North Carolina Workers' Compensation Lawyers Blog

Recently The Post and Courier reported on a mother's quest to pay tribute to her son who was killed on the job.

Our Carolina workers' compensation lawyers in Greenville, Spartanburg and Anderson understand the tragedy of losing a loved one while at work; a place that should be safe.

Her 18-year-old son was working part-time as a maritime pipefitter at the Detyens Shipyard back in December 2005. When she went to pick him up she knew something was terribly wrong. Numerous emergency vehicles were on scene, and she was told there had been an accident. While working on a military ship in a holding tank area, waste had been accidentally released. Her son was unable to escape the tank and was killed by the colorless, odorless toxic gas hydrogen sulfide produced by raw sewage.
Workers Memorial Day has been around for a long time but doesn't get much attention. April 28th was chosen because it is the date the Occupational Safety and Health Act (OSH Act) went into effect.

According to the U.S. Department of Labor, South Carolina had the following number of on the job fatal injuries. Work-related events included falls, transportation fatalities, equipment issues, exposure to harmful substances, assaults or other violent acts and fires and explosions.

Year / Total
2009 / 73
2008 / 87
2007 / 122
2006 / 95
2005 / 132
2004 / 113
2003 / 115
2002 / 107
2001 / 91
2000 / 115

The Centers for Disease Control and Prevention reports that in the U.S., an average of 16 workers die each day from work-related injuries and roughly 134 die from work-related diseases. Each day, approximately 11,200 private-sector workers suffer a nonfatal work-related illness or injury, which requires over half of them to transfer jobs, have work restrictions, or take time off from work.

Nearly 9,000 workers each day go to the emergency department for treatment of an occupational injury and almost 200 of these injured workers require hospitalization.

Continue reading "Workers Memorial Day on April 28th honors workers killed on the job in South Carolina, nationwide " »

A recently published document by the Occupational Safety and Health Administration (OSHA) will help protect shipyard workers from rigging dangers.

Our North Carolina workers' compensation lawyers in Asheville, Charlotte and Greensboro know the dangers involved in the shipyard industry. Protecting employees from electrocution, falls or other hazards should be a top priority of all employers.

Safety and Health Injury Prevention Sheet (SHIPS) on rigging highlights rigging hazards when working in a shipyard. Rigging work involves using cables and ropes to secure sections of ships and ship parts before hoists and cranes move them. It is extremely important that this work is done properly. Loads that are not rigged correctly can create hazards like amputation, electric shock, falls and the potential of being crushed by a falling object.

Sections in the SHIPS document illustrate how shipyard workers can be vulnerable to traumatic injuries. Cases are described of how workers were killed or injured while engaged in rigging work. Helpful pictures describe unsafe work practices and show how these practices can cause a worker to be injured or killed. Employers have a responsibility to follow the suggestions, which are made to correct unsafe conditions in preventing future accidents.

The following are shipyard hazards that can cause serious or fatal injuries:

Fall Hazards can be created by:
-Uneven, obstructed, wet and slippery work surfaces.
-Unprotected deck holes, sides and bulkhead openings more than 5 feet.
-Portable ladders being improperly used.

Crushing and Struck-by Hazards can be created by:
-Defective or improperly inspected gear and equipment.
-Moving equipment and parts.
-Improperly rigged loads.
-Loads swinging out of control due to improper use of tag lines.
-Loads suspended or swung overhead.
-Worker being caught between a fixed object and a swinging load.

Electrical Hazards can be created by:
-Energized lines too close to hoisting and hauling equipment.
-Improperly grounded tools and equipment.
-Frayed or worn electric cables and defective electrical tools.

"Far too many workers in shipyard employment have suffered severe injuries or have died from preventable hazards," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Employers who follow the guidance provided in this injury prevention sheet will create a safer, more healthful work environment for their workers."

SHIPS training information is reader friendly making it very useful to workers and employers. Mini-posters are included in the information for quick referencing. Additional OSHA maritime-related information materials can be found on the OSHA Maritime Industry web page. It offers maritime workers and employers assistance and information to help them comply with OSHA standards to make the workplace safer. Many links are available regarding safety and health topics, OSHA Maritime Outreach Training Program for employers and workers and maritime standards and compliance assistance.

