North Carolina Workers' Compensation Lawyers Blog

The Bureau of Labor Statistics continues to report that transportation accidents are the leading cause of fatal on-the-job injuries in the United States.

Our Winston-Salem workers' compensation attorneys know often we think of commercial trucking accidents when we think of these types of crashes. But it's not just tractor-trailers. Postal employees, pizza delivery, and that fender-bender on your way to Staples to pick up supplies for the office are all included in what the government terms transportation accidents.

In recent years, safety advocates have encouraged employers to create safe-driving policies and take other steps to help protect employees on the road. The U.S. Department of Transportation has issued rules forbidding all bus and over-the-road truckers from using hand-held cell phones or text messaging behind the wheel. And, upon taking office, President Obama signed an executive order prohibiting federal employees from using cell phones to make calls or send text messages while driving.

Still, far too many employees are expected to multitask -- and that often includes taking calls from the boss behind the wheel.

The National Safety Council continues to urge employers to take their responsibilities seriously -- and to enact real cell phone policies meant to keep employees safe while on the job and behind the wheel. In fact, the NSC began offering a free updated Cell Phone Policy Kit in April 2012.

Creating an employee cell phone policy:

-Non-emergency use of hand-held or hands-free devices should be banned.

-Employers should discourage any practice that encourages an employee to text or use a cell phone while driving.

-Should cover all work-related communications, even in a personal vehicle and/or while using a personal cell phone.

A recent report by the National Highway Traffic Safety Administration found employees often cite work-related communications as the reason for using a cell phone while driving. OSHA reports companies that do not establish policies discouraging texting while driving are in violation of the Occupational Safety and Health Act of 1970, which mandates that employers must provide a workplace free of serious recognized hazards.

This means following the law is not enough -- particularly in states that have not passed a distracted-driving law prohibiting hand-held cell phone use or text messaging by drivers. Federal workplace safety rules also apply. Perhaps even more important from an employer's perspective, is the associated liability in the event of an accident. As the government notes, an employer would have a hard time arguing it was unaware of the risks of distracted driving given the nationwide public service push aimed at getting all drivers to put down their phone and pay attention behind the wheel.

Make establishing and implementing a comprehensive cell phone policy a priority at your company in advance of the busy upcoming holiday travel season. The employee's life you save could very well be your own.

Continue reading "Transportation Accidents Claim Nearly Half of Fatally Injured Employees in North and South Carolina " »

A total of 229 employees were killed in work accidents in North and South Carolina last year, according to annual statistics released last week by the Bureau of Labor Statistics.

Fatal work accidents in North Carolina claimed the lives of 148 employees last year, compared to the 139 who were killed on the job in 2010. South Carolina work accidents claimed 81 lives in 2011, compared to the 69 deaths reported in 2010.

Our work injury attorneys are publishing a review of this year's information over the coming week as we look for trends and other insights to help keep employees safe on the job.

Fatal Work Accidents in North Carolina in 2011:

-Transportation accidents: 51 fatalities

-Workplace violence: 29

-Fire & explosion: 4

-Fall accidents: 28

-Exposure harmful substance: 12

-Contact with object: 24

Fatal Work Accidents in South Carolina in 2011:

-Transportation accidents: 46 fatalities

-Workplace violence: 12

-Fire & explosion: 0

-Fall accidents: 12

-Exposure harmful substance: 5

-Contact with object: 5

North Carolina and South Carolina joined 23 states reporting an increase in the number of fatal work accidents last year, despite a slight decline nationwide. The government says 4,609 employees were reported killed on the job last year, compared to 4,690 in 2010. However, several hundred additional deaths are expected to be reported before the final numbers are generated.

Nationwide, transportation accidents accounted for about 40 percent of all fatal accidents on the job. Transportation accidents in North and South Carolina accounted for 97 of the 229 employees reported killed last year in both states.

The government continues to report an increase in injuries among Hispanic and Latino employees. A total of 729 of those employees were killed on the job last year, compared to 707 in 2010. In fact, workers from Mexico accounted for more than 40 percent of the 823 foreign-born employees killed on the job last year.

Not surprisingly, the private construction industry continues to report fewer fatal work accidents as it recovers from the housing bust and resulting economic recession. The sector reported 721 fatal work accidents last year, compared to 774 in 2010. That's down for the fifth year in a row. In fact, the number of fatal private construction accidents is down 42 percent since 2006.

