair Baldwin. Investigators were trying to determine why the can was left in the hallway.

For more:  http://www.sltrib.com/sltrib/news/52698974-78/spray-hotel-baldwin-bear.html.csp

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by | October 9, 2011 · 7:36 am

Hospitality Industry Pool Safety Risks: Nevada Hotel Guests Hospitalized After Suffering "Chlorine Burns" In Jacuzzi Spa Caused By Possible Malfunction Of Chlorine System

“…The Clark County Fire Department says two hotel guest at the Hooters Casino Hotel were taken to the hospital for second degree burns…it called the Southern Nevada Health District, which shut down the pool pending an investigation…”

When Knox called an ambulance, paramedics told him his son’s friend had second-degree burns on 91 percent of his body and he was almost going into shock…”

Andrew Miller has burns on his legs and feet. He is also friends with the two victims that were sent to the hospital. “It seemed like we were fine but as we started walking back up to the room we all started noticing we were kind of itchy,” Miller said. Miller and his friends called Kevin Knox, a father of one of the group who made the room reservations. Knox tells FOX5 when he arrived things were pretty bad.

“Went up to see him and he was in his bed and he was shaking he was so cold, and he just from his neck down to his feet he was completely red and on his back it was actually bubbling,” Knox said.

“That’s when they said we got to take him to the emergency and we’re taking her too because she couldn’t even walk; her legs were just red,” Knox said.

But Knox heard a rumor of what happened. “They do have a chlorine system that goes every 15 minutes or so that puts out a little bit of chlorine, but at six o’clock in the morning when these kids were in it, it dumped all of it,” Knox told FOX5.

Clark County Fire believes the burns were caused by chlorine exposure, but it is still trying to confirm if the accident was caused by a malfunction or human error. Knox believes his son’s friends weren’t the only victims.

“The security explained to the fire department that (they) had several complaints of people getting burned so it’s not just these two or these four,” said Knox.

For more:  http://www.fox5vegas.com/story/15650310/two-hooters-casino-guests-hospitalized-after-hot-tub-chlorine-burns

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by | August 18, 2011 · 5:35 am

Hospitality Industry Employee Risks: Hotel And Lodging Groups Remain Opposed To Pending California Legislation "Mandating The Use Of Fitted Sheets"

“.. Senate Bill 432.. would create “new occupational safety and health standards for all hotels, motels and other similar transient lodging establishments in California…”

“.. It would mandate the “use of fitted sheets … on the bottom sheet on all beds” at such lodging. And it would mandate the “use of long-handled tools,” such as mops, to reduce stooping “to clean bathroom floors, walls, tubs, toilets and other bathroom surfaces…”

 “A 2009 report in the American Journal of Industrial Medicine found that housekeepers have higher (7.87 per 100) injury rates than other hotel workers…”

The California Hotel & Lodging Association pointed out that the medical study didn’t even mention fitted sheets as culprit in the injuries. And it charged it would cost up to $50 million to replace the regular sheets with fitted sheets. Mr. Hayes said the high number is “a bunch of nonsense” and that Sen. De Leon and other legislators are working on the bill to “find a way to implement it without added costs,” within the hotels’ economic structure.

He said the major hotels are in favor of working for a compromise bill. But the association remains adamant against any bill. And he said that, as only about 10 percent of housekeepers are unionized, including the sheet rules in future contracts wouldn’t help much.

For more:  http://articles.ocregister.com/2011-08-16/news/29897915_1_sheets-housekeepers-hotel-workers

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by | August 2, 2011 · 6:38 am

Hospitality Industry Employee Injury Risks: California Legislation Requiring "Fitted Sheets" On Hotel Beds To Reduce Heavy-Lifting By Housekeepers Is Up For Vote This Month By State Assembly

“…(California) SB 432.. would require hotels to use fitted sheets instead of flat sheets to reduce the amount of mattress lifting housekeepers must do. The legislation also would require hotels to provide long-handled mops so housekeepers won’t have to clean bathrooms on their hands and knees as they do now…”

The state Senate has passed a bill proposed by Sen. Kevin de LeÏŒn (D-Los Angeles) that would help prevent or reduce housekeeper injuries. It comes up for a vote in the Assembly this month. But the bill is facing stiff opposition from the hotel and tourism industry, which says it will increase costs and stifle growth.

A representative of the hotel industry, led by the California Hotel and Lodging Assn., told a Senate Committee that if SB 432 passes, California hotels will have to spend an additional $15 million or more to buy fitted sheets to replace the sheets for 550,000 beds at $25 per sheet. But hotels generally replace their sheets annually..

For more:  http://www.latimes.com/news/opinion/commentary/la-oe-cohen-maids-20110802,0,7847167.story

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by | July 11, 2011 · 5:12 pm

Hotel Industry Employee Risks: The "National Institute for Occupational Safety and Health" (NIOSH) Releases Statistics And Goals For Reducing Injuries To Hotel Room Cleaners

Nearly 1.8 million people worked in the traveler/accommodations industry in 2008, including more than 400,000 hotel room cleaners.

Most cleaners are women, and many are immigrants and minorities who perform tasks including dusting, vacuuming, changing linens, making beds, scrubbing bathrooms, cleaning mirrors, and disposing of trash.

Hotel cleaners face hazards such as the following:

  • ergonomic hazards that include bending, pushing carts, and making beds;
  • trauma hazards that include slips, trips, and falls;
  • respiratory, dermal, and possibly carcinogenic hazards from chemicals in cleaning products;
  • mold and microbial contaminants;
  • infectious agents; and
  • occupational stress due to heavy workloads, lack of adequate supplies, job insecurity, low pay, and discrimination.

Organizations and individuals can help improve the safety and health of hotel cleaners in the United States:

  • Identify and evaluate hazards and adopt inter¬ventions to prevent work-related injuries and illnesses in the hotel environment.
  • Evaluate the quality and ensure maintenance of equipment used in hotel cleaning operations.
  • Encourage the use of ergonomic carts and vacuum cleaners, and long-handled tools like mops and scrub brushes; and inform suppliers about the best equipment for cleaners.
  • Conduct research on guest practices that would improve the work environment for room cleaners.
  • Partner with OSHA, NIOSH, labor, and oth¬ers to study why disparities exist in injury rates among room cleaners and what remedies are effective, and to quickly implement available remedies

For more:  http://ohsonline.com/articles/2011/07/08/niosh-fact-sheet-highlights-safety-health-concerns-among-hotel-cleaners.aspx?admgarea=news

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by | June 17, 2011 · 7:00 am

Hotel Industry Guest Safety: Texas Hotel Guests Injured When "Glass Panels" Fall From 24th Floor To Pool Deck Recalling Fatal "Window Accident" In Atlanta

“….two glass panels fell from balcony railings of two unoccupied condominium units on the 24th and 25th floors and landed in the pool area…”

The hotel’s general manager, Drew McQuade, told the newspaper that four people were treated for cuts and other injuries.

“It was not packed, but there were a fair amount of guests at the pool,” McQuade said. “We feel fortunate that there were not more people injured.”

The incident, which occurred June 10, recalls the May 28 tragedy at the W Hotel in Midtown in which two women fell through a glass window in their 10th floor hotel room. LaShawna Threatt, 30, was killed in that incident and Cierra Williams, 28, was critically injured. Witnesses said the two women were engaged in “horseplay” when they crashed through the window.

McQuade said engineering experts were investigating the incident.

For more:  http://www.ajc.com/news/glass-panels-fall-from-979520.html

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