May 18, 2014

Top Risks for South Carolina Construction Workers This Summer

A South Carolina construction worker lost his life at the end of last year when he was struck in the head by a piece of iron. According to South Carolina Radio Network, the worker was removing steel beams when a 30-foot piece of steel tumbled seven feet and hit him in the head. untitled-1428039-m.jpg

This death was one of many similar fatal accidents that befell construction workers. In 2011, there were 81 worker fatalities in South Carolina, according to the Bureau of Labor Statistics. In 2012, there were another 62 worker deaths. Eight workers were killed in falls and six were killed when they came into contact with objects or equipment, like the man hit by the falling steel.

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May 15, 2014

Staffing Agency Responsibilities for Temporary Workers

The Occupational Safety and Health (OSHA) Administration has made protecting America's temporary workers a leading initiative. The use of temporary workers has grown in a shifting economy, giving employers the ability to manage workflow through temp agencies. While this trend has given business owners flexibility and created a billion dollar industry for staffing agencies, workers may be losing out on important rights and benefits.


According to OSHA, temp agencies must treat temporary workers as they treat existing employees. That means that agency employers are responsible for ensuring compliance with OSHA standards. Our Greensboro workers' compensation attorneys are dedicated to helping workers recover compensation after suffering a work-related injury. We are also committed to staying abreast of developing issues at the state and federal level that impact North and South Carolina workers. Our priority is to ensure keep safe working conditions to prevent future injuries and to help victims and their loved ones recover the compensation they deserve.

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May 14, 2014

How Does Obesity Weigh In Workers' Compensation?

Every employee enters a worksite with varying degrees of health problems. For some, health issues, including obesity can increase the chances of workplace injury.

According to a report published by Johns Hopkins Bloomberg School of Public Health, individuals with a body mass index (BMI) in the overweight or obese range has an increased risk of traumatic workplace injury. How does this impact the right to workers' compensation or third-party injury claims?

The short answer--it doesn't.


Workers' compensation is entitlement for all employees who are injured while in the course of performing work-related duties. Even if you are injured as a result of your own negligence or health issues, you are still entitled to workers' compensation benefits. Our Asheville workers' compensation attorneys are committed to raising awareness to protect employee rights and improve workplace safety. Our priority is to help keep workers safe and to reduce the number of accidents, while also helping victims and their loved ones collect full compensation in the event of injury or wrongful death.

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May 11, 2014

Is Cell Phone Tower Climbing America's Most Dangerous Job?

Nationwide, American workers perform dangerous and even life-threatening feats to complete their jobs. While many workers will head to the security of an office, others face higher stakes when on the clock.

What is the most dangerous job in America? We already know that construction, industry, farming and fishing are hazardous, but cell phone tower climbing and maintenance is a burgeoning industry that has led to an alarming number of accidental deaths. For workers in this dangerous industry, the risks are high, in part because cell phone carriers and tower owners aren't taking responsibility for complying with safety protocols.


According to OSHA reports, there are 10,000 workers in the tower-climbing business, which is now being called the most dangerous job in America. Now federal safety watchdogs are changing the way they investigate and designate responsibility in the event of an accident. Our Asheville workers' compensation attorneys are dedicated to protecting the rights of injured workers and helping victims collect benefits. We are abreast of safety issues and concerns that impact America's workers, including legal developments and regulatory changes. According to reports, OSHA has been spurred by the high number of accidents involving cell phone tower climbing and is working to hold entities accountable.

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May 7, 2014

Fourth Circuit: Miner's Widow Should Receive Black Lung Benefits

The U.S. Court of Appeals for the Fourth Circuit, which oversees North Carolina, has vacated an earlier ruling denying a coal miner's widow benefits for "Black Lung." Formally known as pneumoconiosis, the victim argued the condition was the result of his employment.
The decision in Collins v. Pond Creek Mining Co. settles a long-running claim, and may help pave the way for future claims.

Black Lung Benefits are filed under state workers' compensation laws, and can be done with the help of an experienced Asheville workers' compensation lawyer.

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May 5, 2014

Steel Foundary Fined $2.4 Million for Safety Violations

Rampant health and safety violations at four plants owned by Republic Steel have resulted in a fine of more than $2.4 million against the company. Officials with the U.S. Occupational Safety & Health Administration reported the hefty fine is the result of more than 100 violations at the firm's various plants, including a fall through a roof, an arc flash incident and a plethora of serious fall hazards.
Charlotte work injury lawyers understand the company has agreed to immediate abatement of all existing hazards, and the implementation of several policies and procedures to ensure those risks don't arise again. In the event of substantial non-compliance with any part of the agreement, the company agreed to pay even larger fines.

OSHA began intense inspections of the Ohio-based firm after a worker fell through the roof at one factory location. At that same location, a worker was injured in an arc flash incident. At another site, the number of fall hazards were high, according to safety inspectors.

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May 2, 2014

Restaurant Worker Slip-and-Falls in South Carolina

Spartanburg workers' compensation lawyers note a slip-and-fall work injury case recently made it all the way to the Oklahoma Supreme Court, which vacated two earlier conflicting rulings on the standard for disability determination.
The case, Kentucky Fried Chicken of McAlester v. Snell, would have been fairly straightforward, but for that standard of review.

The case presents an opportunity to talk about a larger issue, which is workplace slip and fall hazards in restaurants.

The Occupational Health & Safety Administration reports falls cause 15 percent of all accidental, work-related deaths (second only to motor vehicle crashes). The specific risks vary depending on the type of work environment. For example, the fall risks on a construction site are going to be very different from those at a restaurant, but can pose equal dangers if not addressed.

