North Carolina Workers' Compensation Lawyers Blog

For those who need additional evidence that North Carolina's workers' compensation premiums are not excessive, the Worcester Business Journal recently cited the state as one in which the rates were among the most reasonable in the nation.

Our North Carolina workers' compensation lawyers continue to report on the giant handout big business hopes to pass through the legislature, which would gut the benefits received by employees injured in worked accidents from Winston-Salem to Wilmington.

As we have reported on our North Carolina Workers' Compensation Lawyers Blog, the excuse used by pro-business politicians and the corporations that pay for their elections is that the workers' compensation rates paid by companies are too high to maintain a pro-business climate to lure companies and jobs. An injured worker is not in line to claim a fortune, maximum North Carolina workers' compensation benefits are set at $836 a week, up just $2 from last year.

The Worcester Journal reported businesses have been moving out of Massachusetts in favor of pro-business climates in Rhode Island, New Hampshire, and North Carolina, in part because of the lower workers' compensation premiums.

-North Carolina was one of 21 states with low cost of electricity.

-It was one of 19 states with low health care costs.

-And it was one of the top 20 states in terms of the overall costs of doing business.

Continue reading "Study finds North Carolina offers favorable business climate, despite those looking to reduce Workers' Compensation Benefits" »

As the events in Japan continue to unfold our Carolina workers' compensation attorneys note a recent report that found employees in the oil and gas extraction industry are at a greater risk of death than workers at a nuclear power plant.

Recently the Manhattan Institute conducted a survey of the general population relating to nuclear energy.

Almost 40% of the respondents thought there had been at least one U.S. death from the generation of nuclear power. Another 25% were not sure of the answer and about 37% answered there have been no deaths.

According to a March 2011 report by Blue Ribbon Commission, there are approximately 119,000 workers at nuclear power plants, at about 97 workplaces. An additional 9,000 engage in work with uranium mining, conversion, milling, fabrication, enrichment and waste storage. Through the year 2008, only one facility had 5 workers exposed to a radiation dose above 2 REM (measurement of radiation); the allowable maximum dose by Nuclear Regulatory Commission (NRC) is 5 REM annually.

The Nuclear Regulatory Commission reports "Since commercial nuclear power plants began operating in the United States, there have been no physical injuries or fatalities from exposure to radiation from the plants among members of the U.S. public. Even the country's worst nuclear power plant accident at Three Mile Island resulted in no identifiable health impacts."

Conversely, the U.S. Bureau of Labor Statistics reports there were 120 fatal work injuries in the oil and gas extraction industry in 2008. The most recent statistics for nonfatal illnesses and injuries for oil and gas well drillers were 4,200 cases or 4.6 per 100 full-time workers.

In a recent article in The New York Times questions were raised if the disaster at the Fukushima Daiichi nuclear station in Japan should steer us away from nuclear power.

From the standpoint of workplace safety, an oil rig is a far more deadly place to work than a nuclear power plant. Employers are once again reminded to keep current with safety standards in your industry in order to keep workers safe and out of harms way.

Continue reading "Employees more at risk of a North Carolina work accident in oil and gas industry" »

The Post and Courier reports on a construction company logging many hours of accident free working conditions.

Though this is good news, our Carolina workers' compensation lawyers know that safe work places are not always the case and dangerous conditions often result inGreenville work place injuries or work accidents elsewhere in the Carolinas.

The BE&K-Turner Construction Company was recognized by the South Carolina Department of Labor for 3 million hours of accident free work while working on a project at Charleston International Airport.

BE&K-Turner Construction and Boeing are at a $750 million construction site building a 300,000-square-foot interiors-fabrication facility for Boeings newest 787 Dreamliner.

Construction on the new facility began in September 2010 and the scheduled opening is slated for sometime in the fourth quarter of 2011. The South Carolina Interior Responsibility Center team will manufacture interior parts for the 787 Dreamliner including: closets, partitions, class dividers, video-control stations, stowbins, overhead flight crew compartments, attendant rests and attendant modules.

