North Carolina Workers' Compensation Lawyers Blog

Most U.S. workers don't wake up in the morning anticipating the possibility of having to wear a mask that day to protect them from potentially harmful chemicals or gases.

But according to the Centers for Disease Control, about 5 percent of employees do.

In fact, respirators will become necessary for workers in about 20 percent - or about 1.3 million - of establishments at some point during their job.

Think firefighters or chemical clean-up crews, to name a few.

A respirator is essentially protective gear that covers the face, nose and mouth and purifies the air of hazardous particles, such as dust, gases, vapors or possible infectious diseases.

Our Spartanburg workers compensation attorneys know that the federal Occupational Health and Safety Administration has updated guidelines for employers that require their workers to use these devices.

It's considered to be the "last line of defense" to ensure worker safety, used only if other methods of filtering the air are not feasible or haven't yet been enacted.

According to the CDC, they work in two basic ways. The first removes air contaminants and allows you to breathe through them. Other types of respirators supply a fresh supply of clean air from a separate source.

But not all of these devices are created equal, and some may not provide the proper level of protection to prevent workplace illnesses or injury in Spartanburg and elsewhere.
Respirators that are approved by the National Institute for Occupational Health and safety have been tested by government scientists for effectiveness and durability.
But the CDC is warning buyers and users to beware.

Unfortunately, there have been a number of companies that have falsely labeled their respirator products as NIOSH-approved, when the agency had in fact found a number of those models showed up to 80 percent leakage of harmful airborne chemicals and gases.

The agency admits it can be tough to differentiate from an approved product and one that isn't. The most reliable indicator is the NIOSH TC# printed on both the box and the product. It can also be verified by checking the TC number on the agency's website.
Another indicator can be if the respirator has a design on it, such as a floral print, it's probably not approved. And the agency doesn't approve surgical masks - only respirators with very specific qualities.

In addition to falsely-advertised respirator products, there are also more than 50 different brands of respirators that were once approved by the agency, but are no longer, either because of shifting industry standards or changes to the product itself. So your employer may have purchased these respirators, thinking they would provide adequate protection, but they won't.

And simply purchasing the correct product isn't enough. Under federal OSHA guidelines, employers are required to develop a written and comprehensive respiratory protection program for all workers who may need to use respirators.

These written programs have to include company procedures for:

-Selecting and maintaining respirators.

-Fit-testing the respirators.

-Training workers on the airborne hazards they face.

-Training workers on the proper use and maintenance of respirators.

-Medical evaluations for respirator use.

Continue reading "Caution Urged for North and South Carolina Employees Required to Wear Respirators" »

The number of work-related accidents in North Carolina saw an increase from 2010 to 2011, reports the North Carolina Department of Labor. In 2011, there were 53 work-related fatalities in the state. There were only 50 recorded the previous year. The yearly average of work-related fatalities in North Carolina over the last five years was 53.2.

According to the most recently released statistics, there was one work-related fatality each in Watauga, Rockingham, Guilford and Ashe counties. There were three work-related fatalities during the year in Forsyth and seven workplace fatalities in 2011 in Northwest North Carolina and Triad. Wake County witnessed the most workplace fatalities - six - and was closely followed by Mecklenburg with five, according to the Winston-Salem Journal.

Our Asheville workers compensation attorneys understand that the top two causes for on-the-job fatalities were falls and being struck by an object, with 17 and 18 fatalities in 2011. These recent statistics also indicated that there were four work-related fatalities caused by heat exposure. This was the first year that a heat-related work fatality was recorded since 2006.

"The department will continue its heat stress initiative that we kicked off last year," said Cherie Berry, the state's labor commissioner. "We are urging employers and employees to recommit themselves to safety and health."

In 2011, the construction industry ranked second place for having the second-highest number of work-related fatalities with a second year of 16 fatalities. Following closely behind the construction industry were the agriculture, forestry and fishing sectors with 10 fatalities total and public utilities and transportation with six.

According to the more detailed reports of the 2011 incidents, Caucasians accounted for 30 of the 53 work-related fatalities. Hispanic workers accounted for 16 of the fatalities, African Americans accounted for six and Native American employees accounted for one. Men were overwhelmingly the victims in these cases, accounting for 52 of the 53 work-related fatalities during the year.

Now the good news: The state's Department of Labor also revealed that the injury rate has hit an overall low for the private industry. In 2009 and in 2010, the fatality rate per 100 workers was 3.1

"Any workplace death is a tragedy and of great concern because it affects so many people -- the family, co-workers, the community and our department," said Berry.

