North Carolina Workers' Compensation Lawyers Blog

Some try to cure it with a jolt of java or a burst of caffeine from a saccharine energy drink.

Others simply suffer through it, watching through heavy eyelids as the hours tick by.
Sleepiness at work is something we've all no doubt experienced at some point in our lives.

Research shows, though, that just as drowsy driving puts you at higher risk for a crash (more than 100,000 accidents annually are attributed to driver fatigue), working while tired makes you - and those around you - more prone to workplace injuries and even fatalities.

Our Asheville workers compensation attorneys know that according to the Centers for Disease Control and Prevention, some employees are more likely to suffer sleep deprivation. Those include night shift workers, on-call workers and those who are required to work long or overtime hours to get the job done.

Add family responsibilities to that mix, and daily exhaustion becomes a reality.

Productivity suffers, with the CDC reporting workers who take on a 60-hour work are 20 percent less effective than those who work the standard, 40-hour week.

But such long hours can also have calamitous results for people in a wide range of industries - everyone from doctors to truck drivers.

Unfortunately, it's not uncommon.

In a struggling economy, overtime is not only increasing, it's becoming less optional.

The Bureau of Labor Statistics reported that nearly 15 million Americans work full time on evening shift, night shift, rotating shift or some other irregular schedule.

Further, U.S. employees are some of the most over-worked in the world. A 2003 report from the International Labor Office shows that work hours in the U.S. far exceeded those in Japan (on average, 70 hours more a year) and western Europe.

Some industries, like transportation, do have limits on how many hours a person can safely work before an employer is required to give them time off to rest. In fact, the U.S. Department of Transportation recently revised its guidelines for the hours truckers can work, limiting them to 70-hour work weeks (down from 82 hours) and requiring a 30-minute break every eight hours.

A recent study of truck drivers found that the severity of accidents could be diminished by making changes to the daily and weekly work week and rest patterns. When drivers were given two consecutive nights of sleep, accidents dropped sharply by 23 percent, and the average cost of each accident fell by nearly 66 percent.

While it's not always possible to request regular work hours, the National Sleep Foundation offers a number of tips you can take to improve your sleep habits and reduce your risk of workplace accidents in Asheville and elsewhere.

These include:

-When possible, maintain a regular sleep and wake time schedule, even on the weekends.

-Get into a regular, relaxing bedtime routine, like taking a long soak in the tub or listening to relaxing music.

-Make sure that were you sleep is dark, comfortable and cool.

-Invest in a comfortable mattress and pillows.

-Finish eating at least 2 to 3 hours prior to your bedtime.

-Exercise regularly, and wrap up your workout at least a few hours prior to bedtime.

-Avoid caffeine or soft drinks right before bedtime, as that will likely keep you wired and awake.

-Try to avoid alcohol prior to bedtime, as it is likely to disrupt your sleep.

Continue reading "Lack of Sleep Results in Workplace Injuries in Asheville, Nation " »

Much lip service is given to dramatic, headline-grabbing cases of workers who were injured or killed on the job.

These include bizarre incidents, like the California man who was decapitated earlier this month in a wood chipper accident.

While these cases are tragic and certainly underscore the need for employers to maintain properly functioning equipment and adhere to proper safety guidelines, those incidents are more likely to happen in the manufacturing, agriculture or construction sectors.

OSHA reports more than 4,500 workers were killed on U.S. job sites in 2010 - about 12 each day - and 20 percent of those were in the construction industry alone.

Our Winston-Salem workers compensation attorneys know that what many people don't often consider are the less sensational - but no less important - tenants of basic worker safety and health in an office setting.

According to the Centers for Disease Control, something as simple as a well-designed office can grant all workers the ability to do their jobs comfortably, minus the need for over-reaching, sitting or standing too long or using an awkward posture. For people who work all day in front of a computer screen, something as simple as taking a break hourly can make all the difference.

Scientists at the CDC regularly study ergonomics - or the science of people at work - and specifically, it's likelihood of resulting in musculoskeletal disorders. These effects may be obvious when examining a labor-intensive job in an industry, like agriculture, that requires a great deal of physical exertion. But it's less discernible in a regular office setting.

But simple solutions can be applied to help reduce possible injury and make workers less at-risk for injury. Potential office hazards include cords in the path of walkways, lower drawers left open and overhead objects that may be perilously close to falling on an employee below.

Other considerations should be given to things like non-adjustable furniture or equipment as well as how efficiently a worker can do his or her job if they are required to move too quickly or with a great deal of repetition.

Stress is also another factor - a huge one - in terms of employee health and safety. The CDC reports that a quarter of employees find their job to be stressful. And work-related stress is more commonly associated with health problems than any other life stressor, including family and financial problems. In fact, employees who report high stress levels have health care expenditures totaling 50 percent more than their more relaxed counterparts.