Continue reading "Injuries caused by rigging a common danger for shipyard injuries in North Carolina" »

If you are involved in a North Carolina work accident in Charlotte or elsewhere, we urge you to hire experienced workers' compensation attorneys that will protect your rights. As this case illustrates North Carolina workers' compensation cases can be extremely complex.

After falling through a suspended ceiling and dropping over ten feet to a concrete floor, a welder and steel fabricator injured his back.

He returned to work about two months later after receiving occupational therapy and medical treatment. He had also been given a medical authorization to return to work. Medical expenses were paid for by his employer through workers' compensation benefits. During the following months his back discomfort persisted so he went to an orthopedic surgeon. It turns out the worker had bulging discs, extrusions and a herniation along his spine as revealed by two MRI's.

Due to the severe nature of his back injury and because he was unable to return to his job, the worker applied to the North Carolina Industrial Commission for additional benefits. The worker was awarded temporary total disability in addition to medical expenses because the Commission felt his ongoing back problems were from the original injury.

The Commission's decision was appealed by the workers employer based on a legal doctrine known as the Parsons presumption. A three-judge panel reviewed the case and concluded there was no previous ruling of a compensable injury by the Commission. The initial workers' compensation benefits proceedings had only involved medical expenses. The Parsons presumption is only valid if one of three things has occurred: the employer was found to be responsible for a compensable injury, the employer acknowledged to compensability, or the employer and worker made a deal regarding compensability.

The Appellate court cited, Biddix v. Rex Mills, a 1953 case, that acceptance of a claim on a medicals-only basis "cannot in any sense be deemed an admission of liability." Lacking the legal presumption, the court had to see if the worker's orthopedic surgeon had linked the original injury to the chronic symptoms that developed later.

Sufficient evidence did not support that the current symptoms were caused by the previous injury. The Appellate Court sided with the employer and reversed the disability decision by the Commission.

Continue reading "Workers' Compensation award reversed by North Carolina Appeals Court" »

Our North Carolina workers' compensation attorneys in Charlotte, Asheville and Winston-Salem hope you have contacted your representative and have given them an earful about the proposed Workers Compensation Reform Legislation. If this bill passes, big business will be the only winner and the losers will be taxpayers and injured Carolina workers.

The passage of this bill will do the following if you are injured at work:

-Insurance companies would have total control over what doctors you see. You could change to another doctor but you have to pick from others that the insurance company picks. And of course the insurance company has to give prior approval for everything the doctor does.

-Your privacy will go out the window. The defense lawyer and insurance company can talk to your doctor unbeknownst to you or your attorney.

-Your total disability benefits can be stopped if you "fail to cooperate" with your medical treatment plan. Who decides that you are being uncooperative? Correct, the insurance company. Did you know that missing a doctor's appointment can be viewed as being uncooperative?

-Permanent and total disability payments would be cut off at 500 weeks (with a few extreme exceptions). So that means the insurance companies are off the hook after 9 years but then Carolina taxpayers take on the expense via Medicaid, Medicare and Social Security. Imagine the family of 4 whose breadwinner is permanently disabled at age 30. At age 39 their benefits end, now what? Sadly, they will have to rely on the government for welfare, food stamps and medical care for the rest of their lives.

In a previous post on our North Carolina Workers' Compensation Lawyers Blog we noted that North Carolina has a favorable business climate because of its low workers' compensation premiums.

The current North Carolina workers' compensation system works well because it provides benefits to injured workers at a low cost to insurers and employers. It has been reported that North Carolina's average payment per claim is higher than 15 other states. North Carolina has fewer claims but the claims they have are for more severe injuries than other states. This is largely related to the way the state reports injuries.

It is unacceptable for North Carolina taxpayers to be burdened with taking care of injured workers. The system needs to be left alone and make the wealthy insurance companies do their job.

Continue reading "Battle over North Carolina Workers' Compensation Rights Continues" »

Spring time is construction time, so the Occupational Safety and Health Administration (OSHA) wants to remind residential construction employers how to prevent injuries and death to their workers.

