July 31, 2013

Dangers of Combustible Dust: OSHA Reports

Combustible dust is a notorious hazard in a number of industries. According to OSHA, a combustible material can burn rapidly when in a fine partical form. Dust suspended in the air at the right concentration under certain conditions can become explosive. Some materials, including aluminum or iron, under certain conditions can become flammable or highly explosive when in the form of dust.

Employers and industry leaders, as well as government agencies, including OSHA, are responsible for regulating work conditions and ensuring that combustible dust is properly eliminated. Our Charlotte workers' compensation attorneys are experienced with complex cases involving work accidents and injuries. We are aware of the very dangerous nature of highly combustible dust and urge employers to take appropriate action to prevent workplace injuries and fatalities.


The force of an explosion from combustible dust has been known to cause significant employee injuries and deaths. In some cases, a combustible dust explosion can demolish an entire building. The U.S. Chemical and Safety Hazard Investigation Board has identified 281 combustible dust explosions between 1980 and 2005. These accidents lead to the deaths of 119 workers nationwide. The explosions also resulted in over 700 injuries and the damage to countless industrial facilities.

Materials that can be combustible in dust exist in a range of industries including food, tobacco, plastic, wood and paper, furniture and textiles. Combustible dust also exists in textiles, pesticides, pharmaceuticals and metal industries. Workers in these and other industries should be aware of the risk and follow appropriate safety protocols to prevent injury. In the event of an explosion or injury, workers and their loved ones have the right to pursue workers' compensation benefits.

This week, the U.S. Chemical Safety Board will hold a public meeting in Washington D.C. The board may designate an OSHA combustible dust standard as its first "Most Wanted Chemical Safety Improvement," due to the very dangerous nature of the material. Leadership in OSHA is the audience for the meeting and the board is slated to consider whether the three previous recommendations are not acceptable. After several investigations the board has not found that OSHA adequately implemented safety management.

The meeting will focus on three main recommendations. The first is in response to an investigation in a Delaware refinery which found that the storage tanks could be involved with the potential release in a covered process with 10,000 pounds of a flammable substance. The second recommendation involves a Texas refinery which should require additional oversight of organizational changes that could impact process safety. A third recommendation calls on OSHA to issue a fuel gas safety standard for construction and general industry.

The meeting and review of standards in the treatment of combustible dust is intended to broaden OSHA oversight and create enforceable safety standards to protect the well-being of workers. We are committed to raising awareness about the dangers of combustible dust and urge North and South Carolina employees and workers to stay abreast of all safety measures in all impacted industries.

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July 28, 2013

Acupuncture May Provide Relief for Workers With Chronic Pain

Workers who have been injured in an accident or who suffer from repetitive stress may be vulnerable to chronic pain. In addition to medication, rehabilitation and other therapies, new studies indicate that acupuncture could be beneficial to workers with mild to severe pain in limbs, joints, muscles or in the head and neck.

Chronic pain can be debilitating and leave victims unable to work or manage day-to-day tasks. Our Charlotte workers' compensation attorneys are experienced in the complex nature of chronic pain and work to help our clients recover financial support after an injury. We are also committed to staying abreast of treatment options to help workers and families cope with the stress of injury and pain.


While many people have attested to the benefits of acupuncture in treating pain, new evidence suggests that acupuncture can relieve back pain and headaches. In a study recently published in the Archives of Internal Medicine, researchers found that acupuncture is more effective that other treatments in reducing chronic pain.

The study compared the use of placebo needles in a "fake" acupuncture treatment, with legitimate acupuncture pressure points. Researchers reviewed responses from nearly 20,000 participants and found that pain had been reduced in patients that received legitimate acupuncture treatment. They also reviewed previous studies that came to opposite conclusions. The authors assert with confidence that acupuncture can conclusively assist with pain management.

After a work-related injury, it is important to file a claim and seek medical attention as soon as possible. Consulting with a workers' compensation advocate can also ensure that your claim is properly filed and that injuries are properly documented. If you suffer from pain, you should continue to seek medical treatment and have your procedures documented by a professional. Filing an accurate and timely claim can ensure that you receive the compensation you need and deserve after a work-related accident or repetitive stress injury.

Acupuncture studies indicate that workers and other victims of chronic pain can benefit from the ancient Chinese medicine practice. Using new studies and combining results with a review of older data also provided evidence that acupuncture is beneficial in reducing chronic pain. The team of researchers proved that acupuncture substantially relieved chronic pain in the back, neck and shoulders of participants in the study. Additionally, acupuncture reduced pain related to osteoarthritis.

Participants rated their pain on a scale of 0-100 and the pain ratings fell from 60 to 30, on average, after having acupuncture treatment. Ratings remained around 43 for those who had standard care and no acupuncture treatment. Researchers believed that the findings were so significant that they could not be simply a "placebo effect."

