Mesothelioma Patient Care

I was on my way back from a deposition yesterday in lower Manhattan when I was returning to my car which I had parked on the lower East Side. While heading into New York City yesterday morning, I heard on the radio about a fatal accident involving a dump truck that was coming off the Manhattan Bridge toward Canal Street and it somehow, at a high rate of speed, plowed right into a tour bus at the intersection of Canal Street and Bowery. A woman, while walking on the street, was crushed to death by falling debris from the accident. Four other people were injured.

As I approached the intersection of Canal and Bowery, I was shocked at how surreal the scene looked. It literally looked like a movie set that had been cordoned off by police. By the time I got there, the police were still conducting their investigation and taking photographs. Any time there is a traffic fatality, the New York City Police Department sends out specially trained investigators from the Accident Investigation Squad, to determine exactly how the accident happened, and determine the cause of death.

The dump truck that had plowed into the back of the tour bus was being extricated by a massive tow truck. The back of the tour bus was destroyed, and the front of the bus was literally inside the bank building on the corner of Canal and Bowery. Glass was all over the sidewalk. The bus looked like a skeleton with part of its’ skin missing. Highway patrol officers and police with lots of stripes on their arms and gold shields were walking the street talking to each other, making sure pedestrians and onlookers didn’t get in their way.

What about this woman who, while minding her own business one moment, was crushed to death the next? What will happen to her family and what if she has children? Who will look after them? How will they survive and what will they have to live on? Will they need to depend on the generosity of strangers?

Regardless of why the dump truck barreled down the street and into the bus, don’t you think this woman and her family deserve to be compensated for this horrific and tragic loss? She didn’t do anything to cause this terrible accident. The bus driver apparently was about to take on passengers and in all likelihood didn’t contribute to this accident. So, who should be held to account for the loss of life that happened in this accident? In all probability, the driver of the truck will be held accountable as well as the company he worked for. Who knows what excuse they’ll come up with to explain why this enormous truck didn’t stop.

In New York, when a wrongdoer causes injury and takes the life of another, he now owes a debt to that person and their family. The only system of compensation we have in New York is to repay that debt to victim’s family. That’s the only justice that can come of this terrible accident. We cannot bring back this woman to her family. If the wrongdoer is not required to compensate his victim or their family, then he walks away with having caused a terrible tragedy without having repaid his debt to the victim’s family. That wouldn’t be fair at all.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

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Surgery is a common type of treatment for any type of cancer. It involves the total or partial removal of the tumor and/or other infected tissues. In the case of mesothelioma cancer, not everyone can qualify to have surgery since this depends on the age of the individual, his general health, the spread of the mesothelioma and other factors. It is also important to be clearly aware of the options available for treatment since if the patient decides on surgery this may deter him or her from qualifying for other types of treatment. In the case of mesothelioma cancer, surgery can be used either to try to cure the disease or for palliative care.

In order to qualify for the type of curative surgery, it is important that the patient is in good health. The physician has to assess the benefits and costs of any surgery since surgery may be very stressing for the body of the individual. In some cases individuals have also lost their life during or some time after surgery. Further more it is also important that the cancer is in its initial stage so that the cancer can be completely removed. Unfortunately mesothelioma is usually diagnosed in later stages where the cancer has usually already spread. Further more mesothelioma has a long latency period and so many mesothelioma patients are quite advanced in their age and their health is often far from its best.

Surgery can also be used for palliative reasons. The aim of this type of surgery is not to try to cure the mesethelioma but to try as much as possible to relieve any discomfort for the patient. This type of surgery is usually offered to patients that are not in good health and where the cancer has spread beyond the mesothelium.

Thoracentesis can help the patient relieve some discomforts of mesothelioma. In the case of pleural mesothelioma it involves the removal of liquid from the chest of the patient by means of a needle. This procedure may help the patient breathe more easily. In the case of peritoneal mesothelioma and pericardial mesothelioma a needle may be inserted into the abdomen and into the pericardium respectively in order to drain the accumulated liquids in these areas.

Another palliative treatment for pleural mesothelioma is pleurectomy where it involves the removal of the pleura (the outside covering of the lung) in order to control the accumulated fluids. In the case of peritoneal mesothelioma and pericardial mesothelioma surgery can be performed in order to remove the affected mesothelium and the lining around the heart respectively.

