North Carolina Workers' Compensation Lawyers Blog

According to the Occupational Safety and Health Administration (OSHA), more than 130 workers have been killed and more than 780 injured since 1980 as a result of combustible dust explosions. Our Charlotte work injury attorneys know that many of those injured as a result of combustible dust are emergency workers or first responders, especially firefighters.

First responders and others working in environments where explosions may occur have inherently dangerous jobs. Following OSHA guidelines to try to protect these workers and to make these risky jobs safer is absolutely essential.

OSHA Tips on Avoiding Combustible Dust Explosions

The OSHA Office of Communications announced at the start of April in a News Release that a new informative booklet had been published catering to first responders and establishing safe procedures for dealing with combustible dust.

OSHA's booklet is called "Firefighter Precautions at Facilities with Combustible Dust," but the booklet can also be useful for any workers who might potentially be exposed to the dust particles that can cause a fire or explosion when suspended in air.

OSHA explains that combustible dusts consist of a number of different types of dust particles that are most prone to igniting. For example, combustible dust may consist of: fiber, flakes, fine particles or chunks of material including:

Metals, such as magnesium and aluminum

• Wood
• Rubber
• Plastic
• Coal
• Sugar
• Flour
• Paper

All of these materials are very common at many workplaces ranging from commercial bakeries to construction sites to the factory room floor. Unfortunately, as OSHA points out, almost any solid material in fine dust form that burns can be exploded. What happens is, the combustible dust in the air in the factory or worksite will become ignited. As a result, a flash fire can occur. A flash fire is described as a sudden, high-pressure fireball that spreads quickly.

Multiple firefighters have been killed by these fireballs that spring up as a result of the dangerous dust hanging in the area. To avoid this, OSHA suggests:

• Pre-incident reviews. In facilities that are highly likely to produce combustible dust, an inspection might be appropriate to ensure that emergency responders are aware of the conditions they would find in an emergency situation.
• Consulting with safety data sheets (SDS)- These sheets should be an important source of basic information about the different types of materials in the combustible dust.
• Using appropriate protection systems. In workplaces with significant dust hazards, OSHA advises the use of various protection systems including relief vents or abort gates. These would allow for pressure or burning materials to be directed outside of confined areas. High-speed detection and suppression systems can also be used to avoid the risks of combustible dust explosions.

Ultimately, firefighters and first responders must be aware of and prepared to handle the risk of combustible dust and workplaces likely to produce such dust must have precautions in place to try to prevent explosions from occurring. With everyone doing his part, hopefully fewer workplace accidents will occur among those in dangerous first responder jobs.

Continue reading "OSHA Issues New Regulations for Injuries Due to Combustible Dust Explosions" »

In some parts of the country, there is an old joke that says there are only two seasons: winter and roadwork. While this joke doesn't quite ring as true in the Carolinas, amid relatively mild winters, the fact is that the amount of roadwork projects underway does significantly increase during the spring and summer months as the weather gets better.

Our Spartanburg, South Carolina workers' compensation lawyers know that roadwork season presents some risk to drivers as well as to those doing the construction work on the road. While drivers may be in danger of getting into car wrecks if they don't follow or don't understand detours and changes prompted by the roadwork, it is ultimately those who are doing the construction who are at the greatest risk of getting hurt.

Employers who hire road crews to perform road work should ensure that there are adequate safety protections in place to do everything possible to keep their workers safe. The laws in South Carolina also aim to protect construction crews working on infrastructure problems by requiring drivers to move over.

Move-Over Laws and Roadside Work Injury Prevention Tips
South Carolina has a law on the books in section 56-5-1536 that requires motorists to move over into adjacent lanes when possible if they are passing temporary work zones. This law, along with a requirement that drivers move over when they come upon law enforcement or first responders at a collision scene, aims to ensure that cars are not too close to people who are working on the side of the road.

The law mandating that drivers move to a further lane when passing a temporary work zone is called a "move over," law. It applies in any work zone where there is an area of road identified by orange work zone signs; by equipment with flashing lights; or by the presence of construction workers performing their jobs.

