North Carolina Workers' Compensation Lawyers Blog

We would like to make you aware of the Occupational Safety & Health Administration's (OSHA) website on Workplace Violence. This site will assist you in developing anti-violence in the workplace prevention programs and provides plenty of information on this growing problem.

Our North Carolina workers' compensation lawyers in Greensboro think it is tragic that in 2010 there were more than 500 workplace homicides nationwide. Every employer has the responsibility to provide their workers with a safe place to do their job.

How does OSHA define workplace violence?
It is any threat or act of physical harm, intimidation, harassment or other menacing unruly behavior that happens at your place of employment. Acts and threats can run the gamut from verbal abuse to physical violence to even homicide. It can not only affect workers but customers, visitors and clients can also be involved.

Currently in the United States, homicide is the fourth leading cause of deadly occupational injuries. In a report recently released by the Bureau of Labor Statistics on fatal occupational injuries, over 4,500 workers lost their lives on the job in 2010 and 506 were from homicides. It is shocking that the leading cause of death for women at work is homicides. This is a serious issue and should be a legitimate concern to all workers and employers.

Who is in danger of encountering an act of workplace violence?
It is staggering that almost 2 million workers each year in the U.S. report being the victims of violence in the workplace. Who knows how many cases go unreported. Anyone at anytime and anywhere can become a victim. Researchers have identified factors that could raise the risk of harm for some employees at certain workplaces. These factors include:
-Any job that requires the exchanging of money with the public.
-Anyone that comes into contact with unstable or volatile people.
-Anyone that works alone, works late at night, works in high crime areas or in isolated areas.
-Any job that provides care to others.
-Any job that puts you in a location where alcohol is served.

Occupations that are at a higher risk of encountering a violent act are police officers, healthcare professionals, delivery drivers, customer and public service workers and anyone who works alone or who works in small groups.

How can employers decrease the risk of workplace violence hazards?
In most places of employment where violence hazards can be recognized, the risk of a physical attack can be avoided or minimized if employers take suitable precautions. Employers that establish a zero-tolerance policy toward violence in the workplace creates a very effective means of protecting their workers. This policy should cover anyone that comes into contact with company workers.

Companies that have a well-written and thought-out Workplace Violence Prevention Program are on the right track for reducing violence hazards. It is vital that all employees know the policy and realize that claims of workplace violence will be taken seriously and dealt with swiftly.

Continue reading "Workplace Violence Often Leads to Homicide in North Carolina Work Environments" »

A $27,000 penalty has been issued to a Georgia company for safety violations related to the death of a worker at a Greensboro carnival.

Our North Carolina workers' compensation lawyers in Charlotte previously wrote about this tragic incident on our North Carolina Workers' Compensation Lawyers Blog.

Event Coordinators Incorporated, located in Augusta, Georgia was cited by the North Carolina Department of Labor for more than 10 serious safety violations in connection with a fatal accident at a Youth Council carnival that took place at the Greensboro Coliseum Complex.

Monetary penalties per violation ranged from $900 to $3,500. At the conclusion of the carnival, a 42-year-old Columbus, Georgia resident fell to his death from a Ferris wheel while he was dismantling it. Another worker was also seriously injured when a cable broke causing the two men to fall from heightened levels.

According to the N.C. Department of Labor report, a defective fitting on a cable used to dismantle the "Seattle Wheel" caused the tragic accident. The failed fitting allowed part of the Ferris wheel to become free, swinging into a walkway that caused one worker to fall over 40 feet to the pavement. The loose part also hit an elevated bucket lift which dumped out the second worker, who fell more than 25 feet.

Included in the report was that the accidents was caused by 3 broken strands on the cable. Additional safety violations included that 2 other workers plus the ones who fell were performing work at heights which required protective railings and that workers should have been wearing eye protection and hard hats while working with potential overhead hazards.

Here are just a few amusement park/carnival ride accidents that occurred last month as reported by Ride Accidents, a non-profit group that wants to help avoid accidents in the future by identifying the circumstances that caused them.

-A 25-year-old ride operator at the West Virginia State Fair in Charleston was airlifted to a hospital after being hit by a gondola ride. It was reported by co-workers that the operator was using his cell phone and walked into the danger zone of the ride.

-5 people were hurt on a pirate ship ride at Morey's Piers in Wildwood, New Jersey, when a decorative mast broke apart hitting the riders. One of the riders, a 13-year-old girl, sustained serious injuries.

-It took almost an hour for emergency workers to rescue a man that fell while boarding the Corkscrew roller coaster at Silverwood, a theme park in Athol, Idaho.

-A defective metal pin caused a light fixture to fall on a Scrambler ride at a carnival in Tell City, Indiana. Though the 3 hurt riders did not receive life threatening injuries, one young man required more than 70 stitches to his face.

In two separate incidents, one in Tennessee and the other in Pennsylvania, two ride operators were arrested and charge with reckless endangerment. In the Tennessee incident, a 23-year-old Ferris wheel operator was allegedly smoking marijuana at the Putnam County Fair in Cookville. The Pennsylvania incident happened at a carnival in Connoquenessing Township where a 47-year-old ride operator was allegedly drunk while giving carnival goers a ride called the Ring of Fire.

Continue reading "Carnival Company Found Negligent of Fall Accident in Greensboro After Death of a Worker" »

Recently, the Occupational Safety and Health Administration (OSHA) issued an alert cautioning employers and workers about the dangers of certain molded-case rebuilt circuit breakers from Eaton/Cutler-Hammer. These circuit breakers have model numbers E²KM and E²K and were rebuilt incorrectly which can cause them to malfunction.