For those who are not familiar, acupuncture is an ancient Chinese remedy which focuses on the concept of maintaining balance and a flow between points of the body. It has been found to cure chronic illnesses, headaches, cramps as well as sleep disorders and depression. The treatment involves the insertion of needles at designated points on the body to unblock a flow of "chi" and other elements. The practice is centuries old and becoming more common in Western cultures.

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July 25, 2013

Patient Mental Health Issues Pose Risk to Workers

There are some occupations that pose serious risks to workers. Industries like fishing, logging, oil, and construction are known to create severe workplace hazards. In the medical profession, nurses and doctors can be exposed to infectious disease, toxic chemicals and the risk of needles. A less studied work-related hazard is faced by medical professionals charged with working with patients in a behavioral health unit.

Nationwide, hospitals and other medical facilities are becoming more aware of the health hazards posed to workers. Workers have been known to suffer from attacks and assaults including, hitting, punching, and even biting. For many workers, the consequences have been severe, even fatal. Our Spartanburg workers' compensation attorneys are experienced with helping employees recover the financial support they need after a work-related accident or injury. We are also dedicated to investigating and pursuing less-common workers' compensation claims, including behavioral health related injuries.


In any industry, employers are responsible for making sure that employees have a safe working environment. In construction and other industries involving heavy machinery, safety mechanisms and equipment must be in place. Similarly, employers must protect employees from hazardous materials and other potential dangers. In the medical and behavioral health industry, hospitals and other employees must protect workers from being assaulted by patients.

In a recent case, a hospital could face fines up to $8,000 after The Occupational Safety and Health Administration issued two citations against the facility for violations. The agency found that the hospital failed to implement programs and procedures to protect workers from injuries that resulted from attacks. The second violation was for failing to log patient attacks in an OSHA log. In a statement released by the Labor Department, one of the violations was "serious," meaning that it was issued with a substantial probability that death or serious harm could result from the violations. In this case the employer knew or "should have known" of these hazards but failed to take remedial measures.

Patient assault is under the umbrella category of "workplace violence" which has historically gone underreported. Though workers in the behavioral health field are at risk, no workers are immune. Health care professionals, particularly in the behavioral health sector are at a high risk of facing these hazards. Hospitals and other health care employers must take necessary steps to ensure that workers do not face the risk of harm or fatality.

The OSHA release did not provide details of the allegations or dates, but the hospital at issue contested the claims, stating that the facility is not a forensic psychiatry unit and therefore does not require physical modifications to the workplace. According to the Department of Labor, the hospital has 15 business days to respond to the citations. They can request an informal conference with representatives or contest the citations before an independent board. The hospital officials plan to meet with OSHA and to clarify that the hospital is safe for workers.

Workers in the behavioral health industry have the right to file a claim in the event of an assault. Remember to have your injuries documented and to take necessary steps with the help of an experienced advocate to best protect your rights and interests.

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July 21, 2013

Workers Who Contract Lung Disease May Have Risk of Osteoporosis

Lung disease is a persistent threat for workers throughout the United States. The mining industry is notorious for exposure to toxins that can result in disease; however there are other industries that can also pose a threat to workers. Long-term exposure can result in mesothelioma, lung cancer, and other lung diseases. New evidence indicates that workers who suffer from lung disease may also be at risk of contracting osteoporosis.

Occupational hazards range from immediate accidents and injuries, to disease and other ailments caused by long-term exposure. For victims and their families, the long-term consequences and costs can be overwhelming. In addition to medical expenses and the inability to work, many victims will never make a full recovery. Those who suffer from chronic or fatal lung diseases will not survive. Our Charleston workers' compensation attorneys are experienced in helping victims and their families collect financial recovery after a work accident, injury, or illness. We also stay abreast of work-related illness issues that affect the lives of our clients and their families.


While osteoporosis was once thought of as a "woman's disease" it has now been linked to men who have previously suffered from chronic lung-disease, including asthma. Osteoporosis, also known as "brittle-bone disease" can immobilize victims and leave them vulnerable to cracks, fractures, and breakage of the bone. According to research, men who suffer from chronic lung disease are at a higher risk of developing osteoporosis later in life. The chance of contracting osteoporosis is higher for those who have been prescribed a common asthma medication.

Historically, the majority of studies linking lung disease to osteoporosis have focused on women. Researchers were interested in understanding this relationship when examining males who suffer from lung disease. Researchers looked at 130 men who had lung disease and compared them with 41 men who did not suffer from a chronic lung disease, finding a prevalence of osteoporosis among men with lung disease. The results were staggering, finding that men with lung disease had 5 times the chance of contracting osteoporosis.