In addition to personal health problems, workplace stress can directly result in on-the-job injuries, because workers who feel pressured and anxious are not going to perform at their optimum level. Safety suffers.

And some workers may not even realize they are stressed.

Some early signs of workplace stress include:
-Headaches.
-Sleep disturbances.
-Difficulty concentrating.
-Short temper.
-Upset stomach.
-Job dissatisfaction.
-Low morale.

Our Winston-Salem workers compensation attorneys urge you to discuss these office-related hazards and concerns with your employer.

Continue reading "Office Safety Important for Reducing Workplace Injuries in Winston-Salem, elsewhere" »

Federal law provides employees in the Charlotte and across the country the right to report potentially hazardous conditions in the workplace without fear that their employer may retaliate by reducing hours, demoting them, creating a hostile work environment or eliminating their position.

This is especially true when those hazards have the potential to endanger the lives of the public.

This right was underscored earlier this month, when the U.S. Occupational Health and Safety Administration ordered AirTran Airways (a subsidiary of the Texas-based Southwest Airlines) to reinstate a pilot and pay him more than $1 million in back pay and interest, following a federal investigation.
Reports indicate the pilot was fired after he repeatedly pointed out concerns regarding the mechanics of a commercial plane.
Our Charlotte workers compensation attorneys understand that more than 4,500 workers were killed while on the job in 2010. That equates to about 87 each week and 12 every single day.

Many of these accidents are preventable, and happen through no fault of the victim.

Often, a Charlotte workers' compensation claim stems from the actions or inaction of a careless employer or a defective products or equipment, or even a corporate culture that has become lax about safety standards.

Workers who try to report potential violations may be covered under OSHA's federal Whistleblower Protection Program.

In this case, OSHA reports the trouble started in the summer of 2007. The pilot, who is not named in the report, was placed on administrative leave in August of that year. Following a short hearing in September, he was terminated.

OSHA discovered in its investigation that immediately prior to being placed on leave, the pilot reported a number of concerns regarding mechanical malfunctions on certain commercial airplanes - the same aircraft that each day ferried hundreds, sometimes thousands, of passengers throughout the country and beyond.

When the pilot was first removed from flight status, he complained to his employer. An internal investigation resulted in a brief hearing in September 2007 - it lasted a total of 17 minutes.

A week later, he was fired, with the airline contending the pilot didn't adequately answer questions about why his mechanical malfunction reports were increasing.

OSHA found otherwise.

In fact, the federal agency found the pilot answered all questions in a way that should have been satisfactory.

What the airline was doing, OSHA found, was acting in retaliation - a direct violation of OSHA's whistleblower protection provision of AIR21.

OSHA's Assistant Secretary, Dr. David Michaels, stressed this point, saying that all workers - but those in the airline industry especially - must be free to raise safety and security concerns. He added that companies that try to degrade those rights by intimidating their employees or acting out in retaliation have to be held accountable.

OSHA encourages employees who think they have experienced this type of retaliation to contact them so it can be investigated, and any injustices rectified.

We also encourage workers in this type of situation to consider the need for appropriate legal counsel. Large companies, like airlines, often have ready access to highly-paid attorneys who know the system, and that can be intimidating for an individual.
But you don't have to do it alone.

Continue reading "Airline Punished for Retaliating Against Safety-Conscious Pilot" »

The number of work-related accidents in North Carolina saw an increase from 2010 to 2011, reports the North Carolina Department of Labor. In 2011, there were 53 work-related fatalities in the state. There were only 50 recorded the previous year. The yearly average of work-related fatalities in North Carolina over the last five years was 53.2.

According to the most recently released statistics, there was one work-related fatality each in Watauga, Rockingham, Guilford and Ashe counties. There were three work-related fatalities during the year in Forsyth and seven workplace fatalities in 2011 in Northwest North Carolina and Triad. Wake County witnessed the most workplace fatalities - six - and was closely followed by Mecklenburg with five, according to the Winston-Salem Journal.

Our Asheville workers compensation attorneys understand that the top two causes for on-the-job fatalities were falls and being struck by an object, with 17 and 18 fatalities in 2011. These recent statistics also indicated that there were four work-related fatalities caused by heat exposure. This was the first year that a heat-related work fatality was recorded since 2006.

"The department will continue its heat stress initiative that we kicked off last year," said Cherie Berry, the state's labor commissioner. "We are urging employers and employees to recommit themselves to safety and health."

In 2011, the construction industry ranked second place for having the second-highest number of work-related fatalities with a second year of 16 fatalities. Following closely behind the construction industry were the agriculture, forestry and fishing sectors with 10 fatalities total and public utilities and transportation with six.

According to the more detailed reports of the 2011 incidents, Caucasians accounted for 30 of the 53 work-related fatalities. Hispanic workers accounted for 16 of the fatalities, African Americans accounted for six and Native American employees accounted for one. Men were overwhelmingly the victims in these cases, accounting for 52 of the 53 work-related fatalities during the year.