Our North Carolina workers' compensation lawyers in Charlotte know that defective circuit breakers can cause fires, burns, explosions, shock, electrocution and arc flashes.

It is unknown how many defective units are out there and identifying them is difficult since they look like new or seem properly rebuilt. The manufacturer's specs were changed by the third party rebuilder.

The original Eaton/Cutler-Hammer breakers were part of their E² mining series. The easiest method to determine if you have one of these defective units is to feel with your finger the square portion of the cover near where the circuit breaker handle is.

If this area is very smooth, you most likely have a defective unit. The circuit breaker, if in use, must be taken out of service immediately. The OSHA alert explains that inaccurate voltage ratings are on the covers of the rebuilt circuit breakers.

Since the covers don't meet manufacturer's specs, they may lack safety features like fault and grounding protection to avoid electrical burns, fires and shocks. This presents an extreme risk for injuries to workers in North Carolina using these devices.

A specific instruction to employers on what to do if they have any E²K and E²KM breakers is in the alert. Employers must have an experienced person shut the power off to the breakers, adhere to proper lockout/tagout protocols, and take out of service any defective breaker and swap it with one that is Nationally Recognized Testing Laboratory (NRTL) certified.

Even though the E²K and E²KM circuit breakers are meant to be utilized in mining operations, OSHA understands company's engaged in tunneling operations may buy the same circuit breakers. It is an OSHA requirement that workplaces use OSHA-approved NRTL certified circuit breakers.

Stay safe when working around electricity:

Safety reminders with extension cords
-Never modify cords.
-Always use extension cords that are the 3-wire type.
-Use strain relief fittings, cords and connection devices.
-Never unplug a cord by pulling on the cord.

Electrical Equipment
-Use GFCI's (ground-fault circuit interrupters) on all single-phase, 120-volt, 15 and 20 amp receptacles.
-Use clearly identified double-insulated equipment and tools.
-Check all electrical equipment prior to using. Take out of service any equipment that has missing ground prongs, frayed cords or cracked tool casings.

Overhead and Buried Power Lines
-Always look for overhead and buried power line indicators.
-Always assume that power lines are live and stay at a minimum of 10 feet away from overhead lines.
-When working near power lines ground or de-energize them.
-Never use metal ladders around power lines, use fiberglass or non-conductive wood ladders.

And always remember if the power goes out and you are using a generator never bring it inside. Always turn off the main circuit breaker while the generator is in use and make sure the generator is cool prior to refueling.

Continue reading "Circuit Breakers a Workplace Hazard Leading to Electrocution Injuries of North Carolina workers" »

The Network of Employers for Traffic Safety (NETS) will soon be observing its yearly safety campaign Drive Safely Work Week (DSWW), which reminds workers about safe driving practices.

Last month our North Carolina workers' compensation lawyers in Asheville posted on our North Carolina Workers' Compensation Lawyers Blog that transportation accidents are the leading cause of workplace deaths.

NETS was founded in 1989 and is a non-profit group made up of private and public companies that promotes traffic safety on the job. DSWW is observed nationally during the first week of October, but the campaign's materials can be used year round. Material from the campaign doesn't just focus on what to do to prevent distracted driving incidents when you are the driver, but also for passengers on the job.

Accidents can happen at work both inside the office or warehouse, but also for those who have to drive for a living. Both drivers and passengers can be at risk for these types of workplace incidents, so it's important for everyone to take care when traveling on the job.

The following is some of the informational material DSWW provides for:

Driver
A Virginia Tech driving study indicates that you increase your risk of crashing by 23 times if you are texting; reaching for an object increases the risk by 9 times; and dialing a cell phone puts your risk at 6 times. Here's how you can lower risk for having a distracted driving crash:
-Never text and drive. Put your cell phone in the trunk while you are driving.
-Make sure you and your passengers buckle up and secure objects you are transporting like packages, animals, or personal computers.
-Know where you are going; being lost is very distracting. Use a voice navigation device and never read a map while driving.
-If you can't have your phone out of reach at least have call-blocking technology so calls can't get through until you are done driving.
-Give yourself plenty of following distance and adjust accordingly to changing road conditions.
-Adjust your radio and climate controls before you start to drive and never drive while using headphones. If you happen to be in a rental car make sure you know the locations of the wiper and light controls. Don't try to find them while you are driving.

Passenger
-Be in charge of the driver's cell phone don't let it be a distraction. Try not to make or receive calls when you are a passenger. If you must use your phone make it a quick call.
-If you feel the driver is acting in an unsafe manner, speak up. Hurt feelings are easier to heal than broken bones.
-Never block the driver's view on the right, if they can't see clearly let them know when it is safe to proceed.
-Be the map reader, road sign reader and landmark finder.
-Don't get into serious or drawn out conversations with the driver.

Continue reading "Transportation Incidents a Common Cause of Fatal Work Injuries in North Carolina" »

Our Gastonia workers' compensation lawyers know that safety should always come first in any work environment and yet many employers care more about getting the work done than providing a safe place to work.

Protective equipment like eyewear, ear plugs or back braces can reduce the risk of injury, as well as, making sure work areas remain tidy, items are secured, tools and machinery are powered off when not in use and equipment used to perform job tasks are routinely checked for maintenance and repairs.

The National Safety Council is offering a variety of safety training courses to employees, supervisors and bosses to help reduce the number of work injuries in Charlotte and elsewhere in the country. The NSC is making it more convenient by offering these important courses online in order to help reduce travel cost, time and overall expenses, but still achieve the same knowledge as you would in a classroom setting.