Men who used asthma drugs called glucocorticoids had a risk 9 times higher than for men without lung disease. Researchers have pointed out that even though inhaled versions of the drug cause fewer side effects than oral prescriptions, both versions of the drug had the same likelihood of causing osteoporosis. Medical researchers are not certain why the risk of bone disease is related to lung disease, however, they suspect that it involves the formation of the bone and that reduction in oxygen depletes the bodies ability to build and maintain strength.

Any lung disease can leave a victim unable to work. For many suffers, the pain can be unbearable, and the disease, deadly. Osteoporosis, in turn, could result in broken bones which could cause loss of mobility and permanent damage. Workers who suffer from osteoporosis or lung disease may be entitled to workers' compensation. If you or someone you love has contracted a work-related illness, you should consult with an experienced advocate who can help to document your illness and file a timely claim.

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July 21, 2013

OSHA Fines Oil Industry Giant Halliburton for Violations

Offshore drilling for gas and oil is one of the most dangerous professions in America. Oil rig accidents involving explosions, fires, and other catastrophes continue to plague workers and their families nationwide. In North Carolina, South Carolina and throughout the Southeast region families will send their loved ones to work on oil rigs for weeks and months at a time. In the event of a fatal explosion or accident, many of these workers will never return.

In 2008, there were 120 workers killed in the oil and gas industry, according to the Bureau of Labor Statistics. Workers in the oil industry are at risk because of their long hours and routine work with combustible materials. The oil rig workers also perform their duties on a platform with heavy equipment, including cranes, are constantly swaying overhead. Our Charleston workers' compensation attorneys are experienced in complex claims involving large companies and employers who violate safety measures.


The oil rig industry is regulated by the U.S. Department of Labor and OSHA to ensure safety compliance and workers safety. In a statement released earlier this month, serious safety violations were levied against Halliburton in relation to an accident that caused the death of a worker last January. According to reports, a worker died as a result of injuries he suffered when a high-pressure pipeline dislodged from the ground and struck him in the head.

This month, the oil industry giant Halliburton was cited for workplace safety violations for the first time in the company's history. Halliburton is a Houston-based multinational company that provides supplies, products and services to the oil and gas industry. According to reports, the company has not been previously cited for any OSHA violations. Authorities indicated that the company failed to maintain a safe worksite and violated known regulations. These violations produced significant safety hazards, which ultimately resulted in the death of a worker.

Serious violations occur when OSHA finds a "substantial probability that death or serious harm could result from a hazard about which the employer knew or should have known," according to regulations. After a company is fined by OSHA, they have 15 business days to respond to the request. Companies can contest the findings before the OSHA commission. If Halliburton does not contest the violations or if the company fails to succeed in challenging the fine, it will be liable for $7,000 for each violation.

It is a hazardous business, however, companies and employers are responsible for ensuring the safety of workers. In the event of a violation, these companies can be fined or held liable. Workers injured on the job and families of workers killed on the job are entitled to compensation to cover medical costs and lost wages. In the event of an oil rig accident or injury, victims or their loved ones should contact an experienced workers' compensation advocate who can investigate the case and determine who was at fault for the accident. In addition to workers' compensation, workers and their loved ones may be able to bring third-party claims.

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July 19, 2013

U.S. Craft Breweries Put Worker Safety at Risk

Nationwide, there are a growing number of craft-brewing companies that are expanding their production, bottling and distribution. With the rising trend of craft breweries, worker safety has been put at risk. There have been numerous injuries caused by explosions and fires as well as a rising death toll over the past few years. Brewery owners and workers should be aware of the safety risks and take necessary steps to prevent injury and accidental death.

According to recent reports, between 2009 and 2012, at least four workers have died in craft brewery accidents in the United States. Our Greenville workers' compensation attorneys are dedicated to worker safety and helping victims and their families recover financial support in the event of an accident, injury or wrongful death. We will assist in investigating an accident, filing necessary documentation and advocating on behalf of victims and their families.


Craft breweries, or smaller breweries, can pose additional risk to workers. According to OSHA records, there were fewer deaths at larger facilities that produced 10 times more beer. This means that smaller breweries are probably not implementing the same safety measures as large brewing companies, or that they are less monitored. The same reports indicated that there were four times as many safety violations at the smaller craft breweries.

The Brewers Association defines a craft brewery as one that makes 6 million barrels or less per year. A craft brewer title also requires that the recipe is traditional and less than 25% of the company can be owned by an alcohol drinkmaker. Brewery experts say that the oversight of smaller companies is lacking because there aren't enough resources to keep tabs, especially as the trend is only growing. The number of injuries may also be under reported. The craft brewing industry has expanded from a niche market into an $10 billion dollar industry. To meet the needs of a quickly growing industry, employee safety has sometimes been overlooked. Many of the entrepreneurs in the brewing industry do not have a chemical or industrial safety background and do not know how to keep grounds safe or to train employees.