Extrapleural pneumonectomy is a major operation that involves the removal of the lung, pleura, diaphragm and pericardium. All or a considerable part of the cancer may be removed by this operation. Extrapleural pneumonectomy together with chemotherapy and radiotherapy can increase the life of the patient. However not all mesothelioma patients qualify for this type of surgery. The patient must be in very good health and the mesothelioma should be localized and diagnosed early. This operation is performed in specialized medical centers with specialized surgeons. This is a very serious operation where in certain cases it can result in the death of the patient. Recovery time after the operation is also long.

For more info go to Mesothelioma Cancer

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A mesothelioma diagnosis is very difficult and it involves a series of tests to establish whether the illness is indeed mesothelioma. Even before you have gone to a health specialist, there are specific symptoms that you should look out for in order to have some idea of the disease you might be suffering from. The symptoms in the lungs include shortness of breath, pain in the chest, pain in the throat, lack of appetite, weight loss and the symptoms are many. Peritoneal mesothelioma which is the mesothelioma that affects the abdomen may present with swelling in the abdominal area, build up of fluid, nausea, weight loss, swelling of feet, bowel obstruction and the list goes on. Mesothelioma is a cancer that affects the lining of vital organs like heart lungs and abdomen called the mesothelium.

The known cause of the disease is asbestos which is a natural mineral used in various industries to produce various products. The people who find themselves suffering from the disease must have come into contact with the substance at their working stations. Therefore, when a mesothelioma diagnosis is being made, you must give your asbestos history and if you have ever worked on a shipyard, construction site, asbestos mines and other industries that might handled asbestos, you will have to state this clearly to the doctor. When you are exposed to asbestos, it does not matter the duration because the microscopic fibers are enough to cause the disease after its latency period.

Latency period is the time the asbestos takes to affect the cells so that they can become cancerous. It takes a very long time and it could be 30 to 50 years after your exposure. Usually, when you experience the symptoms, you will go for mesothelioma diagnosis which might be too late for your condition. It is advisable to seek medical opinion if you have ever suspected exposure to asbestos in your life. This will assist in making an early mesothelioma diagnosis. You need to empower yourself with necessary information so that you can be in a position to make wise decisions. Some of the steps that a doctor will take to make a mesothelioma diagnosis include the following.

The first thing will be giving your complete asbestos history. There will be x rays performed on your chest or abdomen. Other scans will be undertaken to find out conclusively whether you have the illness. An example of the scan that will be undertaken is computer tomography. Another scan that will be helpful is the magnetic resonance imaging. The scan will determine the extent of the tumor. A biopsy is very vital and it is performed by taking a sample of the tumor to determine whether the cells are cancerous or not. When you have a confirmation that you have the mesothelioma illness, you do not have to stop at that because your doctor will inform you that there are treatments which can make your life easier. Some of the treatment options include surgery, radiation and chemotherapy. You need to stay positive so that you can fight the disease.

Peter Gitundu Is A Web Administrator And Has Been Researching And Reporting On Mesothelioma For Years. You Can Post Your Views On Mesothelioma Diagnosis On My Blog Here - MESOTHELIOMA DIAGNOSIS

Feel Free To Read My Other Articles On Mesothelioma - MESOTHELIOMA DIAGNOSIS

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Pleural Mesothelioma is a deadly form of cancer that affects the delicate membrane lining in the thorax. Sometimes a few benign cases are also noticed. Three thousand new incidences of pleural mesothelioma are reported in the United States every year. Usually the patient dies within eighteen months from diagnosis.

Unprotected contact with asbestos is the only known cause of this disease. The general view seems to be that most of the cases could have been possibly prevented if the asbestos manufacturers who knew about the ill effects of the product had warned their workers and taken the required safeguards. Today the industry is strapped with lawsuits totaling billions of dollars over the issue and some of the companies have gone bankrupt.

Pleural Mesothelioma is normally detected in people of the 60-70 years age group. This is mainly because the killer takes two to four decades to develop and manifest. Not only those who have worked in asbestos factories or have otherwise come into regular contact with material (like loading and unloading workers) but their families as well run the risk of being struck by the disease because of the asbestos dust the workers carry home on their bodies and clothing. Sometimes the heating systems are padded with asbestos to increase the efficiency. Till a few years back some ships used to be insulated with this toxic material.

