North Carolina Workers' Compensation Lawyers Blog

The total dollar cost to victims and families affected by work-related deaths and injuries, to employers, and to the country as a whole is much greater than the cost of workers' compensation insurance alone.

The National Safety Council (NSC) estimates that the total cost of occupational deaths and injuries in 2005 was $625.5 billion. That figure includes wage and productivity losses, medical costs, administrative expenses, cost estimates for workers to make up lost work time due to another worker's injury, and the time to investigate and report injuries.

According to the North Carolina Department of Labor, healthy and safe work conditions are everyone's responsibility. Companies and employers must be aware of any workplace hazards, and they're got to take the proper precautionary steps to eliminate these risks. Workers are required to follow the safety and health standards set forth by their employer. One of the most common of these hazards, on work sites nationwide, are fall hazards.

Our Asheville workers' compensation attorneys understand that there were close to 5,000 workers killed on the job in the U.S. in 2011. According to the Occupational Safety and Health Administration (OSHA), close to 20 percent of these fatal accidents occurred in the construction industry. The number one cause of these fatalities was fall accidents. Following these accidents were electrocution, struck by and caught in between accidents.

Fall accidents accounted for close to 40 percent of the fatal accidents in the construction industry in 2011. More than 250 of the 721 employees were killed in these kinds of accidents in 2011.

When talking about fall accidents, we're not always talking about falling from extreme heights. There are shorter falls that can seriously injure a worker, too. Some of these trip and stumble hazards include:

-Objects places in walkways.

-Objects that are not kept in their proper place.

-Tools left on the floor.

-Extension cords and other cords and hoses on the ground.

-Holed in the floor.

-Sudden changed in pitch or elevation.

-Wet floors.

People have fallen from considerable heights and received only a few broken bones, while others fall to the floor from a standing or sitting position and die from their injuries. Nearly all falls result from conditions or practices that seem obvious; however, preventing such accidents requires maintaining safe conditions in the workplace and training to ensure safe actions by employees.

These hazards and risks can be eliminated with a simple safety checklist. Before starting your work day, and periodically in between, make sure you're checking the floors, stairs and walkways. Make sure they're clear from free tools, materials, water, chemicals or anything else that can be tripped on.

You should also make sure that everyone has the proper training to use the equipment required -- even the smaller, simpler equipment. Are ladders in good condition, free from cracks, burrs and splinters?

Lastly, make sure that all walkways are well lit. Lighting is one of the most important thing when ensure that your workplace is safe for everyone.

Continue reading "Carolina Fall Accidents, A Workplace Danger Commonly Overlooked" »

Several weeks ago, residents in Statesville, home to North Carolina's largest fertilizer plant, expressed deep concern following the explosion in Texas that killed 15 people.

Now, our Winston-Salem workers' compensation lawyers understand that those residents - and all who live and work near fertilizer plants - may have additional reason to worry.

A recent report by the non-profit journalism group Center for Public Integrity reveals that the operators of the Texas fertilizer plant are now claiming an old exemption allowed it to fly under the radar of federal and state environmental regulators by sidestepping inspections and workplace safety mandates.

The company's owner had filed something known as a retail exemption, as part of a streamlined prevention program. This is a company-claimed exemption that essentially says that because dangerous chemicals are sold chiefly to "end users" - usually farmers - the firm should be allowed to avoid any form of stricter regulation.

It's not certain how many companies claim this 20-year-old exemption, but we do know that the Texas firm is is not the only one that does.

For example, one company that was responsible for storing a type of toxic gas wrote a notice to the Occupational Safety & Health Administration back in 2005, indicating that it fell under this retail exemption.

Those within the industry called it a fundamental flaw as it pertains to workplace safety, as it allows facilities to simply avoid oversight - and government regulators allow them to do it.

The exemption is listed in OSHA's Process Safety Management Standard. This standard requires firms storing large amounts of substances that are hazardous to not only have in place preventative plans and take precautions to avoid workplace safety but to submit to regular inspections to ensure it.

The plant in Texas, which stored huge amounts of anhydrous ammonia, would unquestionably fall under this standard - but for the exemption. Of course, when this exemption was created, the Fertilizer Institute voiced its firm support of the measure.

