North Carolina Workers' Compensation Lawyers Blog

Our Gastonia workers' compensation lawyers recently published a blog about the key findings of the U.S. Department of Labor's Bureau of Labor Statistics (BLS) 2010 workplace illness and injury report.

What we found so interesting in these findings was the fact that healthcare and social service workers were injured more than workers in construction and manufacturing. We touch on this subject briefly on our North Carolina Workers' Compensation Blog regarding assaults in the workplace.

It is hard to believe that working in a nursing home can cause more injuries than working at a construction site but 2010 labor statistics provide data to support the notion. Think about the daily lifting and moving that needs to be done for patients, which includes getting them in and out of bed, lifting them into wheelchairs, assisting them with bathing and using the bathroom. It can be back breaking work. Exposure to infectious agents and body fluids is also a risk that healthcare personnel face regularly.

According to BLS, the residential care and nursing subsector employs over 3 million workers nationwide. In the 2010 illness and injury report, nursing home workers were injured at a rate of 8.6/100 full-time workers. This amount is two times the occurrence rate of all private sector employees.

By comparison coal miners get injured at a rate of 5.6, building construction workers at 3.5 and workers in tire manufacturing at 4.8.

Nursing care facility workers that require time off from work, a job transfer or limited duty occurs at a rate of 5.6/100 full-time workers. The three previously mentioned areas coal mining, tire manufacturing and building construction had rates of 3.7, 1.7 and 3.3 respectively.

It is interesting that health care and social assistance and manufacturing have the same time off from work, job transfer or limited duty rate of 2.4/100 full-time workers. The construction sector as a whole has a rate of 2.1/100 full-time workers. Yet inspections in the health care and social assistance sector are few and far between. About 17.1 million people work in manufacturing and construction jobs and their workplaces got 78 percent of OSHA's inspections. The social assistance and health care industry has at least 16 million workers and receives under 2 percent of OSHA's inspections.

In the OSHA press release regarding the BLS statistics, Labor Secretary Hilda Solis said she was concerned about injured healthcare workers and vowed to do more to decrease their risks. We hope this includes more inspection of these facilities.

Just last month we posted on our North Carolina Workers' Compensation Blog about OSHA's SST program which targets, for inspection, hazardous work environments based on high injury rates. Just to be considered for an inspection, nursing homes have to have a time off from work, job transfer or limited duty rate of 16/100 full-time workers. In 2010, 175 nursing homes were inspected under this program, which is .6 percent of all OSHA inspections.

Continue reading "Workers in Construction, Healthcare, at High Risk of North Carolina Work Accidents" »

The U.S. Department of Labor's Bureau of Labor Statistics (BLS) recently announced findings regarding 2010's workplace illnesses and injuries.

North Carolina workers' compensation lawyers in Asheville and throughout the state are pleased to see a slight decline but continue to be concerned that almost 3.1 million workers in the private sector who reported workplace illnesses and injuries last year.

Key results on the Survey of Occupational Illnesses and Injuries for 2010 include:

-Occurrence rates for illnesses and injuries together with private industry establishments decreased considerably in 2010 for total recordable cases and for other recordable cases.

-Manufacturing saw an increase in the occurrence rate of illnesses and injuries in 2010 with increases to 4.4 cases per 100 full-time workers. In 2009, the statistic was 4.3 cases/100 full-time workers.

-A decline of 0.3 cases down to a total of 4.0 per 100 full-time workers in the private construction industry sector was seen in 2010.

-The social assistance and health care sector saw a decrease in occurrence rate of illnesses and injuries from 5.4 to 5.2 cases/100 full-time workers in 2010. The Department of Labor did note the social assistance and health care sector had the most injured workers of any sector including manufacturing and construction.

-For the national public sector which includes at least 18.4 million local and state government employees reports an occurrence rate of 5.7 cases per 100 full-time workers in 2010, basically unaffected from 2009. For local government employees the illness and injury rate was 6.1 cases/100 workers which was considerably higher than federal and state employees.

An OSHA representative was pleased with the decrease in workplace illnesses and injuries and appreciates the efforts of unions, businesses, governments and other organizations. All workers deserve a safe working environment in order to earn a living.