One thing that can reduce the severity of workplace injuries is if everyone on staff is compliant with Occupational Safety & Health Administration's standards on first aid. Employers should require all employees, specifically those who work with tools and equipment, to take the NSC First Aid, CPR & AED Course, which teaches how to perform cardiac and breathing safety procedures in adults, children and infants. It also teaches how to identify illness and injury, how to stop bleeding, and how to prevent the transmission of disease.

Any job that requires a worker to be exposed to blood or hazardous pathogens routinely, like lab workers, paramedics or dentists are at a great risk of exposure and should take the Bloodborne & Airborne Pathogens course which instructs you on what to do if exposure occurs. Employers have a responsibility to not only keep the environment safe but to teach employees the risks involved and how to reduce the risks of exposure to fatal disease or illness during job performance.

Online defensive driving courses are offered to workers who operate a vehicle as part of their job performance. Vehicular accidents are the leading cause of fatalities at work nationwide. Courses are offered for general defensive driving, safe practices for truck drivers, fire truck operators and ambulance drivers responding to an emergency.
The NSC offers over 100 safety training courses online.

The following are a few examples of the courses that are offered and a brief description of what employees can learn.

• Asbestos Awareness: Workers can learn what asbestos are, three common types, diseases caused by exposure, and what symptoms to look for.


• Back Safety and Back Injury Prevention: Two related courses that teach about back injuries, what risks factors are involved, how to lift things properly to prevent back injuries and what posture and body mechanics can help keep your lower back healthy.


• Construction Safety Orientation: All types of injuries can occur at construction jobs so this course teaches about fall and ladder protection, equipment, hazardous areas and what safe practices can be performed to reduce the risk of injury at a construction site.


• Drug Testing Awareness: Teaches employees why drug testing is important, when to report prescription drug use, the advantages of a drug-free work environment and health defects that can occur from drug abuse.


• Eye Safety: Teaches workers what the most common hazards are and what type of protective gear should be worn to prevent vision problems.


• Hand & Power Tools: Since most jobs require some sort of tool to perform a task this class teaches employees how to handle tools, the different types of power tools and how to control hazards.


• Office Ergonomics: Musculoskeletal Disorder is a common risk in office jobs, so this course teaches office workers what ergonomics is, how to prevent problems, what adjustments can be made to your work environment and proper posture.


• Walking & Working Surfaces: This class teaches what hazards to look for like wall openings or floor holes and how to keep your work environment neat and organized to prevent work hazards.

If your employer doesn't offer safety training on site, request to take classes online that pertain to your work environment. It is the responsibility of your employer to put safety first and the NSC online courses are a convenient and cost effective way to teach employees safety through interactive video and real-life simulations.

Continue reading "Online Courses for Job Safety Training Can Help Reduce Injuries at Work in Gastonia" »

The 1991 chicken plant fire that killed 25 people in Hamlet, North Carolina is tragically known as one of the worst industrial accidents in state history. The Charlotte Observer reports that much examination was placed on worker safety at North Carolina jobsites following the deathly tragedy of all those workers killed in the fire.

The Occupational Safety & Health Administration (OSHA) inspectors had never conducted an inspection of the plant where workers died trying to get out from behind locked doors, which is an obvious workplace violation.

Asheville workers' compensation attorneys know that many work injuries go unreported because there is an honorary system in place in North Carolina in which companies need to self-report serious injuries occurring on the job. OSHA inspections are critical in keeping companies running above board and making sure employee safety is maintained at all times. Following the chicken plant incident, OSHA officials started cracking the whip on employers and doubling inspections in fear of a federal takeover of the North Carolina workplace safety program.

Twenty years later, workplace injuries in Charlotte, Winston-Salem, Statesville and elsewhere in the state are a genuine concern because inspections and citations of companies have dropped dramatically. In fact, inspections by North Carolina OSHA are at the lowest level since 2001 and total citations dropped to 10,400 during last fiscal year, which is the lowest amount since 1995. Also to be noted is that staffing at OSHA has not been equally matched with the growth of the workforce in North Carolina.

North Carolina Labor Officials argue that the system is a strong as ever and that workplace incidents fail in comparison to what they were 20 years ago. Moreover, illness and injury rates remain at the bottom end of the spectrum and lower than most other states throughout the country.

A 2008 Observer inquiry found that accountability of injuries and illnesses by workplaces weren't always accurate which skewed the numbers somewhat. The newspaper found that employers who didn't report serious injuries weren't reprimanded and if an inspection wasn't done of the facility then safety violations were more prevalent putting workers at risk. Workplace fatalities increased by 40 percent from 34 in 2009 to 48 reported deaths in 2010.

Willful violations cited by OSHA can be charged with a stiffer fine but inspectors in North Carolina over the last 10 years have handed out less than one of every 1,000 violations as willful which is a rate much less than most states. Seemingly, this is because the NC Labor Department takes on a pro-business approach and companies would face hefty fines if found to be in willful violation. In 2010, financial penalties were reportedly high nationwide totaling $5.9 million.

The average citation in North Carolina last fiscal year was roughly $884, or 9 percent lower than the nationwide average. Labor officials argue that many inspections are done of small companies compared to other states and these companies can't afford stiff penalties, so rules are in place to protect small employers from facing large fines for violations found within their company.

Had an inspection been done of the Hamlet plant prior to the incident, they would have found as many as 80 safety violations. It is no time to become complacent with the number of inspections taking place throughout the state because workers must be protected from potential work hazards. So many lives could have been saved if the doors had been unlocked and employees were able to flee the building safely.