We would like to remind employees that employers have a legal obligation to provide safe work areas for all employees. The proper training, safety gear and safety requirements are to be met and executed under federal law. Employers are to minimize all hazards and risks for injury, illness and death on the job for employees throughout the country. If you feel that you're at risk for a work-related accident, talk with your employer about ways to rectify the situation. Always voice your concerns when safety is at stake.

"The real tragedy is that all of these fatalities could have been avoided by having proper safety and health training, which we provide free of charge," Berry said.

Continue reading "Fatal Work-Related Accidents in North Carolina Up from Previous Year" »

According to state authorities, a man shot and killed three of his fellow workers at the McBride Lumber Co. work site in North Carolina. After taking the lives of three of his co-workers, the angry employee died of a subsequent self-inflicted wound (a gunshot wound to the head), according to CBS News. Police officers report the man was disgruntled, but reports didn't indicate why he was upset. There were 16 workers on the job that day.

Recently, the Occupational Safety & Health Administration (OSHA) discussed the commonality of workplace violence in North Carolina and elsewhere. Workplace violence is defined as any threat or act of physical violence, intimidation, harassment or any other type of threatening disruptive behavior that happens at work. These types of incidents can range from verbal abuse to physical abuse to homicide.

Our Charlotte workers compensation lawyers understand that homicide is the fourth-leading cause of fatal on-the-job injuries in the U.S. The U.S. Bureau of Labor Statistics reports that of the more than 4,500 people who died on the job in 2010, more than 500 of the fatalities were the result of workplace homicides. Homicide is the number one cause of death among working women in the U.S.

In the workplace, these types of risks and dangers are supposed to be prevented and/or minimized by employers. Employers are required by law to take all of the necessary safety precautions to reduce the risks of work-related injuries and fatalities. One of the best ways for an employer to reduce the risks of on-the-job work violence and homicides is to enact a zero-tolerance policy. This policy should extend to cover more than workers. It should also cover contractors, visitors, clients and patients as well.

Employers are urged to frequently assess work sites. By looking at work conditions often, employers can identify ways to reduce the chances of violent acts occurring. OSHA provides a number of example work-related violence prevention programs for employers in a wide range of industries to implement on the job. These documents can be used as references to provide guidance for evaluating and controlling violence in the workplace.

According to OSHA, a thorough, well written and implemented Workplace Violence Prevention Program, along with the proper administrating controls, engineering controls and training, can help to reduce the likelihood of a workplace violence incident in all types of work industries.

Workers are asked to speak up if feeling intimidated or in danger on the job. Employees have rights that must be met on all job sites. There is no excuse for workplace violence and employers are required to minimize the risks of such devastating work incidents.

Continue reading "Police: Employee Kills North Carolina Workers before Turning Gun on Self" »

The economy is recovering and residents are heading back to work. With the reduction in the unemployment rate, we're seeing an increase in the rate of work-related accidents in the Carolinas and elsewhere. According to the U.S. Bureau of Labor Statistics, the non-farm employment stats increased by about 200,000 in December. Now, the unemployment rate sits at less than 9 percent. An increase in employees has been seen in the industries of mining, health care, manufacturing, transportation and warehousing, among others

Our Carolina workers compensation lawyers understand the unemployment rate is down. More than 13 million people were unemployed in the United States in December. While this number may seem large, it's important to remember this is in fact a reduction from recent statistics. This is nearly a 1 percent reduction in the unemployment rate since August of 2011. As people are heading back to work, it's an important time to remind employers they have a responsibility to protect employees from common serious and fatal work accidents.

Major Work Group Numbers in December of 2011:

-The unemployment rate for adult men showed an 8 percent decrease in December.

-The unemployment rate for adult women stood at nearly 8 percent.

-The unemployment rate for teenagers stood at more than 23 percent.

-The unemployment rate for white employees stood at nearly 8 percent.

-The unemployment rate for black employees was nearly 16 percent.

-The unemployment rate for Hispanics stood at about 11 percent.

-The unemployment rate for Asians was still about 7 percent

The number of those who were long-term unemployed, meaning that they were without a job for more than 26 weeks, stood at about 42 percent of the unemployed population.

The number of people who were part-time employees, for economic reasons, dropped by more than 370,000. This category defines individuals who were partaking in part-time work because their position, hours or ability to find work had been cut.

Nearly 3 million people were marginally attached to the labor force in December, meaning that while they were not in the labor force, they wanted and were available for work and had looked for employment sometime in the previous year. These individuals were not considered to be unemployed because they didn't look for a job in the 4 weeks prior to the survey.