However, the number of fatal transportation accidents continues to climb among those employed in the private trucking industry. These accidents were up 14 percent last year -- the second year in a row these fatal work accidents increased.

And workplace violence remains an ongoing concern. Violence by person or animal killed 780 employees last year -- accounting for 17 percent of all workplace deaths. In fact, workplace homicide is now the leading cause of death for women on the job. Others at high risk for work violence include police officers, teachers, taxi drivers, security guards and bartenders.

Continue reading "More Fatal Work Accidents Reported in North and South Carolina in 2011" »

Recently, close to $11 million was awarded to more than 70 nonprofit organizations through the Susan Harwood Training Grant Program. The grants were offered by the Occupational Safety and Health Administration (OSHA) and were awarded to a number of colleges, universities, management associations, employer associations, community- and faith-groups and joint labor associations.

North Carolina was fortunate enough to get some of these funds, too! Telamon Corp. is getting more than $121,000, National Council for Occupational Safety and Health is getting more than $643,000 and the University of North Carolina at Charlotte is getting Training and Educational Materials that are worth about $50,000

Our Asheville workers' compensation lawyers understand that these funds are to help employers to get a handle on work place hazards and to help keep workers safe. The funds are going to help to provide training for employees and help everyone on the work site prevent health and safety dangers. Lastly, these funds are working to help to educate workers about their responsibilities, as well as their rights under the Occupational Safety and Health Act.

The funding will be targeting those who work with small businesses and low-literacy, as well as underserved employees who are in high-hazard industries. Since the late '70s, close to 2 million employees have been trained through this program.

This year's award categories:

-Training and Educational Materials Development

-Targeted Topic Training

-Capacity Building Developmental

"The Department of Labor is committed to ensuring that workers and employers are provided education and training on identifying and preventing serious workplace hazards.," said Hilda L. Solis, Secretary of Labor.

There have been close to 20 new organizations marked to receive more than $1.5 million in grant funding for the year.

OSHA officials have also handed over close to $800,000 in grants for new Capacity Building Developmental grants. Those grants go to seven organizations that have conducted activities in the past to make sure that all workers are properly trained.

Dr. David Michaels wit the Occupational Safety and Health says the grants are going to help to provide thousands of workers with the safety and health training that they need to do their jobs safely. These programs help to offer hands-on training that is going to have lasting benefits to employees and their employers.

The program is named after Susan Harwood. She was the director of the Office of Risk Assessment in OSHA's former Directorate of Health Standards.

Funds like this are necessary to help to keep everyone safe on the job. It is federally required of all employers to provide safe working conditions for everyone. Unfortunately, that's not always the case and it can be the result of any number of factors. Sometimes employers simply don't take the time to make the moves to increase work safety. Other times, employers are completely ignorant of on-the-job work hazards. And, in still other cases, cost-cutting is to blame for the dangerous working conditions that result in a serious or fatal accident.

Continue reading "Grants Aim to Prevent On-the-Job Injuries in North Carolina " »

The Bureau of Labor Statistics this month has released annual accident statistics for 2011. The National Census of Fatal Occupational Injuries reports the number of work fatalities was a bit lower in 2011 than they were in 2010, according to the United States Department of Labor (DOL).

"It's a step in the right direction, but more needs to be done." said Secretary of Labor Hilda L. Solis.

Our Charlotte workers' compensation lawyers understand that every worker who clocks in and out each day faces a risk of being injured on the job. Various federal and state regulations and standards are in place to make sure that each and every employee in the country is provided safe working conditions. Still, there are employers who don't follow these standards and regulations. That's why there is an average of 13 workers who are still killed on the job each and every day. It's not just the workers that suffer either. It's their friends, their family members and the entire community, which endures an enormous burden in lost productivity and disability costs.

There were more than 4,600 people who were killed on the job in the U.S. in 2011. While that is down slightly from 2010 numbers, far too many employees continue to be injured or killed on the job.

In 2011, 3.5 workers were injured for every 100,000 full-time equivalent (FTE) employees.

Key findings of the newly-released data:

-The number of fatalities among those in the private construction sector dropped by more than 720 in 2011. This illustrates a 7 percent decline, and it serves as the 5th year in a row in which fatalities on the job have declined.