Continue reading "Fewer Willful Violation Citations in North Carolina Leads to High Rate of Workplace Injuries in Unsafe Work Environments" »

The 2010 summary of fatal work injuries was recently released by the workers' compensation attorneys in Winston-Salem want to remind injured workers and their families to fight for the rights you deserve. No injury resulting from a work accident is too small to have medically evaluated because you never know how injuries can be life changing weeks, months or even years later. Documentation of an accident can help in your battle to receive compensation.

Fatal work injuries in Asheville, Gastonia and Charlotte can occur regularly if an employer doesn't put the safety of a worker first, above all else. According to the preliminary report, North Carolina reported 134 fatalities related to work accidents in 2010. The total was more than most other states and a higher recorded tally than in 2009.

Nationwide, there were a total of 4,547 fatal occupational injuries in 2010. When we put that into perspective it is an average of 12 deaths a day. The final report won't be released until 2012 but it is expected the numbers will increase by roughly 3 percent since that has been the case each of the last three years.

It would be nice if we could pinpoint who is most likely to sustain an injury, but the truth is anyone can be involved in a serious or fatal work injury. According to the report, Latino and African-American or black (non-Hispanic) occupational work fatalities decreased, while white worker fatalities were up by 2 percent. The non-Hispanic black or African-American employees showed the biggest percent change with 9 percent fewer deaths than in 2009.

This is the second consecutive year for a decrease among this race as a 21 percent drop was reported in 2009 and a 37 percent decrease has been reported since 2007. Work fatalities dropped by 4 percent in the Hispanic and Latino ethnic group which resulted in the lowest total since 1997. There were a total of 682 Latino and Hispanic work deaths in 2010 of which 63 percent were workers born in another country.

The number of hours worked increased for wage and salary workers but self-employed workers worked 2 percent less than the total hours in 2009. Salary and wage workers reported a 2 percent increase in deaths occurring from a work accident compared to a 6 percent decrease in fatalities reported for self-employed workers from 2009-2010. The total of self-employed work fatalities was the lowest total reported since 1992.

The report indicated that 2010 showed a drop in male fatal injuries but an increase for women who were killed by a work accident. Female work fatalities increased by 6 percent in 2010 which was partially due to the 13 percent increase in female homicides and violent acts taking place at work. The three age groups that presented an increase in work fatalities were 17 and under, 25-34 year-olds and 55 years-old and higher. All other age groups reported lower totals for 2010.

The Top 5 fatal industry sectors reporting occupational injuries are:

• 780 fatalities occurred in construction jobs, which was about 17 percent of work fatalities for 2010.


• 657 injured workers died in warehousing and transportation, or 14.4 percent of total work fatalities in 2010.


• 600 workers died in hunting, fishing, forestry or agriculture jobs comprising 13.2 percent of total fatalities.


• 373 professional and business services workers died from a work accident which equates to more than 8 percent of work fatalities.


• 324 employees died at manufacturing-related jobs in 2010 or 7.1 percent of total occupational fatalities.

"As our economy continues to strengthen and the workforce expands, we at the Department of Labor will remain resolute in our mission to ensure that safety is not sacrificed as America's workers provide for themselves and their families," said U.S. Department of Labor Secretary Hilda L. Solis. "My constant focus is 'good jobs for everyone,' and safety is an essential part of that equation."

Continue reading "Experienced North Carolina Law Firm Can Help with Complicated Workers' Compensation Claims in North Carolina, South Carolina" »

The Bureau of Labor Statistics recently released the 2010 Preliminary Summary for Fatal Occupational Injuries. Gastonia workers' compensation lawyers are concerned about the high numbers already reported because they will likely go up when the final work fatality report is released in the Spring of 2012.

In fact, the last three years have shown a 3 percent increase from preliminary numbers to the final count which would put us well over the national work-related death count of 2009 which came in at 4,551.

As economic stability continues to play a significant roll in death tolls at work, fatal work injuries in North Carolina remain a concern because so many industries can be considered dangerous if employers don't take proper safety precautions to keep workers safe. So many jobs require climbing, operating large equipment, handling chemicals, or work transportation to perform duties succinctly which often put workers in grave danger.

More than 4,500 employees died from a work-related accident or injury in 2010. The fatal injury rate for all occupations in 2010 was 3.5 per 100,000 workers. The 10 occupations that had fatal injury rates at least 5 times higher than the average and reported the highest rate of fatal occupational injuries per 100,000 workers nationwide were:

-Fisherman and fish-related jobs: 116
-Workers in the logging industry: 91.9
-Flight engineers and pilots on aircrafts: 70.6
-Ranchers or employees working on farms: 41.4
-Operators of mining machines: 38.7
-Roofers: 32.4
-Recyclable materials or garbage collectors: 29.8
-Truck drivers or sales workers that require transportation to perform duties: 21.8
-Workers who install, repair or maintain industrial machinery: 20.3
-Law enforcement including sheriffs or police officers: 18.0

Let's take a look at work injuries categorized by incident as reported in the 2010 Fatal Occupational Report Summary.

Transportation: There were a total of 1,766 transportation incidents while performing a job responsibility which resulted in death in 2010, or almost 2 out of every 5 fatal work injuries were transportation-related. North Carolina reported 43 fatal transportation accidents at work.

Exposure to harmful environments or substances: Nationally, there were 409 deaths reported while at work. North Carolina reported 15 occupational deaths from exposure to hazardous substances or harmful environments.

Contact with equipment and objects: More than 730 workers were killed on the job by equipment or being struck by an object nationwide in 2010. North Carolina reported 23 workers killed by objects or equipment at work.

Falls: North Carolina reported 22 fatal falls at work compared to the total death count of 635 nationwide in 2010.