Alarm was expressed regarding illnesses and injuries to social assistance and health care workers surpassing those workers in manufacturing and construction. Greater emphasis will be placed by the Department of Labor's Occupational Safety and Health Administration in working with employees, unions and employers in this industry to decrease these risks.

Public sector workers illness and injury rate remains distressingly high at 5.7 cases/100 workers, this rate is more than 60 percent greater than the rate for the private sector. More effort needs to be made by local and state governments to keep our public workers safe. OSHA acknowledges that accurate record keeping of injuries and illnesses is paramount in identifying hazards in the work environment.

OSHA's Recordkeeping Standard requires employers to maintain and prepare records associated with occupational illnesses and injuries. There are three essential forms that employers must use in order to be compliant:

-Form 300 is basically an incident log. It has columns that classify work-related illnesses and injuries and needed information includes the degree and severity of those items.

-Form 300A is a statistical summary of occurrences for a particular location. The information is displayed for employees to view each year from February 1 to April 30.

-Form 301 is the first form needed when an illness or injury occurs. It describes what happened in detail and has contact information for the doctor or other health care provider.

If you or someone you know has been injured in a work-related accident in North or South Carolina, contact the Lee Law Offices, P.A. for help with your case. Call 1-800-887-1965 for a free initial consultation to discuss your rights today.

More Blog Entries:
Work Site Safety Inspections Important in Reducing Work Injuries in Charlotte, Asheville, North Carolina Workers' Compensation Lawyers Blog, September 27, 2011.


Trench Safety at Work Can Reduce the Number of Employee Injuries and Deaths at North Carolina Construction Sites, North Carolina Workers' Compensation Lawyers Blog, October 16, 2011.


Transportation Incidents a Common Cause of Fatal Work Injuries in North Carolina, North Carolina Workers' Compensation Lawyers Blog, September 19, 2011.

Recently the Occupational Safety and Health Administration (OSHA) announced the release of revised informational material that clarifies employers' and workers' rights. The material also contains information on how employers can protect their workers from dangers in the general, maritime and construction industries.

Our North Carolina workers' compensation lawyers in Charlotte and elsewhere found the Workers' Rights booklet most informative. More specifically, the section that included what employers MUST do is helpful to employees who want to know more about their rights and privileges at work. Some of them include:

-Alert workers regarding hazards in the workplace through various means including labels, color-coded systems, training, alarms and chemical information sheets.
-Train workers in a language they can comprehend.
-Maintain accurate records pertaining to all work-related illnesses and injuries.
-Perform all tests required by OSHA in the work environment, like air sampling.
-Provide hearing or other medical exams required by OSHA.
-Display OSHA citations and illness and injury data where employees can view them.
-Inform OSHA within 8 hours of a workplace death or if three or more employees are hospitalized.
-Post the official OSHA poster prominently so that workers can read the responsibilities and rights under the OSH Act.

Here's a look at some of the other revised and new OSHA material:

Small Entity Compliance Guide for Respiratory Protection Standard offers small businesses a step-by-step guide that will assist both employers and workers to establish and execute a respiratory protection program. Businesses are required to have a respiratory protection program if their employees:

-Work in area where the oxygen levels are inadequate or potentially inadequate.
-Are possibly exposed to dangerous levels of hazardous vapors or gases.
-Are exposed to other respiratory dangers like mists, sprays, airborne biological hazards, dusts, fumes, and other airborne elements.

Employer Rights and Responsibilities explains what occurs following an inspection. If an employer is cited for a violation, the OSHA compliance safety officer must discuss:
-What the violation is.
-What you can do to correct the circumstances causing the violation.
-When the corrections need to be completed.
-What, if any, penalties were imposed.

Additional materials from OSHA include:
-Aerial Lift Fall Protection Over Water in Shipyards and Aerial Lifts Protect Yourself both illustrate the safety measures necessary to protect workers from electrocutions, collapses and falls which are all common causes of workplace fatalities.

-Permit-Required Confined Spaces in General Industry defines what a permit-required confined space is and what workers need to do before going into a confined space like a tank, silo, underground vault, manhole or storage bin.

