Recently in Carolina Work Accident Category

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.

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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.

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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.
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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.

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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.
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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.
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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.
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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.
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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.
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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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January 10, 2014

Protecting Workers in Wicked Winter Weather


Working in a cold environment -- whether it be cold weather, cold water, or an indoor freezer -- is part of the job for many in the Carolinas, especially during this time of year. One of the major hazards you face when working in the cold is losing your body heat. If your body becomes so cold that it can no longer produce more heat than it loses, you are becoming a victim of hypothermia, frostbite or trench foot.
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Hypothermia occurs when body heat is lost faster than it can be replaced and the normal body temperature (98.6°F) drops to less than 95°F. Hypothermia is most likely at very cold temperatures, but it can occur even at cool temperatures (above 40°F), particularly if a person becomes chilled from rain, sweat, or submersion in cold water, according to the Occupational Safety and Health Administration (OSHA).

Our workers' compensation lawyers in Greenville know symptoms of these conditions are relatively similar to just being cold -- and that's why it's important that everyone on your job site be able to point out these conditions and know what to do. Early symptoms of hypothermia include fatigue, shivering, confusion, disorientation and loss of coordination. Later symptoms include blue skin, no shivering, dilated pupils, slowed breathing, slowed pulse and a loss of consciousness.

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September 23, 2013

Health Risks for Oil Spill Clean-Up Workers


In the event of a national emergency or catastrophe, crews may be sent from around the region or the world to help with clean-up and restoration. A recent report indicates that workers who tended to the 2010 Gulf of Mexico oil spill may have suffered a high-risk exposure that has increased their risk of liver cancer, leukemia and other terminal conditions.

According to a recent study published in the Journal of American Medicine, there are dangerous health repercussions for the workers involved in the clean-up after the Gulf oil spill. Our Spartanburg workers' compensation attorneys are experienced in handling claims on behalf of injured workers and their families. We are vested in helping workers collect the compensation they are entitled to after a work-related accident or when diagnosed with an occupationally related disease.

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After the BP oil spill, chemicals were used to break up the crude oil which have proven to be hazardous to workers. There are now more than 170,000 people who worked on clean-up and could suffer from toxic exposure. In addition to the chemical dispersants, workers were also exposed to benzene, contained in the oil, which is a high-risk carcinogen.

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September 5, 2013

August 6 Safety Stand-Down at Work Sites in the Carolinas


Officials with the Occupational Safety and Health Administration (OSHA), along with trade associations and employers throughout the Carolinas are conducting a one-hour safety stand-down at various work places and construction sites on August 6th. This stand-down has been organized to support the national outreach campaign from OSHA that is designed to raise awareness about the risks, consequences and preventative measures regarding workplace falls.
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During this time, workers are going to voluntarily stop work from 7:00 a.m. to 8:00 a.m. so that the work site can conduct safety training that is designed to help to prevent on-the-job fall accidents.

Our Charlotte worker's compensation lawyers understand that there were more than 260 people who were killed in fall accidents in construction in the U.S. in 2010. These accidents accounted for a significant amount of the fatal accidents in the industry. When employees work from heights, like on roofs, ladders and scaffolds, employers are required to plan projects that ensure that the work is completed safely. In order to do this, employers are required to make sure that each worker has the proper fall protection and the right equipment to complete the job. But in addition to making sure that they have the right equipment, employers are also required to make sure that these workers are provided with the proper training to understand how to set up and use this equipment. These kinds of accidents can be avoided and we can save some lives through 3 simple steps: plan, provide and train.

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