• The move over law does more than just mandate a driver move into another lane. The law also requires that drivers:
• Maintain proper control of their vehicle.
• Significantly drop the speed of their vehicle. Drivers who are unable to move over are also required to maintain a speed that is safe in light of the proximity to workers.
• Yield the right-of-way by shifting into a lane not adjacent to the work being performed in any situation where the highway has at least four lanes, two of which go in the same direction. Of course, drivers should only move over when it is safe and practical to do so.

Violating the move-over laws or violating the emergency scene laws is a serious moving violation. Those who put the lives of temporary workers at construction sites in danger can find themselves facing misdemeanor charges and can be required to pay fines equal to hundreds of dollars. Not only that, but if a driver endangers workers by failing to move over, operate the car slowly and use good common sense when driving through a work zone, the driver could potentially be sued if a work accident happens.

While those injured at work are normally expected to obtain compensation only through workers' compensation from their employer, when a worker gets injured by a third party car accident, the worker retains his right to file a lawsuit against the third party who caused harm. This suit can be brought in addition to a workers' compensation claim against the employer.

Continue reading "Roadside Workplace Injury Prevention Necessary During Spring Construction Season " »

Our Anderson workers' compensation attorneys know that the Occupational Safety and Health Administration plays an important role in keeping workers safe. Unfortunately, cuts to OSHA are just one way in which workers may be endangered by something called the "sequester."

The sequester went into effect on March 1, 2013, cutting the budget of the United States federal government by $85 billion this year. The cuts will occur across-the-board and the Post and Courier indicates that South Carolina is going to be hit hard. One of the potential consequences of the sequester and resulting cuts is that workers in the state may be at greater risk of injury and may have a harder time getting their workers' compensation benefits.

Workplace Injuries May Increase Due to The Sequester
The sequester was established as part of a standoff between Democrats and Republicans in 2011. The leaders of the political parties were not able to come to an agreement on how to cut spending to address the growing deficit in the United States. As a result, the sequester was proposed.

The arrangement was that $85 billion would be automatically cut from defense spending and discretionary spending, if the parties could not agree on an alternative solution. The cuts were intended to be painful so that neither political party would want them to go into effect but the parties could not agree and the cuts took effect on the first of March.

As the Post and Courier indicates, this means that some federal workers in South Carolina will be furloughed. The sequester is expected to slow growth and shrink the GDP, so other employers may also be forced to make personnel cuts as well.

Unfortunately, whenever employers lay off workers or cut back their hours, this increases the chance of an accident happening. After all, fewer workers will be trying to do the same amount of work, which can lead to rushing and careless accidents. Workers may also be asked to complete tasks they don't normally do, which could put them in jeopardy of being hurt.

Employers, strapped for cash by the sequester, might also cut corners when it comes to ensuring a safe workplace or taking steps to protect workers from injury.

Unfortunately, these employers may not be caught if this does occur because OSHA inspectors are also being furloughed. The National Safety Council reports that as many as 1,200 potentially-dangerous worksites will go uninspected as a result of the sequester.

All of these factors come together to mean that more workers may be in danger due to the budget cuts. Tragically, even as the risk of workplace injuries increases, it may become harder for workers to make a claim for workers' compensation benefits. This is because employers and insurance companies may be more suspicious of claims during bad economic times.

As Property Casualty 360 reported in their article, insurers are being cautioned to be alert to claims filed by furloughed workers or by workers fearing a layoff who may exaggerate or invent injuries so they can secure workers' compensation benefits.

Property Casualty 360 specifically singles out soft tissue injury claims. Insurers have always been more suspicious of these kinds of claims since they cannot be conclusively proved or disproved using medical evidence. With this heightened suspicion, workers who have a greater chance of being hurt will also have a harder time getting helped.

Continue reading "How Sequester May Increase South Carolina Workplace Injuries" »

On February 26, 2013, My Fox 8 published an article about a North Carolina business saving approximately $270,000 by not having full time employees. According to the article, the situation is part of the "boom in temporary work" which many employers use as a cost-saving measure.