-More than 800 people were killed by violence on the job -- accounting for more than 15 percent of work fatalities during the year. This number includes 460 homicides and more than 240 suicides.

-The number of fatal work accidents in the private mining industry dropped 10 percent. This is good news considering the increase of 75 percent in 2010, mostly due to several high-profile accidents including the Deepwater Horizon disaster in the Gulf of Mexico.

-Coal mining fatalities fell to 17 in 2011 from 43 in 2010.

-Then number of work fatalities in the private truck transportation industry rose close to 15 percent in 2011. This is the second year this industry has seen an increase.

-Fatal work injuries for women increased from the previous year. They declined sligntly for male workers.

Under the OSH Act of 1970, all 50 states are protected through federal or state work-safety programs. While the number of serious and fatal on-the-job accidents declined through the economic downturn, many expect the risks to begin to increase again as the economic recovery gains speed.

Continue reading "North Carolina Work Accidents: Thousands Still Dying on the Job Annually" »

When you think of allergies, you might not think of work. But the truth of the matter is that there are many things on the job that employees can be allergic to, and interactions can produce serious or even fatal results.

According to the American College of Occupational and Environmental Medicine, employers need to be more aware of serious allergies and need to make the proper changes to help ensure that everyone is protected on the job.

Employers are urged to raise awareness and to educate those on the work site about anaphylaxis. This is an allergic reaction that can take lives. Food allergies most commonly result in this life-threatening condition but a number of manufacturing process can also be responsible. The truth of the matter is that it affects about 8 percent of all children and 4 percent of all adults.

Our Asheville workers' compensation lawyers understand that the number of people who are vulnerable to these kinds of reactions has been increasing in recent years. The cause of this increase is not yet known. From 1997 through 2007, the number of people affected by this condition increased by about 18 percent. Some of the most common employees to suffer allergic reactions are those that work in food services, and those that handle vending-machine merchandise.

Anaphylaxis can be caused by a number of things, including venom, like from a bee sting, different kinds of food, latex and even some medications.

Most alarmingly, some people don't even know that they have these allergies until it's too late. Sometimes, their first reaction can trigger a serious, even life-threatening condition.

Luckily, there are ways that you can completely eliminate the risks for these allergic reactions. One of the most important things for an employer to do is to make sure that each work site has an epinephrine auto-injector. This is considered to be the first-line of treatment for this condition. It's important to keep these on-site because people who are at risk don't always have one with them.

These injectors are not to be used to prevent a reaction from happening. It's helps to ease the stress that could potentially cause a deadly reaction. If someone is suffering from one of these reactions, it's important that you use one of these devices immediately, say officials with the National Institute of Allergy and Infectious Diseases.

It's also important that you make sure that everyone on the job is educated about the dangers that accompany this condition and that they know how to best avoid these allergens. A simple way to do this is to come up with a short awareness campaign so that employees know how to recognize and respond to the signs of anaphylaxis.

Common reactions to allergens:

-Impaired hearing or vision.

-Autism spectrum disorder.

-Neurologic disorders.

- Respiratory diseases.

-Atopic diseases.

Continue reading "Allergies - Work Accidents and Anaphylaxis " »

It's an employer's responsibility to make sure that the workplace is safe and free from known and preventable hazards. This is true in every industry for every company. Everyone, from the owner of the company to the most recent hire must be able to recognize dangers on the job and must be properly trained to complete the tasks for which they've been hired. Dangers must be identified and eliminated. But you're going to need a program in place to make sure that this is completed efficiently.

According to the Occupational Safety and Health Administration (OSHA), workers and their employers are urged to take that responsibility seriously. Officials with OSHA are here to help, to reduce the risks for work-related accidents, injuries, illnesses and deaths. Not only is it a federal law to keep workers safe, but it should be a moral law, too!

Our North Carolina workers' compensation attorneys understand how important it is to invest in safety practices and procedures on the job. As a matter of fact, officials with OSHA say that an effective health and safety program on the work site can save an employer up to $6 for every $1 they invest. Not only should employers be investing in employee safety, they should also recognize that this is an investment that's going to benefit them, too. These kind of programs, when effective, have the ability to lower overall costs, increase productivity of workers as well as maintain a higher worker morale. Safety and health programs are a win-win for everyone. Employers save money and employees are better insulated from on-the-job injury.

