North Carolina Workers' Compensation Lawyers Blog

As our Rock Hill workers compensation lawyers recently reported on our blog, the U.S. work force is growing stronger and bigger as the economy recovers and more and more residents are heading back to work. With the start of the New Year and the increase in employed residents, we are urging employers and companies to take this time to look at their current injury-prevention programs, which are often the first to take a hit during economic downturns. It's the perfect time to reevaluate your job's current injury-prevention program. These programs can not only be used to protect employees, but they've also been proven to improve the business overall.

According to Occupational Safety and Health Administration (OSHA), an injury and illness prevention program is a proactive way for employers find and fix hazards that can be found on the job before they cause a work-related accident in Rock Hill and elsewhere. Without these programs, jobs can be dangerous, employees can be severely injured and needless costs can drain your company's bank account.

Having these programs in place will help employers see a significant reduction in the number of workplace injuries. In addition to reducing the risks, employers with safety programs often report a higher productivity rate, greater employee satisfaction, reduced costs, reduced turnover rates and an increase in product quality.

Currently, 34 states require employers to implement these kinds of programs. The key to a successful program includes hazard prevention, hazard identification and assessment, employee participation, management leadership, program evaluation and improvement, education and training.

The Occupational Safety and Health Act (OSH Act) was signed into law about 40 years ago and since then there has been an approximate 60 percent decrease in the number of work-related injuries and fatalities. Even with the reduction, there are far too many work-related accidents every year in the United States.

Work Accidents:

-There are about a dozen people who are killed on the job every day.

-More than 4,500 people die as the result of a work-related accident every year.

-Each year, more than 4 million workers suffer a serious work-related injury or illness.

Accident prevention programs can help to significantly reduce these numbers. Under the OSH Act, employers are required to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

Having a prevention measure enforced on the job at every work site, employers can avoid significant costs that are associated with illnesses and injured that occur on the job.

These types of programs can help employers to cut costs and stop a disruption is business. According to Liberty Mutual, direct costs of the most disabling workplace injuries in 2008 totaled more than $50 billion.

Continue reading "Urging Employers to Enforce Prevention Programs to Reduce Risks of Work-Related Accidents in Rock Hill and Elsewhere" »

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" »

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" »

In North Carolina, employers or insurers who are responsible for Workers' Compensation payments have the right to hire a Rehabilitation Professional to help with a particular worker's case. Injured workers are required to cooperate with both the medical and vocational rehabilitation professionals who may be hired by their employers.

At the same time, injured workers have the right to request that their Rehabilitation Professional not be present during medical examinations. In addition, if you are an injured worker who requires medical treatment, while the Rehabilitation Professional assigned to your case may consult with your doctor, only the doctor can determine what tests or treatments you should get. If the Rehabilitation Professional discusses your case with your doctor, the RP must tell you about those discussions, and give you copies of any letters her or she sent to or received from your doctor. Finally, if the RP provides reports to your employer, you have the right to receive copies of those reports. You do have to ask the RP, specifically, for copies of any and all reports and communications.

If you believe that a Rehabilitation Professional who has been hired or assigned to work on your case is not focused primarily on your recovery, you should consult an experienced North Carolina workers' compensation attorney to discuss the possibility of requesting a different RP. In order to have an RP removed, you will have to demonstrate to the North Carolina Industrial Commission that you have valid reasons for your request.

Continue reading "Rehabilitation Professionals and North Carolina Workers' Compensation" »

In North Carolina, if a worker files a workers' compensation claim for benefits and then faces retaliatory acts by the employer for making that claim, the worker is protected by the Retaliatory Discrimination Employment Act (REDA). In order to bring a civil suit under that act, the worker must show three things: 1) that he or she had made a claim for or provided information related to a workers' compensation benefits; 2) that a retaliatory action was taken against him or her; and 3) that the retaliatory action was prompted by the worker's request for benefits.

A recent opinion by the Court of Appeals of North Carolina addressed the question of whether two particular acts constituted "retaliatory action." The plaintiff in that case alleged that her employer had not allowed her to be treated by a particular doctor of her choice, and that the employer had not allowed her to return to work, after her injury, in a different position than the one she had held before. The Court held that neither of those acts constituted "retaliatory actions."

While an employer's refusal to approve treatment by a particular medical provider is not considered a type of retaliation under REDA, employees may petition (or ask) the North Carolina Industrial Commission to approve treatment with a provider chosen by the employee. A North Carolina workers' compensation attorney would be able to assist workers through this petition process.