Our Greensboro workers' compensation attorneys know that temporary workers may be covered by workers' compensation through the temp agency that they are technically employed by. However, when an employer hires temporary workers, that employer can also become liable for workplace injuries under certain circumstances. Further, when a company hires temporary workers, the chances of a workplace injury may be higher as a result of lack of experience and other related issues.

Temporary Workers at Risk for Work Injuries
There is a great deal of concern among some experts about the rights of temporary workers and about whether they are in greater danger of being harmed at work. On March 27, 2013, for example, an article on Salon addressed the serious injuries suffered by a temp worker who had been scalded with a 185-degree solution of water and citric acid.

The temp worker was severely burned by the solution when he was cleaning a 500-gallon chemical tank. The hatch on the tank was opened and the solution erupted, covering the worker. According to federal investigators, the bosses in the factory refused to contact an ambulance and instead a co-worker drove him to a medical care clinic. Only after he visited the clinic was he taken to a hospital.

The man died three weeks later due to scalding and chemical burns. Federal investigators reviewed the death and conditions inside of the factory and discovered that the conditions and safety breakdowns were so bad that a criminal investigation was warranted.

Salon indicates that the plight of this worker and his resulting death is not unusual and that there are 2.5 million temp workers in the U.S. who often work in the least desirable conditions, who are often injured at work and whose injuries are often unreported.

This became a higher profile case because of the death and because of the egregious behavior of all involved. However, any temporary worker may be at risk because he is less sure of his rights; because the safety rules and the conditions where he works might be lax; and because employers and co-workers might feel less responsibility to prevent injury than they would if there was a permanent employment relationship. Many of these injuries happen all the time and no one ever hears of them.

In this case, the family of the man who was burned and killed has filed a workers' compensation claim against the temporary agency that employed the man and a wrongful death claim against the employer.

The dual claims illustrate the potential risks to employers in hiring temporary workers. While workers' compensation normally shields an employer from civil liability and limits a worker to a workers' compensation claim, determining the rights of the worker and the obligations of the employer are more complex outside of the traditional employment relationship.

Continue reading "Temporary Workers May Be At Greater Risk of Workplace Accidents" »

On March 7, MedicalXpress provided information on a disturbing study published in the Journal of Occupational and Environmental Medicine. According to the study, the Bureau of Labor Statistics is significantly underreporting the number of amputations following jobsite accidents. The study was conducted by Michigan State University and the Michigan Department of Community Health, but it raises concerns on a national level.

Our Carolina workers' compensation attorneys understand amputation injuries can be particularly devastating and are a common risk in many occupations. Amputation injuries are life-changing and a worker who loses a limb, fingers, toes or other body parts may need expensive and ongoing medical treatment as a result. Permanent impairment may also result, even with the use of prosthetic limbs.

It is essential for the full number of amputation injuries to be recorded and it is disturbing that some workers who have suffered such serious injury are not being counted.

The Study on Amputation Injury Underreporting
The Bureau of Labor statistics assembles information from all of the states throughout the U.S. on the number of work injuries and types of work injuries that occur over the course of the year.

Health care providers must also report to the state certain types of injuries that occur, regardless of whether those injuries were work-related or not. Detailed data is collected in Michigan by MSU.

Researchers conducting the study on amputations after workplace accidents reviewed available data on both reported health issues/injuries and on the number of work injuries the BLS was told about. Based on the information, researchers found that 616 work-related amputations occurred within the state of Michigan in 2008. Unfortunately, the federal estimate published by the Bureau of Labor Statistics was that there were only 250 amputations in the state. The actual number of amputations from jobsite accidents, therefore, was around two-and-a-half times the number of amputations the BLS indicated occurred.

While this research focused on Michigan, the problem may be far more widespread and the BLS may simply not be reporting on the number of amputations correctly. Errors are likely being made because the BLS reportedly bases it estimates on a review of surveys from only a sample of local employers who are required to complete the questionnaire.

These sample sizes, clearly, may not be fully representative of how many amputations and injuries are occurring. Without accurate knowledge of exactly how many amputations are happening due to work accidents throughout the United States, lawmakers and regulators are less able to effectively do their jobs. As a co-author of the study stated: "How do you know where to deploy your resources?" if you have incorrect numbers and don't know how many people are getting into accidents that cause amputations.