Work accident are often quite costly. However, there is an opportunity for a significant savings in lost workdays as well as workers' compensation payouts when the number of accidents, injuries and fatalities are reduced through proper safety training and other initiatives.

One of the best things that you can do to help to reduce these risks is to comply with OSHA's safety and health standards. Compliance with voluntary programs is also highly encouraged. In the end, taking a proactive approach to workplace safety can save time and money.

You need to make sure that these kinds of programs are tailored to fit your company and your workplace. There are five components that complete a comprehensive safety and health program, including education, training, prevention, control participation and evaluation.

Everyone has to work toward a common goal -- safety!

It's important that workers and employers communicate. Make sure that your company's safety and health policy is clearly posted in the workplace. Make sure that everyone is involved in making policies to maintain a safe environment.

Lastly, hold regular meetings to discuss your efforts and how they are working -- and make the necessary changes to improve your work-safety program!

Continue reading "NC Work Safety Initiatives a Vital Use of Resources " »

On the last day of July, there were more than 3.5 million job openings.

These numbers are little changed from the previous month. According to the U.S. Bureau of Labor Statistics (BLS), the number-of-hires rate (more than 3 percent) and the separations rate (right at 3 percent) were also little changed from the previous month.

Our Asheville workers compensation lawyers understand that one of the only fields to see a decrease in the number of openings was the health care and social assistance industries. Nonfarm positions were up nearly 2.5 million from June of 2009, or the end of the recession. Government jobs as well as private positions also increased over the year. Recreation, entertainment, arts, logging and mini all reported decreases. The South, the Northeast and the Midwest were fortunate to experience overall increases during this time.

While there may have been more positions open, the average hourly wage didn't increase. For all employees, this average fell roughly 0.7 percent from July through August. Officials say the decline in hourly earnings is also attributable to a decline in hours worked.

Separations, or discharges, layoffs and quits are also known as separations and the government looks at these numbers in developing the big picture. Quits are important because not only are they a voluntary separation initiated by the employee, they also point out the measurement of employees' ability and/or willingness to leave a position. Discharges and layoffs are involuntary separations that are initiated by the employer. Some of the other separations that are counted in this category are the separations that are the result of disability, death and retirement.

The number of separations, for private, government and nonfarm industries was virtually unchanged from June to July.

More specifically:

-The number of quits was more than 2 million in July, up from approximately 1.8 million during the July of 2009, when we saw the end of the recession.

-The number of quite increased in July for nonfarm workers, but didn't really change at all for government positions.

-The number of quits increased for many industries in the South.

-Quits decreased in insurance and finance in the South.

-Discharges and layoffs hardly changed from June to July in the private and nonfarm industries.

-Government layoffs and discharges were unchanged from June.

-Discharges and layoffs were virtually unchanged in all regions of the country from June to July.

-There were more than 1.5 million discharges and layoffs in nonfarming industries in July. This is down from the more than 2 million that occurred during June of 2009.

Continue reading "NC Job Safety: More Jobs, Less Wages, a Recipe for Work Accidents" »

It's fall harvest season and farmers are hard at it.

Unfortunately, many of the accidents on farms will occur during the fall harvest season. According to the Centers for Disease Control and Prevention (CDC), agriculture is one of the most dangerous fields in which to work. Farmers and farmhands are at high risk for serious or fatal work accidents. It's also one of the only industries in which the families are also at risk, because they oftentimes share work and live at the work site.

Our Asheville workers' compensation attorneys understand that of the near 1,825,000 employees in the industry in 2010, there were close to 500 who were killed on the job.

That means that the fatality rate for this industry was more than 26 per 100,000 employees. It's a field with a lot of young workers, too. It's estimated close to 520,000 minors work on the farm. And exemptions to state and federal labor laws allow some of these children to perform hazardous tasks that would be forbidden most minors in the workforce. In addition to minors who live on farms, another 250,000 were hired to work on farms in the country in 2010. When you average it out, close to 115 youth under the age of 20 are killed every year from injuries in the agriculture field. Most of these fatal accidents occurred to kids between the ages of 16 and 19 years old.

Of the causes of injuries to these young workers, close to 25 percent involved machinery like tractors; about 20 percent involved motor vehicles, including ATV; and just over 15 percent were the result of drowning accidents.