Now the good news: The state's Department of Labor also revealed that the injury rate has hit an overall low for the private industry. In 2009 and in 2010, the fatality rate per 100 workers was 3.1

"Any workplace death is a tragedy and of great concern because it affects so many people -- the family, co-workers, the community and our department," said Berry.

We would like to remind employees that employers have a legal obligation to provide safe work areas for all employees. The proper training, safety gear and safety requirements are to be met and executed under federal law. Employers are to minimize all hazards and risks for injury, illness and death on the job for employees throughout the country. If you feel that you're at risk for a work-related accident, talk with your employer about ways to rectify the situation. Always voice your concerns when safety is at stake.

"The real tragedy is that all of these fatalities could have been avoided by having proper safety and health training, which we provide free of charge," Berry said.

Continue reading "Fatal Work-Related Accidents in North Carolina Up from Previous Year" »

According to state authorities, a man shot and killed three of his fellow workers at the McBride Lumber Co. work site in North Carolina. After taking the lives of three of his co-workers, the angry employee died of a subsequent self-inflicted wound (a gunshot wound to the head), according to CBS News. Police officers report the man was disgruntled, but reports didn't indicate why he was upset. There were 16 workers on the job that day.

Recently, the Occupational Safety & Health Administration (OSHA) discussed the commonality of workplace violence in North Carolina and elsewhere. Workplace violence is defined as any threat or act of physical violence, intimidation, harassment or any other type of threatening disruptive behavior that happens at work. These types of incidents can range from verbal abuse to physical abuse to homicide.

Our Charlotte workers compensation lawyers understand that homicide is the fourth-leading cause of fatal on-the-job injuries in the U.S. The U.S. Bureau of Labor Statistics reports that of the more than 4,500 people who died on the job in 2010, more than 500 of the fatalities were the result of workplace homicides. Homicide is the number one cause of death among working women in the U.S.

In the workplace, these types of risks and dangers are supposed to be prevented and/or minimized by employers. Employers are required by law to take all of the necessary safety precautions to reduce the risks of work-related injuries and fatalities. One of the best ways for an employer to reduce the risks of on-the-job work violence and homicides is to enact a zero-tolerance policy. This policy should extend to cover more than workers. It should also cover contractors, visitors, clients and patients as well.

Employers are urged to frequently assess work sites. By looking at work conditions often, employers can identify ways to reduce the chances of violent acts occurring. OSHA provides a number of example work-related violence prevention programs for employers in a wide range of industries to implement on the job. These documents can be used as references to provide guidance for evaluating and controlling violence in the workplace.

According to OSHA, a thorough, well written and implemented Workplace Violence Prevention Program, along with the proper administrating controls, engineering controls and training, can help to reduce the likelihood of a workplace violence incident in all types of work industries.

Workers are asked to speak up if feeling intimidated or in danger on the job. Employees have rights that must be met on all job sites. There is no excuse for workplace violence and employers are required to minimize the risks of such devastating work incidents.

Continue reading "Police: Employee Kills North Carolina Workers before Turning Gun on Self" »

As our Rock Hill workers compensation lawyers recently reported on our blog, the U.S. work force is growing stronger and bigger as the economy recovers and more and more residents are heading back to work. With the start of the New Year and the increase in employed residents, we are urging employers and companies to take this time to look at their current injury-prevention programs, which are often the first to take a hit during economic downturns. It's the perfect time to reevaluate your job's current injury-prevention program. These programs can not only be used to protect employees, but they've also been proven to improve the business overall.

According to Occupational Safety and Health Administration (OSHA), an injury and illness prevention program is a proactive way for employers find and fix hazards that can be found on the job before they cause a work-related accident in Rock Hill and elsewhere. Without these programs, jobs can be dangerous, employees can be severely injured and needless costs can drain your company's bank account.

Having these programs in place will help employers see a significant reduction in the number of workplace injuries. In addition to reducing the risks, employers with safety programs often report a higher productivity rate, greater employee satisfaction, reduced costs, reduced turnover rates and an increase in product quality.

Currently, 34 states require employers to implement these kinds of programs. The key to a successful program includes hazard prevention, hazard identification and assessment, employee participation, management leadership, program evaluation and improvement, education and training.

The Occupational Safety and Health Act (OSH Act) was signed into law about 40 years ago and since then there has been an approximate 60 percent decrease in the number of work-related injuries and fatalities. Even with the reduction, there are far too many work-related accidents every year in the United States.

Work Accidents:

-There are about a dozen people who are killed on the job every day.

-More than 4,500 people die as the result of a work-related accident every year.

-Each year, more than 4 million workers suffer a serious work-related injury or illness.