Other OSHA publications that we have written about on our North Carolina Workers' Compensation blog include:

-Laboratory Safety which discussed how lab managers can protect their technicians from exposure to dangerous biological, chemical and physical hazards.

-Trench Safety which highlighted the deadly work of excavation leading to an average loss of 2 workers a month in trench collapses.

-Nail Gun Safety is paramount considering it is the tool of choice in the construction industry.

-Heat-related illness focused on the dangers of working in extreme temperatures and its deadly consequences.

Go to OSHA's Publications site to order your free copies of this valuable information.

If you or a family member has suffered any kind of workplace illness or injury, contact the Lee Law Offices, P.A. today for help and a free and confidential appointment to discuss your case. Call 1-800-887-1965.

More Blog Entries:

North Carolina Workers' Compensation System Detailed by Experienced Workers' Comp Law Firm, North Carolina Workers' Compensation Lawyers Blog, October 4, 2011.


Employee Hearing Loss Often a Concern at Noisy Job Sites Using Loud Machinery in Greensboro, Elsewhere, North Carolina Workers' Compensation Lawyers Blog, October 15, 2011.

At this time of year we would like to remind employers to be proactive when it comes to flu prevention in the workplace. Catching the flu at work and bringing it into households with young children, elderly residents and those with compromised immune systems can be troublesome.

Our North Carolina workers' compensation lawyers in Gastonia and elsewhere understand that this year's flu vaccine will protect you against three influenza viruses: A (H1N1), A (H3N2) and influenza B virus. Three types of flu include:

Seasonal influenza

This is a respiratory illness outbreak in the U.S., usually occurring in the fall and winter. Outbreaks are usually limited, and many people have immunity to the particular virus strain. To prepare for the flu season a vaccine is made in advance to match the particular strain.

Pandemic influenza

This is an outbreak of a new virus strain that happens worldwide that can be passed from person to person. In the early stages of an influenza pandemic, few people will have a natural immunity to the new strain. This leads to more people getting sick, thus increasing the spread of the virus. Since it is a new strain there may not be a vaccine or if there is, there will be limited availability for many months. Currently there is no influenza pandemic but it is feared that it is only a matter of time before the next one occurs. The severity of it is unpredictable and could be anything from a bad flu season to a catastrophic influenza pandemic that could lead to vast numbers of sick people and fatalities, economic loss and social disruption. The 2009 pandemic flu was deemed mild by the CDC but it exposed many issues in the workplace that employers were not ready for.

Avian influenza (AI)

Bird flu is a virus that infects domestic poultry and wild birds and varies in its form. The virus is grouped by low pathogenic and highly pathogenic strains. Low pathogenic naturally occurs in wild birds and can extend to domestic birds. It causes very mild or no symptoms in the birds and has no effect on humans. The low pathogenic strain can lead to the highly pathogenic strain which can result in rapid spreading and death to the birds. The H5N1 strain can be spread to humans.

How employers can minimize the risk of spreading pandemic flu in the workplace:

-Advise ill workers to stay home.

-Instruct workers to frequently wash their hands and try to not touch their eyes, mouth and nose.

-Advise workers to sneeze or cough into their sleeve and they should wash their hands after blowing their nose, sneezing or coughing.

-Supply the public and customers with trash cans, tissues and an area to disinfect or wash their hands.

-All work surfaces, computer equipment, telephones and other repeatedly touched items and surfaces should be cleaned with an Environmental Protection Agency (EPA) approved disinfectant.

-Discourage your workers from using other worker's equipment and work area.

-Cancel group outings and avoid unnecessary meetings.

-Promoting a healthy lifestyle will increase the body's immune system to fight off the flu. Programs should include exercise, smoking cessation and good nutrition.

-Workers should avoid contact with other workers when possible. It is recommended to maintain a separation of at least 6 feet.

Continue reading "Influenza a Common Gastonia Work Illness as Seasons Change in North Carolina" »

Tenneco Automotive Operating Company's manufacturing facility located in neighboring Georgia has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 20 health and safety violations. Many of the violations involve hexavalent chromium exposure. The proposed monetary penalty is $90,000.