In addition to these fatalities, there were more than 16,000 kids who were injured on the farm last year. Just under 3,500 injuries were the result of farm work.

It's not just the kids who are facing these risks. Adults working in the agricultural sector face some of the highest risks of any workforce. From 1992 to 2009, there were close to 9,500 farmers and other farm workers who were killed in work-related accidents in the country. The number one cause of death for these employees was tractor overturns. These accidents account for 90 fatalities each year.

The best way to prevent an overturn accident is to use a Roll-Over Protective Structure (ROPS). Back in 2006, less than 60 percent of farm tractors used such critical safety equipment.

Safety procedures and safety equipment need to be utilized at all times. If there are any work hazards that you spot on the job, speak up! Let an employer know so that they can make the appropriate adjustments to protect workers.

Each and every day, there are more than 240 agriculture employees who suffer lost-work-time injuries. About 5 percent of these accidents and injuries result in permanent injuries and impairment.

During this time of the year, all agricultural workers are urged to be careful. Make sure that you have all of the necessary safety equipment needed to get the job done! Practice safe working habits to stay injury free through what we hope is a long, productive harvest season!

Continue reading "Agriculture Workers Prepare for Havest -- Accidents Expected to Increase" »

According to the most recent reports, America's work places are a lot less dangerous than they were ten years ago. The bad news is that there are still thousands dying on the job each and every year and the numbers don't seem to be declining as much as safety advocates would like.

According to CNN Money, there were nearly 5,000 workers who were killed on the job in 2011. That's a close to 25 percent decrease from the near 6,000 who were killed back in 2000. But it's still more about 15 workers a day.

Our Rock Hill workers' compensation lawyers understand that the number of workplace fatalities in 2010 was more or less equal with the year before, which was named the "safest" year on the job since the United States Bureau of Labor started keeping tabs on workplace fatalities. In 2009, there were approximately 3.5 employees killed for every 100,000 people who were employed. That's the same rate as the previous year.

When you break down the numbers, there were 2 major workplace disasters that heavily contributed to the year's death toll calculation. It was the explosion at the Upper Big Ranch Mine over in West Virginia. In this accident, there were nearly 30 workers who were killed. The second was the oil rig explosion at the Deepwater Horizon in the Gulf of Mexico. There were more than 10 workers killed in that work accident. When you put the two together, the number of mining fatalities jumped nearly 75 percent from the year before, to more than 170 fatalities.

List of the top most dangerous jobs in the country:

-Fisherman: More than 115 workers were killed per 100,000 workers. The median wage for this dangerous position was a little more than $27,800.

-Logger. More than 90 workers were killed per 100,000 workers. The median wage for this dangerous job was just over $38,650.

-Airplane Pilot: More than 70 workers were killed per 100,000 workers. The median wage for this dangerous job was more than $115,000.

-Farmer and Rancher: More than 40 workers were killed per 100,000 workers. The median wage for this dangerous job was just over $65,950.

-Mining machine operator: Close to 40 workers were killed per 100,000 workers. The median wage for this dangerous job was just under $40,000.

-Roofer: More than 30 workers were killed per 100,000 workers. The median wage for this dangerous job was just over $37,850.

-Sanitation Worker: Thirty workers were killed per 100,000 workers. The median wage for this dangerous job was just over $34,300.

-Truck Driver and Delivery Man: More than 20 workers were killed per 100,000 workers. The median wage for this dangerous job was 35,500.

-Industrial Machine Repair Man: Twenty workers were killed per 100,000 workers. The median wage for this dangerous job was just over $45,500.

-Police Officer: Close to 20 workers were killed per 100,000 workers. The median wage for this dangerous job was just over $55,600.

Continue reading "Work Accidents Down Over Decade, Stagnant from Previous Year" »

You work. You get paid. It's a simple concept that employers throughout the state are trying to get around. Unfortunately, a lot of workers and even honest business owners that are having to pick up the slack for these dishonest companies. And it's being permitted because the government can't seem to get its act together and nab those who are violating the law for their own benefit.

According to the News Observer, when a worker doesn't get paid for the work they've done, it's referred to as wage theft.