The mesothelioma pleural patient goes through four distinctive stages en route to the inevitable end. Diagnosis is difficult for two reasons. First is the time lag for the symptoms to appear. Secondly the symptoms like shortness of breath, difficulty in swallowing, and weight loss, are common to several other diseases.

Traditional treatment for pleural mesothelioma is not very effective. If the problem is detected during the initial stage, surgery could possibly control it. In certain cases Brachytherapy could be a substitute for surgery. Pain management could be helped to some extent by radiotherapy. Chemotherapy doesn’t seem to be effectual. A great deal of research is afoot to discover better management procedures for pleural mesothelioma. Some new methods of treatment are being tried out.

Pleural Mesothelioma provides detailed information on Malignant Diffuse Pleural Mesothelioma, Malignant Pleural Mesothelioma, Malignant Pleural Mesothelioma Survival Rate, Mesothelioma Pleural Brachytherapy and more. Pleural Mesothelioma is affiliated with Peritoneal Mesothelioma Lawyers.

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Mesothelioma is a rare yet very complicated form of a cancerous disease. It is contracted usually by persons working in asbestos mines and other asbestos-related industries, where the air is permeated with very minute asbestos dust particles that are inhaled during the breathing process. These particles are so minute that they can be viewed only under a microscope. These dust particles enter into the lungs, intestine, heart and other vital organs of the human body. The symptoms of the disease do not appear immediately; they have a very long incubation period. But once they appear, they become life threatening and result in a low survival rate.

The irony of the situation is that in most cases, the person is unable to interpret the symptoms when they arise. This is because symptoms, like cough, fever, shortness of breath, chest pains, etc., can be simply taken for common ailments. The incubation period of the symptoms is generally very long, sometimes lasting many years. This further compounds the problem, as both the patient and the doctor normally do not trace the origin of the problem to its actual cause, i.e. the breathing of asbestos dust.

It is when the normal treatment does no good to the patient that a need to prepare a history sheet of the patient’s past years of life and work is determined. The research starts with the family doctor referring the case to the mesothelioma specialists for their consultation and thorough examination.

Obviously the first step, like in every other medical problem, starts with preparing the work history of the patient and conducting diagnostic examination to confirm the suspicions aroused by it. The physical examination includes taking X-rays of heart, lungs and abdomen, MRIs, and CT scans, biopsies, etc., that may further corroborate or contradict the initial hypotheses. Once the diagnosis regarding the extent, the variety and the age of the malady is confirmed, a multispeciality board of doctors meets to plan the treatment. The treatment of mesothelioma is coordinated with the regularly occurring new clinical tests trials. Still, the general treatment of the disease involves surgery to remove the affected tissue or the organ. Besides this, radiation treatment and chemotherapy are also prescribed to kill the cancerous cells.

Mesothelioma Doctors provides detailed information about mesothelioma doctors, mesothelioma doctor research, mesothelioma diagnosis, mesothelioma symptoms and more. Mesothelioma Doctors is the sister site of Mesotherapy Before And After.

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There are various diseases associated with exposure to asbestos. However, you should know that the most common diseases associated with asbestos start in a person’s lungs. Because of this, there are certain asbestos symptoms you can look for in a person to see if he or she is suffering from an asbestos lung disease.

Shortness of breath - Are you frequently running out of breath? Can’t you even go up one flight of stairs without panting or wheezing? Shortness of breath is frequently a symptom of asbestos illnesses. This is because the asbestos fibers inside your body have irritated your lungs to a point that scar tissue has already formed around the air sacs of your lungs. This means that oxygen can’t travel from one air sac to another. This means that you are processing oxygen very inefficiently.

Because of this, you need to take breaths more frequently. A problem with this asbestos symptom lies in the fact that it increases over time. Let’s say that today you can’t manage to walk for 10 feet without getting shortness of breath. The next day, you won’t even be able to accomplish 5 without stopping. If you experience this asbestos symptom then maybe it’s time to go see a doctor for a thorough examination.

Coughing - Another common asbestos symptom would be coughing. This symptom is triggered by the fact that the small asbestos fibers which accumulate in your lungs do irritate the organ tissue. Because of this, you feel an irritation in every part of your respiratory system. You cough as a reflex action to try and clear your lungs of the asbestos fibers, but it is no use, and you just keep coughing and coughing without actually relieving the irritation. If you experience this, then you might want to get an x-ray to see if there are any asbestos fibers in your lungs. Although a lot of diseases include coughing in their list of common symptoms, exposure to asbestos and a cough should definitely be investigated thoroughly.