And when the rule was finalized, the institute filed a request with OSHA, asking for written confirmation that the standard wouldn't apply to sites that blend and store fertilizer for sale to end users.

OSHA responded in the affirmative, saying that the exemption would apply so long as more than half of the firm's sales were geared toward end users. But what's especially troubling about this exemption is that if a company claims it, OSHA does not check to see if it's even valid.

So workers, emergency crews and nearby residents could be at huge risk for serious injury or death - all based on a self-purported claim that may or may not be true.

Still, the incident in Texas has even the institute wondering if something needs to change.

In a written statement released to the CPI, the the institute stated that while the Texas blast was still under investigation, the institute planned to re-examine whether that exemption is necessary or whether it may expose other facilities to these same kinds of hazards.

Continue reading "North Carolina Fertilizer Plants Could Claim Arcane Exemption to Inspections" »

Though changes in regulation over time have increased worker safety, U.S. workers continue to suffer from work-related accidents and injuries. In the most severe cases, these accidents can result in permanent injury or death. Every year, the victims of workplace accidents and injuries are remembered on April 28, Workers' Memorial Day. The event was established in 1971, the same year that OSHA (Occupational Safety and Health Agency) was established to regulate and monitor safety conditions for workers.

Our Charlotte workers' compensation attorneys are dedicated to helping victims and families recover after an accident or injury. If you have lost a loved one to workplace injury, we are dedicated to fighting for your rights.

Raising workplace safety awareness is critical to preventing future injury and death. Since the establishment of OSHA, companies and other workers have taken preventative measures to ensure compliance. OSHA has broad powers to make safety regulations and to fine corporations that do not meet safety standards. Equipment maintenance, emergency protocols, training, and ensuring a safe work environment can prevent serious accidents and injuries. OSHA also has the power to fine companies that are not in compliance upon inspection.

This April 28th, companies, workers, and their families will come together to commemorate workers who have lost their lives on the job. Factory workers, construction workers, farmers, roadside assistance crews, fisherman, and others in dangerous industries are at the highest risk of accidental death. April 28th is also a day to bring awareness to the cause of workplace safety and to recommit to the fight for safe and healthy working conditions. This means preventing accidental death, as well as work-related illness or injury.

OSHA's role is to ensure that conditions for America's workers are safe by setting standards, establishing regulations, providing training, education, and support for companies and employees. In the event of a building collapse, fire, explosion, or other workplace accident, OSHA is the agency that will investigate the incident to determine whether the accident was preventable. In the event that a company was in violation of a regulation, that evidence can be used in a negligence case.Negligence, however, is not required for an employee to receive workers' compensation benefits, which are available to injured workers regardless of fault.

Families of employees or contractors who lose their lives while in the course of performing work-related duties may be entitled to workers' compensation death benefits. Immediately after an accident it is important to file a claim and that an independent investigation be performed to determine the cause of the accident and to identify responsible individuals or agencies. Our firm is experienced with handling complex death and work-related accidents and can effectively protect your rights. In addition to helping families collect workers' compensation benefits, we will also explore the possibility of third-party claims against negligent property owners, maintenance companies, equipment manufacturers and all other individuals or entities.

Continue reading "Workers' Memorial Day a Reminder of Job Safety" »

In an article in the North Carolina Medical Journal, agriculture is described as "one of the most hazardous industries in North Carolina and in the United States."

The industry earns this dubious distinction because there were 32.6 deaths per 100,000 workers in the agriculture, forestry, fishing and hunting industry sector. This fatality rate was almost 10 times the average fatality rate of 3.3 deaths for each 100,000 workers in all fields. Our Greensboro work accident lawyers know that the agricultural industry also has a higher rate of injuries when compared to other fields.

Unfortunately, while the rate of farm injuries and deaths is high everywhere in the U.S., North Carolina is one of the worst states for farm-worker safety. In fact, the rates of farm-related injury and fatality in North Carolina exceed the average rates across the United States. This means that in an industry that is inherently dangerous and that has an inherently high death and injury rate, North Carolina does an especially bad job in protecting its workers.