Our Asheville workers' compensation lawyers understand whether employers are even carrying the workers' compensation insurance mandated by law has become an issue as media reports have found hundreds of companies skirting the law. And, as the result of state bureaucracy, the agency charged with enforcing work safety measures is not even checking to see whether this insurance is in place in the event an employee is injured on the job.

In other cases, employers will claim that a worker was an independent contractor. When they do this, they're not protected by workers' compensation insurance and may not even enjoy the same wage-and-hour protections enjoyed by full-time employees. When workers aren't paid, they're often just brushed off by state officials and told to take it to small claims court. The end result, workers without legal representation are afforded little protection and few rights.

A lot of people who are injured on the job have to find that out the hard way that their boss has illegally lists them as an independent contractor, making them ineligible for workers' compensation coverage. Workers who are laid off face some of these same problems, discovering that they're not eligible for unemployment benefits.

The law needs to be changed and that's the bottom line. It's time to put a stop to those dishonest employers who are putting your well-being at risk just to save a buck.

Changes to Make the Law Benefit Workers:

-Never assume you are an employee - check with the company and ask for documentation.

-Employers should be required to report employee names, addresses and the employer's identification numbers as well as whether each worker is classified as an employee or an independent contractor.

-Stop all companies from purchasing "ghost" insurance coverage.

-Make sure that agencies complete a thorough investigation on all wage theft claims.

-Prove the Department of Labor with the much-needed resources to adequately investigate the misclassification of employees.

-Provide misclassified workers with more information regarding what they need to appeal the denial of unemployment benefits.

-Make sure that the state's Departments of Commerce, Revenue and Labor share information and data immediately and make sure that they harmonize these databases, which will go a long way toward identifying employers who cheat.

Continue reading "Carolina Workers Denied Workers' Compensation Benefits" »

Agencies in the state of North Carolina aren't doing a good job communicating to one another when companies aren't following the law. Many employers throughout the state don't offer workers' compensation insurance for their employees or they just neglect to pay withholding taxes for workers, according to Reflector.com.

The Industrial Commission and departments of revenue and labor say that they don't have enough time to put in the work needed to monitor compliance because they don't have enough resources. This is only hurting workers throughout the state, especially those who are hurt on the job.

Our Charlotte workers' compensation lawyers understand that the Department of Labor isn't even looking for any kind of proof for this kind of coverage when they do work site inspections. According to the most recent look into the problem, there were at least 30,000 companies that did not carry the workers' compensation insurance required by law. If there's no workers' compensation, who's going to cover your losses and compensate you if you're injured on the job?

The Industrial Commission is in charge of handling workers' compensation claims. Officials say they are working on creating a new compliance system to handle companies that do not insure employees. Of course, this only comes after a media examination exposed the lapses in the agency's inspection program.

Pam Young, Chairwoman of the Commission, says that it's not their job to tell another agency when they locate a cheating employer.

"Whether or not that business is competing fairly or unfairly, we don't get into that debate because that's not our charge," said Young.

Just a little more effort could make a world of difference. According to a recent inspection into workers' compensation policies in 2011, there were about 300 companies out of the nearly 5,000 companies inspected that didn't have any coverage.

The Labor Department continues to point fingers, saying that it's not their job to make sure employers are insuring their workers.

Young notes here is a new computer system in the works which could help, although it won't be up and running by 2015.

What do we do until then? Continue to let companies neglect to cover their employees? When it all boils down, companies are required to make sure that all workers are covered with workers' compensation. This is an insurance policy that helps to ensure that you're taken care of should you get injured on the job. At least two state bureaucracies exist, in whole or in part, to monitor compliance.

Legislators in North Carolina say that they occasionally look into ways for these agencies to better communicate with one another, but these talks haven't made it very far, as there is still no effective system is place.

The governor should hold the heads of both agencies accountable.

Continue reading "Does Your Employer Offer Workers' Compensation?" »

Officials with the Wage and Hour Division (WHD) in the U.S. Department of Labor (DOL) have provided you with a "Know Your Rights" video webpage. This page is provided in both English and Spanish and works to provide workers across the nation with some basic information regarding different scenarios that employees encounter in the workplace.

Through these videos, workers are provided the information and resources to correct misinformation, like what the real federal minimum wage is, when you're entitled to overtime pay, when your employer is required to pay you, when you're on of off the clock work is eligible for compensation, when you're an employee and when you're an independent contractor, what your rights as a U.S. worker are, if seasonal workers are subject to the same work laws and how to go about filing a complaint with WHD.