The co-author of the study also expressed concern that it would be difficult to measure whether programs were successful in reducing the number of amputations after work injuries if there was no clear way to measure how many occurred.

It is very important that this measure of human loss be accurate, and the Bureau of Labor Statistics can and should consider a change. According to the MedicalXpress article, BLS altered their use of a survey-based system for tracking fatalities at work because they realized the system was missing around ½ of workplace deaths. A switch was made to including data from police reports, death certificates and other sources and BLS is now more accurate in measuring worker death. Yet, the same outdated survey system remains for calculating the number of amputations, and should be changed to provide a more accurate picture of the state of workplace accidents and injuries.

Continue reading "Study Reveals Federal Data Underreports Amputation Work Injuries" »

In pharmacies throughout the United States, flu vaccines are being offered as we move into flu season. While these flu vaccines are intended to protect patients from catching a potentially dangerous strain of influenza, they are also increasing the risk of workplace injury in pharmacies across the Carolinas and the rest of the United States.

Our Greenville workers' compensation attorneys urge those working in the healthcare profession to exercise care to avoid needle sticks this upcoming flu season. We also remind those in the healthcare industry that many needle stick injuries are preventable if the proper precautions are taken.

The Dangers of Needlestick Workplace Injuries During Flu Vaccine Season
Employees working at pharmacy chains are at risk of suffering needle stick injuries during flu season. Environmental Expert published a December 18, 2012 article in which they summarized data from NIOSH as well as other information about needlestick workplace injuries. According to the article:

• From 2000 to 2011, 31 different pharmacy locations reported 33 different needlestick injuries. While this may not seem like a lot of injuries, Environmental Expert also indicated that many such injuries go underreported.


• 24 of the needlestick workplace injuries that were reported occurred between September and January. This is the period during which flu vaccines are administered. A full 73 percent of the needlestick injuries, therefore, occurred during flu vaccine season.


• The rate of needlestick injuries at major pharmacies generally ranges from 0 to 3.62 for each 100,000 vaccines given.


• Injuries due to needlesticks were most likely to occur after the needle had been used to administer the vaccine to patients but before the needle had been disposed of.

When a worker is struck by a needle, this puts the worker at risk of developing serious medical problems as a result of the workplace injury. For example, a person who is injured at work by a needlestick could develop HIV, tuberculosis or herpes. The Centers for Disease Control also reports that around 20 other pathogens could also be transmitted to a worker as a result of exposure from a needlestick.

Staying Safe from Needlestick Injuries
While Environmental Expert focuses on pharmacies since they administer many flu vaccines during mobile clinics and other events during flu season, pharmacists are not the only ones at risk of potentially being harmed at work by being stuck by a needle. In fact, CDC estimates indicate that as many as 385,000 needlestick injuries occur each year among hospital healthcare workers.

This means that pharmacy workers as well as other healthcare providers all need to exercise caution when using needles to administer vaccines or other medications to patients. Taking your time when using a needle to administer a vaccine, as well as using heavy-duty utility gloves to handle used needles, can both help you to stay safe and avoid this dangerous type of workplace injury.

The North Carolina Nurses Association also has a position statement on safety in the workplace that addresses the issue of needlestick injuries and that provides important information on how to make healthcare workplaces safer for nurses and other care providers. This position statement can give workers some additional advice on how to avoid needlestick injuries and other risks in the healthcare field.

Continue reading "Avoiding Workplace Needlestick Injuries During Flu Vaccination Season" »

According to 2011 data from the Bureau of Labor Statistics, falls were a top cause of workplace deaths last year. Unfortunately, while the dangers of falls are well-known to employers and employees, employers still aren't doing enough to help keep workers' safe.

Our Asheville workers' compensation attorneys urge employers to make a resolution to do better on following fall protection guidelines in the upcoming year. We also want employers and workers to be aware of the grave dangers that falls present in the workplace.