Brewery accidents and injuries can range from explosions and fires to serious injuries caused by heavy machinery, falls or electrical injuries. Reported accidents include death caused by fire or explosion and a keg that compressed because of pressure, which exploded and killed a worker. Craft industries should be consulting with safety experts to ensure that machinery is safe for use and that kegs pressures are kept at safe levels.

Safety inspectors and OSHA officials found 547 violations including 250 serious violations in breweries between 2003 and 2011. The brewers were fined a total of $222,000 for their violations which ranged from failing to enclose sprockets to not ensuring that machinery was disabled when an employee was inside.

In the event of a catastrophic workplace accident, victims and their families may be entitled to workers' compensation benefits. In addition to workers' compensation for medical expenses and lost wages, victims may also be able to pursue third-party claims for additional losses. In these complex cases, a personal injury and workers' compensation attorney can assist in sorting through the viability of your claims.

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July 17, 2013

Lack of Training and Supervision Leaves Victim Permanently Injured

There are a number of ways that workers can be injured on the job: slip and fall, dangerous tools, falls from scaffolding, explosions and burns, toxic exposure, and other accidents. These accidents are foreseeable when a worker is improperly trained or does not have the proper equipment or assistance to complete a job.

In a recent case, a South Carolina worker has filed for workers' compensation after being caught in a water hose and dragged onto a conveyor belt. In addition to filing for workers' compensation benefits, the worker is also suing the mining company and contractors for injuries he sustained while on the job.

In the event of a workplace injury, victims should seek immediate medical attention and consult with an advocate who can assist with the workers' compensation filing process. Filing claims as soon as possible can ensure that injuries are properly documented and that paperwork is completed in a timely manner. Our Charleston workers' compensation attorneys are dedicated to helping victims and their families collect the full compensation they deserve after an accident or injury.

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According to reports, the worker was given a mining assignment but was not provided with an experienced miner or a supervisor who could spray off the belt structure with a hose. The complaint alleges that the water hose got caught behind him in his belt and he was pulled on to the conveyor belt. The miner was wrapped in the hose and hoisted onto the conveyor belt, pulling his right arm into the roller and the belt.

In this case, there was no experienced miner or supervisor assisting the victim, who was not trained to perform the work assigned to him. An experienced miner or supervisor is required, according to safety regulations. According to the lawsuit, the victims' injuries were sustained as a direct result of the mining and contracting companies errors in forcing him to perform the work without assistance and without proper training.

The victim of this work-related accident suffered serious injuries, including a crushed forearm and upper arm, burns, nerve injury, lumbar facet syndrome, scarring, and significant loss of function. He is also suffering from pain, numbness, weakness and a limitation of movement. Because of these injuries, he has also suffered a permanent loss of earning capacity. When a victim suffers permanent injuries and is no longer able to continue working, third-party claims may be a viable option to recover additional financial losses.

Workers compensation claims are usually limited to medical expenses and lost wages; however, a worker can collect additional financial damages if a third-party is found negligent for injuries. In this case, the injured working is seeking additional compensation due to the negligence of the mining company and third-party contractor. Workers' compensation claims involving serious injuries can be complicated, especially when involving third-party claims. Victims should consult with an advocate as soon as possible and document all injuries, medical treatment, therapeutic care, as well as other losses related to the injury.

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July 13, 2013

Sleeping Difficulties and Pills Linked to Work Injuries

Employers are responsible for ensuring worker health and safety on the job. While employers can control how employees are trained and whether they have proper safety equipment, there are other safety factors that are difficult to monitor. Employees must often undergo drug and alcohol testing to ensure they do not pose a risk to themselves or others. Recent studies have shown that workers may face additional risks if they suffer from sleep problems or take sleep medications.

According to reports, 13 in 100 workplace injuries may be related to poor sleep or fatigue. Our Charleston workers' compensation attorneys are dedicated to helping protect the victims of work-related injuries and to prevent future injuries in the workplace.


Researchers have found that there are a number of different causes of poor sleep, including insomnia, sleep apnea, or restless leg syndrome. In addition to leaving you tired, poor sleep habits can also be related to obesity and diabetes. In a number of recent studies, sleep deprivation has been known to cause accidents. It is no surprise that fatigue and a lack of sleep can also result in workplace accidents and injury.

Using a range of data collected from interviews, questionnaires, and medical reports, a recent study found that workplace injuries were more likely when involving people who had sleep difficulties. Analysts of the data also found a relationship between those who had sleep problems and those who suffered from work-related injuries. The contract was striking: people with sleep problems were 60 percent more likely to suffer an injury with work.