Our Greensboro workers' compensation attorneys understand whether you are classified as an employee or independent contractor can impact whether you are covered by workers' compensation in the event of a work accident. Independent contractors typically are not covered by an employer's workers' compensation insurance and may not be entitled to other wage-and-hour benefits. Consequently, authorities continue to find employers who are maximizing profit by miscategorizing employees as independent contractors.

Of course, employees are also entitled to fair wages. That's why we have federal and state minimum wages. In the state of North Carolina, the minimum wage is $7.25. This is the same as the current federal minimum wage. Workers are also required to be compensated for their overtime pay. This is the pay for hourly workers who work over 40 hours a week. These workers must be provided with compensation that is one-half times their regular rate of pay, according to the United States Department of Labor.

Here are some answers to some common questions from employees regarding their rights of minimum wage and compensation on the job:

What are wage and hour laws? These laws are set forth and are used as the standards for work time and compensation for this time. These standards cover meal time, rest breaks, overtime, hourly compensation, when you're to be paid, what is paid for by the employer and so on and so forth.

What's minimum wage for employees who earn tips? Tipped workers are only required to be provided with an hourly wage of $2.13. This holds true as long as the tips they're earning in an hour at least meets the minimum wage for the state.

When do I get overtime? When you work more than 40 hours a week as an hourly employee or when you work more than 45 hours for recreational or seasonal amusement establishments.

Do I get a rest break or a lunch break? In the state of North Carolina, employees are not required to provide breaks or lunch breaks for workers. On the other hand, if you are taking a break and you're asked to do work during this time, you must be paid for it. Typically, workers who are provided with short 20 minute breaks are compensated for this time, too.

Continue reading "Protecting Your Rights as a N.C. Employee" »

Officials in South Carolina are looking into the death of a North Carolina resident who was killed in a recent utility accident. According to ABC 11 News, the 47-year-old worker was working on an electrical box in a Union County community when the accident happened. According to John Fallaw, Deputy Coroner, the worker was unresponsive when emergency response teams arrived on scene.

Officials have not reported if the victim was employed by the company that provides services to the area or if he was a subcontractor.

Our Rock Hill workers' compensation lawyers understand that electrical currents pose some serious risks to workers. These risks aren't confined to any specific industry either. Workers in all fields can be injured in an electrocution, or similar accident. According to the Centers for Disease Control and Prevention (CDC), practically everyone in every industry is exposed to electrical energy some time during their work day. That makes us all vulnerable to the danger of electrocution.

The Four Top Kinds of Electrical Injuries:

-Burns

-Electrical Shock

-Electrocution

-Falls caused as a result of contact with electrical energy.

Some of the most common ways that electrical shock injuries happen include faulty wiring, overloaded sockets, poorly maintained electrical equipment and water penetration to electrical sources. Many times, workers who drill into walls or dig into grounds are at serious risks for these kinds of accidents because they run a high risk of hitting hidden electrical cables. Accidents and injuries from these types of electric shocks can be serious and even deadly.

Each year, there are more than 400 electrical accident fatalities that happen in the U.S. There are thousands more who are injured in these kinds of accidents. Employees who are injured on the job are typically compensated for their injuries and for time away from work through their company's workers' compensation insurance. It's important to contact an experienced attorney if you've been injured in one of these accidents to make sure that your employer's policy provides sufficient coverage for the accident and for the damages sustained.

Depending on the voltage that's involved in the accident, the injury and the result of an accident can differ greatly. Burns are one of the most common results of typical shock injuries. Burns are more common when higher voltages are involved.

Shocks can result in serious muscle spasms. These kinds of injuries can be so serious that they can result in dislocated joints and even broken bones.

After suffering a shock, you can even be thrown backwards and suffer a fall accident. This is even worse when a person suffers a shock when they're working at a height, above a lower level.

Continue reading "South Carolina Worker Electrocuted in Utility Accident" »

Officials with the U.S. Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) have decided to extend their safety enforcement measures on the residential construction industry.

Officials have decided to continue the efforts for another three months. Now, enforcement will go on through the middle of December. During this time, officials will be providing work areas with free on-site compliance measures and will conduct inspections at work sites nationwide.

