Recently in Carolina Work Accident Category

August 5, 2015

Fernandes v. DAR Development Corp. - Trench Collapse Work Injury Lawsuit

The Occupational Safety & Health Administration reports two workers are killed monthly in the U.S. due to trench collapses. Employers owe their workers a duty to create a hazard-free work environment that doesn't imperil employees and put them at risk for serious injury or death. constructionsite1.jpg

Cave-ins in particular pose a grave risk, and are more likely to be fatal than other types of excavation-related accidents.

The recent case of Fernandes v. DAR Development Corp. involved a worker who was injured as a result of a trench collapse. The case, a third-party work injury lawsuit, was recently before the New Jersey Supreme Court.

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July 30, 2015

Trench Collapse Work Injury Results in $424K OSHA Fine

A construction company has been ordered by federal regulators to pay nearly $425,000 in penalties for six egregious violations of workplace safety leading to the near-death of a worker who was buried in an eight-foot trench. pipework.jpg

The collapse happened fast, within a matter of seconds. His co-workers rushed to his side and helped to dig him out with their bare hands. Then, just moments after they pulled him to safety, the trench, which was unprotected, collapsed again.

The worker was severely injured and had to be hospitalized.

Now, following an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), the company was found to violate 16 total safety violations, with of those being the more serious, "willful violations" for failing to protect its workers. OSHA investigators say the construction company was aware the site was dangerous, and yet did not take the necessary, adequate measures to protect workers.

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March 14, 2015

Multiple Reports Detail Workers' Compensation Program Reductions

About one year ago, investigative reporters at NPR and ProPublica teamed up to examine in-depth the impact of recent legislative changes to the workers' compensation system nationwide. Numerous state-level reforms in more than 30 states appeared to be targeting protections that once provided the critical foundation of the programs.
What those investigators did not know was at the same time, federal investigators launched their own inquiry - and released their almost identical findings on the very same day.

Both reports - one from NPR/ProPublica and the other from the Occupational Safety and Health Administration - detail changes that have had devastating consequences for hundreds of thousands of people who suffer serious on-the-job injuries each year. These changes have been almost exclusively driven by large corporations and insurance companies, which have pushed the narrative that costs for these programs are out-of-control - despite direct evidence that workers' comp payouts have never been lower.

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December 6, 2014

One Dead, Four Workers Injured in Bridge Collapse

Construction workers face some of the most dangerous working conditions when on the job. In a recent tragedy, one man was killed and four workers were injured when a pedestrian bridge collapsed at the Wake Technical Community college campus in Raleigh. According to reports, the injured workers were rushed to the hospital after the collapse. On man suffered severe back and neck injuries, another broke his leg and a third was being treated for pain. Three of the four injured workers were forced to undergo surgery after the accident.


Construction sites are dangerous because of faulty support, heights, potential problems with electricity and a host of other conditions that can pose a risk to workers. In the event of an accident, victims and their loved ones have the right to file a workers' compensation claim and to collect financial benefits to cover lost wages and medical expenses. Though workers cannot traditionally bring claims against their employers, they can bring personal injury claims against third-parties, including property owners, manufacturers, and other subcontractors.

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December 2, 2014

Sheriff Files Workers' Compensation Claim and Lawsuit After Collision

Law enforcement officers face dangerous working conditions when on the job. In addition to the potential for assault or violence, officers could be at risk of a car collision or other accident. In a recent case, a South Carolina sheriff's deputy was injured in an automobile accident that also resulted in the death of a woman.


According to reports, the sheriff's deputy was riding with his partner when he lost control of the patrol car. Police reports indicated that after losing control, he struck another vehicle resulting in the death of a 45-year-old woman and four other passengers. The sheriff is entitled to workers' compensation benefits and is filing additional lawsuits against Anderson County and the South Carolina Department of Transportation.

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November 25, 2014

Campos v. Daisy Construction Co. - Benefits for Injured Undocumented Workers

The subject of illegal immigration and undocumented workers tends to be a particularly heated political issue, especially when the issue comes to federal and state benefits secured by these individuals.
Many states, including North Carolina, still recognize the rights of workers injured on the job to be at least minimally reimbursed for medical expenses by the employer's insurer - regardless of the worker's immigration status. This almost changed earlier this year with H.B. 369, which would have stripped these benefits from undocumented workers. The law would have exempted companies from paying workers' compensation to workers who were undocumented where it could be shown employer didn't know worker was here illegally at the time of hiring due to false representations by worker.