An asbestos symptom that could come with coughing would be coughing up blood. Bloody sputum would actually indicate that the irritation of your lungs has gotten to a point that the lungs are actually wounded. This actually happens when the asbestos fibers themselves get moved around and cut into the lungs. When you cough up blood, things are very serious and it is important to find a doctor immediately.

Chest pains - This asbestos symptom is also caused by severe irritation and wounding of the lungs. Although asbestos fibers do cause a lot of damage to the lungs, sometimes, the lungs cause the damage to themselves. This is because the lungs often try to alleviate the irritation automatically using the body’s defense mechanism. However, with asbestos fivers, this has a different effect altogether. With asbestos fibers, the involuntary action of the lungs just causes the tissue to become even more irritated and could sometimes lead to wounding. Since the lungs become even more irritated, this triggers another round of reflexive actions and the cycle goes on and on. This type of asbestos symptom can be the most difficult to deal with as internal pain can be very unbearable.

Increased sputum - If you are experiencing an increase in the amount of your sputum, then you have to realize that this asbestos symptom too is caused by your body’s efforts to alleviate its discomfort. By increasing the production of sputum, your lungs hope to wash away whatever the irritant is. Unfortunately, however, asbestos fibers tend to cling much tighter than that. Because of this, all that results is you having to spit a lot more often.

Weight loss - A sudden drop in weight could be very bad indeed if it is a symptom of asbestos illnesses. This is because sudden weight loss often indicates that the disease may have already spread out to other parts of the body. If a person who has been exposed to asbestos suddenly loses a lot of weight, then you really ought to get him or her to the hospital.

These are just some of the symptoms you should keep an eye out for if ever you have been exposed to asbestos in the past. Remember, however, that some asbestos symptoms only appear when the disease is in its advanced stages so just to be sure, try to get a regular check up.

For more information on mesothelioma and lung cancer, please go to:
http://mymesotheliomacancer.com/?page_id=630
http://mymesotheliomacancer.com
http://www.drnathaliefiset.com

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Mesothelioma is a rare but highly aggressive form of cancer and each year, there are between two and three thousand people diagnosed. The number of new cases is expected to increase over the next ten years. There is only one known cause of the cancer, and that is exposure to asbestos.

Asbestos is a naturally occurring fibrous mineral, which was valued for its durability, fire resistance and insulating properties. It was widely used during the first three quarters of the twentieth century. There were many kinds of products manufactured during this time using asbestos fibers, including concrete, textiles and insulation.

Mesothelioma attacks the membranes that cover the lungs, abdominal cavity and internal organs of the body. There are three main types. The most common type is pleural mesothelioma. This type occurs when asbestos fibers invade the cells of the membrane covering the lungs, known as the pleura.

The second most common type of this cancer is peritoneal mesothelioma, which attacks the peritoneum, or membrane covering the abdominal organs. The rarest type of the asbestos cancer is pericardial mesothelioma, which attacks the membrane covering the heart, or the pericardium.

Treatment for this type of cancer has had little success. Because the asbestos cancer is so fast growing, it is often not diagnosed until the later stages of the disease, when the chance of patient survival is poor. Treatments include surgery, chemotherapy and radiation therapy.

Chemotherapy and radiation therapy are often given in conjunction with surgery. The chance of being cured with these treatments is slight, and surgery and radiation are often used to simply provide relief from pain and other symptoms. A fairly new type of chemotherapy, called heated chemotherapy, does show some promise for peritoneal mesothelioma.

The chemotherapy drugs are heated and infused into the peritoneum, making it easier for the cancer cells to absorb the chemicals and be killed by them. But sadly, for most people suffering from asbestos cancer, the prognosis remains poor.

Asbestos products were widely manufactured and used for the first three quarters of the twentieth century, in spite of the fact that the manufacturers knew the health risks. Mesothelioma is often not discovered for years or even decades after exposure to asbestos fibers.

Asbestos is still found in many older buildings, continuing to put many at risk for exposure. Unfortunately, cancer from asbestos will continue to be a health threat for many years into the future, but with stricter regulations, not as much as it has been in the past.