Our North Carolina workers' compensation lawyers in Greensboro know that exposure to hexavalent chromium can cause damage to the lungs, nose and throat and have lifelong effects on a worker's quality of life.

Hexavalent chromium is a metallic form of chromium that is a naturally occurring element found in various objects like soil, plants, rocks, volcanic dust and gases. There are many industrial applications that use hexavalent chromium including leather processing, welding stainless steel, arc welding, painting, electroplating, grinding stainless steel, textile dying, wood preservation and chrome finishing.

A spokesperson for OSHA commented that violations regarding hexavalent chromium exposure are inexcusable due to the abundance of information available to employers.

In May 2010, OSHA started enforcing new standards for hexavalent chromium, which require engineering controls for anyone working with hexavalent chromium. The most important change in the new standard involves workers' exposure limit. The old standard had an exposure limit of 52 micrograms per cubic meter on an 8-hour time-weighted average. The new standard has an exposure limit (PEL) of 5 micrograms per cubic meter. It is vital to limit employee exposure limits because hexavalent chromium is a known carcinogen when inhaled.

Safety equipment needed to protect workers from hexavalent chromium can include respirators, fume extractors, goggles and safety clothing. It is recommended that employers have a separate area for employees to store and change their protective clothing and provide them access to a clean air supply before leaving the workplace

Seventeen serious violations were cited. Serious violations are defined as those with a significant probability that a worker could die or become seriously ill or injured from the hazard that the employer knew or should have been aware. Seven of these violations involved hexavalent chromium including:

-Failing to avoid exposure above OSHA's allowed exposure limits.

-Not having a plan on how to limit exposure time.

-Not giving workers a separate storage/changing area for personal protective equipment.

-Failing to discuss with a doctor about chromium exposures.

-Not having an eyewash area.

-Not providing clean work area surfaces free from chromium particles.

-Not providing sealed containers for disposal of waste.

The other serious violations involved entering confined spaces, lockout/tag-out procedures and lack of safety guards and covers on machines and electric panels.

Violations that resulted in no financial penalty included a lack of confined space training, improper mounting of switch boxes and outlets, and a blocked electrical disconnect.

For more information on hexavalent chromium , visit OSHA's website.

Continue reading "North Carolina Welders Exposed to Hexavalent Chromium at Risk of Nose, Throat and Lung Damage" »

The Occupational Safety and Health Administration (OSHA) recently released new educational materials designed to assist lab managers in protecting workers from biological and chemical exposures.

Our North Carolina workers' compensation lawyers in Charlotte know that working in a lab is a dangerous place for the more than 500,000 workers in the U.S.

Part of the new material includes the Laboratory Safety Guidance manual, which goes into great detail on how to eliminate or reduce hazards like fires, falls and explosions. The manual explains if employers use methods such as the use of personal protective equipment, engineering controls, safety plans and worker training, workplace hazards can be significantly reduced. Fact sheets were designed to spotlight particular hazards related to the laboratory workplace. Precautions and protocols to protect lab workers include safety guidelines for working with autoclaves, latex exposure, using a chemical fume hoods and transferring and labeling chemicals.

During the past few years there have been quite a few labs where workers died or were injured from equipment, explosions and fires. A spokesperson for OSHA acknowledges that lab workers are exposed to numerous hazards throughout their work day. Creating these materials is an effort to further educate employers to make the laboratory environment as safe and as healthy as possible.

OSHA worked with the National Academies on writing this new educational material. Their manual Prudent Practices in the Laboratory is considered the gold standard regarding dealing with chemical hazards.

Here is some QuickFact card info:

-Permanent Container Labels

All hazardous substances must be in a container that must have the following on the label: the manufacturer name and address, the chemicals name, a hazard warning that can be in the form of words, symbols or pictures, and the label must be legibly written in English.

-Transferring Container Labels

A label (as described above) must be placed on any secondary container if: the worker who transferred the chemical to the secondary container goes off shift or leaves his or her work area or the container leaves its original work area. The only time a secondary container doesn't need a label is when the person who did the transfer uses up all the chemicals in the secondary container during a work shift.