Taking Steps to Combat High Death and Injury Rates
The article in the North Carolina Medical Journal indicates that the high rate of farm worker deaths in North Carolina is a significant public health problem. To resolve this problem and to cut the rate of death and injury, several recommendations were made. For example, the authors of the article suggest:

• Effectively documenting and tracking injured individuals in order to find out the injury cause.
• Stepping up surveillance so that it is easier to obtain information about the who, where, and how of an injury that occurs on the farm. This increased surveillance system would contain data elements to readily identify common injuries that workers suffer. The system would also encompass descriptive details about how the injury happened.
• Establishing a better system of collecting and analyzing injuries and deaths that occur. When an agricultural employer has less than 10 employees, workers' compensation generally does not apply and many injuries may go unreported.
• Identifying the populations at risk of a workplace injury in the agricultural field. It is difficult or impossible to have a full understanding of the injury and death rates without understanding who the population of agricultural workers is that are at risk on the job.
• Creating a dedicated task force made up of experts who can establish a consensus on an appropriate surveillance system and on what standardized measures should be used to define farm injuries.

With so many injuries occurring, it may seem odd at first that the NC Medical Journal article is so focused on improving surveillance and recording of injuries, rather than jumping in and tackling ways to actually stop accidents from occurring.

However, taking steps to improve surveillance is viewed as very important in combating the high death and injury rates in the agricultural industry. Only by understanding the cause of deaths and the problems that exist can regulations be crafted to work towards reducing the number of tragic accidents. An effective surveillance system thus must be established first so that it will be possible to better understand and regulate the dangers agricultural workers face on the job.

Continue reading "Improved Surveillance Urged to Combat High Rates of Workplace Injuries in Agriculture" »

Employers have until April 30 to report back to the U.S. Occupational Safety & Health Administration concerning any work-related injuries and/or illnesses staffers may have incurred during 2012.

While our Charlotte workers' compensation lawyers know that this may seem of little consequence to most employees, especially considering you may only be learning about some of these incidents many months after the fact.

However, we believe it's important to avail yourself of information regarding real situations that caused your co-workers harm, as this may help you prevent some of those same situations from causing injury again in the future.

OSHA requires that all employers with 10 or more workers and who have not been previously classified as partially exempt have to report work-related illnesses and injuries by filling out several OSHA forms. Submissions were accepted beginning Feb. 1, 2013 and are being collected through April 30, 2013.

Some examples of the exempt companies include those in historically low-hazard fields, such as insurance, real estate, finance, retail or service. A full list can be found by clicking here.

Those employers who are required to fill out accident and injury reports have to post this information or make it available to all employees. OSHA notes that all employees - past and present - are entitled to copies of that paperwork. If you request a copy of these forms, you have to be provided a copy of these records by the end of the following business day.

The types of things that are covered include:

• All work-related fatalities;


• All work-related illness or injuries that result in time away from work, restriction of duties, assignment to another job, medical treatment beyond first aid or loss of consciousness;


• Any major work-related illness or injury - even if it doesn't meet the above criteria - has to be recorded;


• These include, but aren't limited to: sprains, fractures, cuts, skin diseases, respiratory disorders or poisoning.

Treatments for illness or injury that would fall under the first-aid category of ailments (and therefore would not be reportable) include:

• Immunizations;


• Cleaning, soaking or flushing wounds;


• Hot or cold therapy;


• Bandages;


• Eye patches;


• Removing foreign contaminants with a cotton swab;


• Finger guards;


• Massage therapy;


• Consumption of fluids for heat stress;


• Removal of splinters;


• Use of non-prescription strength painkillers.

That's not to say ailments treated with these methods COULDN'T be reported, but if that treatment was truly the full extent of it, it's possible you may not find out about that injury or illness.

At the end of the day, employers have a legal and ethical responsibility to provide a workplace that is free from major hazards and to adhere to local, state and federal laws and regulations applying to safety. That means giving employees the proper tools to do the work, as well as making sure employees are well-trained and aware of potential hazards. Informing workers of any failures in this regard shows good faith on the part of employers, and encourages constant evaluation and improvement.