Workplace Homicides: Almost 18 percent of deaths occurring at work were related to assaults or violent acts. Homicidal incidents for women rose 13 percent in 2010 despite the overall decrease. There were 808 homicide deaths at work nationwide compared to 23 reported fatalities in North Carolina.

Fires and Explosions: North Carolina didn't report any deaths from fires or explosions in 2010 but there were 187 deaths nationwide from these types fatal work accidents.

No work environment is completely safe and free from hazards, so employees are encouraged to use caution every day at work. If you are aware of something hazardous at work, report it to a boss or supervisor to reduce the risk of injury to yourself or other co-workers.

Continue reading "Wide Variety of Work Environments Deemed Dangerous; Employers Need to Protect Workers from Injury in North Carolina" »

U.S. Department of Labor Secretary Hilda L. Solis recently commented on the recent release of the 2010 fatal occupational injuries report by stating "No worker should have to sacrifice his or her life to earn a living."

Our Greensboro workers' compensation attorneys couldn't agree more knowing that 134 North Carolina employees died at work in 2010.

Fatal work injuries in Charlotte, Asheville and elsewhere in North Carolina occurred at a rate of more than 11 per month, on average, last year. Workers may think they work in a safe environment but it is the employer's responsibility to make sure of that. Work environments should be hazard free from fall accidents, exposure to harmful substances, struck-by accidents and incidents related to transportation among others.

The Census of Fatal Work Injuries report for 2010 offered the following national preliminary key points:

• There were an initial total of 4,547 work injuries resulting in death reported in 2010, which was roughly the same as the final count of 4,551 in 2009. The 2010 total could still go up as there have been an average increase of 3 percent in final totals after the preliminary report was released the last three years. The final numbers will be released in Spring of 2012.
• Police officer fatalities rose 40 percent nationwide. The 2010 total was 134 compared to a total of 96 deaths in law enforcement in 2009.
• A decline of 9 percent less fatal work injuries was reported for African-American or non-Hispanic black workers in 2010 compared to an increase of 2 percent fatal work injuries for non-Hispanic white workers.
• Homicides taking place at work declined overall by 7 percent nationwide which equated to the fewest every recorded but female workplace homicides rose by 13 percent in 2010.
• There were more than twice as many work-related deaths caused by fire incidents in 2010 when compared to 2009. The 2009 total was 53 but rose to 109 in 2010. The 2010 total was the highest recorded since 2003.
• The private construction sector showed a decrease in workplace fatalities by 10 percent from the previous year. There has been a significant decline in fatal injuries by almost 40 percent since 2006 when construction jobs were at a peak.
• The private mining industry's workplace fatalities almost doubled from 2009 to 2010. There were 99 fatal injuries in private mining in 2009 compared to 172 in 2010 equaling an increase of more than 70 percent. There were multiple death-related incidents from both the Deepwater Horizon oil rig and Upper Big Branch Mine which boosted these numbers significantly.
• Additionally, the work injury rate for deaths in mining rose to 19.9 per 100,000 FTE's in 2010 from 12.4 per 100,000 in 2009.
• Wage and salary work fatalities rose 2 percent in 2010 in comparison to the 6 percent decrease in work deaths by self-employed workers.
• Transportation incidents proved to be the most fatal for North Carolina workers in 2010. There were 43 fatal transportation accidents, 31 violent acts and assaults at work, 23 fatal work injuries related to contact with equipment or objects, 22 fatal fall accidents and 15 instances where exposure to a harmful substance killed an employee.

Continue reading "More Fatal Work Injuries Reported in North Carolina in 2010 Compared to Last Year" »

Recently an article was written about the state of Montana's workers' compensation system. Big business is outraged that their state ranked first in workers' compensation premium rates, which in 2010, were 163 percent greater than the national average.

Our North Carolina workers' compensation lawyers in Hickory know in that same study North Carolina ranked 23rd -- or right down the middle of the road. And in 2008 we were ranked 22nd.

Montana lawmakers backed by big business were crying that the state was losing businesses due to high workers' compensation premiums. This should sound familiar as we have posted repeatedly on our North Carolina Workers' Compensation Lawyers Blog about changes to North Carolina's workers' compensation system pushed by big business looking to maximize profits at the expense of its workforce.

The article highlights a recent Montana workers' compensation case where an employee at a tourist attraction smoked marijuana just prior to feeding a grizzly bear. He was mauled by the bear and was awarded compensation for his medical bills totaling roughly $35,000.

The truth of the matter is workers' compensation is a system put in place to protect employers as well as employees. By virtue of workers' compensation, employees give up their rights in most instances to pursue a personal injury lawsuit. In return, they do get to collect regardless of whether they are at fault. Yes, even if they smoke a joint and are attacked while feeding a grizzly bear.

Nothing says the company can't drug test. And they are free to hire and fire employees based on their ability to exercise reasonable judgment in the workplace. We can certainly find many, many cases of horrific abuses on the part of employers. It's just that there is no lobby paying millions of dollars to publicize them.

Recent changes to Montana's workers' compensation system included a five year cap on medical benefits, taking away a worker's choice of doctor, permanent partial benefits were eliminated for certain injuries, hospital and doctors' fee schedules were frozen and limits were placed on employer's liability for injuries occurring not at the workplace during breaks or when engaging in personal business. Do some of these ring a bell? They should because North Carolina lawmakers wanted similar changes.

Each state has its own workers ' compensation system that varies greatly with basically no federal standards or involvement. Dating back to the 1970's, it was thought that there should be federal standards. Fearing federal involvement, a number of states raised benefits to injured workers to keep that from happening. Since the 1990's, states have been moving backwards favoring big business over injured workers -- and that includes North Carolina.