-Autoclaves

To avoid injuries when using autoclaves make sure the door is locked before starting, don't remove items until they are cool or use an oven mitt. Don't handle the sharp ends of instruments unless you are wearing steel mesh gloves or using forceps or other tool.

-Latex

If you experience any of the following you might be allergic to latex: rash, difficulty breathing, wheezing or irritation to the sinuses, nose and eyes. Using latex-free gloves is best if you develop these symptoms.

For additional information on laboratory standards, visit OSHA's website .

Continue reading "Charlotte Lab Workers in Danger of Daily Exposure to Hazardous Chemicals or Toxins " »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently released new educational material to help educate employers and workers on working safely in and around trenches.

Our North Carolina workers' compensation lawyers in Asheville and elsewhere know that in the construction industry, unprotected trenches kill a significant number of workers every year. In fact, since 2003 there have been hundreds of workers seriously injured in trench cave-ins and at least 200 fatalities.

A spokesperson for OSHA said the three guidance documents came from a growing concern about repeated violations regarding trench safety by employers. These documents provide a step by step approach that employers can follow in order to protect their workers. Trench cave-ins are totally preventable, no worker should suffer the fate of being crushed to death or buried alive due to an unprotected trench.

Let's take a closer look at the 3 new guidance publications:

Trenching and Excavation fact sheet reminds us that two workers die every month from a trench collapse in the United States. Any trench that is deeper than 4 feet must have some safe device for the workers to get in and out. These devices can be ladders, ramps or steps and they have to be located near the workers (within 25 feet). Trenches deeper than 5 feet must have some form of protective safety system. Trenches that are deeper than 20 feet need to have a professional engineer design the protective system. The document reviews the four different protective systems: benching, sloping, shoring and shielding.

Working Safely in Trenches is written in both English and Spanish and shows diagrams of the different cave-in protection methods. It mentions that materials used for shoring a trench can be beams, planks, hydraulic jacks and posts. And a trench box is used for the shielding method of trench protection. The document reminds workers that no equipment or excavation debris should be within 2 feet of the trenches edge. The top of ladders used in the trenches should stick out above the trench at least 3 feet. Trenches must be inspected daily especially if there has been a change in weather.

The Do Not Enter an Unprotected Trench poster shows the shocking image of two workers in an unprotected trench with the caption "An Unprotected Trench is an Early Grave." It also includes the fact that a cubic yard of dirt can weigh as much as a car.

Due to the severity of trenching hazards, OSHA performs a Special Emphasis Program on Trenching and Excavations. This program entitles compliance officers to inspect any trench they come across and remove workers from unprotected trenches immediately. Recently this happened on two different sites just prior to the trenches collapsing.

Continue reading "Trench Safety at Work Can Reduce the Number of Employee Injuries and Deaths at North Carolina Construction Sites " »

In a recent press release, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced they will host a stakeholder meeting to gather suggestions and comments on prevention of occupational hearing loss. The meeting is set for November 3, 2011, from 9 a.m. to 1 p.m. in Washington, D.C. at the Frances Perkins Building. OSHA wants to obtain information from stakeholders regarding feasible engineering controls, personal protective equipment and hearing conservation programs.

Our North Carolina workers' compensation lawyers in Greensboro understand that more than 20,000 employees a year suffer preventable work-related hearing loss and something needs to be done to reduce these types of injuries occurring on the job.

Back in January we posted on our North Carolina Workers' Compensation Blog regarding OSHA's launching an outreach, consultation and educational plan on reducing hearing loss in the workplace.

Part of the plan included OSHA's commitment to having this stakeholder meeting to obtain the opinions and views of noise control experts, workers, public health professionals and employers. It is reported that roughly 30 million people in the U.S. are exposed to dangerous noise levels in the workplace. For over 25 years noise-related hearing loss has been among the most common occupational health worries in the U.S. Every year thousands of workers experience occupational hearing loss from high noise levels in the workplace.