Educate yourself further about mesothelioma from Mike Selvon articles portal. Your feedback is valued and appreciated at our asbestos removal blog where a free audio gift awaits you.

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Prolonged exposure to airborne asbestos fibers increases the risk of several diseases such as mesothelioma cancer, asbestosis, pleural disease, lung cancer and other cancers and tumors.

Mesothelioma is a rare but severe form of cancer that is found in the pleura, the peritoneum or the pericardium. The pleura is the lining of the chest and lungs, the peritoneum is the lining of the abdomen and the pericardium is the space around the heart. There are three types of mesothelioma that are pleural mesothelioma (mesothelioma cancer of the pleura), peritoneal mesothelioma (mesothelioma cancer of the peritoneum) and pericardial mesothelioma (mesothelioma cancer of the pericardium).

Mesothelioma takes a long time to develop after the individual is exposed to airborne asbestos fibers. Because of this people that suffer from mesothelioma are usually over 55 years of age. Unfortunately current treatments are not so effective in curing the disease and the average survival rate is quite low. Further more mesothelioma is usually detected when it has already well advanced.

Asbestosis develops after long-term heavy exposure to airborne asbestos fibers. This is a different situation from mesothelioma where a few months or even weeks may be enough to develop mesothelioma. Also, while mesothelioma takes 20 to 50 years to develop, asbestosis usually develops after 5 to 10 years to exposure to asbestos fibers. Unlike mesothelioma this disease is however non-cancerous. Asbestosis is the scarring of the parenchymal tissue of the lungs. Such scarring can occur when asbestos fibers reach the alveoli (clusters of honeycombed air sacs in the lungs). The severity of scarring depends on the degree of exposure to asbestos fibers.

Individuals that suffer from asbestosis can develop such conditions as impaired breathing, which in rare circumstances may result even in respiratory failure. They have also a higher risk of developing mesothelioma and lung cancer. Asbestosis is a chronic medical condition and so there is not a definitive treatment for this condition. Shortness of breath can however be relieved by oxygen therapy. Other supportive treatments may include physiotherapy and the prescription of medications.

Pleural disease may be an early sign for the development of other asbestos-related diseases. As in other asbestos related diseases, it develops because of heavy and prolonged exposure to asbestos fibers. Pleural disease is any scarring of the pleura (lining of the lungs). As the walls of the lungs become thickened, the body tries to remove the asbestos fibers. It often results in breathing difficulties.

Lung cancer has a latency period (i.e. it develops) after twenty years or more after the exposure to airborne asbestos fibers. The risk of lung cancer increases greatly if the individual is also a smoker. The risk further increases if the individual is exposed to asbestos fibers and to cigarette smoking at the same time.

Other cancers that may develop by exposure to asbestos include cancers of the kidney, gastrointestinal tract, larynx and oropharynx. Exposure may also result in the development of benign tumors. These types of tumors do not spread to other parts of the body. Usually they pose little or no risk to the health of the individual.

For more info go to Mesothelioma Cancer

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Mesothelioma is one of the few cancers that don’t exhibit symptoms until the cancer reaches the late stage of development and it is at this point that many cases become incurable. It also has non-specific symptoms and thousands of cases each year are misdiagnosed as other, less severe respiratory conditions. Simply put, mesothelioma is a rare form of cancer that affects the thin layer of protective tissue around the major organs, most noticeably the lungs, heart and stomach and recently it has been positively linked to the mineral asbestos. This thin layer of tissue, the mesothelium, allows inhaled asbestos fibres to embed themselves, and it is here that they can lay dormant for up to 50 years before becoming cancerous.

The symptoms that are associated with mesothelioma depend on which of the body’s organs are affected.

Pleural mesothelioma. This type of cancer affects the lungs and causes a number of symptoms including:

· Persistent cough that doesn’t improve with medication

· Breathing difficulties

· Shortness of breath

· Fever

· Difficulty swallowing

· Chest pain

· Weight loss

Pericardial mesothelioma. This second type of mesothelioma affects the heart tissue and includes the following symptoms:

· Breathing difficulties

· Chesty cough

· Palpitations

Peritoneal mesothelioma. The third type of mesothelioma affects the stomach and causes the following symptoms:

· Nausea and vomiting

· Abdominal pain

· Weight loss

· Bloating of the stomach

· Bowel obstruction

· Fever

Obviously all of these symptoms can also be due to a number of other conditions however anyone who experiences them should consult a doctor, especially those who have been exposed to asbestos in the past.

