December 15, 2013

Aggravation of Pre-Existing Condition Covered Under Workers' Compensation


In order to obtain workers' compensation benefits in North Carolina, employees must prove the source of their injury or disability stemmed either in whole or large part from their job functions. backinjury.jpg

In some cases, it's a singular, traumatic incident, such as a slip and fall or a motor vehicle accident. Other times, it may be a chronic condition that is aggravated by duties carried out on the job.

In the recent case of Myers v. Ben Mynatt Chevrolet Cadillac, reviewed by the North Carolina Court of Appeals, the court weighed an appeal from an employer who argued that a worker's compensation claim stemmed from a prior injury that was not work-related.

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December 12, 2013

Proving Extent of Injury Key in NC Worker Compensation Cases


A North Carolina appellate court recently ruled in Hollifield v. Commc'ns Installations Specialists that proving injuries are compensable is not enough to establish full disability.
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In other words, a plaintiff alleging a work injury in North Carolina must establish not only the source of those injuries but the extent, if he or she hopes to collect longer-term disability benefits in addition to costs for immediate medical expenses and lost wages. This maximizes the amount of benefits one can expect to collect.

Effectively proving the extent of one's injuries means immediately reporting the injury after it occurs, as well as attending any and all follow-up appointments as recommended.

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December 9, 2013

Workers' Compensation Care Reimbursement Must Follow Protocol


Filing a workers' compensation claim in North Carolina should always be done with careful consideration for not only your immediate needs, but also with an eye on what kind of care you might require in the future.
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Any changes in your medical condition may warrant an amended order with regard to the kind of care and/or reimbursement you are entitled to receive as a result of your workplace injury.

The case of Mehaffey v. Burger King is a good example of this - and also why it's important to report these changes as soon as possible.

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December 5, 2013

New Resources to Protect Workers From Hazardous Chemicals


Each and every year in the United States, there are tens of thousands of employees who get sick because they're exposed on the job to dangerous chemicals. And these are chemicals than can be found in millions of workplaces every day. Now, officials with the Occupational Safety and Health Administration (OSHA) have unveiled two new web resources to help companies to keep these workers safe.
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While most people can usually tell you which chemicals are dangerous and which are not, OSHA might not have the most up-to-date or protective standards for the tiny number of chemicals that are regulated in the workplace.

Our Rock Hill workers' compensation lawyers understand that toxic and hazardous substances are defined as chemicals in the workplace that can cause harm to workers. This term can include mixtures dusts and common materials like solvents, fuels and paints. Officials with OSHA only regulate exposure to about 400 of these substances. On the other hand, the OSHA Chemical Sampling Information file contains listings for approximately 1500 substances.

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December 3, 2013

Lungs Injuries an Overlooked Cause of Work Illness in North Carolina


It's estimated that roughly 5 million employees in the U.S are required to wear respirators in close to 1.5 million workplaces working with respiration hazards. These devices help to protect workers against dangerous fogs, dusts, gases, mists, smokes, sprays, vapors and insufficient oxygen environments, according to the Occupational Safety and Health Administration (OSHA).
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Some of the dangers can cause diseases, lung impairment, cancer or even death. And this is why it's critical that employers adhere to the OSHA Respiratory Protection Standard. Officials believe that the proper application of respiratory protection procedures can prevent approximately 4,000 injuries and illnesses annually as well as 900 deaths from cancer and other chronic diseases.

Our Charlotte workers' compensation lawyers understand that respirators work in two basic ways to protect workers. First off, they work by removing contaminants from the air before making it into your lungs. Other respirators protect by supplying clean respirable air from another source. Respirators that fall into this category include airline respirators, which use compressed air from a remote source, and self-contained breathing apparatus (SCBA), which include their own air supply. But these respirators are no good if they're not being used and if they're not being used properly. Although, respirators should be used as a "last line of defense." Workers should use respirators for protection from contaminants in the air only if other hazard control methods are not practical or possible under the circumstances.

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December 1, 2013

Work Accident Reporting Critical to On-the-Job Safety


Officials with the Occupational Safety and Health Administration (OSHA) recently proposed a rule to help to keep workers safer on the job by helping officials to better track workplace accidents, injuries and fatalities. The announcement comes after the Bureau of Labor Statistics' released of its yearly Occupational Injuries and Illnesses report. This is the report that calculated that about 3 million workers were injured on the job in 2012 alone.
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"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Our Asheville workers' compensation attorneys understand that the new rule will help to shed light on just how dangerous our nation's workplaces are. It's going to help workers, employers, government officials and researchers better access this information, to help to create better attack plans to help to stop the risks. We will be able to better create training and work programs to reduce these risks and prevent workplace problems before they even have a chance to strike. With the latest proposal, there will not be any new requirements to the way we report these incidents, it's only going to make sure that employers better transmit these reports to OSHA officials. And this is a move that's going to help workers across the nation.