The Bureau of Labor Statistics (BLS) has reported since 2004, that almost 125,000 workers have experienced considerable or permanent hearing loss. According to BLS, there were over 21,000 additional cases in 2009 alone. Being repeatedly exposed to extreme noise levels causes permanent hearing loss that can not be corrected with surgery or hearing aids. Being exposed to a loud noise for a short time can cause tinnitus (ringing in your ears) or cause your ears to feel clogged. After some time your ears will go back to feeling normal. With prolonged exposure these symptoms don't go away. Some clues your work environment may be too loud is if you experience humming or ringing in your ears after your shift is over, while at work you have to shout at co-workers that are standing close by and after leaving work you experience a temporary hearing loss.

What can reduce harmful noise levels in the workplace?

-Engineering controls: use low-noise machinery and tools, keep equipment and machinery well lubricated, place curtains or sound walls between workers and the noise source, isolate or enclose the noise source.

-Administrative controls: use noisy equipment and machinery during times with the fewest workers, workers should have limits on how long they can be in a noisy area, have quiet/sound proof areas for workers, restrict noise areas to only those workers that have to be there, all others should stay away.

If you are interested in attending this meeting you can call 781-674-7374 or go online to register or send a fax, with the following information: contact information, stakeholder's name and company or organization name to 781-674-7200.

If you have experienced a hearing loss due to your workplace surroundings or are dealing with a disability or workers' compensation claim, call the Lee Law Offices, P.A. now for a free and confidential appointment to discuss your case. Call 1-800-887-1965.

More Blog Entries:
Fewer Willful Violation Citations in North Carolina Leads to High Rate of Workplace Injuries in Unsafe Work Environments, North Carolina Workers' Compensation Lawyers Blog, September 15, 2011.


Experienced North Carolina Law Firm Can Help with Complicated Workers' Compensation Claims in North Carolina, South Carolina, North Carolina Workers' Compensation Lawyers Blog, September 12, 2011.

As the school year gets underway many teens will be getting jobs or seeking holiday employment. Our Gastonia workers' compensation lawyers need you to know that employers have a special obligation and must obey strict rules when employing young workers.

Sadly, almost 50 teens a year die from injuries suffered at work. Recently on our North Carolina Workers' Compensation Blog we went over the changes to the Child Labor Regulations.

Let's do a quick recap of some youth employment rules:

-Anyone employing a youth under 18 must get from them a Youth Employment Certificate (YEC). You can retrieve a YEC online .

-An employer must keep the youth's YEC and produce it if asked by any person authorized to investigate a youth employment issue.

-An employer must keep the YEC even after the youth leaves for at least two years.

Hour Limitations for 14- and 15-year-olds:

-Teens are limited to 3 hours per day while school is in session and no more than eight hours per day when school is not in session.

-They can only work between 7:00 a.m. and 7:00 p.m. when school is in session and until 9:00 p.m. from June 1 thru Labor Day when school is not in session.

-A maximum work week is 18 hours when school is in session or 40 hours when school is not in session.

-They can't work during school hours.

-After 5 consecutive hours worked they must get a 30-minute break.

In addition, 16 and 17-year-olds during the school year can't work between 11:00 pm and 5:00 am when there is school the next day unless written permission from the teens principal and parents is obtained by the employer. They also cannot work in hazardous/detrimental occupations as listed in Part 570 subpart E of Hazardous Occupations 29.

Here's a short quiz every young person should take about workplace safety and health and workers' rights.

-True or False? It's the law that your employer gives you training about safety and health hazards on your job.

True. Before starting your new job you should get training on how to do it safely. Training about dangerous chemicals and other safety and health issues at your workplace is a requirement by the Occupational Safety and Health Administration (OSHA).

-True or False? If you are under 16 there is a law that sets limits on how late you can work on a school night.

True. On a school night 14 and 15 year olds can only work until 7pm. Young workers ages 16 and 17 years-old in some states also have limitations on how late they can work. Child labor laws are designed to protect teens from working too long, too early, or too late.

-True or False? Can you drive a car on public roads if you are 16 years old as part of your employment.

False. 16 year-olds cannot drive on public roads; even 17 year olds have limitations. Teens who are 16 may not drive a car or truck on public streets as part of their job. A few states don't allow anyone under 18 to drive as part of their job.