OSHA issued a 22 page document called Fall Protection in Residential Construction to assist employers in how to prevent fall-related injuries and fatalities among their work force.

Our North Carolina workers' compensation lawyers in Charlotte, Greensboro and Asheville know that the leading cause of residential construction deaths is falls.

Employers need to guard against fall hazards on jobsites to prevent a North Carolina work injury.

At the end of last year, OSHA issued the Compliance Guidance for Residential Construction that required employers of residential construction workers to provide fall protection equipment to their workers in accordance with OSHA's Fall Protection in Construction standard. This new 22-page document will offer employers several methods to comply with the standards for preventing falls on the work site.

Methods to prevent falls include using safety nets, ladders, guardrails and scaffolds when engaged in weatherproofing a roof, installing roof sheathing and installing subfloors and walls. Also the use of anchors for fall restraints and personal fall arrest systems is illustrated.

"Fatalities from falls are the number one cause of workplace deaths in construction," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths."

Click here of OSHA's Residential Fall Protection Web page for additional information.

The following are a list of Fall prevention tips for workers:

-Know your employers fall prevention plan.
-Attend a fall prevention training session.
-Use the proper fall protection equipment for the job.
-Inspect all fall protection equipment before using.
-Cover all holes and openings with sturdy material.
-Make sure you are trained properly before working on scaffolds, ladders or lifts.
-Scaffolds should have full planking, proper access, guardrails and stable footing.
-When on a lift always be tied-off and maintain stable footing.
-Use the right ladder for the job; make sure it is in good condition and use the proper angle.
-Protect all skylights.
-Report fall hazards to your supervisor.

Continue reading "Construction Season Increases Risk of North Carolina Work Accidents" »

The Occupational Safety and Health Administration (OSHA), The Joint Commission and the National Institute for Occupational Safety and Health (NIOSH) want to remind health care and hospitals' employers that handling hazardous drugs without proper safety precautions can pose a serious health risk.

Our North Carolina workers' compensation lawyers in Hickory and elsewhere in the state know the long term effects of handling toxic material can be life changing. Employers need to be held accountable when proper training and protection is not provided and a North Carolina work illness occurs.

Risks of handling drugs used for hormone regimens, antiviral treatment and chemotherapy have possible severe, adverse and irreversible occupational health effects.

Even low level work-related exposures without proper precautions can cause reproductive and developmental problems, allergic reactions, cancer and more.

"Potent therapy drugs can have great benefit for patients when used in proper regimens, where doses are controlled and risks are minimized. But they can also have serious consequences to the workers who handle, dispense, mix, apply, and dispose of them without proper controls and training," said NIOSH Director John Howard, M.D. "We are pleased to join with our partners to remind hospital employers that protecting the health of their employees is vitally important."

It is vital that employers educate their employees on safe drug handling practices through training sessions or interventions. Awareness is the first step in keeping them away from danger.

"Substances that present a potential health hazard to workers must be included in an employer's hazard communication program, and it should be readily available and accessible to all including temporary workers, contractors, and trainees," said David Michaels, Ph.D., MPH, Assistant Secretary of Labor for OSHA. "We encourage employers to address safe drug handling by committing their management staff to taking a leadership role identifying and remediating hazards, offering employee training, and evaluating workplace injury and illness prevention programs for continuous improvement."

Employers need to always keep safety as a top priority in any organization. Taking a hands-off approach can lead to serious illnesses that workers may never heal from.

"Protecting employees from the risks associated with handling hazardous drugs is a critical ingredient in creating a culture of safety in a health care organization," said Paul M. Schyve, M.D., Senior Vice President Healthcare Improvement, The Joint Commission.

In a letter sent to hospital employers from OSHA, NIOSH and The Joint Commission their message was:

-Make management staff committed to taking a leading role in workplace health and safety.

-Have an open dialog with employees to help develop and offer training, identify and fix hazards and continually assess the hospital's illness and injury program for improvement.

Click here to see a list of hazardous drugs found in a NIOSH document, "NIOSH List of Antineoplastic and Other Hazardous Drugs in Healthcare Settings 2010".