In addition to poor sleep, researchers attribute a number of these accidents to the use of sleep aid medications. Individuals who were taking an over-the-counter or prescription medication for sleep problems were the most likely to suffer a work-related injury. Those in jobs that are highly physical, including construction, farming, mining or other industries, were more likely to suffer severe injuries caused by sleep deprivation.

Symptoms of sleep deprivation may result in a feeling of grogginess and the inability to focus on tasks. Workers could forget safety equipment or miss an important step that could result in serious accidents or injury. Those responsible for operating heavy machinery could pose a significant risk to themselves or others when on the job. Any symptoms of sleep deprivation could impact job performance and ultimately increase the risk of work-related injury.

Sleeping problems can impact mood, response time, and overall well-being. If you suffer from insomnia or other sleep problems, you should consult with a doctor to protect your health and well-being. Be careful about taking any medications that could impact your ability to function on the job. Though we all have an occasional restless night, you should seek medical attention if you have regular issues with sleeping. Failing to get adequate sleep could impact your job performance and increase your risk of injuries.

In the event of a workplace accident, any victim of injury is entitled to compensation, regardless of who was at fault or what caused the accident. Even if you suffered from a sleep-related injury, you are entitled to workers' compensation.

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July 10, 2013

Radiation Exposure Claims for Hospital Workers an Issue in North Carolina

Hospital workers face a number of risks, including needle pricks and exposure to infection and disease. Though any worker may be entitled to compensation for an injury that occurs in the workplace, hospital workers may face additional dangers because of exposure to radiation. In a recent case, hospital workers are seeking compensation after radiation exposure they suffered because of faulty construction.

Workers' compensation and work-related injury claims can be complicated. In some cases, workers may only be entitled to lost wages and medical costs; however, there are some instances where employees can pursue additional compensation. Our Greensboro workers' compensation attorneys are experienced in handling complex claims on behalf of injured workers and their families.


In this case, a lawsuit blames a hospital for failing to install a protective wall to insulate against radiation exposure. According to the claim, four CT technologists filed a lawsuit claiming exposure to excess radiation over the course of years. The lawsuit alleges that construction crews installed the wrong glass in the rooms where they read scans, resulting in long-term exposure to radiation.

According to an attorney for the plaintiffs, the techs were exposed to 20 times the normal radiation while performing hundreds of scans every year. State law requires that the viewing window have the same radiation protection as the walls. For the construction in this hospital, this was not the case. The complaint states that the window separating the scanner room is supposed to be made of lead-shielded glass. When the hospital went to replace the CT scanner it found that the shield was made from regular glass.

Since the discovery that the wall was not made of protective glass, the hospital reported the Department of Health and recorded the risk as a construction error. Workers have since pursued medical treatment and their doctors reported that they have shown signs of radiation exposure. Radiation exposure can lead to disease, including cancer.

Workers who have suffered an injury on the job are entitled to workers' compensation benefits, regardless of fault or cause of the accident. Though workers do not have to prove that they were injured because of negligence, they also cannot sue employers for their injuries and, generally, are limited to medical compensation and lost wages. In some cases, employees can bring additional lawsuits against third-party individuals and entities responsible for their injuries. In this case, the lawsuit is targeted at the architectural firm and construction companies, not the hospital itself.

The construction company has acknowledged the claim but is refusing to provide additional comments on the injury and lawsuit. Since the claim was filed, more protective glass has been installed at the hospital but the workers are living in fear that the injuries may not appear for years or decades after the exposure.

Hospital workers who have been injured because of radiation exposure, improper protection gear, and other work-related injuries are entitled to compensation. An experienced workers' compensation attorney can help you seek appropriate medical treatment, document injuries, and effectively file for benefits.

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July 5, 2013

The Dangers of Being a Temp Worker

In the current economy, companies are under additional pressure to cut corners and to bolster their bottom-line. This means exploring ways to save money on a labor force. For many employers, reducing costs means cutting out permanent employees and hiring temporary help as needed. The benefits of temporary help are varied--companies do not have to pay workers' compensation insurance, they do not owe benefits, and they are not required to pay overtime. Though corporations benefit, temporary employees are vulnerable to lost legal protections.


In cities nationwide, temporary workers will line street corners or wait in abandoned warehouses to get approval for temporary work. These are regular employees of temporary agencies, who are supplied to large corporations. Temporary employees are responsible for any number of tasks, including preparation of frozen foods, waste management, and farming. They are responsible for stocking, packing, and shipment. Throughout America, temporary workers are an integral part of the economy. Our Charlotte work accident attorneys are dedicated to helping workers protect their rights and health.

Many victims of temporary work or "day labor" are immigrants. Researchers have dubbed the word "temp towns" to describe cities where Latinos and others are completely dependent on work provided by temp agencies. In many cities, out of work employees are forced to find employment at a temp agency before they can establish permanent employment.