Continue reading "North Carolina Workplace Injuries Must Be Tracked By Employer" »

We hear a lot about "overexertion" as it relates to sports or outdoor activities carried out in high temperatures.

To be sure, those things are a risk - but they aren't the only risk. Our Winston-Salem workers' compensation attorneys know that job-related overexertion is the No. 3 cause of work injuries in the U.S., accounting for some 3.3 million hospital trips each year, according to the Occupational Safety & Health Administration.

In an effort to combat this, the National Safety Council has launched an awareness campaign to reduce some of the more common overexertion risk factors.

We know that overexertion affects every individual differently because even those carrying out the same tasks might have a different tolerance threshold. We must also understand that over time, even an individual's threshold is going to shift. Carrying out certain kinds of physical labor can be a lot tougher at 55 than 25.

That said, the most common overexertion injuries involve some type of sprain, particularly to the lower back. In most cases, these injuries are the result of excessive physical efforts in the form of lifting, lowering, carrying, holding, pushing, pulling and turning.

While it is up to your employer to ensure you are safe and not taking on more work than you can physically handle, it's also up to you to voice concerns when you are concerned you may be taking on too much.

OSHA has created a lift operations calculator to help workers determine how much lifting is too much lifting. Let's say you are lifting from a beginning position of knee to waist from 12 inches away. If you do six to seven of these lifts for two hours or more per day, your lifts shouldn't be more than 10 pounds if you are twisting less than 45 degrees with each lift and should be a maximum of 8.5 pounds if you are twisting more than 45 degrees at a time.

If that same amount of lifting is occurring at an above-the-shoulder angle, the weight should be no more than 7.5 pounds if you are twisting less than 45 degrees with each lift or a maximum of 6.4 pounds if you are twisting more than 45 degrees at a time.

Many workers, particularly those in construction and perhaps in certain stock retail positions, would likely find themselves over this threshold.

Lifting isn't the only problem. The NCS reports that sitting in an awkward position can put a great deal of stress on the wrong part of your body. We don't think of sitting as being a source of overexertion, but it absolutely can be if you aren't seated properly. Same goes for any type of repetitive motion.

Recognizing when you may have reached your limit is important. Insist on taking a break if you experience any of the following:

• Painful or sore muscles;


• Dizziness;


• High blood pressure;


• Sweating profusely or feeling overall very hot;


• Nausea;


• A heartbeat that flutters;


• Low abdominal pain.

Alternatively, if you start to experience (or see a co-worker experiencing) shortness of breath, severe headaches, blue lips or fingers and a marked lack of coordination, stop working immediately and call 911.

Continue reading "Overexertion Leads to Work Injuries in Winston-Salem" »

A North Carolina State Highway Patrol trooper recently survived being shot by a suspect who fired at close range into the officer's hands, shoulder and face. The suspect, a Vermont native with a long criminal history, had been initially stopped for not wearing a seat belt.

Our North Carolina workers' compensation attorneys understand that the trooper is expected to make a full recovery after undergoing at least two surgeries.

While we are happy that this trooper narrowly avoided a tragic death, sadly too many people leave for work and never come home, victims of workplace violence. It's not just police or corrections officers, either. The fact is, no one is immune. Everyone from store clerks to school teachers have faced this reality.

According to the U.S. Occupational Safety & Health Administration, some 2 million Americans report being victims of workplace violence every year. That's considered a low estimate, as many instances are never reported.

Some of the occupational duties that may heighten the risk include:

• Exchanging money with the public;


• Working with unstable or volatile people;


• Working in isolated areas or alone;


• Providing care and services;


• Working in establishments were alcohol is served;


• Working at night;


• Working in high-crime areas.

In addition to police, some of the more at-risk professions include delivery drivers, convenience store clerks, healthcare workers, public servants, customer service personnel and anyone who works in small groups or alone.

Still employer in this country should assume this is a real possibility and take appropriate measures to protect their workers.