Accident prevention programs can help to significantly reduce these numbers. Under the OSH Act, employers are required to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

Having a prevention measure enforced on the job at every work site, employers can avoid significant costs that are associated with illnesses and injured that occur on the job.

These types of programs can help employers to cut costs and stop a disruption is business. According to Liberty Mutual, direct costs of the most disabling workplace injuries in 2008 totaled more than $50 billion.

Continue reading "Urging Employers to Enforce Prevention Programs to Reduce Risks of Work-Related Accidents in Rock Hill and Elsewhere" »

Work-related fall accidents in North Carolina and elsewhere are the leading cause of on-the-job fatalities. These types of accidents are most common in the construction industry. These incidents are not isolated to the construction industry though. They're common among those who work in the healthcare and the retail industry as well.

The Centers for Disease Control and Prevention (CDC) offers some safety tips to help reduce the risks of these types of work accidents. Our Greensboro workers compensation attorneys understand that employees of all kinds are at risk for potentially fatal fall accidents on the job. We're asking that you review the following information to help to prevent the risk of getting hurt at work in the New Year. According to preliminary statistics from the U.S. Bureau of Labor Statistics, there were approximately 635 fatal fall accidents in the country in 2010. These types of accidents accounted for almost 15 percent of all fatal work-related accidents.

Of the 2010 Fatal Work-Related Fall Accidents:

-More than 90 happened when a worker fell on the same level.

-Nearly 540 were accidents involving workers who fell to a lower level.

-About 130 of these accidents happened as workers fell from a ladder.

-More than 100 occurred as employees fell from a roof.

-More than 50 happened as workers fell from scaffolds.

As stated before, most fatal fall accidents are endured by construction industry workers. However, the most common injury-resulting falls occur among those working in the healthcare, wholesale and retail positions.

Common causes of work-related falls:

-Improper fall protections.

-Slippery walkways.

-Unstable walking and working surfaces.

-Failure to remove work debris.

-Cluttered walkways.

-Unprotected holes in walls and floors.

Yes, these types of accidents are common. Unfortunately they can be painful and costly, too. Injuries resulting from fall-related accidents can cost billions in medical bills and in workers' compensation. Officials estimate these costs amount to $70 billion annually in the U.S. To help reduce these accidents, federal regulations have been established to make sure employers are taking all of the proper safety precautions. The Occupational Safety & Health Administration (OSHA) has created a Quick Card to help employers and employers keep work sites safe from fall accidents.

Tips to Prevent Fall Accidents:

-Be sure to guard every floor hole. Use a railing and a toeboard or a floor-hole cover.

-Make sure that every open-sided platform, runway or floor that is at least 4-feet off the ground has both a guardrail and a toeboard.

-Regardless of height, if a worker can slip and fall into a dangerous machine or onto a dangerous piece of equipment, make sure that there are guardrails and toeboards available.

-Consider using other forms of fall protection, including stair railings, safety nets, safety harnessed and handrails, too.

-Keep all floors and work areas in a clean and sanitary condition.

-Provide personal protective equipment to employees at no cost to them.

-Make sure that employees are properly trained.

Continue reading "Helping to Reduce Risks of Work-Related Fall Accidents in Greensboro in 2012" »

Our Asheville work accident attorneys recently posted on our North Carolina Workers' Compensation Blog about the dangers of cold weather and car accidents.

The National Highway Traffic Safety Administration is warning of the risks winter weather poses when it comes to car accidents. Traffic accidents are the leading cause of on-the-job injuries in Ashville and elsewhere. And, while the Carolinas may benefit from milder winters than those suffered in much of the rest of the country, drivers in warm-weather states may be at higher risks due to being less experienced and less prepared for cold weather.

We have already written about avoiding winter weather car accidents in Asheville by properly maintaining your vehicle. But what you do behind the wheel is also critical to maintaining your safety and the safety of those around you.

-Practice winter driving in a parking lot or remote area.

-Drive slowly.

-Brake anti-lock vehicles firmly. Those without anti-lock brakes should be stopped by gently pumping the brakes.

-Stay calm in a skid. Ease off the gas while steering in the direction you want the front end to go. Don't apply either the gas or the brake until you have regained control. Steering into the skid will bring your car back in line.

-Plan your route of travel. Know about potential delays, road conditions and accidents before venturing out.

-Allow plenty of time to reach your destination.

-Always have a cell phone with a good charge. And keep your gas tank as close to full as possible.

-Beware carbon monoxide poisoning if stuck in the snow. Be sure the tailpipe is clear when running a vehicle to stay warm and always crack a window.

-Avoid driving in hazardous conditions whenever possible.

-Keep an emergency kit in your vehicle. Broom, shovel, ice scraper, abrasive material for traction, flashlight, flares, jumper cables, blankets, water, food and medicine are a few of the items that should be part of your travel kit.

-Don't leave an abandoned vehicle unless safe to do so. Don't wander off. Beware of traffic and the risk of secondary accidents.