-True or False? If you get hurt at work your medical care must be paid by your employer.
True. The law requires that your employer must supply workers' compensation benefits.

-How many teens get injured at the workplace in the U.S., one per day or one per hour or one every 10 minutes?
One every 10 minutes. At least 53,000 teens every year go to the emergency room for treatment due to a workplace injury. It is estimated that only one-third of teens injured at work need treatment, which means more than 100,000 additional teens are injured but don't go to the hospital.

This quiz is part of Youth @ Work-Talking Safety a curriculum designed to raise awareness among teens about occupational health and safety and give them the basic skills and knowledge needed to become active contributors in creating a safe and healthy workplace environment.

Continue reading "North Carolina Employers Required to Provide Training to Reduce Teen Injuries Occurring at Work in Gastonia, Asheville" »

Recently, the Occupational Safety and Health Administration (OSHA) announced in a press release its joint effort with the National Institute for Occupational Safety and Health (NIOSH) in developing new guidelines for preventing nail gun injuries for those working in the construction industry.

Our North Carolina workers' compensation lawyers in Charlotte are aware that injuries from nail guns send about 37,000 workers to the hospital annually. If not used properly, nail guns can inflict fatal injuries.

Using a nail gun is a daily occurrence for residential construction workers. This tool is not hard to operate; all it takes is a pull of the trigger to discharge the nail. Most often an injury happens to the hand, inflicting structural damage to bones, joints, tendons and nerves 25 percent of the time. There have also been reports of these accidents at work causing paralysis, brain damage and blindness.

The Nail Gun Safety - A Guide for Construction Contractors has helpful information about all types of nail guns, but pays particular attention to framing nail guns because they are the most dangerous and use the biggest nails.

The most important safety feature on a nail gun is its trigger. The full sequential trigger is the safest one to have. The only way this nail gun will fire is if the safety contact tip is against the work surface and then the trigger is pulled in that order only. To fire multiple nails the safety contact tip and the trigger both must be release. This is the only trigger out of a total of four, the others being contact, single actuation and single sequential, that requires releasing both the trigger and safety contact tip in order to discharge multiple nails.

The guide reviews the risk factors that most contribute to nail gun injuries: unintended double fires or unintended nail fires when the safety contact tip is accidentally hit while the trigger is pulled, nails that pass through or ricochet off work pieces, nails that totally miss their intended target, nailing in an awkward position and bypassing safety features.

How to avoid potentially devastating nail gun injuries:
-Read the owner's manual that comes with any nail gun prior to its use.
-Wearing safety goggles/glasses are a must.
-Never touch the trigger until you are ready to fire.
-Keep co-workers out of the line of fire.
-Treat a nail gun as you would a hand gun, never point it at anyone.
-Prior to clearing a jam always disconnect the air hose.
-Make sure the safety contact tip is against the work piece prior to firing the nail gun.
-Never use bottled gas for a compressed air nail gun and never exceed the air pressure needed for the gun.
-Make sure your hands are away from the discharge tip.
-Never use the gun around flammable material.
-Nail sheathing from top to bottom in a vertical position.
-When nailing roof sheathing move from the eaves to the ridge to prevent a potential fall hazard.
-Always move forward, never backward, when nailing flat areas.
-When working above others make sure to secure the hose so the weight of it doesn't pull the nail gun down potentially hitting workers below.

Continue reading "Nail Guns a Dangerous Tool Used at North Carolina Construction Sites Injuring Workers on the Job" »

A Lowe's employee was shot and killed while working at her cash register. What makes this event even more tragic was the gunman was her husband.

Our North Carolina workers' compensation lawyers in Hickory and elsewhere recently posted on our North Carolina Workers' Compensation Blog that nationally there were over 500 workplace homicides in 2010.

Within hours leading up to the shooting, Por Ye Lor, 31, was outside his home putting together a ride-on toy for his kids. He then went to his wife's workplace, around 5:20 p.m. where witnesses report seeing the couple arguing. He then pulled out a handgun and shot his wife, Zoua Xiong, in the head, and then turned the gun on himself.