December's Employment Rates:

-The number of employed and unemployed members of the civilian labor force stood the same throughout the month.

-Non-farm employees increase by roughly 200,000.

-Private sector employees rose by more than 210,000.

-The number of workers in transportation and warehousing increased significantly by more than 50,000.

-Seasonal employee hiring was strong in December.

-The retail industry gained nearly 30,000 workers.

-The manufacturing industry gained nearly 25,000 employees.

-The mining industry increase by nearly 10,000 employees.

-Health care gained nearly 25,000 workers.

-Food services (hospitality and leisure) gained nearly 25,000 employees.

-The construction industry remained about the same.

According to the preliminary stats, there were nearly 5,000 fatal work accidents in 2010. As the economy recovers and the working market gets more employees, accidents are bound to be more common. Be safe our there to help to reduce the risks of a work-related accident in 2012.

Continue reading "Unemployment Rates Dropping, Risks of Carolina Work-Related Accidents Increasing" »

Workers' compensation attorneys in Winston-Salem, Charlotte, Statesville and elsewhere hope that everyone drives safely this holiday season to help avoid a serious or fatal work-related transportation accident in North Carolina or elsewhere.

We recently posted on our North Carolina Car Accident Lawyers Blog, that a state trooper, along with two other vehicle occupants were injured in a work accident in North Carolina. The police officer was responding to a potential drunk driving arrest. Many of us associate work-related transportation accidents to jobs that require emergency response efforts. But that isn't the only time that workers are in danger of being involved or struck by a vehicle that can cause serious injury or death while performing a job task.

IndependentMail.com recently reported about a worker who was struck and killed by a passing car while he was working at a job site in South Carolina. The employee had just arrived at the site and was assisting a group of workers from the town's water department who were working to repair an underground line. A 2005 Honda hit the worker as it passed by. The town employee was taken to AnMed Health and Medical Center by ambulance where he was later pronounced dead from chest and head trauma. The 47 year-old man had worked for the town water department for 10 years and town officials state he is the third employee to be killed while working in the small South Carolina town of Honea Path. No charges have been filed but the accident is still under investigation. The South Carolina Department of Labor and U.S. Department of Labor have both been notified of the fatal occupational injury.

Earlier this year, the North Carolina Department of Labor reported that there were 48 fatal occupational injuries in 2010. The two most common causes of death at work in North Carolina last year were fall accidents and struck-by accidents, which in many cases were related to transportation incidents. Though the 48 fatal workplace accidents were below the previous five-year average of 53.2, it was an increase from 2009 in which 34 occupational deaths were recorded.

Employees who rely on transportation to perform their job responsibilities have been given the following Safe Driving Practices for Employees by the NC Department of Labor:

-Always give driving your full attention rather than allowing yourself to be easily distracted.

-Remain calm, courteous and patient every time you get behind the wheel rather than engage in aggressive driving practices with other motorists.

-Make sure tools and equipment are tightly secured rather than leave them loose, where they can cause severe injury if they become airborne.

-Never drive drowsy or under the influence of drugs or alcohol as these are two common causes of transportation incidents at work.

Much attention is given to the safety of drivers in transportation accidents but very little attention is given to the safety of workers at risk of being struck by a vehicle. Employers have a responsibility to make sure these workers are protected by creating a safe work zone and making them visible to other motorists who are passing by. All workers have a right to be protected from a work-related accident so employers must take the necessary actions to make sure that happens each and every day on the job.

Continue reading "Fatal Work-Related Transportation Accident a Reminder to Drive Safe in North Carolina Throughout the Holidays" »

A teenage worker from Charlotte was recently killed in a backhoe accident at a South Carolina construction site. The Republic reports the 18-year-old was working at the future site of the Giordana Velodrome, a 250-meter track with embankments measuring as steep as 40-degrees. The construction worker, employed by Indian Trail-based Kempf Contracting, was injured and taken to Piedmont Medical Center where he was later pronounced dead. South Carolina Occupational Safety and Health Administration officials are conducting an investigation into the cause of death and the events surrounding the accident.

Workers' compensation lawyers in Asheville, Winston-Salem and throughout North Carolina know that many workers risk their lives daily while performing their work tasks, especially in the construction industry. Employers must be vigilant about training young workers or new hires on how to operate certain equipment to avoid a preventable accident at work.

A high percentage of construction jobs require workers to operate large pieces of machinery. Operators of heavy equipment should be required by their employer to take annual Occupational Safety and Health Administration (OSHA) safety training. Any worker who is not trained on how to operate a backhoe or other large piece of equipment safely is at considerable risk of injury, and the employer can be fined for company negligence when an accident occurs.