-Don't overexert yourself.

-Always wear your seat belt and require everyone in your vehicle to buckle up.

-Don't drive distracted.

-Dress appropriately -- dress as though you may be stranded or out longer than you anticipate.

-Never leave a child unattended around a vehicle.

Safety is no accident. It usually takes careful planning. The Carolinas are not known for brutal winters. But at the same time employees certainly face increased risk during inclement weather. Make sure your vehicle has been serviced and is ready for winter. Plan your route. Know the risks. Drive carefully. And be prepared. Employers and employees alike can take steps to reduce their risks of being involved in a car accident while on the job. That is true all year long. But winter brings with it special risks. Take it seriously and plan accordingly.

Continue reading "Winter Weather Car Accidents a Work-Injury Risk in Asheville " »

The economy is recovering and residents are heading back to work. With the reduction in the unemployment rate, we're seeing an increase in the rate of work-related accidents in the Carolinas and elsewhere. According to the U.S. Bureau of Labor Statistics, the non-farm employment stats increased by about 200,000 in December. Now, the unemployment rate sits at less than 9 percent. An increase in employees has been seen in the industries of mining, health care, manufacturing, transportation and warehousing, among others

Our Carolina workers compensation lawyers understand the unemployment rate is down. More than 13 million people were unemployed in the United States in December. While this number may seem large, it's important to remember this is in fact a reduction from recent statistics. This is nearly a 1 percent reduction in the unemployment rate since August of 2011. As people are heading back to work, it's an important time to remind employers they have a responsibility to protect employees from common serious and fatal work accidents.

Major Work Group Numbers in December of 2011:

-The unemployment rate for adult men showed an 8 percent decrease in December.

-The unemployment rate for adult women stood at nearly 8 percent.

-The unemployment rate for teenagers stood at more than 23 percent.

-The unemployment rate for white employees stood at nearly 8 percent.

-The unemployment rate for black employees was nearly 16 percent.

-The unemployment rate for Hispanics stood at about 11 percent.

-The unemployment rate for Asians was still about 7 percent

The number of those who were long-term unemployed, meaning that they were without a job for more than 26 weeks, stood at about 42 percent of the unemployed population.

The number of people who were part-time employees, for economic reasons, dropped by more than 370,000. This category defines individuals who were partaking in part-time work because their position, hours or ability to find work had been cut.

Nearly 3 million people were marginally attached to the labor force in December, meaning that while they were not in the labor force, they wanted and were available for work and had looked for employment sometime in the previous year. These individuals were not considered to be unemployed because they didn't look for a job in the 4 weeks prior to the survey.

December's Employment Rates:

-The number of employed and unemployed members of the civilian labor force stood the same throughout the month.

-Non-farm employees increase by roughly 200,000.

-Private sector employees rose by more than 210,000.

-The number of workers in transportation and warehousing increased significantly by more than 50,000.

-Seasonal employee hiring was strong in December.

-The retail industry gained nearly 30,000 workers.

-The manufacturing industry gained nearly 25,000 employees.

-The mining industry increase by nearly 10,000 employees.

-Health care gained nearly 25,000 workers.

-Food services (hospitality and leisure) gained nearly 25,000 employees.

-The construction industry remained about the same.

According to the preliminary stats, there were nearly 5,000 fatal work accidents in 2010. As the economy recovers and the working market gets more employees, accidents are bound to be more common. Be safe our there to help to reduce the risks of a work-related accident in 2012.

Continue reading "Unemployment Rates Dropping, Risks of Carolina Work-Related Accidents Increasing" »

Transportation accidents are the leading cause of work accidents in Winston-Salem and throughout the Carolinas. The Bureau of Labor Statistics reports 1,766 employees were killed in transportation accidents while on the job in 2010. A total of 4,547 workers died on the job that year.

Our Winston-Salem workers' compensation attorneys know 4 in 10 fatal work injuries occur as a result of some form of transportation accident -- the vast majority of which are plain ol' car accidents.

Distracted driving has become an epidemic. The National Highway Traffic Safety Administration reports 3,000 to 5,000 motorists a year are being killed in accidents involving a distracted driver. At the start of 2012, we join the National Safety Council in urging employers to establish a cell phone policy in an effort to reduce the risk of serious or fatal distracted driving accidents that occur on the job.

The federal government has already forbid federal employees from texting while driving and placed other restrictions on cell phone use behind the wheel. And the National Transportation Safety Board has recommended all cell phone use be prohibited by drivers, except in cases of emergency.

Employers can do their part to make the roads safer, and to reduce their liability, by creating cell-phone policies for drivers on the job. In a 2009 survey, the NSC found the top three barriers to establishing a cell phone policy in the workplace were:

-Lack of employee support
-Competing job priorities
-Lack of management commitment

Meanwhile, opinion polls conducted by the AAA Foundation for Traffic Foundation have found that 80 percent of drivers found cell phone use by drivers is a "very serious threat" to their safety. Even though those same drivers admitted to distracted driving behavior.