Our Asheville workers' compensation lawyers understand that there were close to 1,200 people who were killed in the construction industry in 2007. This was by far the most fatalities recorded in any industry category. According to the Centers for Disease Control and Prevention, an additional 140,000 people were injured in this industry. The incident rate stood strong at 190 per 100,000 employees.

The fatalities among these workers has been on the rise. From 2006 to 2007, the number of fatalities among employees in construction of buildings increased by more than 10 percent. As the economy continues to recover -- and particularly the housing market -- industry watchers expect a boom in residential housing construction.

Top Causes for Accidents in Construction Industries:

-Falls to a lower level.

-Trench collapse.

-Scaffold fall or collapse.

-Neglect to wear proper safety gear.

-Electrocution.

-Falls.

-Arc flash.

Unfortunately, falls continue to be one of the most common hazards or accident risks in the construction industry. These kinds of accidents can happen during the simple act of climbing up a ladder or just walking at elevation. There were more than 600 workers killed by falls to the same or lower level in 2009, according to the Bureau of Labor Statistics (BLS). There were more than 210,000 workers injured in these same kinds of accidents.

What might be most alarming is that these kinds of accidents can be prevented. All it takes is a little bit of preparation and a little bit of awareness.

OSHA officials have been working long hours to make sure that employers understand and are complying with the new directive. Since October of last year, roughly 2,500 site visits have been conducted, nearly 930 training sessions have been held and close to 440 presentations given in the fight to reduce the risks of fall accidents in the residential construction industry. OSHA headquarters and its regional offices have also been able to conduct about 1,000 outreach activities on this new directive. Officials will be working with employers nationwide to make sure everyone understands the additions and that compliance is more readily achievable.

To help you to get started, OSHA has created and provided and entire web page on Fall Protection in Residential Construction. This page has useful, up-to-date information on how to protect workers from fall accidents in the residential construction industry.

Continue reading "OSHA Works to Push New Directive, Protecting Construction Workers" »

Labor Day is a little more than just a day off of work. It represents years and years of commitment to the United States from our workforce. It's used as a day to commemorate our nation's workers and all that they do.

Some believe that the very first Labor Day was celebrated more than 100 years ago. Many claim Peter J. McGuire, the general secretary of the Brotherhood of Carpenters and Joiners and co-founder of the American Federation of Labor, was the first one to bring up the idea of the holiday. Others say that it was Matthew Maguire, the secretary of Local 344 of the International Association of Machinists, who started the Labor Day holiday.

Regardless, the first holiday was held on the first Monday of September in 1882 in NYC, according to the U.S. Department of Labor (DOL). Just a year later, the second holiday was celebrated and the tradition continues.

Back then, it was also referred to as the "workingmen's holiday."

Our Asheville workers compensation attorneys understand that the Labor Day holiday has really become a part of the American fabric. The nation has given the holiday increasing emphasis, and it doesn't look like it's slowing down any time soon. For the very first time in 1885, the holiday received governmental recognition through municipal ordinances. The first bill was introduced in New York although the first bill to pass was in Oregon. During that same year, for additional states, including New York, New Jersey, Massachusetts and Colorado, launched their own Labor Day holidays through legislative enactment.

By the end of that decade, Pennsylvania, Nebraska and Connecticut joined in as well. Before 1895, nearly 25 states had adopted a holiday on the first Monday of September to honor our nation's workers.

With the celebration of Labor Day and the hard work that Americans put into making our nation a better place day after day, we'd also like to discuss the importance of keeping these individuals safe. To help to do that, the federal government has enacted various laws to protect workers on the job.

The DOL has created three agencies to make sure that employers are doing their job to protect workers. There's the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA) as well as the Wage and Hour Division (WHD).

The DOL also has the Working Partners for an Alcohol- and Drug-Free Workplace to help companies and employers to create drug-free workplace programs. Although this is not a federal law, these kinds of programs also help to protect workers on the job and provide them with a safe workplace.

What you might find to be the most important is the Office of Workers' Compensation Programs (OWCP). This office helps four major disability compensation programs to provide compensation regarding wage replacement, vocational rehabilitation, medical treatment and other benefits to federal workers or their dependents who are injured on the job or who acquire an occupational disease.

Continue reading "Carolina Workers' Compensation Firm Wishes you a Safe Labor Day Weekend" »