Beyond crucial training on how to operate construction equipment, there are some things that backhoe operators should keep in mind while they perform their daily work tasks. Backhoe operators should always check the equipment for proper functioning before starting a task. Check the equipment to make sure lights and signals are functioning properly, as well as connections, tires and guards are tight and ready for safe operation. Anything that is not in working order should be repaired before starting the engine. Backhoe operators should always check their surroundings before they begin a task. This includes checking the area for obstacles or other workers who might be trying to complete a task at the same time.

Additional backhoe safety tips include:

-Park backhoes on level ground as opposed to an incline or slope. Make sure to lower the backhoe and bucket to the ground. Always block the wheels, take the key out of the ignition and engage the parking brake when leaving at the end of the day.

-Workers are at risk of being crushed when the backhoe moves upward, so always make sure the hitch lock-down device is in place.

-Know the location of underground cables, water pipes, or gas lines before you start digging. A signal person can help determine obstacles and help you avoid contact while you are digging.

-Reduce speed of the machinery while operating to avoid rollover accidents.

-Make sure other workers steer clear from the backhoe swing area.

-Keep the weight of the machine balanced while working on slopes.

Continue reading "Backhoe Accident at South Carolina Construction Site Kills 18-Year-Old From Charlotte" »

Our Statesville workers' compensation lawyers thought state employees might want to know what happens if they suffer an accidental injury or contract an occupational disease according to the State Government Workers' Compensation Program.

Cases of workers' compensation in North Carolina can be difficult to navigate, which is why consulting with an experienced law firm is critical. Don't try to handle these types of cases alone.

Who's covered?
Under the State Government Workers' Compensation Program, all full-time, part-time and temporary North Carolina state government employees are covered. This includes all university and agency employees and officers, all state elected officials, all General Assembly members or those appointed by the Governor.

What's covered?
Under the North Carolina Workers' Compensation Act, a covered workers' compensation injury is one that was caused by an accident or incident which happened out of and in the course of your job. The Workers' Compensation Act doesn't give payment for all injuries, but for injuries by accident.

An accident is defined as a prior event causing the injury. If there is no accident and injury occurring while performing a task in the usual manner is not compensable. The "by accident" has two exceptions according to the law.

If a back injury or hernia happens as a result of a specific traumatic incident while at work they are compensable in the absence of an accident previous to the injury. Under the Act, certain occupational diseases are compensable.

A disease that is proven to be due to conditions and causes which are part of a particular employment or occupation and the exposure is more than that of the common public outside of the job. Occupational diseases of this nature are usually caused by a chain of events of similar nature, happening regularly or at frequent periods over a course of time in the employment. All everyday diseases of life to which the common public is equally exposed are not compensable.

What the employee must do
Injured workers have the responsibility for claiming compensation. They must immediately tell their employer about the accident as soon as possible after it happens; notification must be made within 30 days or their employer may refuse compensation.

Regarding occupational disease, an employee must let their employer know when they are first informed by a competent medical professional about the nature and work-related cause of the illness. North Carolina Industrial Commission (NCIC) must receive a claim filed by either the employee or the employer within two years from the date or knowledge of the accident or illness or the claim is excluded by law.

What the employer must do
The primary responsibility of the employer when a worker is injured is to plan for and provide any necessary treatment for the work-related injury. A Third Party Administrator (TPA) is responsible for monitoring and processing the claims and is accountable for denying or accepting liability for the State. In accordance with the North Carolina Workers' Compensation Act the TPA is responsible to pay medical benefits and compensation. The goal for everyone is to get the worker healthy again so they can return to work as soon as possible.

Medical Benefits
If you have a compensable injury, your employer will pay for your medical treatment. Your employer will give you a medical treatment authorization form to give to your doctor. If no form is provided then all bills must be sent to your employer. The State Government Workers' Compensation Program provides for vocational rehabilitation in cases where your disability requires training to help get you a job that matches your performance capabilities.

Closing of Claims
Claims are usually closed when the worker achieves maximum medical improvement and goes back to work without restrictions. Claims that have only medical benefits are closed after the last medical bill is paid and claims that have compensation are closed when the last compensation payment is paid.

Continue reading "North Carolina Injured Workers: What to Do, Who to Tell" »

We all know that working on and around stairways and ladders is dangerous and can lead to injury or death in the construction industry. That's why the Occupational Safety and Health Administration (OSHA) has many rules and safety standards that apply to all stairways and ladders used in repair, painting, decorating, alteration, demolition and construction.