And Nationwide Insurance reports that 80 percent of drivers support laws restricting cell phone use behind the wheel. Support for banning text messaging by drivers is nearly universal.

Employers who are considering establishing a cell phone policy should do so as part of a coordinated safety effort.

-Don't surprise employees with a new policy.

-Hold a series of meetings and request feedback as part of policy implementation.

-As employees to offer solutions and discuss potential challenges.

-Policy implementation must have support of top management.

-Brainstorm ways to maintain productivity. Utilize teams of cross-department employees in designing and implementing your plan.

-Involve employees in the monitoring and compliance process.

-Be sure to communicate positive results.

Of course distraction is just one common cause of accidents while driving on the job. Poorly maintained vehicles, defective roads or risks posed by other drivers on the road may also lead to a serious or fatal accident. And please be sure to check back for advice on driving on wet, slippery or icy roads this winter.

Resolve to stay safe behind the wheel in 2012, whether on the job or on your own time. By following time-tested safety advice, you can do your part to avoid an accident. The life you safe, may well be your own.

Continue reading "Carolina Car Accidents a Primary Cause of On-the-Job Injuries; Don't Drive Distracted in 2012!" »

The recent cold snap brings to mind accidents and injuries that can be caused by winter weather, as well as the responsibilities of employers and the rights of employees when it comes to winter work accidents in Charlotte and throughout the Carolinas.

You don't have to be in Alaska to be at risk of serious or fatal work accidents caused by winter weather. In fact, workers in warmer climates may be more at risk -- because they are less able to deal with the cold, because they have less experience dealing with the risks, and because they work for companies or in facilities that lack the proper knowledge and equipment to deal with snow, ice, wind and freezing temperatures. Already this year, as far south as Naples Florida, emergency shelters have been opened to deal with temperatures that have dipped into the 40s.

Our Charlotte workers' compensation attorneys understand that knowledge is the first step toward a safe workplace:

Top causes of work accident in winter weather include:

-Transportation accidents
-Fall Accidents
-Carbon Monoxide poisoning
-Frostbite, hypothermia, dehydration
-Snow removal injuries, including heart attack and back injuries
-Electrocution from downed power lines.
-Injuries associated with collapsing roofs and other structures under the weight of ice and snow.
-Injuries caused by falling ice and snow.
-Machine injuries, including lacerations and amputations.

The Centers for Disease Control and Prevention reports cold stress is a leading cause of injuries in the winter months, including hypothermia, frostbite, trench foot and chiblains. Some of these conditions can occur in wet conditions with temperatures as warm as 60 degrees.

To help prevent Carolina employee injuries, employers should:

-Schedule outdoor maintenance tasks for warmer months or warmer parts of the day.

-Allow for plenty of breaks in a warm area.

-Provide plenty of liquid and looks for signs of dehydration or fatigue.

-Reduce workload.

-Provide cold-stress training that emphasizes risks, prevention, symptoms, treatment, co-monitoring and the importance of protective equipment.

For their part, an employee can help reduce risks by wearing loose, layered clothing that provides for various degrees of warmth without restricting movement or blood flow; and by wearing appropriate boots, gloves, hats and other protective gear. Keep a close eye on co-workers, get plenty of rest and drink plenty of liquids.

And it's not just those who are outside who are at risk. Workers are also at risk in metal fabricated buildings and other facilities that lack proper insulation. Carbon monoxide poisoning is another risk factor. Heating equipment should be properly serviced and inspected. Extra caution should be used when utilizing temporary heating devices such as kerosene heaters.

Thermometers, smoke detectors and carbon monoxide detectors should be installed, tested and maintained in proper working order. By utilizing the proper equipment, ensuring that employees have the proper training, and wearing the proper attire, we can all stay safe this winter and reduce our risk of suffering an accident related to cold winter weather. Please do your part to keep the workplace safe this winter!

Continue reading "Cold Weather Presents Risks for Carolina Work Injuries " »

The U.S. Department of Labor has issued a hazard alert for certain refurbished circuit breakers that have been rebuilt incorrectly by a third party. Any employee working near one of these refurbished circuit breakers is at severe risk of electrical shock, arc flashes or electrocution hazards at work in Greensboro or elsewhere. Certain molded-case circuit breakers emit a high risk of burn or other severe injuries caused by fires or explosions.

Gastonia workers' compensation lawyers know that employers trying to cut costs by opting to use refurbished equipment need to be careful because they can put their workers at risk of severe injuries or even death when an accident occurs. Many refurbished items look brand new but may not have been rebuilt correctly.