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November 30, 2013

OSHA Working with Agriculture Community to Promote Safety Education


As the harvest season continues it is important to focus on safety in the agriculture industry.

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Our Greenville worker's compensation lawyers are knowledgeable about the inherent hazards of working in the agriculture industry and devoted to educating farm workers about safety.

According to the Occupational Safety & Health Administration the agriculture industry account for approximately 475 deaths in the year 2012. The fatality rate in the agriculture sector was 21.2 deaths for every 100,000 workers.

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November 27, 2013

Child Protective Services Workers in Harms Way


According to a recent report Child Protective Services workers are regularly placed in danger while working.

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Our Asheville worker's compensation lawyers are aware that Child Protective Services workers are often placed in stressful, tense situations. The primary concern is whether there are sufficient protections and policies for keeping these workers safe.

Child Protective Services workers have extremely high turnover rates in part because of inadequate and fragmented policies for safety.

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November 25, 2013

Asbestos Dangers a Hidden Threat for Carolina Workers


According to a fact sheet from the Occupational Safety and Health Administration Asbestos is the name given to a category of naturally occurring minerals that can cause serious disease in many organs, including the lungs.

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Our worker's compensation lawyers in Spartanburg want all workers to know that serious illnesses may not appear immediately and problems could appear years after the exposure.

Asbestosis may cause buildup of a scar-like tissue inside the lungs that causes a loss of lung function. This condition can progress to severe disability and eventually cause death. Unfortunately, fibers of asbestos that cause these health risks are far to small to be seen with the naked eye.

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November 22, 2013

Workplace Injuries a Common Threat in Carolinas


A recent preliminary report from the Bureau of Labor Statistics reveals that there are 3.2 fatal work injuries per 100,000 full time workers (FTE).

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Our workers' compensation lawyers in Greenville know understanding the risks can better protect employees from injury.

According to the Department of Labor's Bureau of Labor Statistics, a total of 4,383 workers died from injuries that occurred in the workplace in 2012. This is a preliminary number and the final 2012 data will be available in the late Spring of 2014.

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November 19, 2013

Workers at Risk of Hearing Loss in Carolinas


According to research fromPurdueexponent.org, there are more ways to prevent hearing loss.

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Our Asheville worker's compensation lawyers are devoted to informing the public that working in loud environments can severely damage hearing, with lasting consequences.

The study is important for anyone who works in a loud environment, such as on a construction site or in a factory. Loud concerts can also result in substantial hearing damage.

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November 17, 2013

Poisonous Fumes - Exposure to Dangerous Substanes in North Carolina Workplace


A Fox Carolina News Report states that a teacher and 14 students were taken to the hospital after inhaling an odor at school.

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Our Anderson worker's compensation lawyers know that there are many dangers in the workplace but breathable risks and exposure to harmful substances are among the most often overlooked.

According to the news article a teacher and 14 students became ill after inhaling an unknown odor while in the school building. The odor affected individuals concentrated in one particular classroom.

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November 14, 2013

Young Workers Susceptible to injuries in the Carolinas


According to the Centers for Disease Control and Prevention, young workers are at risk for serious injury in the workplace.

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Our Asheville worker's compensation lawyers know that the economic reality is many young people must work to help their families make ends meet, and still others are just entering the workforce to provide for themselves.

Our attorneys are aware that young workers under the age of 24 represent a significant part of the workforce but are sometimes less educated about proper safety procedures.

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November 12, 2013

Eye Injuries and North Carolina Work Accidents


Eye injuries are responsible for partial loss of vision and partial blindness throughout the United States, according to a report by Optometry Times.

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Our Asheville worker's compensation lawyers are fully aware of how terrible an eye injury can be and are committed to discussing ways to prevent eye injuries from occurring.

In the United States over 2.5 million eye injuries occur annually. These injuries lead to approximately 50,000 people losing all or part of their vision on a yearly basis.

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November 8, 2013

Social Workers Face Dangers on the Job


Common dangerous industries for workers include construction, fishing, and farming. Recent attention has been brought to healthcare workers and other social service employees who face dangerous conditions in the workplace. A new study indicates that employees Child Protective Services are often in tense and stressful situations that could place them in harm's way.

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Any employee who is injured while performing work related duties is entitled to employment benefits. Workers who are injured by violent crimes and assault may also pursue compensation. Our Asheville workers' compensation attorneys are experienced in handling claims on behalf of injured workers. We are also dedicated to raising awareness surrounding workplace safety.

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