NY Youth Services Sees Increase in Workers' Comp Claims

Albany, NY (WorkersCompensation.com) – Recent coverage shows that a minimum of 194 days, on average, is the amount of time that a Youth Development Aid takes on workers’ compensation leave at New York’s Office of Children Family Services (OFCS), Albany New York News Channel 13 reports.

The Civil Service Employees Association (CSEA) union represents the Youth Development Aids, some of which have been seriously injured by juvenile clients in fits of rage. Back and arm injuries are common among the aids who intervene in violence among the adolescents at the centers, according to Ron Briggs, CSEA Capital Region President.

"If you want three individuals to do a restraint, and we're okay with that, then you have to provide the help so that we have these three individuals," he said in the news report. Presently 119 workers, agency-wide, in upstate New York, are out on workers’ compensation due to workplace injury.

“Each settlement is different, but the most someone can be paid on workers' comp is $864 a week,” reports News Channel 13. “That means the most the state could be paying is $102,000 a week, plus medical expenses. That's $5.3 million a year to workers, not working.”

CSEA Deputy Director of Communications Mathew L. Cantore told WorkersCompensation.com in an email that aside from the obvious physical pain and emotional strain, there are financial costs to the worker, who still has to provide for themselves and their loved ones while out of work, and likely with less money.

“CSEA’s primary goal in situations like this is to protect our members and prevent injuries in the first place, leading to safer workplaces with fewer workers out of work,” wrote Cantore. “One benefit of being in a union is the additional cooperation and oversight the union can provide in making sure protective measures are put in place to prevent injuries in the workplace.”

When News Channel 13 asked OCFS why 4 percent of the employee staff is out on workers’ compensation, the office responded. "The number of juvenile-facility employees on workers’ compensation, which has been declining over the years, continues to represent a small percentage of the dedicated OCFS workforce,” said the OCFS, adding, “Any injury to staff is one too many, and OCFS works diligently to not only investigate any incident, but also to conduct intensive and repeated trainings to keep our staff safe."

When WorkersCompensation.com inquired about reported understaffing at Family Services Brookwood Center, OCFS responded immediately in an email with similar wording.

“Brookwood Center is fully staffed and in fact, exceeds the national average staffing level for such facilities. It operates under the New York Model of Care — a nationally-recognized system of care focused on safety and treatment of youth sentenced to our facilities. The number of juvenile-facility employees on workers’ compensation, which has been declining over the years, continues to represent a small percentage of the dedicated OCFS workforce. Any injury to staff is one too many, and OCFS works diligently to not only investigate any incident, but also to conduct intensive and repeated trainings to keep our staff safe.”

The Workers’ Compensation Institute (WCI), addressed the concern last April in a report by Arthur Kane that detailed a 2014 incident of injured worker Gregory St. Martin at a Colorado youth center. “He knew the facility was understaffed. What he didn’t know was this fight would end his career. St. Martin grabbed an 18-year-old inmate to try to stop the fight, but fell back, herniating two discs in his back,” wrote Kane.

Esquire Jeffrey S. Glassman addressed the issue this April in the blog post, "Worker Injured by Inmates at Juvenile Detention Centers," reporting the obvious risk in the occupation. “For anyone working at a detention center or prison, the job can be very dangerous and can result in a serious or fatal workplace injury. Intentional acts of workplace violence that result in an employee getting injured will likely fall under the workers’ compensation system as well,” according to the post.

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