"Reaching this exemplary safety milestone clearly shows the commitment of BE&K / Turner and the highly skilled South Carolina employees working at the Boeing site to having a safe and healthy worksite," South Carolina Department of Labor, Licensing and Regulation's Catherine Templeton said. "Less than 1 percent of employers in this state reach 1 million safe work hours, so reaching 3 million in just 18 months is extraordinary. BE&K/Turner knows that safety is a full-time job, not a part-time practice."

The most recent statistics from South Carolina Occupational Safety and Health Administration (OSHA) reported 73 workplace fatalities in 2009:

-Incidents with transportation 29.
-Incidents involving assaults and violent acts 12.
-Workers being hit by objects and equipment 11.
-Falls 10.
-Being exposed to harmful substances and environments 9.
-Others 2.

Incident rates per 100 full-time workers for nonfatal occupational injuries and illnesses in South Carolina were higher in 2009 than 2008. Industries showing increases included: Leisure and hospitality, Trade, Transportation, Utilities, Educational and health services, Service providing and Construction.

Continue reading "Boeing plant construction crew recognized for 3 million hours without a Carolina work accident" »

The North Carolina Industrial Commission announced the maximum weekly benefit for 2011 is $836. This is a mere $2 increase from last year and is the smallest increase in over 25 years.

North Carolina workers' compensation attorneys continue to fight for the rights of workers injured on the job throughout the Carolinas. Each year, we help countless clients who come through the door in need of workers' compensation cases in Greensboro, Asheville and Winston-Salem.

Injuries in the workplace are a common occurrence in North Carolina and throughout the country. We previously posted on our North Carolina Workers' Compensation Lawyers Blog that recent statistics indicate over 4,000 people die in the workplace each year. Nationwide, there are over 7 million jobsites with more than 130 million workers.

Almost 4 percent of workers today suffer from a serious workplace illness or injury. Most people may think this is a positive, but be reminded that unemployment rates are still far below what they should be and companies have cut the hours worked by an average of 6% in 2009.

The United States Department of Labor's Bureau of Labor Statistics reports the following additional fatal occupational injury statistics:

-Wholesale trade industry reported a higher number of fatal work injuries than most private industry sectors.

-Workplace suicides were reportedly down by 10% from 2008, but were still reported at over 200 deaths in 2009.

-Non-Hispanic or African-American fatal work injuries were down in 2009, but the number of hours worked for this work group was also down substantially.

-Building and grounds cleaning, and maintenance jobs saw a rise in fatal workplace injuries by 6% from 2008.

-Transportation incidents accounted for two-fifths of all fatal work injuries in 2009.

According to North Carolina Industrial Commission (NCIC), the weekly compensation for injured workers was maxed out at $228 per week in 1982. By 1992, the weekly compensation almost doubled at $426 per week. Ten years later, the maximum weekly compensation for injured workers was $654 in 2002. Each decade has seen an increase of nearly $200 or more. Based on the recent $2 increase for 2011, North Carolina is looking at a 10 year low by 2012. The increase in weekly compensation stands right now at $182 over the last 9 years which is well below the 10 year average increase of the last few decades.

North Carolina workers injured on the job should seek the advice of legal counsel. Knowing your rights is the first step in protecting yourself so make an appointment today.

Continue reading "$836 Not Too Much to Ask for Workers Seriously Injured in North Carolina Accidents" »

Our injury lawyers in Charlotte and Carolina workers' compensation lawyers know that safety is taking a backseat at grain storage facilities. Employers need to be held accountable when workers are injured or killed on the job.

Earlier last month, Assistant Secretary for Occupational Safety and Health Administration (OSHA) David Michaels, wrote a letter addressing Grain Storage Facility Operators:
"Last July, two teenagers (ages 14 and 19) were killed in a tragic incident involving a grain elevator in Illinois. Both young workers suffocated after being engulfed in a grain bin they had entered to help clear. A third young worker was pulled out of the storage bin alive, and was hospitalized after being trapped for 12 hours.

"Unfortunately, this was not a rare occurrence and this trend is continuing. Researchers at Purdue University documented 51 grain entrapments in 2010 alone," Michaels noted. "The Occupational Safety and Health Administration (OSHA) have found that grain entrapments generally occur because of employer negligence, non-compliance with OSHA standards, and/or poor safety and health practices."

Key safety steps employers need to take when workers enter storage bins include:

-Shut off and lock out all powered equipment to the bin so that the grain doesn't move.