Texas is the only state that doesn't require employers to have some kind of workers' compensation insurance for their workers. Oklahoma completely overhauled their workers' compensation law this year that partially benefited injured workers. It hopes the injured worker will have less aggravation getting approval for medical claims and medical treatment. By establishing treatment guidelines employers and insurance companies won't be able to delay care to injured workers.

Continue reading "Despite Big Business Contentions - Injured Workers Deserve Fair Compensation in North Carolina" »

The United States Army's Fort Bragg base issued 37 health and safety violations by the Occupational Safety and Health Administration after an inspection that was performed under OSHA's Federal Agency Targeting Inspection Program (FEDTARG), according to a recent press release.

Our North Carolina workers' compensation lawyers in Asheville know that FEDTARG is a program designed to inspect federal agency job sites that have a large number of cases involving time lost as a result of accidents. Federal agencies must adhere to the same safety standards as everyone else and must ensure a safe work environment for employees.

The base was cited for two repeat violations involving abrasive wheel equipment hazards. Work rests and tongue guards were either missing or not adjusted properly, which could lead to workers being exposed to shrapnel if the abrasive wheel shattered. Because the Frankfort, Kentucky base had been cited previously for these same issues less than five years ago, a repeat violation was issued.

A total of fourteen serious violations were found including:
-Missing guard rails causing a potential fall hazard to workers.

-Kickback protection missing from a ripsaw.

-Machine guards were missing from a crosscut table saw and a lower section blade.

-There were no lockout/tagout protocols.

-Employees working on electrical pop-up targets weren't given proper training on dangerous energy sources.

-Dangerous energy source training was lacking for workers engaged in fixing mechanical targets.

Electrical dangers included:
-A multi-outlet power strip was fastened on a wall and was in use.

-Electrical panels had missing markings.

-Extension cords had missing ground plugs.

-Covers were missing from junction boxes.

-Flexible cords were used instead of fixed wiring.

-Workers didn't have personal protective equipment while working on electrical panels.

-Training was lacking for workers regarding electric arc flash protection.

-A qualified worker didn't test equipment ensuring that the electrical paths were without energy prior to an unqualified worker being exposed to them.

OSHA discovered three serious health violations that included poorly lit exit routes, combustible and flammable material were in areas where workers were permitted to smoke and there was no documented hazard communication plan.

During the inspection OSHA also found one other-than-serious safety violation issued because an electrical panel was obstructed by a pallet and 17 other-than-serious health violations. The health violations consisted of five occurrences of not correctly logging illnesses and injuries on OSHA's 300 log during 2006 to 2010 and five cases of not certifying OSHA's 300 log from 2006 to 2010.

The rest of the violations included restrooms that did not have soap and hot water; fire extinguishers that did not have yearly maintenance checks nor were they installed correctly; workers who were not certified to operate powered industrial vehicles. Additionally, workers did not get information about the hazards of working with lead.

OSHA is in charge of the inspection of federal agency locations but private sector inspections are the responsibility of North Carolina. Executive Order 12196 states that federal agencies are required to obey the identical health and safety standards as the private sector. Federal agencies are given notices and can not be fined, where as the private sector are given citations and receive proposed monetary penalties for unsafe working conditions.

Continue reading "Safety Violations at Fort Bragg puts North Carolina Military Workers in Danger" »

August brings the start of harvest season in North Carolina so the Occupational Safety & Health Administration recently issued an alert to farmers to protect employees from grain bin engulfment. Suffocation is a common hazard that can lead to grain bin injuries or deaths in North Carolina.

Statesville farm accident attorneys know farming is among the state's most dangerous occupations. The number of farm accidents spike each spring and fall during planting and harvesting season.

"Suffocation from engulfment is the leading cause of death in grain bins and the number of tragedies continues to climb," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "They can be avoided if owners and operators use well-known safety measures that are proven to prevent workers from being killed or seriously injured."

Last year, Purdue University reported 26 fatalities from grain bin engulfments. There were a total of 51 workers engulfed in grain bins in 2010, which is the highest of any year that has been recorded.

Several life threatening injuries can be sustained in grain bins which include: falls; explosions or fires caused by an accumulation of grain dust; suffocation; amputations from operating grain machinery; or crushing injuries either from entrapment or from being pinned against equipment. Grain bins are dangerous because harvesting often means an employee needs to climb inside to store commodities like wheat, corn or oats. Grain storage can feel like quicksand and have a downward gravitational pull which causes workers to be pulled under the surface.

Three recent fatalities in June have prompted OSHA to issue a hazard advisory to grain bin workers and their employers during the height of crop season. According to the OSHA Hazard Alert, grain bin workers can become engulfed and suffocate from the following situations:

-The weight of a worker that stands on flowing or moving grain is too great to substantiate the support which causes them to sink into the grain due to the flow to the outlet that the grain takes under pressure. A worker that is approximately 6 feet tall takes roughly 11 seconds to become engulfed and only 5 seconds to become in danger of entrapment.

-When grain clumps together it is called bridging which is often created by mold or moisture getting into the grain. Bridged grain is not sturdy enough to hold the weight of the worker but also does not flow to open space like grain normally does which can lead to a caving in effect when a worker steps on a bridged grain area. Caving causes an avalanche effect which can bury and suffocate an employee rather quickly.

-Walls of grain are unsafe, despite how sturdy they look. Grain from the wall can often be loosened from the outside causing a caving effect onto a worker standing in the grain bin.

-Oxygen levels can become unsafe inside a grain bin. Lack of oxygen or other hazardous gases inside a grain bin can cause an employee to suffocate.