Temporary employees face a number of dangers. In many cases, working conditions go unregulated. Companies also avoid responsibilities including workers' compensation claims, unemployment taxes, union initiatives, and it does not require employers to guarantee that workers are citizens. Temporary employees are vulnerable to injuries and according to reports, many of these workers endure long hours unpaid, and fees that reduces overall income.

The number of workers in the temp sector has grown: almost one-fifth of total job growth since 2009 is in temping. Temping has grown exponentially faster than permanent employment positions. The majority of this work is in factories and warehouses.

Economists suggest that the temporary worker market will grow even after the end of the recession.

In Greenville County, one in every 12 workers was a temp employee in 2012. There are many "temp towns" throughout the state and many workers have done the same factor work for years without having the benefits of full-time employment.

In the event of a worker injury, temporary workers will face injustices and difficulties when filing claims. Corporations can often evade responsibility asserting that they are not the employer. Though temporary workers undoubtedly benefit employers, temporary workers are at a significant disadvantage and risk.

Today's temporary workers face harsh working conditions, long hours and may not make the wages they are entitled to. In the event of a serious accident or injury, these workers' may face additional challenges when seeking to collect benefits. Undocumented workers face additional risks, because if they complain about working conditions, they could also face deportation.

In addition to working conditions, workers may be exposed to dangerously crowded traveling vans, forcing workers to crouch in small spaces. Some workers have also claimed to have been stranded at a work site. Even after all of this, many temporary workers are forced to pay for their own ride.

Workers' compensation benefits are generally only available to full-time employees; however, temporary and contract workers who face abuse, may be the workers that are in greatest need of compensation after an accident.

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July 3, 2013

Keeping Summer Work Zones Safe in the Carolinas

The majority of construction work nationwide is initiated and completed during the summer months. This means that employers and workers are at a greater risk of injury, whether working on a new construction project or in repairing state and national highways. After a fatal accident in Charlotte, the North Carolina Department of Transportation initiated an investigation to determine whether a work site was safe.

Construction zones must be properly barricaded and marked to warn oncoming motorists and to prevent injury or fatalities to highway workers. In the event of a collision or accident victims should consult with an experienced investigation team to determine the cause of the accident and identify responsible individuals or entities. Our Charlotte workers' compensation attorneys are experienced in representing victims of work zone accidents.


Last week, a fatal accident occurred on Interstate 485 when a dump truck struck a concrete barrier. The construction project aims to widen I-485 in Charlotte. To keep workers safe, the agency has added temporary concrete barriers. There are several points along the I-485 construction route where the concrete barriers shift to allow workers access to the median. This also creates an off-ramp for construction vehicles. According to accident reports, the concrete barriers are set up with gaps to allow workers and vehicles to pass. Distracted motorists who are not paying attention can see those temporary gaps as an opening or a third lane on the highway.

According to accident witnesses and reports, a dump truck driven by a 54-year-old Rock Hill man crashed into a barrier just after a temporary off-ramp. The truck flipped over and burst into flames. The driver was killed in the accident. Accident reconstructionists are unclear whether the driver believed that the off-ramp was a new lane or whether he lost control of his truck before the collision.

Many witnesses questioned whether he lost control because there was a shoulder on the interstate that could have been used if a driver needed to pull over. The speed limit in the work zone was reduced to 55 miles per hour and there was a solid yellow line indicating to drivers not to cross over.

After an investigation the N.C. Department of Transportation has announced that the work zone is safe, properly demarcated, and that no additional signs or warnings are necessary. The North Carolina Highway Patrol is continuing to investigate the accident and to hold any liable parties accountable. According to a spokesperson for the N.C. DOT, the traffic control plan was implemented according to federal guidelines and approved for a work zone safety unit permit.

In this case, the concrete barriers and attenuators are the responsibility of the contractor. The DOT has no intention of addition additional signs, cones or warnings. Any worker injured in a similar accident can hold a contractor and other third-party liable for any injuries. A family can pursue workers' compensation in the event of a fatal accident. Workers' compensation claims involving automobile accidents and highway crashes can be complicated so it is important to involve an experienced advocate as soon as possible.

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July 2, 2013

Workers Beware of Firework Hazards This 4th of July

Any worker who has contact with fireworks or pyrotechnics are at a high risk of injury. This Fourth of July season, the Occupational Safety and Health Administration (OSHA) is warning workers and employers in the fireworks and pyrotechnics industry to follow safety protocols and to take extra precautions to avoid serious injury and accidental death. These dangers extend to all workers who are involved with manufacturing, storage, transport, display, sale and ignition for private or public events.