-Never let workers 'walk down grain' to make it flow.

-All workers need to be secured with a body harness attached to a lifeline, or a boatswains chair, when going into the bin.

-A spotter needs to be used, stationed outside the silo or bin, when a worker is inside.

The spotter must keep an eye on the worker at all times until they are safely out.

Workers should never be inside bins or silos when there is a build-up of grain on the sides that could fall and bury them.

-Bins or silos must have sufficient oxygen prior to entry. Always test for the presence of combustible and toxic gases.

-Whenever a worker enters a bin or silo a permit should be issued, certifying that safety precautions were taken.

Employers have the obligation to protect and train their workers in accordance to OSHA's Grain Handling Facilities standard.

OSHA in the last 15 months has issued several large fines to grain elevator operators for safety violations that caused death or serious injuries to its workers:

-November 2009 Tempel Grain Elevators LLP Haswell, Colorado fined more than $1.5 million.

-May 2010 South Dakota Wheat Growers Association of Aberdeen, South Dakota was fined more than $1.6 million.

-August 2010 Cooperative Plus, Inc. in Burlington, Wisconsin was fined $721,000.

-January 2011 Haasbach LLC in Mount Carroll and Hillsdale Elevator Co. in Geneseo and Annawan, Illinois, were fined $1,284,000.

"If any employee dies in a grain storage facility, in addition to any civil penalties proposed, OSHA will consider referring the incident to the Department of Justice for criminal prosecution pursuant to the criminal provisions of the Occupational Safety and Health Act of 1970."

Continue reading "Silo Present Serious Risk of North Carolina Work Injury this Spring" »

Our North Carolina workers' compensation lawyers continue to post updates on our North Carolina Workers Compensation Blog regarding the proposed slashing of injured worker benefits.

The North Carolina legislature, for the second time in six years, is thinking about cutting workers' compensation benefits. The highly contentious change could limit benefits to 9 ½ years instead of the current lifetime duration.

Supporters think that reforming North Carolina's workers' compensation law is needed for job growth. The statistics from the state Governor's Office and the Bureau of Labor Statistics don't show that to be true. Nationally, North Carolina is ranked 3rd in declining unemployment and 4th in job growth. As a matter of fact, in the last 12 months North Carolina has gained 36,000 jobs. North Carolina is ranked among the top 10 states in business development by such publications as: Forbes, Business Facilities, Pollina Corporate Real Estate, CEO and Site Selection.

North Carolina's workers' compensation premiums are $2.12 per $100 of payroll, which is .08 above the national average. Our premiums are better than 22 other states, most of which have recently made changes to their workers' compensation laws. In fact, North Carolina premiums have dropped 15% from 2008 to 2010, which is more than New York, California and Texas, which have all had recent workers' compensation reform.

An insider in the Pennsylvania Department of Labor & Industry admits reforms in Pennsylvania only had a slight effect on workers' compensation premiums. Instead of insurance company's spending money on injured workers, they use it to pay doctors to review the worker's medical records and often question the treatment plan recommended by the injured worker's doctor.

Moving expenses from employers and their insurance company to the public sector meaning taxpayers will foot the bill through programs like Social Security Disability Insurance (SSDI), Medicaid and Medicare. Experts have testified before Congress regarding the reduction of benefits over the last 10 years and how hard it is to even qualify for assistance.

In some states, changes included no upward adjustments for attorney's fees. In some cases this reduces their fees to around minimum wage -- making it harder for workers to find quality representation. Injured workers who can't find representation are sometimes forced to accept whatever offer is made, if any.

Injured workers and their families should protect their rights by immediately contacting a workers' compensation attorney. A lawyer can advise clients of the current state of the workers' compensation law and work to maximize benefits for sick or hurt employees.

Continue reading "Big Business Continues Push to Cut Benefits to Injured Workers in North Carolina" »

Bloomberg is reporting that Raleigh based, Progress Energy Inc., led the U.S. list for near misses by nuclear power plants.

Our injury lawyers in Charlotte and Carolina workers' compensation lawyers are following the latest news about Progress Energy Incorporated and their planned merger with Duke Energy Corp., which would create the largest U.S. utility owner.

