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After 15 years at
Quality Pork Processors, Susan Kruse, 37, was told by her physician
that she may never work again due to a neurological syndrome later
connected to her job.
She was one of five QPP employees initially diagnosed with chronic
inflammatory demyelinating polyneuropathy, or CIDP, an immune
disorder that attacks the nerves, resulting in numbness, tingling
and weakness in the arms and legs.
As many as 12 total,
all “head table” employees scraping pig skulls with knives and air
compressors, would complain of similar symptoms that, like Kruse’s,
could leave them permanently debilitated. Two Mayo neurologists
believe the illnesses resulted from brain tissue scattered by
compressed air, though questions still remain about what exact
illness they are afflicted by.
It’s an uncommon twist to a somewhat common story — a worker injured
indefinitely because of long-term exposure or an accident at work.
And whether it’s carpal tunnel syndrome, a lost limb or a crippling
disease, the recourse available to the employee is the same:
workers’ compensation.
“Workmen’s comp is the sole and exclusive remedy for employees
against their employer,” said Dean LeDoux of the Minneapolis-based
Gray Plant Mooty law firm, which represents business interests in
cases like these. “It’s guaranteed coverage, but they are limited to
that coverage.”
It trumps the lawsuit nearly every time. Workmen’s compensation pays
medical bills and replaces a portion of wages based on factors such
as salary, age and injury through formulas outlined in state law.
So in lieu of months or years in civil court with a potentially
lucrative pay-off that includes pain and suffering damages,
employees are immediately given standardized smaller sums if and
when their employer accepts their claim.
“It’s a no-fault system,” Donaldson Lawhead of Lawhead Offices in
Austin said. “The employee only has to prove that the matter arose
out of his employment.”
It’s a system seemingly designed for a middle ground: Protecting
both the employer and the employee from utter financial ruin. States
entered the issue in the early 20th century, when employees were
traditionally denied benefits despite work-related injury.
“The employer’s defense was that you assume the risk, and you
wouldn’t get anything,” Lawhead said. “The theory that they tried to
resolve was the assumption of risk.”
Today each state has its own legislative rule book for worker
coverage. Employees in Minnesota have several options based on their
injury, how long they’re affected and lost earning potential: total
temporary, partial temporary and permanent total disability.
“There’s a legislative roadmap that you have to follow,” Lawhead
said.
Only two factors may make a lawsuit legitimate, according to Lawhead
and LeDoux.
The first: if the employer received notice of dangers and ignored
them, thereby causing the injury.
“Extraordinary negligence, to the degree to where there’s willful
indifference,” LeDoux explained. “It’s very difficult to satisfy
that.”
The second: a culpable third party. A lawsuit may be successful, for
instance, if faulty machinery were at fault, and lawyers could prove
negligence on the manufacturer’s part.
“If it turns out that any party outside of the employer played a
significant part in the conditions that lead to the injury, then
they could be sued,” LeDoux said.
Lawhead, who’s represented employees in workmen’s coverage issues,
said despite the clear-cut statute, employees can benefit from
private counsel when applying for workmen’s compensation.
“Whenever we do a workmen’s comp, there’s usually 10 to 15 issues
where we think the employee should be paid higher,” Lawhead said.
How the employer computes lost wages, whether the person has a
second job, early termination of benefits are a few, he said, adding
that illegal immigrants cannot be denied workmen’s compensation.
Kruse said Wednesday that QPP hasn’t contacted her since the
announcement from the Minnesota Department of Health about the
outbreak earlier this month. She left her position last February,
and now makes regular trips to the Mayo Clinic for treatment.
She said she has not received any workmen’s compensation benefits.
Her medical bills are covered by a state health program.
“I don’t receive nothing from the plant,” she said. |