The Dangers of Workplace Falls
The dangers of workplace falls are undisputed and statistics clearly show that many workers are seriously injured or killed as a result of either falling on the same level (slipping, tripping, etc.) or falling to a lower level (down a hole, off scaffolding, etc.). In fact, according to the Bureau of Labor Statistics :

• 666 workers died as a result of falling on the jobsite in 2011. In total, falls were responsible for 14 percent of all 2011 workplace deaths


• 108 fatal workplace falls occurred as a result of slips, trips or other falls on the same level.


• 60 fatal workplace falls occurred when a worker fell down through an opening.


• 38 fatal workplace falls involved a worker falling from equipment or falling as a result of the collapse of a structure.

In addition to the hundreds of workers who were killed in falls, many workers were injured as well. In fact, there were 3 million injured workers in 2011 and many of them were hurt as a result of falling.

Yet, despite the fact that so many workers die or are injured due to falls, employers often seem to come up short in taking safety steps to stop these accidents from occurring. In fact, many employers even go so far as to violate safety standards set forth by the Occupational Safety & Health Administration (OSHA).

Falls are Top Cause of OSHA Citations
Recently, OSHA released a list of the most frequency cited standards in 2012. The data on citations was collected from October 1, 2011 to September 30, 2012. According to their information on OSHA violations that employers were cited for, fall protection rules in the construction industry were the number one source of violations.

In addition, violations of scaffolding standards and requirements were the number three most common cause of citations. Of course, when an employer violates rules on safe scaffolding, the risk of falls is also increased.

OSHA also reported that falls were number one and scaffolding number two on the list of standards that OSHA assessed the highest penalties for in 2012. This means employers paid the greatest price for noncompliance with fall protection and scaffolding safety standards.

The high number of deaths caused by falls, coupled with the fact that noncompliance with fall protection guidelines and scaffolding guidelines are the top causes for OSHA citations, all clearly indicate that employers need to do better in securing the safety of their workers.

Continue reading "Employers Continue to Fall Short on Fall Protection Measures" »

In the workplace, there are many risks that workers' face. Recently, the Bureau of Labor Statistics took a look at some of the top causes of accidents and injuries in 2011. Their data broke down the number of occupational injuries or fatalities by the event or accident that caused the death, and the information provided reveals some important information about how workers are being hurt.

Our Asheville workers' compensation attorneys want workers and employers to be aware of some of the greatest risks in the workplace. Unfortunately, in many cases, the risks come from workers being caught in equipment or being hit by objects or equipment at work. Avoiding these dangerous events should be a top priority to reduce the risk of serious workplace accidents.

The Dangers of Contact with Objects or Equipment
The Bureau of Labor Statistics 2011 data reveals that 708 workers died in 2011 as a result of coming into contact with either equipment or objects while they were working. Unfortunately, this means that a total of around 15 percent of all fatal workplace accidents in 2011 were a direct result of workers coming into contact with objects/equipment.

The Bureau of Labor Statistics also broke down exactly what type of objects or equipment caused the most harm to workers. According to their reports on 2011 injuries:

• 472 workers died when they were struck by either objects or equipment other than powered vehicles.


• 147 workers died when they were crushed by a machine/equipment.


• 119 workers died when they got caught in equipment or machinery that was running.


• 84 workers died after being caught in a collapsing structure and/or crushed by material or equipment.


• 24 workers died when they were hit by a flying object.

All of these different deaths left families without their loved ones and without the companionship, financial and emotional support that their loved ones could have provided. Unfortunately, in many cases, these workplace deaths could have been avoided with better safety policies and safer workplaces.

Avoiding the Risk of Death By Contact with Objects or Equipment
Those in every industry, but especially in industrial and construction fields, need to make a commitment to stay safe and to try to avoid the risks that machinery, equipment and objects present in the workplace. There are a few different steps that can be taken in order to try to minimize the risk of these types of fatal accidents occurring. Some tips include:

• Maintaining equipment and machinery so it is always in good working order.


• Providing proper training to anyone who will be using or coming into contact with equipment and machinery and ensuring that only trained and authorized people have access.


• Examining and testing equipment and machinery prior to using the tools for any job in order to ensure that there are no loose parts, malfunctioning parts or other dangers.


