NATURAL DISASTERS AND WORK INJURIES

By Kathleen Roberts

“Neither snow, nor rain, nor heat, nor gloom of night, stays these couriers from the swift completion of their appointed rounds.” - Herodotus, 503 B.C.; used as a motto by the U.S. Postal Services

We do need some workers to perform their duties regardless of storms or other natural disasters. We, particularly, need first responders to help us in such conditions. Further, some workers can just be in the wrong place at the wrong time, either in their workplaces or out on the road. All of this can lead to work injuries.

Recent hurricanes affecting the south and east coasts are examples of the kind of natural disasters that can disrupt a widespread area. Here in California, we don’t have that problem. But as the storms of last winter showed us, we certainly can experience a lot of rainfall, flooding and mud slides. Further, we still cannot accurately anticipate an earthquake, another potential for us. Such natural disasters can be extremely dangerous and create very unsafe working conditions for the professional disaster worker and the innocent bystander alike.

If an injury arises out of and occurs in the course of employment, it is compensable. Natural disasters create dangerous conditions and these include dangerous working conditions. AOE/COE has been extensively defined in case law. Basically, this requires a determination that the worker was doing a service for the employer and was “at work” at the time. This, of course, can mean many things especially in a fluid, emergency situation.

One published statistic says that there were 307 fatal work injuries caused by natural disasters in the period 1992 to 2006. These were mostly caused by wildfires, hurricanes and floods which caused about 50% of those deaths. (PubMed.gov; Dec 3, 2009). The fatalities mostly included firefighters and workers engaged in cleanup and reconstruction work. First responders, obviously, must go to the scenes of natural disasters as an integral part of carrying out their jobs. Thus, work injuries are more probable in this class of employee. One method of reducing injuries as much as possible is to train all such personnel, thoroughly, in safe disaster work procedures. Even in exigent circumstances, precautions to protect the worker are possible and necessary. We ask a lot of our first responders in asking them to perform their jobs while in harm’s way, and they should be as prepared as possible.

In pre-deployment training, the employer should train and screen emergency personnel. Training should include simulating large and small-scale events to help such workers fully understand the techniques, tactics and resources needed for each event and to provide them with reference points for situational awareness. These will include such scenarios as search and rescue, evacuations, welfare checks and overall public safety in an effected community.

Screening for first responders should include general health screening as responding to emergencies often requires extensive intervals of physical exertion. Immunizations are also a recommended preparation because of the potential for contamination of the work environment by chemicals and waste. Depending on the type of disaster, workers may be forced to work in unhealthy environments. Any protections that can be given in advance are helpful. FEMA and the Centers for Disease Control have protocols for training and screening first responders and other disaster workers.

With regard to the employee who may just be in the wrong place at the wrong time, each employer should have disaster preparations in place. The statistics on fatalities, mentioned earlier, also indicates that half of the flood deaths occurred to passengers in motor vehicles. Thus, even if the normal workplace is not in harm’s way, many businesses require employees to carry out job tasks away from a traditional office where they could get into such trouble. Also, in times of emergency, workers may have to undertake tasks that are not a part of their normal job duties. In such situations, employers must protect employees from anticipated hazards associated with handling emergencies and cleaning up afterward. OSHA has information available on how to prepare and train employees. Employers are required to provide a safe working environment for all workers and to protect them from unreasonable dangers including all natural phenomenon that may threaten employee health and safety. Untrained employees may face significant risks of injury and may fail to realize the potential dangers. 

When a work injury results from a natural disaster, it should be handled in the same way as any other compensable injury. The employee must be afforded emergency or other timely medical treatment, be provided a claim form and the claim should be promptly investigated. Report serious injuries to OSHA as required. 

We can never anticipate exactly when or where natural disasters may strike. As a result, workers may become injured in unusual or unexpected ways. The best practice is to be as prepared as possible to handle the particular challenges of handling such claims. 

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Kathleen Roberts received her Bachelor’s degree from San Jose State University and her Juris Doctor degree from Santa Clara University School of Law. Prior to joining Stander Reubens Thomas Kinsey over two decades ago, Ms. Roberts was associated with a successful northern California defense firm, specializing in workers’ compensation, subrogation and fraud. Ms. Roberts has been certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Workers’ Compensation law and is an aggressive litigant on behalf of employers, insurers and third party administrators, while balancing her experience in bringing about settlement as quickly as possible where warranted. Ms. Roberts has achieved many “take nothings” over her years in practice and is a shareholder and the manager of SRTK’s San Jose office.