A previous post on our North Carolina workers' compensation lawyers blog discussed a compliance tool published to assist employers with preventing fall-related injuries and deaths among residential construction workers. Our North Carolina workers' compensation lawyers in Gastonia are aware that falls are the primary cause of construction workers' deaths.

Employers must provide ladders and stairways when:

-There is a gap in elevation of 19 inches or more and no runway, embankment, ramp or personnel hoist is available.

-There is only a single point of access between levels that must remain clear of obstacles. If the single point of access becomes restricted, a second point of access must be provided for workers to use.

-If there are more than two points of access, employers must keep at least one point clear for easy passage.

The following rules are relevant for all ladders:

-To avoid a slipping hazard, ladders must be free of any oil or grease.

-Never load ladders above their maximum load nor above their manufacturer's rated capacity.

-Use ladders only on level and stable surfaces, unless they're secured, to prevent unintended movement.

-Never use ladders on slippery surfaces. If it must be on a slippery surface, use slip-resistant feet and secure the ladder to prevent accidental movement.

-Always secure ladders to prevent movement in high traffic areas such as doorways, passageways or driveways -- or put up a barricade to eliminate traffic and activity around the ladder.

-The top and bottom of ladders should be kept clear.

-Never shift, move or extend ladders while in use.

-When using ladders around energized electrical equipment, they should be equipped with nonconductive side rails.

-Always face the ladder when going up or down.

-When climbing a ladder, use at least one hand to hold on.

-Never carry loads or objects that could throw you off balance and cause a fall.

When ladders become unusable the following rules apply:

-Any portable or fixed ladders with structural damage must be tagged/marked defective and taken out of service immediately.

-Defective fixed ladders can be blocked by using plywood attached to several rungs indicating it is out of service.

-Before putting a damaged ladder back in service, the condition of a repaired ladder must meet its original design criteria.


The following rules apply to all stairways:
-Non-permanent stairways must have landings 22 inches wide and at least 30 inches deep.

-Stairways must be installed at least 30 degrees and not more than 50 degrees from the horizontal. Stair tread depth or riser height variations must not exceed 1/4 inch.

-Directly opening doors and gates on stairways must have a platform that extends at a minimum of 20 inches beyond their swing.

-Metal pan treads and metal pan landings must be held in place before filling.

-Protruding nails must be fixed on stairway parts.

-Slippery conditions must be corrected immediately on stairways.

-Spiral stairways cannot be used by workers unless they are a permanent part of the structure.

Employers must train all workers to identify hazards related to ladders and stairways. Every employee needs to know the potential of fall hazards on the job site, the correct procedures for assembling, maintaining and disassembling the fall protection systems, how to properly construct, use and place all stairways and ladders, and the maximum load capacities of ladders.

Continue reading "Stairways and Ladders Create High Risk of Injury for North Carolina Construction Workers" »

Work injuries from fall accidents in North Carolina can often be complex and require substantial medical care to heal properly. Employers throughout the country have a responsibility to protect workers from being injured on the job, but in most cases, they don't provide the proper safety equipment required by law to protect their employees.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced a three-month phase-in period for residential construction employers to comply with the agency's new directive for fall protection in the workplace. After Sept. 15, employers who fail to comply will be cited.

Statesville workers' compensation attorneys know that fall accidents occur on North Carolina work sites as often as anywhere else in the country, so call an experienced attorney to help you fight for the compensation you deserve. Don't get inundated with doctor appointments and medical bills without the help of a legal professional.

We first posted about the new directive for residential fall protection compliance in December of 2010 on our North Carolina Workers' Compensation Lawyers Blog. OSHA is offering phase-in period will begin June 16, during which employers will receive a hazard alert letter informing them of methods they can use to comply with OSHA's fall protection standard.

If an employer fails to make changes outlined by the alert letter and is later inspected and cited for the same violations, OSHA will fine the employer for the lack of attention provided for the welfare of its employees.

"We want to make sure that the residential construction industry has every opportunity to successfully come into compliance with the new directive," said assistant aecretary of Labor for Occupational Safety and Health Dr. David Michaels. "I am confident that this phase-in period will provide employers the additional time and flexibility they need to alter their work practices in accordance with the requirements of the new directive."

OSHA offers a Safety and Health Topics webpage that identifies fall hazards and possible solutions for eliminating these hazards in the workplace. Employers are encouraged to use this page as a reference for company policy when it comes to fall protection.

