The News You Need for June 11
What has to change for workers' compensation to change? How did a court handle a Connecticut worker's FMLA charges? And what happened recently on a Brooklyn train?
Breaking Free from Conditioning: A Workers’ Compensation Perspective Shift?
Sarasota, FL (WorkersCompensation.com) -- Conditioning has a significant impact on shaping our perceptions, beliefs, and behaviors. From an early age, societal norms, cultural expectations, and external validations influence our thinking and actions. While this conditioning can help us adapt to our environment and acquire necessary skills, it can also limit our beliefs and create patterns of thinking and behavior that may not serve us well. In the context of workers' compensation, our conditioning often leads to distrust and stigma. Understanding and challenging this conditioning is crucial to creating a more positive and supportive environment for all stakeholders involved in workers' compensation.?
The Roots of Conditioning?
Since our early days, we have been praised for making the team, getting the boy or girl, and getting into the right college. We are celebrated for the size of our paycheck, the prestige of our office, the letters after our name, and the car we drive. Our brains have become wired to equate accomplishments with self-worth. When we fail to achieve these external markers of success, we feel like failures. This deep-seated conditioning affects how we view ourselves and others, including those who seek workers' compensation. These conditioned beliefs can create a hostile environment where injured workers are viewed with suspicion and distrust, leading to further stigmatization.?
Examining Patterns and Programming?
Studying the patterns and programming in our lives is crucial for personal growth and understanding. When we take the time to comprehend these patterns, we can discover the underlying causes of our actions and reactions and start making deliberate choices that align with our values and desires. This process is fundamental in workers' compensation, where deeply ingrained beliefs can have significant consequences. By examining our conditioned responses, we can recognize how they might restrict our perspectives and behaviors. This awareness marks the initial step toward bringing about positive change and nurturing a more supportive environment.?
Breaking Free from Unconscious Responses?
When we recognize the patterns that impact our lives, we can confront and adjust them if they are no longer beneficial. This awareness allows us to take charge of our lives and make deliberate choices. For example, employers can change their mindset from distrust to encouragement, understanding that most employees seeking workers' compensation genuinely require help. This change requires conscious effort and a readiness to look beyond existing beliefs. Employers can cultivate a more trusting and supportive work environment by doing this.?
Gaining Self-Awareness?
Studying our conditioning allows us to gain a deeper understanding of ourselves. We can uncover hidden motivations, fears, and desires by exploring the reasons behind our thoughts, emotions, and behaviors. This self-awareness enables us to make more informed choices and respond to situations in a way that aligns with our authentic selves. For employees, this might mean understanding that seeking workers' compensation is a right, not a sign of weakness. Increased self-awareness can help employees communicate their needs more effectively and advocate for their rights without fear or shame.?
Improving Relationships and Interactions?
Recognizing the influence of our behavior patterns on our relationships and interactions with others is essential. Employers and employees can strive to cultivate healthier and more rewarding relationships in the realm of workers' compensation. This relational focus can be achieved by identifying and resolving recurring issues of distrust and misunderstanding, leading to a more supportive and cooperative work environment. This process requires open communication and a dedication to understanding each other's perspectives. Strengthened relationships can foster a more unified workplace where everyone feels appreciated and backed.?
The Impact of Conditioning on Workers' Compensation?
The stigma surrounding workers' compensation is a clear example of how our perceptions and actions can be negatively influenced. Many employees feel ashamed or hesitant to file for workers' compensation because they fear being labeled as complainers or frauds. This fear is often reinforced by workplace cultures that prioritize productivity over employee well-being. On the other hand, employers may view workers' compensation claims with skepticism, influenced by stories of fraudulent claims and financial burdens. This conditioning creates an adversarial relationship between employers and employees, undermining trust and cooperation.?
Challenging the Stigma?
Promoting awareness and education is crucial for breaking free from the stigma surrounding workers' compensation. Employers and employees need to recognize workers' compensation as essential for workplace safety and employee well-being. Changing this perspective requires a concerted effort to challenge existing beliefs and promote new ones. Encouraging open dialogue and transparency can help dispel myths and build trust. By fostering a culture of support and understanding, we can reduce the stigma associated with workers' compensation and create a more positive environment.?
Encouraging Open Dialogue?
Creating an environment encouraging open dialogue about workers' compensation can help dispel myths and misconceptions. Employers can hold workshops and training sessions to educate their workforce about the importance of workers' compensation and the rights and responsibilities of both parties. This education should include real-life examples and testimonials to illustrate the positive impact of workers' compensation. Open dialogue also provides a platform for employees to express their concerns and ask questions without fear of judgment. Employers can build a more informed and supportive workplace culture by fostering open communication.?
Promoting Empathy and Understanding?