Unfortunately, not every company takes this responsibility seriously. Recently, OSHA's Region 4 office (which also covers North Carolina) filed a lawsuit against a Florida construction company after supervisors allegedly firing a worker for reporting workplace violence. For two years, the employee reported, a supervisor had made inappropriate sexual comments and advances, behaved abusively, screamed and yelled, made physically threatening gestures and threatened to withhold the worker's paycheck. The employee implored the supervisor to stop and informed him he was creating a hostile work environment. It did not end, however, and the worker was fired.

Companies need to have a zero-tolerance policy when it comes to violence. That includes not only with supervisors and among fellow workers, put also with visitors, clients, contractors, patients and anyone else with whom employees may come in contact.

Zero tolerance should include swift disciplinary action against any offenders. When those individuals are also employers, actions may include reprimands, suspension and termination.

A recent study by the FBI Academy outlined approaches to workplace violence that do NOT work. Those include:

• Denying a problem;


• Not communication with those involved;


• Lack of careful vetting of job applicants;


• Not having a clear, written policy against violence;


• Not documenting reported incidents of previous violence;


• Lack of a company-wide commitment to safety.

Every worker who leaves for his or her job in the morning should be able to return safely, without assault and without having suffered any form of abuse.

Here's what employers SHOULD do:

• Have a zero-tolerance violence policy and communicate that to all employees at every level;


• Occasionally survey workers to gauge whether there are problems or room for improvement;


• Offer basic violence prevention training for supervisors and workers;


• Provide a physically secure work space;


• Periodically evaluate workplace violence prevention plans.

Continue reading "North Carolina Workplace Violence a Serious Concern for All " »

Recently, a warehouse worker up north was discovered by co-workers, seizing and unconscious. Soon, several others were also sick.

Our North Carolina workers' compensation lawyers understand the problem was silent, invisible and odorless - carbon monoxide.

Thankfully in this case, all workers were pulled to safety and survived. But such incidents occur every year in workplaces throughout the country - particularly in winter months - and they can be fatal.

The reason we see this more during the colder season has to do with the fact that ventilation systems tend to be hampered by windows and doors that are closed tightly to conserve heat. The U.S. Occupational Safety & Health Administration is warning all employers and employees to take heed of how incredibly dangerous this compound is, and take decisive action to prevent it.

Carbon monoxide can be generated from numerous sources - really anything that runs on combustion. So things like gas generators, compressors, welding equipment, furnaces, space heaters, motor vehicles, gas lanterns, pumps or power tools would be examples of some of the more common sources.

Just a few years ago, in February, two concrete contractors died inside Kiddie Aerospace and Defense after collapsing from carbon monoxide poisoning. Investigators later learned the two men had sealed off the room they were working in to cut concrete - with a gas-powered saw. The levels of carbon monoxide in that room were later found to be more than 50 times what officials consider to be safe.

Despite the devastating possible consequences, most workplaces in North Carolina aren't required to install carbon monoxide detectors - probably one of the most effective and cost efficient ways of reducing the risk. Schools don't even require the devices, though the North Carolina State Building Code Council two years ago adopted a requirement to have them installed in all new residences, as well as existing homes with fuel-fired appliances, or in those with permit-required renovation work and rental properties with fossil fuel burning heaters, appliances or fireplaces or that have an attached garage.

But even when installation of these devices isn't required, they can be an incredibly worthwhile investment. You don't want to wait until your workers are suffering from severe nausea, chest pain, vomiting, confusion, loss of consciousness - or worse - to discover you have a carbon monoxide problem.

In addition to detectors, companies also need to make sure they have an effective ventilation system in place - particularly in winter. Avoid using fuel-burning equipment in closed-in or partially-enclosed spaces.

Also, inform workers of what to do if they suspect they or their coworkers may be suffering from carbon monoxide poisoning. This includes an action plan to get themselves and others (if it can be done safely) out immediately into fresh air, call 911 right away and administer CPR if an individual is not breathing.

While carbon monoxide poisoning can potentially happen to those in any occupation, OSHA considers the risk heightened for those in the following fields:

• Forklift operators;


• Toll booth attendants;


• Firefighters;


• Police Officers;


• Longshore workers;


• Taxi drivers;


• Welders;


• Garage mechanics;


• Diesel engine operators;


• Marine terminal workers;


• Customs inspectors.