A watchdog group, Union of Concerned Scientists, released a report that listed 14 plants that had near misses last year. Progress Energy had four accidents at three reactors last year.

The worst U.S. reactor incident happened at Progress Energy's H.B. Robinson plant in South Carolina, when an electrical fire caused an unplanned shutdown and was followed by a series of serious mistakes by plant operators.

Progress Energy's Crystal River plant in Florida, had the most costly mistake, with a price tag of $500 million. When workers had to cut a hole in a reactor containment wall, in order to replace steam generators, they used more pressure than the concrete could withstand.

The findings in this report hit close to home as we watch the news on the stricken Fukushima Daiichi nuclear station in Japan.

What you should do before a nuclear power plant emergency:

-Know the nuclear emergency terminology:
Notification of Unusual Event - no leak is expected, no action on your part.

Alert - chance of small leak inside plant, no action on your part.

Site Area Emergency - small radiation leak from plant, listen to TV & radio for information.

General Emergency - leak outside the plant and off plant site, be prepared to evacuate.

-Know your community's warning system.

-Obtain emergency information from the power company that operates the plant.
-Know the emergency plans for schools, nursing homes and day care centers.
-Be ready to evacuate.

What you should do during a nuclear power plant emergency.

-Listen for information and review the info you get from the power company.

-Evacuate if you are told to do so, close and lock all doors and windows, keep car windows and vents shut (use re-circulating air), keep the radio tuned for information.

-Remain indoors, if told to do so, keep doors and windows closed, turn off the AC and any air intake devices, go into the basement, keep a radio with you at all times.

-Bring pets and livestock indoors.

-Don't use the phone.

-If you think you have been exposed, take a thorough shower, put exposed clothes in a plastic bag and seal it.

-All food needs to be in covered containers or the refrigerator.

What you should do after a nuclear power plant emergency.
-Don't return home until told to do so.

-Don't leave your house until told to do so.

-Seek medical care if you experience any unusual symptoms, like nausea, that could be related to radiation exposure.

The best ways to limit radiation exposure are to get as far away from the source as possible, shield yourself from the radiation by staying indoors and be patient.

Continue reading "Nuclear Power Safety not just Japanese Issue: Threat to North Carolina Work Safety is Real" »

New guidelines for the use of personal protective equipment (PPE) went into effect early last month by order of the Occupational Safety and Health Administration (OSHA) as authorities work to reduce the risk of North Carolina work accidents.

Our North Carolina workers' compensation lawyers in Charlotte, Greensboro and Asheville know that personal protective equipment is vital to reducing North Carolina work injuries.

Back in September of 2009 OSHA issued its final rule regarding personal protective equipment (PPE) requirements for protecting eyes, face, head and feet. This rule updated the PPE sections in the following areas: marine terminals, shipyard employment, general industry and longshoring.

"Workers exposed to occupational hazards requiring head, foot, or eye and face protection will now be provided protection based on a standard that reflects state-of-the-art technology and materials," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "This final rule is another step in OSHA's efforts to update or remove references to outdated national consensus and industry standards."

Inspection Guidelines for 29 CFR 1910 Subpart I, the revised Personal Protective Equipment Standards for General Industry (June 1995), will now be replaced by Enforcement Guidance for Personal Protective Equipment in General Industry.

The new directive clearly identifies the type of PPE the employer must provide. It also clarifies when the employer is obligated to pay for it.

Common items that employers need to provide, at no cost to workers, include but are not limited to: ladder safety belts, goggles, gloves, foot protection, face shields, hard hats, hearing protection, respirators and fall protections.

Employers are not required to provide such items as: foul weather gear, uniforms, hairnet & gloves used during food prep.

The Enforcement Guidance for Personal Protective Equipment in General Industry directive provides a complete list of items that employers must provide and pay for and those that are the responsibility of the employee.

Employers are responsible to provide personal protective equipment to their employees and make sure they are properly trained. Employees need to know why they are getting this protective equipment. What is the hazard they are exposed to? How does the equipment protect them from this hazard? How does the protective equipment work? How do you clean it and store it? How and where do they replace it if it breaks?
Employers need to answer all these questions and employees need to make sure they thoroughly understand how to use any protective equipment provided to them.