Continue reading "Health Profession Presents Unique Risks of North Carolina Work Accidents" »

Our workers' compensation attorneys in Greensboro and Charlotte have been monitoring the recent benefits bill in North Carolina because it is so important. Big businesses are getting one step closer to getting their way in cutting workers' compensation benefits as they have the support of both the state Senate and House controlled by Republicans according to the Charlotte Observer.

In a previous post on our North Carolina Workers' Compensation Lawyers Blog we noted that our insurance premiums rate better than 22 other states at $2.12 per $100 of payroll. North Carolina premiums have actually plummeted by 15% over the last 3 years which is something most states don't have an opportunity to brag about. Having said that, big business is still trying to leave injured employees with minimal benefits in the wake of a North Carolina work injury.

The Observer reports that last week hundreds of people from unions, AARP members, and injured workers gathered at the General Assembly the day before the new workers' compensation bill was to be introduced. Under the current system, critics think that workers have an advantage and can stay home longer than necessary. They cite a recent study that indicated each claim in North Carolina costs about $42,000. The flip side is that employees who return to work too soon often get pushed into an undesirable job that pays much less and offers minimal benefits because they can't perform the duties of the job they used to hold.

The North Carolina Industrial Commission announced last month that the maximum weekly benefit for someone injured on the job is $836 per week as we reported on our North Carolina Workers' Compensation Lawyers Blog. Having said that, one of the biggest aims of the new proposed bill is to cap the length of time that injured workers can receive compensation. Life-changing and permanent damages from an injury suffered at work, under the new bill, will be tapped out at 500 weeks. The only exceptions would be under extreme measures like for instance, an employee who has both arms or legs amputated or severely paralyzed, loss of both eyes, or suffer from a severe brain injury.

If someone is 25 and gets severely injured, they have no Social Security disability or even retirement to fall back on under the capping law. Consequently the injured worker would suffer for a lifetime and possibly never return to work but would have no income once the 500 weeks are up following the injury.

Finding a middle ground may never happen because businesses are interested only in maximizing profits Injured workers need to continue to fight for their rights by seeking the help of experience legal counsel.

Continue reading "North Carolina Workers' Compensation benefits under attack" »

It was announced by The U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration that April has been designated as target="_blank">National Safe Digging Month.

Our North Carolina workers' compensation lawyers in Asheville, Greensboro and Charlotte know that, with spring, comes plenty of outdoor projects -- from planting trees to building a deck. Professional contractors are reminded that before doing any digging project remember to "Call Before You Dig".

8-1-1 is a new, federally-mandated national number created to help protect do it yourself homeowners and professionals from digging into underground utility lines. Don't make the foolish and potentially deadly mistake of not getting your utility lines marked before starting your digging project.

Never assume you know what is underground, even the smallest projects requires a call to 8-1-1. There could be multiple utility lines in a small area and the depth of utility lines varies a great deal. It is not worth the risk of injuries or death, fines and repair costs if you hit an underground utility line.

Who started the 811 campaign? Common Ground Alliance (CGA) was created to work with all industry stakeholders to ensure public safety and environmental protection and prevent damage to underground utility infrastructure.

CGA was officially formed in 2000 and represents an extension of the United States Department of Transportation's Common Ground Study. This study saw a need for one agency to constantly monitor and update best practices among the growing underground utility industry.

CGA and its 1,400 members and sponsors continue to increase public awareness about protecting America's massive underground infrastructure of cables, wires, conduits and pipelines.

How to call

It is simple, a few days before your project, call 8-1-1 from anywhere in the country. The call center operator will ask you what kind of project you are doing and where you are planning to dig. The call center will let your local utility companies know of your plans, and send someone out to mark your underground utility locations.

There are universal colors to mark underground utilities:

-Red: electric.

-Yellow: gas pipeline.

-Orange: communications, telephone, cable TV.

-Blue: potable water.

-Green: drainage/sewer.

-Purple: reclaimed water.

-White: intended excavation site.

Local "Call Before You Dig" information:
Click to view North Carolina 811 site.

Click to view South Carolina 811 site.

Continue reading " Workers Urged to Locate Utility Lines Before Digging to Avoid North Carolina Work Accident" »

Spirometry testing is part of two guidance documents from the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) for helping reduce workers exposure to respiratory hazards.