Consequences that would more typically be seen as retaliatory actions under REDA would be the termination of a worker's employment; suspension; unjustified relocation; reduction of benefits; or other actions that would negatively impact the conditions of the worker's employment.

Workers who believe that they have suffered a retaliatory action related to a workers' compensation claim in North Carolina should call the Employment Discrimination Bureau to discuss their situation and the steps they need to take in order to file a complaint form; the complaint must be filed within 180 days of the date of the retaliatory action.

Continue reading "Responding to Retaliation for Filing a Workers' Compensation Claim in North Carolina" »

In November 2003, an employee of the Sears Roebuck store in Greensboro, North Carolina was injured while on the job. According to a recent opinion of the Court of Appeals of North Carolina, the employee suffered injuries to his wrist, shoulder, ankle, and back, when a dryer "fell apart in his hands." In July 2008, a Deputy Commissioner of the North Carolina Industrial Commission determined that the injured employee should receive compensation for expenses related to the injuries he had suffered, as well as any "future necessary medical compensation," as long as that compensation was reasonably related to the initial claim.

The worker then began physical therapy, as required by his doctors. During that physical therapy, he suffered a torn meniscus in his knee. A doctor testified that the injury to the knee was caused by the physical therapy. As a result, the Court of Appeals of North Carolina, upholding a decision by the full Industrial Commission, determined that the worker's knee injury was a "direct and natural consequence" of the initial injury that he had suffered on the job. Thus, the employee in this case will be compensated for the costs associated with his knee injury as well.

If you are seeking workers' compensation benefits in North Carolina, it is important to realize that you may be entitled to compensation for injuries beyond those that were specified at the time of the injury, or when you first filed a claim. If your initial injuries led to other conditions that required you to seek medical treatment, you should consult an experienced workers' compensation attorney to discuss your options.

Continue reading "Recent North Carolina Court Decision Affirms Extended Workers' Compensation Benefits" »

If they are denied necessary treatment for job-related injuries, workers in North Carolina may file a Motion to Compel Medical Treatment under North Carolina's Industrial Commission's Workers' Compensation Rule 609(a)(1). For such motions, North Carolina's Industrial Commission has adopted an Expedited Motions Procedure, which begins with an initial administrative review. The decision that results from that review may then be appealed to a Deputy Commissioner; under the expedited procedures, such appeals should generally be completed within 30 days. However, the Deputy Commissioner's decision is itself subject to an appeal before the full Commission. Appeals before the full Commission should be completed within an additional 30-45 days.

Therefore, a worker whose claims for treatment or other medical-related requests are contested may face several months of proceedings before a final determination is made on the requests. Issues addressed through this process include the denial of requested treatments, the selection of a physician or a treatment provider, or a requested change of the provider of treatment.

Continue reading "Expedited North Carolina's Workers' Compensation Procedures" »

If you have suffered a job-related injury, you should contact an experienced North Carolina personal injury attorney who can first determine whether you should file a Workers' Compensation claim or pursue a different remedy.

Workers who seek to receive compensation for injuries suffered on the job or as a result of their work in North Carolina must file a "Notice of Accident to Employer and Claim of Employee" (Form 18) with the North Carolina Industrial Commission. The workers must generally give written notice of the accident within 30 days of the accident occurring. However, if they file notice late, they may still be able to pursue their Workers' Compensation claim--if they can provide a reasonable excuse for the delay.

For example, in a recent case, the injured employee testified at a hearing in front of the full Commission that he had initially thought that his injury was minor and would get better on its own; however, when time passed and he realized that he in fact had suffered serious harm, he filed written notice, even though months had passed since the injury had occurred. The North Carolina Industrial Commission determined that in that case the excuse for the delay was "reasonable," because the employee gave written notice as soon as he reasonably knew the extent of the injury.

However, even if the commission determines that the worker provided a reasonable excuse for failing to give written notice within 30 days of the accident, the claim will not be allowed to proceed if the Commission determines that the delay "prejudiced" (i.e. harmed) the employer. There are two ways in which the employer may be prejudiced by the delay: first, if the delay makes it more difficult for the employer to investigate the facts of the accident, or, second, if the employer can show that its costs would have been lower had the employer been given a chance to provide treatment for the employee's injury without delay.

If the Industrial Commission determines that the excuse provided by the employee was reasonable, it is the employer's responsibility to prove any prejudice that may have arisen from the delay; otherwise, the worker's claim will be allowed to continue.

Continue reading "Protecting Your North Carolina Workers' Compensation Rights by Filing Written Notice of Accident" »