Employers who lack the knowledge and fail to understand the new directive for Compliance Guidance for Residential Construction from this point on are exhibiting signs of ignorance. OSHA spells it out clearly through various resources. The agency offers free resources to employers who need assistance and offer a compliance assistance specialist in most area offices.

Residential construction employers owe it to their employees to create a safe environment to reduce the number of fall accidents occurring at job sites. Anything less is a poor excuse and should result in taking legal action.

Continue reading "90-Day Partial Leniency Offered to Employers for Fall Accidents at North Carolina Job Sites" »

Our Charlotte workers' compensation attorneys want to reiterate the importance of workplace safety after learning of a recent accident that took the life of a Lowe's employee in Charlotte.

We are conducting a series of blogs about common North Carolina work injuries and unexpected dangers that can occur in the workplace.

There are a number of different kinds of accidents and injuries that can occur at warehouses and storage facilities. Falling from a ladder, back injuries sustained from loading heavy boxes, debris or equipment falling from upper storage shelves or collisions with fork lift equipment are a few that come to mind.

The Charlotte Observer reported recently about the tragic event that killed an employee at a Lowe's Home Improvement storage building in South Charlotte. The employee was standing under a garage door when it fell on him, struck him on the head and killed him shortly after being taken to Carolinas Medical Center. The store remained open following the accident with caution tape surrounding the area where the garage door fell. Detectives and the North Carolina Department of Labor are investigating the incident.

Employers have a responsibility to maintain a safe work environment by following these worksite analysis guidelines suggested by the Occupational Safety and Health Administration:

-Have an OSHA consultant come visit your warehouse or storage facility at no charge.

-Read up on hazards that can occur in storage areas or warehouses.

-Always encourage employees to report potential dangers and hazards that could potentially hurt someone while performing their job duties.

-Maintain an appropriate system for reporting hazards in the workplace.

-Have your employees form safety teams so more than one person is looking out for dangers or safety issues in the workplace at any given time.

-Review the worksite conditions from previous years in order to assure proper maintenance or changes have been made to enhance safety.

-Inspections of worksite conditions should be conducted by a trained professional, especially if hazards are detected and changes are needed.

-Don't be afraid to get help from safety and health experts. Providing expert care can go a long way in preserving your employee's well-being.

June is National Safety Month. All companies should create an open-door policy when it comes to employee safety by establishing open lines of communication and getting employees involved in an effort to make safety and health a priority. Create safety awareness and prevent unexpected injuries and deaths at work this month and beyond.

Continue reading "Safe Work Environments can Reduce Risk of North Carolina Work Injuries" »

I think we would all agree that the reason we get up and go to work each day is to provide for ourselves or our families. Working in a safe and hazard-free environment allows us to do just that.

We will be embarking on a series of blogs about common workplace injuries in North Carolina to create awareness about dangers and risks faced on the job. The goal of our Hickory workers' compensation attorneys is to let injured workers know that you do have rights and should take action when an injury is sustained at work.

We often post about the dangers of distracted drivers on our North Carolina Car Accident Lawyer Blog, but distractions can also occur on the job when a driver is backing into a loading dock or texting on the way to an appointment.

The Hickory Daily Record recently reported about a fatal accident that occurred at Institution Food House (IFH) when a tractor trailer was backing into a loading dock to unload a shipment. Hickory police report that a man standing in the loading dock was struck by the Pepsi distributor as the driver was going in reverse. The worker was pronounced dead at the scene. The incident is under investigation by North Carolina Department of Labor for unsafe work practices.

This is the second serious work accident to occur at IFH since 2007. In the 2007 work accident, a driver had parked on an incline and was run over by the truck as he got out and stood behind the vehicle, sustaining severe injuries to his lower body. IFH was cited for failure to provide a safe environment; specifically, the tractor trailer was not secured to prevent movement in the loading dock. The company was fined $963 following the 2007 incident.

The Occupational Safety and Health Administration urges employers to create a no-texting policy for all workers. It is projected that with each additional 1 million text messages, the number of distracted driving fatalities in crashes increases by 75 percent.

"It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality," said David Michaels, assistant secretary of OSHA. "We are asking employers to send a clear message to workers and supervisors that your company neither requires nor condones texting while driving."

Employers should:

-Declare their work vehicles as "text-free zones."

-Establish safe times or areas for workers to communicate to managers or get in touch with customers who may be waiting for them.

-Never offer financial incentives to employees trying to get ahead that would encourage or require employees to text while they are driving.