Our North Carolina workers' compensation lawyers know that employers need to be held accountable when the air workers breath is unhealthy. We have had many Greensboro workers' compensation clients who suffered the effects of poor air quality in the workplace.

A spirometer is used to measure how well your lungs function when you inhale and exhale. A spirometry test is a very useful tool in determining lung damage.
The new employer's document, OSHA-NIOSH Infosheet explains the benefit of spirometry testing to their employees. Monitoring employee's lung function can detect respiratory hazards in the workplace that need correcting. It can also alert employees to changes to their lung function.

OSHA-NIOSH Worker Infosheet, is the employees guidance document. It explains how important spirometry testing is in detecting changes in their lung function. Other information provided includes how the test is administered and how they are entitled to a copy and explanation of the test results.

"Spirometry is the best available test for early detection of decreasing or abnormal lung function," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Our joint effort with NIOSH in developing these products will help broaden outreach and enhance knowledge of preventive measures aimed at protecting worker health and safety."

The joint effort was a satisfying experience for NIOSH as well.

"We are pleased to join with OSHA in emphasizing the important role of spirometry in preventing costly, debilitating, and potentially fatal occupational lung diseases," said NIOSH Director John Howard, M.D. "These tests are a vital component of health and safety programs in workplaces where workers may be exposed to hazardous airborne contaminants."

OSHA recommends spirometry testing to discover workers being affected from exposure to flavorings, especially food flavorings containing diacetyl and diacetyl substitutes. Further information is available at Occupational Exposure to Flavoring Substances: Health Effects and Hazard Controls and Worker Alert on Diacetyl and Substitutes.

Continue reading "Spirometry can Detect Respiratory Work Injuries in North Carolina" »

As our Charlotte workers' compensation lawyers continue to report on our North Carolina Workers' Compensation Lawyers Blog, state lawmakers are moving to limit the rights of injured workers.

These are your elected lawmakers. Instead of protecting your benefits, they are moving to hand big business more profits by reducing your rights to collect damages in the event that you suffer a North Carolina work accident.

Below is a copy of a letter sent by Lee & Smith attorneys. We encourage you to send your own letter to your lawmaker. You never know when it will be you or someone you love who needs to protections afforded by North Carolina's workers' compensation laws.

RE: House Bill 709 and Your Workers' Compensation Claim

Dear:

The TERRIBLE proposed Bill reducing your workers' compensation benefits has been filed as House Bill 709.

If this bill becomes law, it will:

(1) Take away your right to choose your own physician, even if you want to pay for the doctor yourself, and take away your right to ask the Industrial Commission to approve a treating physician of your own choice;

(2) Take away all medical privacy rights by allowing the insurance company (and the insurance company=s attorney) to talk to your doctors without your prior knowledge or consent;

(3) Let the insurance company cut off your compensation based on the claim that you aren=t cooperating with the doctors they selected;

(4) Cut off compensation after 500 weeks without regard to whether you have any wage-earning capacity, and even if you can NOT return to work;

(5) Require you to take any job within your restrictions, even when the pay is minimum wage; and

(6) Except for the most extreme injuries, rights to medical compensation, including prescription medication, will be cut off at 500 weeks past your injury.

Also of great concern are House Bill 542 and Senate Bill 33, which strip away an injured
person's rights if they are injured by Medical Malpractice, Defective Products, and even
reduce potential recoveries for other injuries, including car wreck claims.
Here is the contact information for your State House Representative and State Senator:

State House Representative: State Senator:

Name: Name:
N.C. House of Representatives N.C. Senate
Address: Address:

Phone: (919) Phone: (919)
email address email address

Please write, email and call your State Representative and Senator today. No one is going to carry the ball for you on this matter. These elected representatives must hear from the people they represent. That means you. I believe a letter is more effective than an email. If you email your representative, please also send a print-out of the email through the mail.

We also suggest that you contact the Governor=s Office to express your concern that the State Legislature proposes to greatly reduce rights of the citizens and workers of North Carolina. Her office contact information is: Beverly Perdue, Office of the Governor, Constituent Services Office, 116 West Jones Street, Raleigh, North Carolina 27603, Phone: (800) 662-7952, e-mail address is governor.office@nc.gov .