In a few short minutes, three young children ages 6, 4 and 2 were left orphaned. Neighbors, relatives and friends all deny knowing of any problems between the couple. Neighbors described the couple as being peaceful and quiet, often playing outside with their kids or tending to their garden.

Just recently they had installed an in-ground swimming pool. Xiong, 25, had worked at Lowe's for 6 years and was a head cashier. She was well liked by her co-workers who tragically witnessed this horrific event. The store was closed the next day and grief counselors were called in to talk with traumatized employees.

The Social Services Department of Rowan County took the children and placed them in foster care and hopes to have them with family members as soon as possible.
Typically there are four different types of violence that occur in the workplace:

-Patients or clients commit the violent act.
These types of events usually take place in the health care industry like at psychiatric hospitals or nursing homes. Caregivers are often the victims of these attacks. Other types of workers that are exposed to these incidents include flight attendants, prison staff, police officers and teachers.

-Violence that occurs as the result of a robbery or other type of crime.
The assailant has no reasonable relationship to the employee or business. Victims that are most often at risk for this type of attack are: taxi drivers, convenience store clerks, and security guards.

-Violent acts to managers and co-workers.
In these cases the perpetrator does have a past relationship with the business. The attacker is a former employee who has a beef with either a former co-worker or boss. Statistically these incidents are rare but they often get a huge amount of media attention.

-Domestic violence that leads to workplace violence.
This is what the Lowe's shooting appears to be. The husband did not have a relationship with the business but his wife, the intended victim, worked there. It is estimated by the U.S. Department of Justice that boyfriends and husbands commit roughly 13,000 violent acts to their girlfriends and wives in the workplace annually.

Continue reading "North Carolina Shooting at Lowe's a Reminder of Workplace Violence in Hickory, Elsewhere" »

Our North Carolina workers' compensation lawyers in Greensboro and elsewhere want to warn injured employees that staying quiet after they are injured can hurt their case in the future. A keep-quiet approach is often a tactic used by businesses and their insurance companies.

Let's review for a moment that workers' compensation is a system that provides injured North Carolina workers a means of payment if they are hurt in an accident while at work. The system in North Carolina is endorsed by the North Carolina General Assembly and is overseen by the North Carolina Industrial Commission (NCIC).

The NC workers' compensation system removes on-the-job injuries out of negligence or tort law, and commonly prevents workers from bringing a lawsuit against their employer directly.

A worker can still sue their employer if the company purposely engaged in behavior that is sure to result in death or a severe injury, or purposely injures a worker. This is commonly known as Woodson claims. Most businesses buy insurance to cover workers' compensation costs and some large businesses are self-insured thus hiring outside managers to oversee their workers' comp claims.

Now you may be wondering what injuries are covered under workers' compensation. Only injuries that occur on-the-job that are caused by an accident are covered by workers' compensation. That seems simple, but its not. Employers and their insurance company oftentimes try to discredit the worker, thus denying the workers' compensation claim.

That's the reason for having an experienced lawyer help you through this process, so that nothing you say can hurt your case later. Injuries occurring on the job are compensable under the North Carolina workers' compensation system if the cause of the injuries can be identified as happening from outside of the normal work routine.

Frequent types of workers' compensation accidents include machine accidents, falls, auto accidents and load handling accidents. Back injuries that occur due to a traumatic event, whether it is an accident or not, are compensable in North Carolina. Other cases that are often contested are -- did the injury happen while at work.

To be compensated for an injury, it had to happen while the employee was performing his or her job. To be compensable under North Carolina workers' compensation system, occupational diseases like carpal tunnel syndrome, brown lung and certain cancers must meet the following criteria: the worker was at a greater risk of catching the disease compared to the common public and the dangerous working circumstances contributed to the disease.

Even if the worker caused the accident, they can still be compensated as long as the accident wasn't caused intentionally or didn't involve the use of drugs or alcohol by the worker. Breaking safety rules by the worker or the employer may affect the outcome of a workers' compensation case.

In a situation where a worker is hurt by a non-company employee, claims can be made against their employer's workers' compensation and against the third party that is responsible. An example of this is if you are working for a delivery company and you slip and fall while making a delivery at another business.

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