Unfortunately for mesothelioma victims, the symptoms only present themselves late in the cancer’s development and so in many cases treatment is palliative rather than curative. There are a number of possible types of treatment that can be used against mesothelioma and the course of treatment that is prescribed will depend to a large extent on how developed the cancer is and how far it has spread around the body. This information can be determined using x-rays, CT scans and MRI scans because these imaging techniques can provide a detailed view of the cancer’s progression and how many areas of the body are affected. The possible forms of treatment include surgery, chemotherapy, radiotherapy and palliative care and either a single form or a combination will be used.

Surgery. Surgery can be used in cases where there is an obvious large tumour however it will only become an option if the tumour is causing chronic pain or if it is causing an obstruction e.g. in one or both of the lungs. Because mesothelioma can take between 30 and 50 years to develop many sufferers are elderly when they are diagnosed and so the option of surgery will also depend on age and general state of health. Occasionally it is considered safer to live with the tumour than to risk the rigors of surgery.

Radiotherapy. Radiotherapy is most effective when the mesothelioma is confined to a single site, such as the lungs. It can and often is used in conjunction with chemotherapy as an extra defence against any small pockets of cancerous cells that might survive drug therapy. Radiotherapy can produce some side effects however they are easily treated and rarely cause problems.

Chemotherapy. Chemotherapy for mesothelioma will more often than not involve a stay in hospital while a specific drug concoction is introduced to the body intravenously. Chemotherapy is used when the cancer has spread to other areas and so the treatment needs to attack multiple sites.

Palliative care. Palliative care can include any of the above treatments however they will be aimed at improving and extending the quality of life rather than providing a cure. Palliative care will also include pain relief as in many cases the mesothelioma is well advanced and causing chronic chest and abdominal discomfort.

Mesothelioma is considered a rare form of cancer however in the last decade the number of cases diagnosed each year has steadily risen. Since becoming associated with asbestos many victims have successfully sued their former employers and many more are starting proceedings each and every year. Today workers have to wear protective clothing and breathing apparatus while working with asbestos and so it may be that the presence of mesothelioma dies along with the current generation.

Andrew Daigle is the owner, creator and author of many successful websites including CancerAbout, a Cancer Information Resource site and a Mesothelioma Lawyer Resource site.

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Think twice before routinely classifying that next worker as an independent contractor or employee, or be prepared to write the Internal Revenue Service a large check for unpaid taxes, penalties and fines, should the worker be found incorrectly classified during an audit. In addition, employers in violation of worker classification laws should also be ready to provide retroactive access to employee benefits programs for incorrectly classified workers. And, if during an audit, a privately held company has plans to go public, it could be faced with providing misclassified workers retroactive access to stock options as well.

When it comes to worker misclassification, many have heard of the landmark United States federal class action suit filed against Microsoft Corporation, Vizcaino v. Microsoft Corp., which helped clarify the law nationwide regarding temporary worker classification. After years in litigation, Microsoft agreed to settle for approximately $97 million to be allocated between the thousands of people who provided services to Microsoft between the years of 1986 and 2000 while classified as independent contractors or employees of third-party employment agencies. One can only imagine the amount of resources drained from Microsoft and costs incurred from the intense legal battle.

And Microsoft is not alone in the worker classification legal battle. Hewlett-Packard (Marks v. Hewlett Packard Company), Time Warner Inc. (Herman v. Time Warner Inc.), Allstate Insurance Company (Equal Opportunity Employment Commission v. Allstate Insurance Company/Romero v. Allstate Insurance Company), S.G. Borello & Sons, Inc. (S.G. Borello & Sons, Inc. v Department of Industrial Relations) and many more have suffered the consequences of worker misclassification.

Perhaps FedEx Corporation’s legal battle will become the newest landmark case, with approximately 30 state class action suits and an Employee Retirement Income Security Act (ERISA) class action filed against the company; settlements are estimated by some to be $1 billion. Already a California appeals court decision in August 2007 ruled in favor of the plaintiff and FedEx lost its appeal of a $5.3 million verdict. The verdict resulted from a class action that claimed FedEx treated its independent contractors as if they were employees but did not provide them with payment and benefits that full-time employees would receive. The ruling proved that the workers in question, delivery drivers for FedEx Ground, were in fact employees of FedEx and not independent contractors due to the level of control that the company exercised over them.