The Occupational Safety and Health Administration issued the hazard alert after they learned from the Mine Safety and Health Administration that a third-party rebuilder slapped on 600 or 1,000 VAC covers to circuit breakers and then labeled them to look as though they were new products before selling them directly to users or indirectly through a mining supply company. The circuit breakers were originally manufactured by Eaton/Cutler-Hammer as part of its E2 mining series but were refurbished by a different company.

Workers in the mining industry may be at risk of hazards such as arc flash, electrocution and shock when the defective circuit breakers catch fire or cause a potential explosion. Safety features such as phase-to-phase fault protection or proper grounding may be lacking in the defective circuit breakers putting workers at risk of these hazards when the breaker trips. Additionally, the frames used for covers may contain tips and springs from an unknown origin and are labeled with 600 VAC or 1,000 VAC which may not be the correct identification for the defective part.

You may be wondering how workers or employers can identify the defective circuit breakers. The circuit breakers will either appear new or properly built on any frame size but the design has changed from the original manufactured look. These types of circuit breakers are used for tunneling operations or in any electrical cabinet where standalone type circuit breakers are used. The refurbished models have different cover colors than the original equipment and lack the marking of a qualified National Recognized Testing Laboratory (NRTL) on the label or frame. These are the only two known exterior means of identifying the defective breakers. Model numbers that may be defective include the E2K or E2KM mining series breaker.

OSHA is instructing employers who may have one of the defective models to take necessary precautions and refrain from resetting the Eaton circuit breaker if it trips. Someone qualified in working with circuit breakers should shut off the power and follow proper procedures for lockout/tagout practices. Workers should be protected from voltage in the area by being prohibited from going anywhere near the circuit breaker until it has been determined that the circuit breaker is working properly and does not impose a threat for electrocution or fire hazards.

Contact the NRTL Program if you have questions or concerns about defective circuit breakers manufactured by Eaton. Call 1-202-693-2300 or email nrtlprogram@dol.gov.

Continue reading "Refurbished Circuit Breakers in North Carolina Can Cause High Risk of Fires and Explosions Leading to Burn Injuries at Work" »

The Occupational Safety & Health Administration (OSHA) has been vigilant in recent years in developing injury and illness prevention programs in order to keep workers safe at work.

Statesville workers' compensation lawyers are concerned that even after the development and implementation of these prevention programs the nation averages 12 deaths a day while at work. In 2009, serious work illnesses and injuries in North Carolina and throughout the country were a staggering 3.3 million, not to mention the 4,300 deaths occurring in the workplace. In 2008, the average amount spent on workers' compensation costs nationwide was more than $1 billion a week. Think about all the jobs that could be created if employers took the initiative to prevent work injuries and illnesses which would result in saving the nation $53.42 billion annually in workers' compensation costs.

According to OSHA, the following are examples of effective Injury and Illness Prevention Programs:

Voluntary Protection Programs (VPP): these programs are a proactive and cooperative approach by employees, management and OSHA to prevent illnesses, injuries and deaths by focusing on worksite analysis, employee training and hazard control and prevention.

OSHA Challenge Program: OSHA provides an online roadmap to employees to help them achieve VPP requirements. OSHA then recognizes any employer who has made valid improvements to their safety and health management systems. Click here to view some of OSHA's Challenge success stories.

Alliance Program Case Studies: examples of case studies are provided to employers to demonstrate the positive effects of a successful health and safety program.

Safety and Health Achievement Recognition Program (SHARP): small employers are recognized for their efforts to implement a safety and health management system. Click here to view some of the successful SHARP stories.

North Carolina is one of 34 states that have guidelines established for employers to implement a health and safety program within their organization in order to protect workers from being injured or contracting an illness while performing a work task. Any North Carolina employer who employs 11 or more workers and has an experience rate modifier of 1.5 or above is required to have an Employee Safety and Health Committee. Each committee member will be trained and educated by employers on the following:

-How to identify a hazard in the workplace.

-How to conduct an effective accident or incident investigation.

-Define the employer and employee rights and responsibilities as directed by the Safety and Health Programs and Committees Act and Mine Safety Laws.

-How to keep and meet accurate recordkeeping requirements set forth by North Carolina's Workers' Compensation Act and Mine Safety Laws.

-Provided knowledge of the most common causes and cited violations of workplace accidents.

Members of the committee have a responsibility to protect workers and ensure that employers are doing everything in their power to keep workers safe on the job. The goal of all North Carolina employers should be to have zero work accidents each and every day.

Continue reading "North Carolina Injury and Illness Prevention Programs Aim to Reduce Workplace Accidents in Statesville, Elsewhere" »

You may remember the tragic story of the college student who was fatally injured at a college football practice last year while filming the team's practice. The student was employed by the University of Notre Dame but was not properly trained about how to operate the scissor lift, which contributed to the fall accident that took the young man's life.