Continue reading "Employers responsible for personal protective equipment to prevent North Carolina work injuries" »

A struggling economy often leaves employers making tough decisions on how to make ends meet, which includes finding ways to cut corners. Often the answer is to fire employees or ask those that are close to retirement age, to do just that, retire with little compensation. Another solution, is to cut health benefits, which leave employees thankful to have a job but in disarray when sickness or injuries occur.

A common theme on our North Carolina Workers' Compensation Lawyers Blog has been about the public using their voice to prevent lawmakers from cutting insurance benefits. Previous posts have reported that insurance companies are getting richer at the expense of families who suffer from work injuries and need medical attention.

Our workers' compensation attorneys in Winston-Salem, Greensboro and Asheville recommend that employees stand up for their rights when cuts in the workplace endanger safety. The fact still remains that fatalities and injuries occur in the workplace. Providing a safe work environment in order to prevent workplace injuries in North Carolina is a company's responsibility -- and laws are in place to protect employees from retaliation when they bring dangerous working conditions to the attention of management or authorities.

The United States Department of Labor Bureau of Labor Statistics (BLS) recently released that the United States falls somewhere in the middle of the pack in an international comparison of hourly compensation costs in the manufacturing industry. It is estimated that for 2009, the U.S. hourly compensation costs was $33.53, an approximate increase of 4% from the previous year. In most cases, that 4 percent sure didn't go to employees, who continue to do more with less.

Twelve countries rose above the mark compared to the 20 countries that were below the U.S. hourly compensation rate (as covered by the BLS). Social insurance costs like retirement, health insurance, sick leave, and other insurance costs comprise about 24% of total compensation in the U.S. Compared to other countries, directly paid benefits like yearly bonuses, pay in kind and leave time make up a smaller portion of compensation costs in the U.S.

According to BLS, hourly compensation costs in the U.S are made up by the following costs in each category: $7.90 (social insurance) + $2.60 (directly-paid benefits) + $23.03 (pay for time worked) = $33.53

Though the reported social insurance costs are higher than the directly-paid benefits, employers are cutting corners to save on expenses incurred by the company. The problem is worker safety is not improving despite taking the benefits away. In 2009, North Carolina reported 125 workplace fatalities. Injuries on the job in North Carolina occurred at a rate of 3.1 per 100 full-time workers in 2009.

You may think it won't happen to you but if it does, know your rights by seeking legal advice.

Continue reading "North Carolina workers face safety issues even as big business seeks to reduce benefits" »

The construction industry now has a compliance guide to help small businesses with the new rule regarding how to operate cranes and derricks. Our North Carolina workers' compensation attorneys understand that these rules originated because there are too many injuries and fatalities occurring at construction sites operating derricks and cranes.

The Small Entity Compliance Guide for Cranes and Derricks as set forth by the United States Department of Labor Occupational Safety & Health Administration spells out how to comply with the new rules, published in August 2010.

"Over the past four decades, we've continued to see a significant number of worker injuries and deaths from electrocution, crushed-by and struck-by hazards while performing cranes and derricks operations," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This guide will help employers understand what they must do to protect their workers from these dangerous, sometimes fatal incidents."

The new guide is broken into chapters in correspondence to the new standards set forth by OSHA. Other tools that can be utilized on crane-related topics include a Webinar, Web chat transcript, PowerPoint display, fact sheets and frequently asked questions which are located on the agency's website.

The Cranes and Derricks in Construction Final Rule replaces the original standard set in 1971. The new rule addresses advances in equipment technology, as well as the number of deaths associated with cranes and derricks in the work place.

The following are key points that pertain to the newly revised rule:

-It is expected that the new standard will prevent approximately 20 deaths and 175 injuries each year at constructions sites using cranes and derricks.

-Employers must comply with local and state licensing requirements for operators.

-Operators must be trained and certified at the expense of their employer.

-Written tests for certification can be administered in any language that suits the operator taking the exam.

-Tower cranes must have a pre-erection inspection completed by the employer.

-A qualified rigger for rigging operations during assembly/disassembly must be utilized by the employer.

Cranes Today Magazine reported that ALL Crane hire company offered a training session in response the new OSHA standards. There were 70 employees in attendance which included crane operators, mechanics, shop personnel and maintenance workers. Those in attendance were trained on how to perform rigging equipment tests and how to rig a crane safely.