OSHA wallet card for grain safety offers some simple tips to save lives. Before workers enter a grain storage bin they should check with the employer to make sure all safety precautions have been taken. Employers should provide workers with a harness or boatswain chair and always have rescue equipment on hand, as well as a trained observer in constant contact with the employee working inside the grain bin. Air should be tested for flammable gas or toxins inside the bin before entering. Always disconnect or turn off powered equipment like an auger before climbing inside the grain bin. Lastly, don't walk on bridged grain or knock it down to make it flow.

For more information about Grain Handling Facility standards visit OSHA's website.

Continue reading "Grain Bins a Suffocation Hazard for Farm Workers in North Carolina" »

It has been a long, hot summer so our North Carolina Workers' Compensation Lawyers Blog has been trying to keep you posted on the dangers of heat stress at Asheville jobsites or heat illnesses related to outdoor and indoor jobs throughout the state.

Winston-Salem workers' compensation attorneys know that thousands of workers risk their lives every day while working in prolonged heat exposure, which can lead to heat exhaustion or heat stroke.

We remind you of a fatal incident involving a tobacco farmer in North Carolina, who had been working out in the fields in temperatures between 100 and 110 degrees. According to the Centers for Disease Control and Prevention, the worker complained to the crew chief of feeling ill and within an hour he was found unconscious.

After being transported to the hospital, medical professionals found his core body temperature registered at 108 degrees before later pronouncing the farm employee dead.

This incident and thousands of others have raised awareness about what can happen if a worker stays out in the heat for too long or fails to get enough hydration. The Occupational Safety & Health Administration reports that there were over 30 deaths attributed to work related heat stroke in 2009. High heat illness rates are reported in many industries, including airline and baggage workers, workers on the farm, landscapers, roofers and construction workers to name a few.

Secretary of Labor Hilda L. Solis released information recently about a new mobile device application offered free to workers and managers that can bring work site heat index information right to your phone. It is currently available to Android users and will soon be available to Blackberry and iPhone subscribers.

"Summer heat presents a serious issue that affects some of the most vulnerable workers in our country, and education is crucial to keeping them safe," said Secretary of Labor Hilda L. Solis. "Heat-related illnesses are preventable."

The phone application will combine heat index (heat temperatures and humidity) information with the phone subscriber's location and determine if preventative measures should be taken. The application will offer the necessary precautions to be taken which may include rest breaks, drinking more water or changing a planned work activity. Other information included on the app are signs or symptoms to look for related to heat stroke and heat exhaustion and what first aid can be conducted to help save a life or prevent further illness.

Supervisors and workers can contact OSHA directly right through the phone application.

To download the free Heat Safety Tool application to your phone, click here.

Not only are employers responsible for providing their workers with plenty of rest breaks, cold water and shaded areas to escape the heat, they are required to have an emergency plan in place if heat illness sets in during work hours. Providing training to employees on what symptoms to look for is key in reducing the number of heat illness cases on the job.

Other recommendations include:
-Develop a hydration plan which can encourage workers to stop at recommended intervals to get a drink of water. Providing water at their fingertips will also increase the likelihood that they will stop for a drink.

-Check weather conditions routinely and adjust job duties to avoid the hottest part of the day.

-Workers just joining the crew need to be acclimated slowly so have a plan in place that gradually exposes new workers to difficult tasks in high temperatures.

-Promote health and safety at work by rewarding employees who use common sense and protect themselves from work dangers.

The workers' compensation attorneys at the Lee Law Offices, P.A are dedicated to protecting workers and their families injured at work in North Carolina. If you need to file a claim, or need advice about an injury sustained on the job, contact the firm at 1-800-887-1965 for a free appointment to discuss your case.

More Blog Entries:
Outdoor Jobs Create High Risk of Heat Illness for Winston-Salem Workers, North Carolina Workers' Compensation Lawyers Blog, June 20, 2011.

Safe Work Environments can Reduce Risk of North Carolina Work Injuries, North Carolina Workers' Compensation Lawyers Blog, June 17, 2011.

Failure to Train Employees Can Lead to a High Risk of Injury in North Carolina Work Accidents, North Carolina Workers' Compensation Lawyers Blog, July 1, 2011.

Our workers' compensation lawyers in Gastonia and elsewhere want you to know how complex a workers' compensation case can be and how important it is to hire an experienced attorney for your North Carolina work-related accident or illness.

Here is a summary of Blakeney v. Blythe Construction Inc., a recent case from the North Carolina Court of Appeals. We will illustrate the complexities and the length of a typical workers' compensation case.

Let's review how this case started:
The Plaintiff started working for a construction company at the end of September of 2007. His job duties included removing stumps and operating a large roller machine that is used to compact asphalt and dirt. About two months into the job the Plaintiff's roller machine crashed into a fuel truck. It was a slow speed crash that caused no damage to either vehicle. The Plaintiff notified his supervisor right after the crash that he was not injured. The Plaintiff was fired and ordered home after this accident because he had been warned after a previous accident with the roller machine. Later in the day the Plaintiff went to Carolinas Medical Center-Union (CMC-Union) emergency room with a complaint of back and neck pain. The Plaintiff had x-rays taken and was given a diagnosis of cervical and back sprain/strain. He was given medications of Vicodin and Flexeril and was discharged without restrictions. The Plaintiff went to the emergency room 3 times between December 2007 and February 2008. At the December visit he was again given the diagnosis of a back sprain/strain and no additional medications were given. He was sent home with no restrictions. At the January visit he was given medications of Flexeril and Toradol for a lower back pain/injury. Kidney stones were the diagnosis at the February visit which was found unrelated to the November 2007 incident.