• Requiring that workers performing tasks involving machinery or equipment have appropriate clothing (that can't get caught in machines) and proper safety gear such as safety goggles or hard hats.

Compliance with all requirements set for equipment and machinery by the Occupational Safety & Health Administration will also help workers and employers to minimize the risk of an injury caused by a worker being caught or compressed by machinery, objects or equipment.

Continue reading "Many Workplace Deaths Caused By Contact With Objects/Equipment" »

The holidays are a time when people should be celebrating and enjoying time with friends and family. Unfortunately, there are many factors that make holidays a risky time for workers. The risks of accidents and injuries over the holiday season affect many workers in different industries and professions and all workers and employers need to be aware of the dangers and take steps to stay safe.

Our Raleigh workers' compensation attorneys want to stress the importance of being vigilant about workplace dangers over the holiday season. By taking extra precautions and being aware of extra risks within your industry, you will have the best chance of avoiding tragedy and getting everyone through the holiday season without harm.

Avoiding Holiday Workplace Accident Risks

The different types of holiday workplace accident risks are going to vary depending upon the different fields in which individuals are employed. However, everyone can benefit from a few tips to avoid holiday accident risks. These tips include:

• Being aware of the increased risk of car accident. Those who have to drive for work, whether as a routine part of the job or for occasional office errands, should be aware that auto accident dangers increase from the Wednesday before Thanksgiving through until January 2. Workers during this time need to be extra careful to practice safe driving to minimize the increased risk of auto accidents that occur over the holidays.
• Ensuring that appropriate crowd control measures are in place. This is a big issue in retail establishments especially. Shoppers tend to flood the stores on Black Friday, Christmas Eve and other key holiday shopping days during the festive season. Employers need to be aware of what days are likely to lead to an influx in customers and need to have crowd control measures in place to protect employees.
• Accounting for challenging weather conditions. Winter weather affects not just outdoor workers but also indoor workers as well. Snow and ice can be tracked into office buildings, increasing the chances that a worker might slip and fall.
• Keeping decorations to a minimum and making sure that any decorations are displayed safely. The more cluttered a workplace is with decorations, such as strings of holiday lights, the greater the chance of a worker tripping and falling or otherwise becoming injured. Holiday lights or holiday trees could also increase the chance of a workplace fire.
• Taking threats of violence seriously. In many tragic cases, people who are dealing with mental challenges will become more violent over the holiday season. If employees, ex-employees or customers might be prone to violent behavior, employers should be watchful of warning signs and take steps to protect workers from workplace violence.

By following these tips and taking the threat of work injuries seriously over the holidays, employers and workers can hopefully help to prevent tragic work accidents from occurring.

Continue reading "Avoiding Holiday Workplace Accidents in the Carolinas" »

The Bureau of Labor Statistics continues to report an increase in the number of Hispanic and Latino workers who are killed on the job. In fact, government statistics released last week for 2011 show that those from Mexico represented more than 40 percent of fatally injured foreign-born workers killed on the job last year.

Our Hickory workers' compensation attorneys continue to publish a review of the nation's work-injury data as we discuss ways employers and employees can better prevent serious and fatal work accidents.

More than 700 workers of Hispanic or Latino heritage have been killed in U.S. work accidents in each of the last two years. Nationwide, a total of 4,609 workers were killed on the job in 2011 -- meaning about 1 in 6 was foreign born.

And, while the overall number of workplace fatalities has decreased by 20 percent in recent years, the number of fatal work accidents involving Hispanic workers has increased by 20 percent. As a result, theOccupational Safety & Health Administration continues to make Hispanic outreach a priority.

Construction accidents are among the leading causes of death for these workers. Latino workers comprise more than one-third of all construction workers, according to federal statistics. Following its National Action Summit for Latino Workers Health and Safety in 2010, OSHA continues to implement a number of outreach strategies aimed at increasing Latino knowledge of workplace rights.

Statistics show that Latino workers continue to be at increased risk of fall accidents, particularly in the construction field. The Bureau of Labor Statistics estimates an average of 40 workers are killed by falls from residential roofs each year -- and about one-third of those are Latino workers who often lack basic safety information or protective gear.