Distractions while driving is certainly a workplace hazard that needs to be addressed in order to reduce the number of injuries and fatalities that occur on the job. Employers have a responsibility to educate and create policies that will keep their employees free from danger. Banning texting could not only keep workers safe, but could save lives of other motorists that share the the road.

Continue reading "Distracted Driving: A Workplace Hazard in Hickory, Throughout North Carolina" »

Our North Carolina workers' compensation lawyers in Statesville and elsewhere urge you to contact an experienced workers' compensation lawyer if you are involved in a work accident in North Carolina. Job injuries can lead to lost time from work or costly medical expenses that you can't afford. Let us relieve you of some stress by guiding you through this complex process.

Here are just a few of the many frequently-asked questions fielded by the North Carolina Industrial Commission :

-Does an employer have to provide workers' compensation coverage?

Yes, if they have three or more employees.

-What should I do if my employer does not have workers' compensation insurance?

You need to notify the NCIC Fraud Section and report that your employer does not have workers' compensation insurance or approved self-insurance.

-What should I do if I am injured on the job?

Immediately report the injury to your employer both orally and in writing.

-Who directs and provides my medical treatment?

The Commission orders your employer or its insurance company to direct and provide medical treatment. The Commission needs to approve an employee's request to change doctors prior to the change. Payments to the doctor are not guaranteed unless written permission to change physicians is obtained.

-What are the Chiropractic Rules?

Your employer can give you permission to go to a chiropractor up to 20 times for medical treatment. If more appointments are needed, your employer needs to approve them first.

-When am I eligible for lost wage compensation?

No compensation is paid for the first seven days unless the disability lasts longer than 21 days. If the disability does last longer than 21 days, then compensation for the first seven days are paid.

-How often are benefit payments made and at what rate of pay?

Usually payments are made on a weekly basis but the Commission can approve monthly payments. The rate of pay is about 67 percent of your weekly pay. For 2009, the maximum weekly pay was $816, which is adjusted annually.

-How long can I receive lost-time weekly benefits?

Current law stipulates until you are able to return to work.

-What is permanent partial disability and who determines it?

Partial or total loss of use of a member of the body or the lack of ability to earn what you did prior to the injury. The Commission decides with the assistance from the impairment ratings of doctors or proof of wage earning capacity.

-What happens if my employer refuses to acknowledge the claim?

When liability for payment of compensation is denied, the claimant, their attorney, the Commission and all health care providers will be notified of the reason for the denial. The denial form must explain in detail the exact reason for the denial of liability. You can file a "Request for Hearing" form if your claim was denied by the insurance company. You may be required to pay medical bills if the claim was deemed a non-compensable workers' compensation claim.

Injured or disabled workers should always seek the help of a legal professional if your claim is denied. Workers' compensation attorneys will fight for your rights and get you the compensation you deserve.

Continue reading "North Carolina Workers Injured on the Job Get Answers to Frequently Asked Questions" »

This week, the House floor will vote on a revamped compromise bill to overhaul the state workers' compensation system, the News Observer is reporting. Lawmakers voted to pass the "Protecting and Putting North Carolina Back To Work Act" on second reading by a vote of 106-8.

Our Charlotte workers' compensation lawyers know the House committee passed the measure last week after a long-awaited decision and the final vote is scheduled for this week. The revised bill is a victory for Carolina families that prevented big businesses from winning a cap on benefits.


To recap, the original bill would have done the following:

-Insurance companies and defense lawyers could discuss your case with your doctor without your permission or your attorney knowing about it.

-If the insurance company thinks you are "failing to cooperate," your total disability benefits could be cut off.

-You would have no choice in what doctor you go to.

-Total and permanent disability benefits would end at 500 weeks (there are some extreme exceptions).

The most controversial part of the original bill would have stopped income benefits for most workers at 500 weeks, which is just under 10 years - except for the most severe cases, such as a worker's loss of both hands or paralysis. The cap still stands under the revised bill, but new exceptions have been made.

"Many may feel that the bill does not go far enough to reduce costs and others will feel the provisions fall short of protecting the interests of injured workers, but in times such as these all sides made compromises, and overall we feel the changes preserve the backbone of our workers' compensation system that pays fair compensation to injured workers at a reasonable cost to the employers," said Dick Taylor of the lawyers' group.

Under the revised bill, workers would be able to qualify for extended compensation as long as they can prove that they have "sustained a total loss of wage earning capacity."

"The N.C. Chamber fought hard and won major concessions, and yet the common ground preserved in the consensus bill allows North Carolinians to retain a fair workers' compensation system," said workers' compensation attorney Gina Cammarano, a former special deputy commissioner at the North Carolina Industrial Commission.