Further medical exams:
On the advice of his attorney the Plaintiff went to another doctor in April 2008 who performed a thorough exam that concluded with a diagnosis of back and neck strains. Anti-inflammatory medication was prescribed to relieve the swelling and pain and the doctor ordered an MRI. The Plaintiff did not show up to his follow-up appointment in May and it was later determined it was due to him being incarcerated. The Plaintiff continues to have lower back discomfort but the doctor does not give a disability rating to the Plaintiff's back. A few months short of the 1 year anniversary of the accident the Plaintiff gets a second opinion. After a complete medical exam the doctor assigns a 4 percent permanent partial disability rating.

Filing for compensation and appeals:
A Form 18 was filed by the Plaintiff in January 2008 letting the Defendant know he was injured from the accident that happened at work in November 2007. The Defendant in late October of 2008 denied the workers' compensation claim. A hearing was requested by the Plaintiff with the Industrial Commission because he felt he should be getting compensated for the permanent partial disability, medical expenses and missed days from work. The Deputy Commissioner in early December of 2009 gave an Opinion and Award that denied the Plaintiff compensation because he did not prove with medical evidence that the injuries he has were the result of the November 2007 incident. The Deputy Commissioner's Opinion and Award was appealed by the Plaintiff. But the Full Commission sided with the Commissioner and the Plaintiff was denied compensation.

The Full Commission Opinion and Award was appealed by the Plaintiff for the following:

-the Commission wrongly applied the inaccurate legal standard when deciding that he wasn't allowed compensation for medical care after January 2008;

-the Commission's findings of conclusions and facts of law aren't maintained by competent proof in the record;

-the Commission was wrong by failing to decide that the Plaintiff had a right to payment pursuant to N.C. Gen. Stat. § 97-31 (2009);

-the Commission wrongly failed to disclose facts regarding the Plaintiff's complaints of discomfort in deciding the existence of a disability;

-the Commission was wrong by not finding that the Defendant didn't have reasonable grounds to defend their action;

-the Commission erred by not assessing attorneys' charges against the Defendant pursuant to North Carolina General Statute § 97-88.1 (2009).

After review the court sides with the Full Commission and the Plaintiff is denied compensation for his injuries. Whether the Plaintiff in this case had a strong case is irrelevant. What's important to take away is that these accident cases can be complex and may last for years. Consulting an attorney as early as possible in such cases can help prevent you from being denied benefits.

Continue reading "Blakeney v. Blythe Construction Inc. North Carolina Workers' Compensation Case Illustrates Need for Experienced Law Firm " »

A past employee from the Norfolk Southern Railway Company will be paid $122,199 in punitive and compensatory damages plus reasonable lawyer's fees, the Occupational Safety and Health Administration has announced. The company infringed on the worker's rights in a whistleblower case. The government contends the company violated the Federal Railroad Safety Act by firing the worker for disclosing an injury that occurred while at work in 2009.

Our North Carolina Federal Railroad Safety Act attorneys recently posted to our North Carolina Workers' Compensation Lawyers Blog about recent changes to OSHA's Whistleblower Protection Program.

The worker was originally hurt in Jamestown, North Carolina in May of 2009. His injury occurred when he was trying to take out a spike on the rail line. Afraid of losing his job, the employee didn't report his injury. Then in October he was re-injured and management suggested he see a doctor. Following the worker's return to work, he received a suspension and was later fired because he allegedly falsified the injury. After his termination the worker sent a grievance to OSHA. An investigation by the agency concluded that the worker's rights were violated under the Federal Railroad Safety Act (FRSA) and the company was successful in intimidating other workers from disclosing at work injuries. These practices enabled Norfolk Southern Railway Company to continue the look of having an excellent safety record. This continued their 22 years in a row streak of receiving the E.H.Harriman Gold Medal Rail Safety Award.

The decision by OSHA gave the previous worker, who currently lives in Greensboro, damages for suffering and pain and lawyer's fees that were deemed reasonable. Due to the company's disregard to the worker's rights under FRSA, $75,000 was awarded to the victim in this case. An appeal can be filed by either party to the Labor Department's Office of Administrative Law Judges. The company was also told to delete the disciplinary documentation of the worker. Also, notices will be posted for all to see about the whistleblower protection rights under the FRSA.

Located in Norfolk Virginia, the Norfolk Southern Railway Company is a significant transporter of coal and merchandise traveling to container ports in eastern states. The company has 30,000+ union workers.

The Federal Rail Safety Act (FRSA), 49 U.S.C. Section 20109 defends railroad workers who work in certain "protected activities" related to foreign or interstate commerce, subcontractors or contractors of railroad carriers, and officers and/or workers of railroad carriers. The FRSA forbids firing, demoting, suspending, disciplining, reprimanding, intimidating, denying promotion and/or benefits or any form of discrimination or retaliation against any worker working in certain "protected activity." It also bans delaying or obstructing an injured railroad worker's medical care.

Examples of a worker performing a "protected activity" include:
-Reports a work related illness or injury pertaining to them or a co-worker.
-Gives information about any railroad accident or injury.
-Reports a violation of a federal rule, law or regulation associated with railroad security or safety.
-Reports a gross waste, fraud or abuse of public funds meant for use in transportation security or safety.
-Declines to violate or help to violate a federal regulation, law or rule pertaining to railroad security or safety.
-Won't work where hazardous security or safety conditions exist.
-Refuses to allow the using of unsafe railroad track, equipment or structures.
-Cooperates with Homeland Security, NTSB or FRA by testifying about a security or safety investigation.

To find out more about whistleblower rights visit OSHA's website.

Continue reading "Worker from Greensboro Awarded $122,199 for Injury Claim Against Railroad Company" »