"Fall protection saves lives," said OSHA Assistant Secretary Dr. David Michaels. "There are effective means available to protect residential construction workers from falls. We applaud the court's decision upholding this updated, commonsense directive."

Fatal 2011 Work Accidents by Race:

White: 3,257
Hispanic: 729
Black: 433
Asian: 113
Native American: 29

Men still account for the vast majority of fatal work accidents -- 3,594 deaths last year compared to 1,015 deaths among women. Those ages 45-54 accounted for the most fatal accidents, although statistics show fatal accidents are increasing among younger workers and decreasing among older workers -- possibly in response to the massive downsizing and buyouts witnessed during the Great Recession.

Fatal Work Accidents by Age 2011:

Under 16: 10
16-20: 360
20-24: 288
25-34: 704
35-44: 858
45-54: 1,207
55-64: 911
Over 65: 558

Foreign-born workers have the same rights to a safe workplace as those born in the United States. Too often, employers take advantage of a foreign worker's ignorance of the law and their lack of understanding regarding workplace rights. When a serious or fatal work accident occurs, a workers' compensation attorney should be contacted -- not only to protect the rights of the injured worker, but to help ensure a company is not needlessly endangering other employees.

Continue reading "Mexican Workers at Increased Risk of Carolina Work Injuries " »

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" »

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 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" »

Employees in the healthcare industry are exposed to a number of infectious diseases through their daily work. These workers include clinical laboratory staff, technicians, nurses, physicians, social workers, administrative personnel, building maintenance security, mortuary personnel, housekeeping and food service employees. These hazards can be found in emergency rooms, ambulatory care centers, outpatient clinics, nursing care facilities and hospitals, according to the Occupational Safety and Health Administration (OSHA). If you work in any of these areas -- you're in danger.

Diseases and illnesses can be acquired by different means. They can be can be contracted by airborne particles and by direct contact. In 2010, there were nearly 654,000 cases of injury and illness reported in the healthcare and social assistance industry. That's 150,000 more than were reported in the industrial sector. In 2010, the incidence rate for work-related injuries and illnesses in health care and social assistance was nearly 140, the incidence rate for nonfatal injury and illnesses in all private industry was 107.

Our Rock Hill workers' compensation attorneys understand that nursing aides, attendants and orderlies had the highest rates for many types of injury. Take musculoskeletal disorders for example. The incidence rate of work related musculoskeletal disorders for these occupations was just under 250 per 10,000 workers. This compares to the average rate for all workers in 2010 of less than 35.

"These are people who have dedicated their lives to caring for our loved ones when they are not well. It is not acceptable that they continue to get hurt at such high rates," said Dr. David Michaels with OSH.

Some hospitals are going straight to the source of the problem and are taking the proper safety precautions to help to protect workers from dangers on the job. Take Park Ridge Health for example. This facility was the only hospital in Western North Carolina that was recognized this year in North Carolina Department of Labor Annual Safety Awards. This facility was handed a Gold Award for taking the appropriate safety measures and for maintaining a workplace accident incidence rate of at least 50 percent below the average incidence rates of hospitals across the rest of the state.

"It's exciting to know as a patient or as an employee that Park Ridge's commitment to safety is of the highest priority," said the director of the facility, Brandon Nudd.

Last month marked the second year in a row for recognition of the facilty's safety. There were more than 40 other hospitals in the area that were awarded the Gallup Great Workplace award. This award recognizes organizations for having safe workplaces.

Employers are urged to help to protect healthcare employees from injuries, infection and illness on the job.

Many infections are most commonly transmitted through direct contact, when an infectious agent is transferred to someone who is susceptible through physical contact with someone who has already contaminated. Contaminated surfaces don't always have to be a person through. They can also be instruments, medical equipment, door knobs, examination tables, bed rails and other medical equipment. Sterilization programs are key to preventing the spread of such illnesses and infections.

Continue reading "North Carolina Healthcare Awards Illustrate Medical Industry's Work-Accident Risks" »