Growing concern about the topic of worker misclassification has prompted long-term research studies on the issue. A report by the Department of Economics at the University of Missouri-Kansas City in December 2006 estimated that approximately $125 million in income tax was lost annually in Illinois due to employee misclassification. The four-year study also showed the rate of worker misclassification by violating employers increased 21 percent from 2001 - 2005.

A 2007 report by the School of Industrial and Labor Relations at Cornell University concluded that the state of New York is owed approximately $176 million in unpaid unemployment insurance taxes due to employment misclassification for the years 2002 - 2005 in industries such as construction, finance, insurance, wholesale and retail trade, and professional and technical services. Of the workers studied, approximately 704,785 were misclassified by employers.

While to some, the issue of worker misclassification is relatively new, many feel it has taken far too long for government agencies to ensure that workers are classified correctly and that they receive appropriate protection under the law from discriminatory practices. This lack of worker protection along with the pursuance by state and federal agencies to retrieve billions of dollars in uncollected tax revenue has recently resulted in a significant amount of attention and legal action by decision-makers across the country. For example, proceedings from the 2006 Allied Academies International Conference in New Orleans reported that attendees of a recent White House Conference on Small Business rated independent contractor classification disputes as the most pressing small-business issue.

Likewise, Sens. Barack Obama (D-IL), Edward M. Kennedy (D-MA), Dick Durbin (D-IL) and Patty Murray (D-WA) have made fair and proper treatment of United States workers and employers a primary concern by introducing the Independent Contractor Proper Classification Act of 2007 last September. This act will close IRS safe harbor Section 530 of the Revenue Act of 1978, a perceived tax loophole that allows employers to classify workers as independent contractors rather than employees to avoid paying full taxes.

To further address what is being referred to as a growing national problem, some states have been proactive in enforcing worker rights. In February 2007, California Senator Alex Padilla introduced Senate Bill 622, meant to prohibit the willful misclassification of employees as independent contractors. The bill was ultimately vetoed in October 2007 by California’s governor, Arnold Schwarzenegger, but growing concern about worker classification in California will likely encourage a similar bill to be passed in the future.

New Jersey, Illinois, New York and Connecticut are among states that have passed legislation to ensure proper classification of workers. New Jersey’s Construction Industry Independent Contractor Act (CIICA), approved in July 2007, makes violators of the law subject to severe financial and criminal penalties that could lead to imprisonment for employers who knowingly misclassify workers. In August 2007, Illinois accepted House Bill 1795, the Employee Classification Act, which mandates proper classification of workers in the construction industry. Enforced by the Illinois Department of Labor, financial penalties are issued for each violation and the agency has authority to ban violating employers from receiving state contracts for four years.

New York Governor Eliot Spitzer issued an executive order in September 2007 to create the Joint Enforcement Task Force on Employee Misclassification. The task force is comprised of the Commissioner of Labor, the Attorney General, the Commissioner of Taxation and Finance, the Chair of the Workers’ Compensation Board, the Workers’ Compensation Fraud Inspector General and the New York City Comptroller, and shall coordinate the investigation and enforcement of all employee misclassification matters for the state of New York.

In effect as of October 2007, Connecticut’s Substitute Senate Bill No. 931 outlines penalties for intentionally concealing employment related to workers’ compensation premiums, including the issuance of a stop-work order requiring the cessation of all business operations of the violating employer.

And if all of the recent legislative action, lawsuits and case studies aren’t eye-opening enough, employers now have more to be concerned with, as current data analysis tools on the market, already in use by several State Unemployment Insurance agencies, allow users to easily analyze the IRS 1099 abstract file with technology that searches and identifies triggers for an audit.

With this technology, a user can establish criteria for queries and can target employers for an audit if, for example, a worker received only one IRS Form 1099 within one year but is paid what the agency views as high-level income. In this case, the agency might suspect that the employer was concealing full-time employment in order to avoid paying unemployment taxes. In the event that an independent contractor is reclassified to employee status during an audit, the employer is responsible for all back taxes, including employer and employee contributions and of course, applicable penalties and fines.

So when classifying that next worker, be sure to ask: Employee or independent contractor?

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