It is URGENT that you take a few minutes RIGHT NOW to write these elected officials to express your objections to this proposed new law.

Thank you for your attention to this VERY IMPORTANT matter.

Yours truly,

LAW OFFICES of LEE & SMITH, P.A.

Attorney

Continue reading "North Carolina Workers' Compensation Lawyers Pressure Lawmakers over Bad Work Accident Reforms" »

Fines against Wal-Mart Stores Inc.have been upheld after the Occupation Safety & Health Administration cited the company for inadequate crowd control, that led to a trampling death of an employee in 2008.

Our personal injury lawyers in Hickory, Greensboro and Gastonia have touched on this topic before on our North Carolina Personal Injury Lawyers Blog. Business owners have the responsibility to keep guests and employees safe in order to prevent a premise liability accident in North Carolina.

"Today's ruling supports OSHA's position that, even in the absence of a specific rule or standard, employers are still legally responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death. If not properly managed by retailers, a large crowd poses a significant threat to the lives of workers and customers," said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels.

OSHA concluded its investigation in May 2009 and cited Wal-Mart Stores Inc. for failing to provide adequate crowd management, when an employee was pushed to the ground and crushed to death on Nov. 28, 2008 at a Valley Stream, N.Y. Wal-Mart. Investigators found that the store lacked effective and reasonable crowd management practices, which would have trained the staff on how to handle a large crowd. This tragedy occurred when a crowd of over 2,000 shoppers pushed through the doors for the "Blitz Friday" holiday shopping event.

Wal-Mart Stores Inc. was issued one serious citation for exposing employees to the recognized hazards of being crushed by a crowd or asphyxiation. The proposed fine was $7,000, the most allowed by law for a serious violation. Wal-Mart Stores Inc. disputed the violation and brought it to the OSHRC, which makes a final decision on contested fines and violations.

"During the course of OSHA's investigation, the company implemented crowd control measures storewide, and the National Retail Federation also promoted those practices to its members," said Michaels. "We praise that action, and urge all retailers to implement crowd management practices ahead of future sales events likely to draw large crowds."

OSHA provides further information about crowd management here.

Continue reading "Wal-Mart Cited for Fatal Work Accident blamed on Lack of Crowd Control" »

FOX Carolina recently reported on a roof collapse that injured four workers on the job.

Our North Carolina workers' compensation lawyers in Asheville, Greensboro and Charlotte know that falls at construction sites can cause life changing injuries and even death. Employers need a concerted effort to protect their workers from fall hazards to reduce the risks of a North Carolina work injury.

An Asheville church construction site was the scene of the accident that sent four workers to the hospital; two were treated and released while two others are reported in serious condition.

It appears that the accident occurred when the roof trusses gave way and crashed onto the workers below. Three of the men were directly under the collapsed area while the fourth was nearby.

According to the Occupational Safety and Health Administration (OSHA) construction workers are exposed to any number of potential hazards. Fall hazards would certainly be at the top of the list. Falls account for 1 out of every 3 construction-related deaths each year. And falls are the leading cause of death at construction job sites.

Even though there are several methods available to prevent falls, the number of construction workers dying in falls has increased in recent years. The 2007 data from the Bureau of Labor Statistics (BLS) indicate that 442 workers plunged to their deaths in 2007. This number represents falls from all causes. BLS reports that 686 construction workers were killed from roof falls from 2003 to 2007.

Fall prevention tips:

-Before work starts identify any potential fall and tripping hazards.

-Look for any floor openings, stairwells, shafts, skylights and roof openings that could be a fall hazard.

-Prior to using, inspect fall protection equipment for defects.

-Always use the appropriate fall protection equipment for the task.

-Make sure ladders are secure and stable before climbing them.

-Do not stand on the top rung/step of a ladder.

-Handrails should be used when going up or down stairs.

-Keep cords and hoses coiled when not in use and keep them out of the way as much as possible to avoid a tripping hazard.

Continue reading "Carolina Work Accident Injuries Construction Workers when Church Roof Collapses" »