Empathy plays a crucial role in challenging conditioning. Employers should strive to understand injured employees' physical, emotional, and financial challenges. Employers can help reduce the stigma associated with workers' compensation by promoting a culture of empathy and support. This culture shift can be achieved through training programs focusing on emotional intelligence and compassionate leadership. Empathy helps to build trust and creates an environment where employees feel valued and supported during difficult times.?
Implementing Fair Policies?
Transparent and fair workers' compensation policies can help build trust between employers and employees. Employers should ensure their policies are clear, accessible, and consistently applied. This transparency can alleviate fears and encourage employees to seek assistance without fear of retribution. Fair policies should also include provisions for regular review and updates based on feedback from employees and industry best practices. By implementing fair and transparent policies, employers can demonstrate their commitment to employee well-being and foster a more positive workplace culture.?
Unconditioning Ourselves?
Unconditioning ourselves requires introspection and a willingness to challenge long-held beliefs. We have been programmed to view workers' compensation with distrust. However, we can reprogram our minds to see it as a valuable resource for employee support and well-being. This process starts with questioning our assumptions and being open to new perspectives. It involves a commitment to personal growth and a willingness to embrace change. By unconditioning ourselves, we can create a more supportive and empowering environment for everyone involved in workers' compensation.?
Looking Inward?
To uncondition ourselves, we must begin by examining our internal beliefs and questioning our assumptions. We can pinpoint areas where our conditioning may hold us back by analyzing our thoughts and behaviors. This self-reflection enables us to make deliberate decisions that align with our values. It necessitates honesty, introspection, and a readiness to confront uncomfortable truths. By turning our gaze inward, we can break free from constraining patterns and develop new, empowering ways of thinking and living.?
Embracing Change?
Change is a natural part of growth. Embracing change means being open to new perspectives and letting go of old patterns that no longer serve us. In the context of workers' compensation, this might mean shifting from a mindset of suspicion to one of trust and support. It involves a commitment to continuous learning and improvement. By embracing change, we can create a more positive and supportive environment for everyone involved in workers' compensation.?
Creating New Patterns?
We can develop new, empowering thought and behavior patterns by challenging our conditioning. These new patterns can help us create a more positive and supportive environment for everyone involved in workers' compensation. This process requires deliberate effort and a willingness to experiment with new ways of thinking and behaving. It also consists of seeking feedback and being open to adjusting our approach based on what we learn. By creating new patterns, we can cultivate a culture of growth and support that benefits everyone in the workplace.?
Becoming Aware?
Conditioning significantly impacts how we perceive and act in the world. By recognizing our conditioning, we can question and modify the beliefs and behaviors that no longer reflect who we aspire to be. In workers' compensation, this process is essential for overcoming stigma and establishing a more supportive and empathetic environment. Through self-reflection, education, and empathy, we can change our perspective on workers' compensation and cultivate a culture prioritizing employee well-being and safety. By unlearning old ways of thinking and embracing new perspectives, we can bring about positive change and lead more satisfying lives.?
What Do You Think: Was Bank Manager Fired for Seeking Paternity Leave or for Forgery?
Chris Parker
New Canaan, CT (WorkersCompensation.com) – Whether an FMLA retaliation claim proceeds to trial can depend on a variety of factors. A case involving a store manager for T.D. Bank shows that one factor that can make a difference is how supervisors initially react to an employee’s leave request.
The store manager told his supervisor in September 2019 that his wife was pregnant and asked for paternity leave.??He said he planned to take the leave from Jan. 30, 2020, through Feb.14, 2020.
The supervisor said: "Ok, that's great."?But according to the store manager, his supervisor’s tone and demeanor changed "dramatically" after he informed him of his wife’s pregnancy. At the same time, no one at the company actually said anything negative to him about it. The supervisor granted the leave, as he had done with other male employees in the past.
About five months after the leave request, the store manager’s brother, who lived in Florida, noticed that someone had opened several accounts in his name without his permission. The brother was adamant when speaking with his Florida branch that the new accounts were fraudulent because he had been in Delaware, not Connecticut, when they were opened.
The Connecticut branch’s internal investigator concluded that the store manager fraudulently opened the accounts and forged his brother’s signature. The company fired him for that reason.
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The store manager claimed that T.D. Bank engaged in FMLA retaliation by firing him because he requested paternity leave. He argued in part that the company’s explanation for firing him was not genuine, given that it never interviewed his brother.
To establish FMLA retaliation, an employee must show that: 1) he exercised his FMLA rights; 2) he was qualified for his position; 3) he suffered an adverse employment action; and 4) the adverse action occurred under circumstances indicating retaliatory intent.?
