Frostbite

[Zigner]

Yes, I get what you're saying - but there's an awful lot of difference between causing a fork-lift accident due to lack of training, and ...well, standing outside and getting cold.

Yknow?

I know that, YOU know that...it's common sense, right?

But, we're talking about OSHA, WC, the courts and government in general. Have you ever used the phrase "common sense" when referring to any of those entities?

 

[Proserpina]

I know that, YOU know that...it's common sense, right?

But, we're talking about OSHA, WC, the courts and government in general. Have you ever used the phrase "common sense" when referring to any of those entities?

I bow to your wisdom, dear Sir!

(In my defense, I've been awake more or less 2 days straight and I have had no - as in NONE - caffeine )

This is completely irrelevant, but whenever I see "OSHA" I think "Orisha" which is nawt the same thing at all.

 

[commentator]

The OP did have a worker's comp claim. The employer was responsible for the medical bills incurred by the accident/injury. They just did not have to pay for the lost time he/she was off work because in MA, they do not pay for missed work in Worker's Comp until 5 or more scheduled days are missed. But it was a clear cut worker's comp injury and there should of course be no disciplinary action for the absence involved.

When it comes to OSHA and required equipment for safety reasons, they do tend to get involved with correct attire, in cases of steel toed shoes and helmets and headgear, protective gloves and the like. The employer could issue standard apparel for the job if they chose to, or not.

But when it comes to say, wearing proper outdoor attire for cold weather jobs, government regulators do not tend to see this as something the employer legitimately is liable for or something they need to get involved in. I'm really rather quite pro-OSHA, because I can vaguely recall people talking about doing dangerous work before OSHA, and the spectacular lack of concern on the part of employers before they were forced into compliance by the federal government.

They're probably not going to terminate this woman for having had the worker's comp claim due to frostbite. It wouldn't be smart for them to do that. However, they are probably not going to be in any way responsible for her future resistance to cold. If she has been fully released by her doctor, and then she has another frostbite, she'll be having a whole new worker's comp claim. Reasonably, she may need to be thinking about finding some other type of job that isn't being outdoors in all weathers.

 

[CJane]

While I would contact the boot mfr regarding the failure of their boots, I wouldn't expect anything from them other than perhaps a discount on future purchases of boots. I also agree with the advice to get your circulation checked. All my S-Kids have Bogs boots for winter, and none of them have suffered from so much as cold toes, even with out extra socks.

 

[NellieBly]

Yes, I get what you're saying - but there's an awful lot of difference between causing a fork-lift accident due to lack of training, and ...well, standing outside and getting cold.

Yknow?

Actually our newly formed union tried to get us a clothing allowance, but to no avail. Sanitation workers get insulated jackets and the like. I have worked long enough to have amassed a decent wardrobe, (warm winter clothes are cheap if you buy them on clearance in July) but my newer coworkers are out of luck.

 

[NellieBly]

The OP did have a worker's comp claim. The employer was responsible for the medical bills incurred by the accident/injury. They just did not have to pay for the lost time he/she was off work because in MA, they do not pay for missed work in Worker's Comp until 5 or more scheduled days are missed. But it was a clear cut worker's comp injury and there should of course be no disciplinary action for the absence involved.

When it comes to OSHA and required equipment for safety reasons, they do tend to get involved with correct attire, in cases of steel toed shoes and helmets and headgear, protective gloves and the like. The employer could issue standard apparel for the job if they chose to, or not.

But when it comes to say, wearing proper outdoor attire for cold weather jobs, government regulators do not tend to see this as something the employer legitimately is liable for or something they need to get involved in. I'm really rather quite pro-OSHA, because I can vaguely recall people talking about doing dangerous work before OSHA, and the spectacular lack of concern on the part of employers before they were forced into compliance by the federal government.

They're probably not going to terminate this woman for having had the worker's comp claim due to frostbite. It wouldn't be smart for them to do that. However, they are probably not going to be in any way responsible for her future resistance to cold. If she has been fully released by her doctor, and then she has another frostbite, she'll be having a whole new worker's comp claim. Reasonably, she may need to be thinking about finding some other type of job that isn't being outdoors in all weathers.

Apparently OSHA doesn't cover government workers in MA, according to my union rep.

 

[Natachatte]

BOGS & frostbite

Thanks for the interesting assumptions. I mentioned I was wearing heavy duty boots. The ones I was wearing are rated to -40 degrees (Bogs Boots winter boots, Google 'em) and I was standing on a rug. I also had on several pairs of socks. What more I could have done, I don't know.


Just wanted to know what my rights are.

My 9 year old daughter, whom loves the cold.. and never had a problem now has frostbite on her toes, after staying in and not going out long she still got worst. lost for explanation all I know is that this year she is wearing BOGS. after all the medical tests, its the only thing different from every other winter. she wanted BOGS so bad.. now out of answers i look it up and found this. Now my daughter has frostbite to most of her toes, and will have to deal with it for years. She has always been properly dressed. so many kids are wearing BOGS. this has to be shared with others.. I believe your legal fight should be with BOGS. I do also work outside at school and I also dress warm. I don't believe this is your fault.. BOGS should be investigated. I am not a happy mom at the moment. its sad that my daughter has to deal with this now. I registered just to be able to reply to this. I hope this helps someone not get frostbite. or atleast find the reason, BOGS