Every 4th of July, Americans gather to celebrate the independence of the United States. Barbecues, boat outings, and fireworks mark the occasion. In the excitement of festivities, the danger of working with explosives is often forgotten. All workers who come into contact with fireworks should be wary of the risks that they face. Our Charlotte workers' compensation attorneys are experienced in helping victims of explosions and other accidents collect compensation after an accident.


OSHA authorities are urging workers and their employers to remember safety when handling pyrotechnics. Though every handler should always take necessary precautions, employers are responsible for keeping their employees safe on the job. Employers are charged with making provisions and creating protocols to keep workers safe. From storage to transport and finally ignition, employers are responsible for taking necessary steps to prevent workers from injury or death.

According to OSHA records, three workers suffered serious burns at pyrotechnic factor in March. Since the accident, the company has been fined $117,000 in safety violations. These violations were related to explosive hazards and failed safety precautions.

The federal agency, OSHA, is responsible for investigating workplace conditions and to ensure the health and safety of workers nationwide. In the event that an employer fails to comply with regulations and standards, it can be fined and held liable in the event of an accident or injuries. Regarding pyrotechnics, OSHA has creative a directive, known as the Compliance Policy for Storage, Sale, Handling, use and Display of Pyrotechnics. The OSHA standard is intended to provide inspection guidance and safety requirements that apply to facilities and operations involving fireworks.

OSHA offers information on the pyrotechnics industry and helps businesses create a safe work environment for employees. This involves the storage, transport and creation of fireworks displays. There are a number of common hazards associated with fireworks and solutions that can help to prevent accidents and injuries. Victims of fireworks accidents could suffer burns, scarring, tissue damage, loss of vision, loss of hearing, or loss of limb. In the most severe cases, a worker could lose his or her life in a fireworks accident.

Workers who suffer an occupational injury are entitled to compensation without having to prove liability. A workers' compensation claim entitles an employee to health care and lost wages. Any victim of a workplace accident may also able to bring third-party claims against additional parties, including negligent individuals or entities responsible for the accident. Any worker who has been injured in a firework accident should consult with an experienced advocate to initiate an investigation. Manufacturers and property owners may also be liable for an explosion, burn or other firework malfunction.

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June 30, 2013

General Worker Health: Managing Pain Prescriptions

Proper training, equipment, and safety precautions are necessary to prevent workplace injury. While preventing accidents in the workplace is critical, the general well-being of employees can also help to create a safe and healthy work environment.

The National Safety Council launched its Employee Wellness Week this month to promote safe behaviors that can prevent injury and death. The agency is seeking to promote educated decisions with regard to general health and well-being.

Many people do not consider their health or well-being until they have an illness or injury. Overall health means taking care of your body, having regular check-ups, and avoiding harmful behaviors. Knowing good behavioral practices can ensure that you keep your mind and body healthy. This promotes overall well-being at home and in the workplace. Our North Carolina workers' compensation lawyers also know that general employee wellness can often be overlooked. We are dedicated to helping the NSC promote safety and the general health of employees.


Every day, we make important decisions that will affect our overall health. When you wake up in the morning, you could choose to eat eggs and bacon or a piece of fruit. You could opt to ride your bike to work or drive a car. During the workday, you could choose to eat a salad or a cheeseburger.The choices we make have the ability to impact our bodies, intellect, and emotional well-being affecting our performance at home and at work.

In addition to eating well and getting appropriate exercise, employers and employees should also be aware of any drug or alcohol habits that could affect health and mindfulness. According to the NSC, the use of prescription pain medication has reached epidemic levels in the United States. Every day, there are 45 people who die of an overdose of prescription pain medication. This is a shocking statistic that should make regular users question their intake and habits.

If you are prescribed a painkiller, you should take additional precautions to keep yourself and your loved ones safe. You medications should be kept in their original containers and stored out of sight and away from children. If you have finished with your prescription or you have decided that you no longer need a prescription, you should make sure any leftover pills are properly disposed. This can prevent theft or abuse of your old medications. If a doctor has given you a prescription, you should know the proper dose and only take your medication as it has been prescribed.

The NSC is reaching out to organizations, communities and the general public to disseminate important information about health and to effectively reduce the damage of prescription abuse and addiction. If someone you love is suffering from an addiction, you should seek appropriate resources.

Remember that the decisions you make now can have long-term impact on your overall health. Employers as well as employees should be aware of behavioral patterns that could impact workplace safety. If you have questions about your health or healthy habits, you should consult with your doctor. Promoting general health in the workplace can also prevent future illness and injuries.

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June 30, 2013

Occupational Disease and Chemical Exposure Can Go Ignored

OSHA is charged with making sure that a workplace is safe for employees.