Continue reading "Long-Awaited Benefits Decision Favors Families of North Carolina Workers Injured on the Job" »

A Raleigh doctor who has practiced medicine for more than 20 years is speaking out about workers' compensation insurance carriers. He warns that those filing workers' compensation claims in North Carolina should be prepared to battle employers and insurance companies as they attempt to limit the amount of medical care that an injured worker receives, according to News Observer.

This doctor has witnessed insurance carriers instruct nurse case managers to sit in on medical appointments of injured workers. These carriers report the appointment results back to insurance adjusters and question treatment plans to secure a treatment more appealing to these insurance companies instead of what may actually be more beneficial for the patient.

Our North Carolina workers' compensation lawyers understand that the workers' compensation system can be shoddy at times with insurance companies looking to cut corners to save a quick buck. Those who have experienced a work accident in the area are urged to speak with an experienced attorney to assure that they're getting the proper compensation for their injuries.

Even when nurse case managers aren't present, insurance companies often have "Peer Review" doctors from other hospitals discuss treatment recommendations for these patients to benefit the insurance agencies.

Most often, doctors are paid poorly when treating workers' compensation patients. Many doctors are hesitant - and sometimes refuse - to treat these patients.

To make matters worse, a newly proposed bill aimed at changing the workers' compensation system will further erode the ability of a physician to care for an injured patient independently. We're referring to House Bill 709, also known as "Protect and Put N.C. Back to Work."

This new bill would allow insurance companies to contact your doctor directly to demand that treatment plans be changed. It drastically decreases the ability of an injured worker to request changes in treatments. Workers would then be barred from receiving second opinions and would be prohibited from seeking opinions from private doctors.

As we've recently discussed on our North Carolina Workers' Compensation Lawyer Blog, local lawmakers need to take every precautionary step to protect the current workers' compensation system and fight against any so-called "reform" that would do nothing other than strip rights from injured workers. The main focus of these bills needs to be protecting our injured workers and providing them with the proper compensation instead of finding new ways to benefit insurance companies and large corporations.

Only real workers' compensation reform would continue to strengthen what is left of the doctor-patient relationship. A legitimate reform would recognize that cost containment is secondary to the goal of affecting the most complete, quickest and easiest recovery for the injured worker. The newly proposed House Bill 709 does nothing of the sort and North Carolina workers deserve better from their government.

Continue reading "Doctor Fed Up With So-Called North Carolina Workers' Compensation Reform" »

Secretary of Labor Hilda L. Solis recently announced a nationwide outreach proposal by the U.S. Department of Labor's Occupational Safety and Health Administration to educate workers and their employers about heat-related illnesses caused by working outdoors.

Our North Carolina workers' compensation lawyers in Greensboro and elsewhere know that working outside can lead to life-threatening Carolina heat-related illnesses. If you have an outdoor job, contact an experienced lawyer if you suffer from heat stroke, heat exhaustion or any other heat-related illness.

"If you're working outdoors, you're at risk for heat-related illnesses that can cause serious medical problems and even death," said Secretary Solis. "But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message - water, rest and shade."

Every year, thousands of outdoor workers develop a heat-related illness, which often starts as heat exhaustion. If corrective measures are not taken quickly, heat exhaustion can become heat stroke, which killed more than 30 workers last year. Heat stroke occurs when the body can not regulate its own temperature. Your body's natural cooling mechanism is sweating, with heat stroke your body will stop sweating causing your temperature to rise as high as 104 degrees or more.

"As we move into the summer months, it is very important for workers and employers to take the steps necessary to stay safe in extreme heat," said OSHA Assistant Secretary Dr. David Michaels. "Drinking water often, taking breaks and limiting time in the heat are simple, effective ways to prevent heat illness."

Workers in the following jobs can be susceptible to heat related illnesses: landscaping, construction, road repair, cooks and kitchen workers, airport baggage handling, law enforcement, recreation maintenance personnel and staff in warehouses without air conditioning. Heat-related illness educational materials for workers in both English and Spanish have been developed by OSHA; along with a curriculum to be used by employers for workplace training. Federal OSHA got assistance from California OSHA because of their state's successful outreach campaign on heat illness. OSHA has recently partnered with the National Oceanic and Atmospheric Administration (U.S. NOAA) on weather service alerts. This partnership will add worker safety precautionary tips when U.S. NOAA issues heat alerts.

Additional information can be found on U.S. NOAA Heat Watch Web page and OSHA's heat illness website.

Continue reading "Heat-related illnesses sustained on the job a concern to workers in Greensboro" »