If the employer then provides a legitimate, non-discriminatory reason for its action, the employee can proceed with the case only by showing that the employer's explanation is a pretext for FMLA discrimination. Essentially, the employee must show that his exercise of his FMLA rights was a motivating factor in the employer’s adverse employment action.
Could the manager proceed to a jury with his FMLA retaliation case??
A.?Yes. It was suspicious that the company investigated him after he requested leave and didn’t bother to interview his brother.
B. No.?The fact that no one said anything negative to him and that the same supervisor granted leave to other male employees undermined the manager’s claim, especially in light of the forgery investigation.
If you selected B, you agreed with the court in Carter v. T.D. Bank, No. 23-950 (2d Cir. 06/04/24), which found insufficient evidence that the store manager’s request for paternity leave motivated the company to terminate him.?
The court pointed out that the investigation commenced five months after the manager told his supervisor his wife was pregnant. The amount of time that passed suggested the two events were unconnected.
The fact that the supervisor granted parental leave to other male employees in the past also supported the company’s position that it did not retaliate.?
Given that evidence, as well as the intervening investigation, no reasonable jury could find the termination was motivated, even in part, by a desire to retaliate, the court ruled.
MTA Worker Critically Injured after Being Struck by Brooklyn Train?
New York, NY (WorkersCompensation.com) – Officials said a Metropolitan Transit Authority worker in New York City was injured after he was struck by a train in downtown Brooklyn.??
According to the New York Police Department, the on-duty track worker was performing track work when he was hit by a northbound train around 12:30 in the morning on June 6. Officials said he was working as a flagger in a crew of four inspecting the rails just south of the Hoyt-Schermerhorn Streets station. Flaggers alert oncoming trains to crews working in the area, officials said.??
Police said after the accident, the train conductor immediately pulled the emergency brake and crews on the train killed the power. Police and EMS responded to treat the injured worker.??
The 64-year-old worker suffered life-threatening injuries to his face and head, officials said, and was rushed to NYC Health + Hospitals/Bellevue. He was in intensive care as of Thursday afternoon.??
"The employee is responsive. He opens his eyes, but that's probably the extent of his communication at this point," Demetrius Crichlow, senior vice president of New York City Transit Department of Subways, said in a statement.?
MTA said it was investigating the incident to see what went wrong.??
The incident comes just months after another MTA employee, Hilarion Joseph, was killed while he was working as a flagger and was hit by a train in Manhattan.??
Officials said in that November 2023 incident the track worker was working as part of a cleaning crew just south of the 34 Street-Herald Square station after midnight when he was hit and dragged by a slow-moving northbound D train. Officials said the train was going about 10 miles per hour when it hit Joseph and was in the midst of scheduled maintenance.??
Joseph was also taken to Bellevue Hospital, where he was pronounced dead.??
At the time, MTA said they were investigating the incident.??
"Whether there was not enough clearance, whether he stumbled, we don't know, but obviously, a flagger should under any circumstance, shouldn't be coming into contact with the train," NYC Transit President Rich Davey said.?
While there are cameras at the station, Davey said, there would not necessarily be cameras in the tunnel to provide any relevant footage about what happened.??
Officials said they were taking Joseph’s death as a time to educate workers.?
"We are taking the opportunity to refresh and retrain our employees on protocols when it comes to track safety, it’s been mentioned by a few folks that these are dangerous jobs that we ask are people to do day in and day out, that includes folks working on the tracks," Davey said.?
Prior to that an MTA worker died on the job in 2020 while evacuating a burning train after an arson fire. In 2018, a track worker was killed when he fell while cleaning and hit his head.??
"We have an inherent risk in the job because we are on the tracks doing work on the live train traffic, it doesn't get more dangerous than that," Transport Workers Union Safety Director John Chiarello.?
In February 2024, New York City transit workers caused a slowdown, bringing the morning commute to a virtual halt, in response to concerns over safety issues. Those actions came on the heels of an MTA worker being slashed by a subway rider.??
The work slowdown took place on February 29, hours after the slashing took place. Workers filled out safety forms, called the Safety Dispute Resolution Form, through their union representatives, Richard Davis, the president of Local 100 of the TWU, which caused delays as workers waited for the forms to be cleared by managers.??
The forms assure workers that the tracks are safe to operate. The complaints, some workers said, were part of a long history of complaints that the MTA, the state agency that runs the subway and bus system in the city, was not doing enough to guarantee worker safety.??
Transit workers have complained for months that the system is unsafe, especially in light of attacks on workers while on the job. Union leaders have asked for more transit officers be added to the stations. In March, Gov. Kathy Hochul increased the police presence in the subway.??
In a February news release, Davis said transit employees were concerned for their own safety.??
“We need better protection now, before we lose one of our own,” he said at the time.??