Continue reading "Crane and derrick compliance a critical work-safety issue in North Carolina" »

Combustible dust is a deadly fear for a variety of industries concerned about preventing North Carolina work injuries.

Our workers' compensation lawyers in Charlotte, Greensboro and elsewhere in the state find fire-related injuries at work one of the most serious mass-casualty threats. Serious burn injuries can be life-altering and too much smoke inhalation is another issue with long-term health implications.

According to United States Department of Labor Occupational Safety & Health Administration combustible dust is dangerous because its form is finely divided and can burn quickly. In some instances, if the dust is suspended in air at just the right concentration, it can explode. The force of explosions can destroy buildings leaving employees trapped. Explosions, over the course of several years, have killed, injured, or seriously scarred hundreds of people.

In a previous post on our North Carolina Workers' Compensation Lawyers Blog we reported about a recent fire accident at a Sherman Williams plant in Greensboro. It is believed vapor ignited causing burn injuries to the employee's arms and face.

The biggest problem with combustible dust is that many employees don't even know the hazard exists in their work environment. There are a number of materials that can form into combustible dust. These include: aluminum, magnesium, sugar, biosolids, plastics, coal, wood, certain textiles, paper, soap, and dried blood.

These kinds of materials are commonly found in a variety of industries. Industries subject to combustible dust explosion hazards are:

-Food (flour, starch, candy, sugar, spices) and grain

-Tobacco

-Plastics

-Wood and furniture

-Paper

-Rubber

-Textiles

-Pesticides

-Pharmaceuticals

-Coal

-Dyes

-Metals (aluminum, chromium, iron, magnesium, and zinc)

-Fossil fuel power generation

Employers need to make a conscious effort to keep employees safe from combustible dust hazards. One critical method of prevention is housekeeping, where the standards need to be set high. Routine checks of floor, overhead pipes and vents can be performed to help reduce the risk of an explosion.

Continue reading "Dust explosions are an extreme hazard for North Carolina workers" »

Slashing workers' compensations benefits has been a hot topic recently on our North Carolina Workers' Compensation Lawyers blog in the wake of OSHA celebrating 40 years of workplace safety and as America celebrates 100 years of workers' compensation.

Our North Carolina workers' compensation lawyers applaud the progress but realize that thousands of workers continue to be killed on the job. And we continue to monitor the insurance industries attempts to decrease benefits to seriously injured workers.

In 1971 The Occupational Safety and Health Administration (OSHA) was established to reduce workplace deaths and injuries. Prior to OSHA, 14,000 workers were killed on the job each year; recent statistics show workplace deaths are at 4,340. Today there are over 7.2 million jobsites, employing 130 million workers. Prior to OSHA, 11 out of 100 workers incurred a serious workplace illness or injury; today it's 3.6 out of 100.

OSHA highlights in the 1970's & 1980's included:

-Safety standards for Asbestos, Hearing Conservation, Construction Safety, Ground Fault Circuit Interrupter, 14 Carcinogens, Benzene, Farm workers, Diving, Protecting Meatpacking Workers, Testing Laboratories Regulations, Lead, Protecting Textile Workers, Excavation & Trenching, Protecting Grain Workers and OSHA Coverage for Federal Workers.

Progress from 1990 until today includes:

-Safety standards for Laboratory Safety, Protecting Healthcare Workers, Blood borne Pathogens, Steel Erection, Falls in General Industry, Confined Spaces, Stronger Asbestos Standard, Fatal Falls in Construction, Fire Protection for Shipyard Employment, Logging, Payment for Safety Equipment, and addressing fatal falls in the construction industry.

In a message from Assistant Secretary Dr. David Michaels about the future of OSHA, "OSHA remains committed to protecting workers from toxic chemicals and deadly safety hazards at work; ensuring that vulnerable workers in high-risk jobs have access to critical information and education about job hazards; and providing employers with vigorous compliance assistance to promote best practices that can save lives."

The workplace is safer than it was 40 years ago but employers still cut corners when it comes to safety. As the economy recovers, new hires need to make sure they receive the proper safety training to avoid a serious work injury.

Continue reading "Reaching workers' compensation milestones no time to slash benefits in North Carolina" »