The measure was tucked into a bigger bill of criminal reforms, but was later removed amid stark opposition from health care lobbyists worried injured workers would show up en mass without coverage, resulting in more than $1 billion in additional charity care provided by state hospitals. Those costs are also absorbed by taxpayers. Others worried this would encourage companies to hire illegal workers and then turned a blind eye to misrepresented immigration status until it became beneficial to know otherwise.

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July 5, 2014

Job Security and Recovery After Work-Related Injury

Workers who suffer on-the-job injury may have more to worry about than just physical recovery or medical bills. According to recent reports published by the Workers' Compensation Research Institute (WCRI), employees who have filed workers' compensation claims are often concerned about retaliation or job loss following the injury. Furthermore, individuals who have some security in their employment may fare better in their recovery. Research indicates that those who feel that they have job security after an injury have shorter periods of disability than those who fear they may be fired.


These studies show both the emotional and psychological damage of a work-related injury and also the reality that some employees may hesitate to file a claim because of job security issues. Our Asheville workers' compensation attorneys are dedicated to protecting the rights of individuals who have been injured on the job. In addition to raising awareness to secure workers' rights, we are also staunch advocates for clients seeking to recover workers' compensation benefits or third-party damages.

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June 14, 2014

Burley v. U.S. Foods - The Commission Isn't Always Right

An out-of-state trucker may now pursue workers' compensation benefits in North Carolina for a back injury he sustained out-of-state, based on the fact that the division headquarters was local. This was despite the state's Industrial Commission's initial refusal to accept jurisdiction over the matter.
The North Carolina Court of Appeals later accepted review of Burley v. U.S. Foods, et al. at the plaintiff's request, and ultimately reversed the commission's finding in favor of the plaintiff.

Charlotte workers' compensation lawyers know this case reveals that workers should not necessarily be discouraged by the outcome of the initial hearing. This is not the first time the commission's decision has been successfully challenged, and it certainly won't be the last.

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May 5, 2014

Steel Foundary Fined $2.4 Million for Safety Violations

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

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

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April 23, 2014

Remote Workers Face Additional Work-Injury Risks

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

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

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April 20, 2014

Noisy Worksites Make for More Accidents

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

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

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April 16, 2014

Parking Lot Injuries and Workers' Compensation Claims

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

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

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April 7, 2014

Temporary Worker Protection A Growing Focus

Amid growing concern that legislators have failed temporary workers by allowing regulation of their well-being to slip through the cracks, lawmakers in California are taking action. factory2.jpg

According to a new report by ProPublica, the state may become one of the first in the country to hold company's legally responsible for safety and wage violations by subcontractors and temp agencies that supply them with a temporary work force.

Our Greensboro workers' compensation lawyers have grown increasingly concerned about the ballooning temporary workforce. Although these individuals are entitled to work injury compensation through the staffing agency or subcontractor, the fact is they suffer work ailments at a rate 50 percent higher than the average worker. (In some states, the rate has been noted as more than 70 percent higher).

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March 25, 2014

Court: Workers' Comp Laws Bar Estate From Wrongful Death Case

The estate of a residential treatment counselor who worked at a mental health clinic will not be allowed to proceed with its wrongful death action against two administrators at the facility, according to a recent ruling by the Supreme Judicial Court of Massachusetts.
Although the ruling in Estate of Moulton v. Puopolo is technically only applicable in that state, our Asheville workers' compensation lawyers know that the reasoning is based on a legal principle that is relevant to North Carolina injured workers and their families.

The basis of the decision is this: Workers' compensation laws serve to act as an exclusive remedy to injuries that arise out of the course of employment. That means that eligible employers are usually immune from personal injury or wrongful death claims that result from workplace hazards. Personal injury actions and wrongful death claims resulting from work injuries must be filed against third parties other than the employer.

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March 22, 2014

Proof of Casual Relationship Required for Compensable Work Injuries

The lingering effects of a work-related injury can last a lifetime. If a worker has to undergo continuing treatment for that earlier injury, our Winston-Salem workers' compensation lawyers will fight to make sure that the new expenses are covered.
It's important for workers in these situations tounderstand that proving correlation between current medical treatment and a previous work injury can be a complex matter. However, it's imperative that there be ample and continuing documentation proving that the two are connected. Otherwise, an administrative law judge could reject your claim.

That's what happened in the recent case of Bodily v. State ex rel. Wyo. Workers' Safety & Comp. Div., which was reviewed by the Wyoming Supreme Court.

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