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April 30, 2014

Workers' Compensation for Carpal Tunnel Requires Clear Evidence

Workplace injuries don't always occur suddenly or traumatically. Injuries can happen gradually, often with little notice paid by the worker in the months or years leading up to the realization that something is wrong.
Still, the impact of these types of injuries is often no less debilitating, as the recent case of Evans v. Fidelity & Guar. Ins. Co. reveals.

Workers' compensation attorneys in Concord recognize that in order to secure benefits for clients in these situations, it often takes more time and work on behalf of the claimant. It's critical to establish that the origin of the injury - or its worsening condition - is the result of work duties.

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April 27, 2014

OSHA Issues $2.3M Fine for Worker Asbestos Exposure

Federal regulators slapped a real estate management and development firm with more than $2.3 million in fines, after determining the company intentionally exposed its own employees, as well as 13 contractors, to asbestos and lead hazards.
The exposure occurred during a renovation and cleanup of an old psychiatric center in New York, as the company prepared to have investors tour the site.

Spartanburg workers' compensation lawyers know that while asbestos isn't typically used anymore as a construction material, it was widely employed in a broad range of products for the majority of the 20th Century - even though manufacturers knew of its dangerousness. That's why both state and federal authorities now have very specific rules about how its should be handled and disposed.

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April 26, 2014

Court: Mental, Emotional Injuries of Workplace Violence Compensable

Emotional and mental turmoil resulting from workplace violence can be debilitating, in some cases manifesting in the form of a chemical dependency. As such, the Nebraska Supreme Court ruled in Kim v. Gen-X Clothing, Inc., that the resulting treatment for such dependency should be compensable.
Asheville workers' compensation lawyers recognize this ruling as important because it represents a shift in attitude with regard to our understanding of chemical dependency. Specifically as it pertains to workers' compensation, treatment for chemical dependency can be covered when the claimant can show it is directly related to a traumatic workplace incident.

That's not to say it will be an easy win, but this case shows it is possible.

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April 23, 2014

Remote Workers Face Additional Work-Injury Risks

Many workers do dangerous work off-site and in locations distant from their employer's main place of business. For example, utility and cable repair workers are often out in the field, as are those responsible for cell phone tower maintenance. tower-1334864-m.jpg

When an employee works remotely, it makes it harder for an employer to set and enforce safety rules. Remote workers are more autonomous and may not always follow an employer's strict guidelines. Further, employers cannot supervise a worker who is out in the field and may be unable to provide adequate training or safety equipment to reduce the risk of injury or death.

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April 21, 2014

Whistleblower Protection and Worker Discipline

The Occupational Safety and Health Administration (OSHA) has the responsibility of regulating safety on worksites and has the authority to set rules designed to protect workers. OSHA has too few inspectors and too tight of a budget to be as effective as it should be at doing this job. Because of understaffing, OSHA cannot inspect businesses frequently and companies could get away with safety violations for years. fire-hydrant-booster-and-pipes-1434480-m.jpg

Things got worse at OSHA recently when the agency had to cut its budget due to the federal sequester. However, amidst the cuts, OSHA increased its resources for investigating whistleblower cases. Whistleblower cases let employees, those most likely to be aware of safety problems, come forward and provide information about violations or wrongdoing on the part of employers.

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April 20, 2014

Noisy Worksites Make for More Accidents

When coworkers can communicate effectively with each other at work, many accidents on-the-job can be prevented. For example, a coworker could warn his peers of hazardous conditions or do something as simple as shout "look out," in order to stop an imminent accident from happening. Unfortunately, in some workplaces, it is difficult for people to communicate as a result of excessive noise. hearing-impaired-1016277-m.jpg

Excessive noise can result in damage to a worker's hearing that never goes away. A Spartanburg, SC work accident lawyer can represent victims who suffer hearing losses because of loud worksites and help them to make workers' compensation claims. The hearing problems and potential deafness may not be the only issue that workers on loud job sites face either, as a new study reported on in Canadian Occupation Safety suggested that both hearing loss and loud workplaces may increase the risk of all types of workplace accidents.

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April 16, 2014

Parking Lot Injuries and Workers' Compensation Claims

One of the more common areas for the occurrence of North Carolina work injuries are parking lots and parking decks.
Employees traverse them every day, and yet our Greensboro workers' compensation lawyers know these sites seldom receive the same maintenance as the company's interior structure. This is especially true when the lots aren't open to the public. Employee parking lots are frequently the site of back-over accidents, slips, trips and other injuries.

It's been held by many courts and workers' compensation boards in numerous jurisdictions that employees injured in work parking lots are entitled to receive benefits. Of course, there are always exceptions, and a number of factors can play into the decision. These include elements such as lot ownership and maintenance, the on-the-clock status of the worker, whether work equipment was involved, etc. As the recent case of Hersh v. County of Morris reveals, these matters can be complicated. In fact, this case made it all the way to the New Jersey Supreme Court before a conclusion was reached, indicating this was an issue for which both sides felt it worth a fight.

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April 13, 2014

Workers' Compensation for Employees in Transit

There are some Spartanburg workers' compensation claims in which establishing causation or employer liability is fairly simple. These are cases where the worker was clearly at the job site, on the clock and suffered injury in the midst of the work day.
However, in situations where employees travel or are in between job sites, the question of whether an injury is compensable becomes more complex. Motor vehicle travel is one of the most dangerous modes of transportation, so it's unsurprising that we see so many disputed workers' compensation claims arising from these scenarios.

In the case of Carson v. State ex rel., Wyo. Workers' Safety & Comp. Div., the issue before the Wyoming Supreme Court was whether injury and death sustained in a car accident had occurred in the course of employment.

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