Asheville workers' compensation attorneys see so many red flags associated with this particular work accident. Young workers must be properly trained when they are required to operate dangerous equipment, especially if weather or other factors can cause a severe or fatal injury to occur.

Scissor lifts are large pieces of equipment powered by hydraulics which contain a platform that is raised and lowered by a scissor motion below its base. Without proper training of safety precautions, scissor lift-related accidents in Charlotte, or elsewhere are quite common, especially when performing job responsibilities in an outside environment. The college student raised the lift upwards of 39 feet into the air during a practice that entailed wind gusts of over 50 mph. The lift was blown over and killed the young man.

The Occupational Safety & Health Administration (OSHA) has issued a hazard alert to organizations following this incident. Employers and young workers should be familiar with the following hazards related to using a scissor lift if you are required to use equipment to complete your job responsibilities:

-High winds or inclement weather conditions can cause the lift to fall over.

-The lift can fall over when it is positioned on uneven ground or in a particularly soft area due to excessive amounts of rain.

-Weighted objects on the platform can cause the lift to fall over.

-A worker may fall off the platform if no personal protective equipment or guard rails are being used.

Not only are workers at risk of fall accidents from a raised scissor lift, they can also be subject to electrocution hazards. A worker that comes into contact with electrical lines while standing on the platform is at severe risk of being electrocuted.

Employers have a responsibility to take the necessary precautions to keep workers of any age safe while performing job duties. The following initiatives must be taken to prevent scissor lift-related work accidents:

-Inspect the equipment before it is about to be used by a worker.

-Stay away from parking the apparatus near slopes, holes or ground obstructions.

-Park the scissor lift at least 10 away from electrical lines upon its full extension.

-If rain, sleet, snow or wind is expected, prohibit workers from using a scissor lift.

-Make sure the lift is limited two one or two people using minimal equipment.

-Provide workers with fall protection such as a harness to prevent them from falling off the platform to ground level. Always make sure guard rails are in place before using the equipment.

-The scissor lift must be tested, inspected and maintained according to the manufacturer's recommendations.

-Train all employees on how to properly use the equipment. Never permit an untrained employee to use the scissor fork in a raised position.

Continue reading "North Carolina Scissor Lift Accidents Common at Work When Employees in Charlotte, Asheville are Not Trained Properly " »

Workers' compensation attorneys in Winston-Salem, Charlotte, Statesville and elsewhere hope that everyone drives safely this holiday season to help avoid a serious or fatal work-related transportation accident in North Carolina or elsewhere.

We recently posted on our North Carolina Car Accident Lawyers Blog, that a state trooper, along with two other vehicle occupants were injured in a work accident in North Carolina. The police officer was responding to a potential drunk driving arrest. Many of us associate work-related transportation accidents to jobs that require emergency response efforts. But that isn't the only time that workers are in danger of being involved or struck by a vehicle that can cause serious injury or death while performing a job task.

IndependentMail.com recently reported about a worker who was struck and killed by a passing car while he was working at a job site in South Carolina. The employee had just arrived at the site and was assisting a group of workers from the town's water department who were working to repair an underground line. A 2005 Honda hit the worker as it passed by. The town employee was taken to AnMed Health and Medical Center by ambulance where he was later pronounced dead from chest and head trauma. The 47 year-old man had worked for the town water department for 10 years and town officials state he is the third employee to be killed while working in the small South Carolina town of Honea Path. No charges have been filed but the accident is still under investigation. The South Carolina Department of Labor and U.S. Department of Labor have both been notified of the fatal occupational injury.

Earlier this year, the North Carolina Department of Labor reported that there were 48 fatal occupational injuries in 2010. The two most common causes of death at work in North Carolina last year were fall accidents and struck-by accidents, which in many cases were related to transportation incidents. Though the 48 fatal workplace accidents were below the previous five-year average of 53.2, it was an increase from 2009 in which 34 occupational deaths were recorded.

Employees who rely on transportation to perform their job responsibilities have been given the following Safe Driving Practices for Employees by the NC Department of Labor:

-Always give driving your full attention rather than allowing yourself to be easily distracted.

-Remain calm, courteous and patient every time you get behind the wheel rather than engage in aggressive driving practices with other motorists.

-Make sure tools and equipment are tightly secured rather than leave them loose, where they can cause severe injury if they become airborne.

-Never drive drowsy or under the influence of drugs or alcohol as these are two common causes of transportation incidents at work.

Much attention is given to the safety of drivers in transportation accidents but very little attention is given to the safety of workers at risk of being struck by a vehicle. Employers have a responsibility to make sure these workers are protected by creating a safe work zone and making them visible to other motorists who are passing by. All workers have a right to be protected from a work-related accident so employers must take the necessary actions to make sure that happens each and every day on the job.

Continue reading "Fatal Work-Related Transportation Accident a Reminder to Drive Safe in North Carolina Throughout the Holidays" »