It is often true that both OSHA and state workplace safety enforcement agencies focus heavily on accidental injury to the detriment of preventing occupational disease and illness. North Carolina has been recognized as a state with a high incidence of both injury and accidental death. Our Spartanburg workers' compensation attorneys are dedicated to raising awareness about the dangers of occupational disease and illness.

According to a recent report published in honor of Memorial Day by the National Council on Occupational Health and Safety, Federal OSHA rules and enforcement focus almost exclusively on safety conditions and hazards that may result in falls and other immediate bodily injury. Focusing on accidental injury ignores some of the other serious hazards in the workplace including toxic substances that can result in loss of vision, burns, permanent brain damage and death.


Recent headlines have pointed to a North Carolina operation that manufactured cushions using a highly toxic chemical known as n-propyl bromide (or nPB). Where OSHA has the ability to regulate workplace conditions for safety to prevent falls, fires equipment injuries and other accidents, it has no standards to limit exposure to the chemical nPB. When workers at the plant were exposed to the chemical, they were made sick and many of those suffered permanent injury and disability.

Despite reports that the chemical was causing serious harm to workers, the North Carolina OSHA agency failed to take any action to prevent additional injury. According to a local physical who treated the poisonous workers said that many were unable to stand on their own. They had to be supported by family members. Even when the company lost employees to disability and the disease, they continued to hire additional workers without any oversight from the government.

While OSHA is responsible for ensuring workers have safe and healthy working conditions, the North Carolina cushion plant story illustrates that the agency is failing. In this case, OSHA had inspected the agency over the course of several years. Even finding exposure, it only fined the company modestly and saw no changes after the inspection. Workers continued to fall prey to the exposure to toxic nPB.

In addition to occupational hazards such as accidental injury or fall, workers, employers and government agencies should be more aware of the potential for occupational disease and illness that can be attributed to toxic exposure and hazards. Employees are also at risk of permanent damage to sight or hearing.

An occupational disease is any chronic ailment caused by work or occupational activities. Many instances of occupational disease are discovered after more than one employee fall victim to the disease or illness. Examples of occupational disease include lung disease or asbestos poisoning, black lung, or occupational asthma. Employees have been known to contract skin diseases, including eczema when exposed to certain chemicals in industries like catering, healthcare, printing, construction, mechanics or hair styling. Other forms of occupational disease include Carpal tunnel syndrome and lead poisoning.

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June 26, 2013

Public Sector Workers Risk Injury and Death for Citizens

In the eyes of public safety groups and legislators, employees at private companies face greater risks than public employees. While a significant amount of attention attention is paid to the safety of workers in the private sector, public workers can often go ignored. OSHA and North Carolina government agencies are charged with keeping private employers in line; however, public employees face significant dangers while on the job. Firefighters, law enforcement, road side crews and other public service workers are risking their lives every day.


Every worker faces different risks depending on their duties and tasks. Construction workers risk falls, industrial workers may risk chemical exposure, oil industry workers may risk fire and explosion. Public employees are often responsible for handling dangerous jobs intended to keep citizens safe from harm. This means that every day, these public employees are at risk of accidents, injuries, and even violence. Our Spartanburg workers' compensation attorneys are dedicated to protecting the rights of all workers and can help public employees protect their rights.

It is a false conception that public workers face fewer dangers than those working in private industry. While workers for private construction companies, contractors, factors, or in other industrial settings face many hazards, there are different risks for public employees. According to recent reports, published by the National Council on Occupational Health and Safety, there were at least 8 public service workers who lost their lives in North Carolina in 2012. Dangerous public sector jobs include police officers, firefighters, road crews, school employees, emergency personnel, and employees working for state parks. These dedicated workers are often putting their own lives at risk to protect the general public.

Public employees are often acting to protect public citizens, which can put them at risk. They face an exceptionally high rate of injury and fatality on the job. A significant number of public employees die in highway or vehicle accidents. Last year, four employees of the North Carolina Department of Transportation were killed in motor vehicle accidents. These deaths are a reminder that all motorists should take greater care when traveling through construction and work zones. Department of Transportation crews are facing additional dangers because of distracted driving related to cell phones and other hand held devices.

Policymakers and legislators must take the necessary steps to ensure public worker safety in North Carolina. This requires having a specific understanding of the kinds of risk faced by public employees. These employees face the threat of injury, illness and death and must be protected with the same efforts as private employees. Public workers should be properly trained and have the same protections as private workers.

Like employees in the private sector, public service workers are entitled to workers compensation in the event of an accident. If you are a service worker and have been injured while on the job, remember that you do have options and you do have rights. An experienced attorney can investigate your case and pursue just compensation on your behalf. In addition to workers' compensation, you may also be entitled to financial compensation in the event of third-party negligence. Families of victims are also entitled to compensation after a public employee's death.

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