Continue reading "NC Workplace Carbon Monoxide Concerns Heightened in Winter" »

Flu season in North Carolina and throughout the country is in full swing, with the state Department of Health reporting an earlier-than-usual start.

Our North Carolina workers' compensation lawyers know that while the illness itself may not necessarily be considered solely a job-related concern, workers may encounter strained conditions and lapses in oversight when others are forced to stay home due to their own illness or that of a child.

Smart business owners hoping to curb productivity loss and ensure safety guidelines are maintained amid widespread absenteeism need to have an established contingency plan. It also doesn't hurt to take the time to implement procedures that could limit the spread of infection. These efforts are especially important in health care settings, where germs and viruses are already plentiful, though such action is applicable just about everywhere during flu season.

According to the U.S. Department of Health & Human Services, roughly 111 million workdays are lost every single year during flu season. It's estimated that accounts for $7 billion in both lost productivity and sick days.

Workplaces generally have variant levels of risk, with healthcare employees and lab personnel being the most at risk, followed by health care transport workers and then by those who work in frequent contact with the general public, such as teachers or retail professionals. Those at lowest risk would be workplaces where general public contact is limited. Yet even in this low-risk settings, the flu can spread rapidly, as it only takes one sick person.

Officials with the U.S. Occupational Safety & Health Administration recommend businesses follow a checklist to help them prepare and limit the spread:

• Prepare a plan for potentially reduced workforces, one that will ensure safety guidelines will continue to be followed for those workers who remain; cross-training is one example;


• Hammer out a sick leave policy that won't penalize sick workers for staying home. If possible, this may include expanding your firm's work-from-home options or shift-staggering;


• Stock up on things like soap, hand sanitizers, tissues, cleaning supplies and any other recommended protective gear, and encourage employees to frequently wash their hands after using the restroom or following any physical contact with others;


• Whenever possible and particularly in the midst of flu season, try to promote practices that will keep employees at a distance from one another and the public, such as e-mail threads or teleconferences in place of traditional in-person meetings.

Company administrators may also want to strongly consider promoting flu vaccination for workers and their families.

Employees should be mindful of all this as well, and strive to keep work surfaces and equipment clean and disinfected. Discourage others from using equipment that frequently comes in contact with your face or hands, such as your computer or phone.

Lastly, workers can minimize the impact that an illness such as the flu might have on them - and reduce their amount of leave time - by keeping themselves healthy. This includes quitting smoking, eating right, drinking enough fluids and making time for regular exercise. Employers should, whenever possible, promote these habits as well.

Continue reading "North Carolina Workplaces Do Well to Prepare for Flu Season" »

Certain pregnancy-related ailments are now classified for employment purposes as disabilities under an amendment to the Americans With Disabilities Amendments Act, meaning employers may now have a legal responsibility responsibility to extend light-duty options to pregnant employees - an opportunity not always traditionally afforded.

Our Charlotte workers' compensation lawyers know this has long been a contentious issues in workplaces and in the courts. It's often been referred to as the "light duty loophole." That is, while employers will often extend light duty assignments (meaning those that don't require strenuous physical activity, such as heavy lifting) to those workers who have been temporarily disabled as a result of job-related injuries, these same types of accommodations are not typically offered to pregnant women because pregnancy is not the result of an on-the-job injury.

This was true even when the women could provide a doctor's note, explaining why they were temporarily unable to carry out such tasks. As a result, many pregnant women are fired or forced to resign.

Of course, at its core, this is a discrimination issue for employment attorneys to sort out. But it's also a potential matter of workers' compensation. That's because pregnant women who are not afforded the opportunity to perform light duty tasks and avoid difficult physical labor have a higher risk of becoming injured as a result - particularly when that work is contrary to the recommendations of their physician.

Some of the workplace injuries to which pregnant women may be more susceptible include:

• Muscular stress;


• Slips and falls;


• Sprains and strains;


• Abdominal trauma;


• Repetitive stress injuries;


• Chemical exposure.

But the recently-expanded rules of the ADAAA could provide the Equal Employment Opportunity Commission better legal standing upon which to litigate the issue further and expand rights for pregnant workers.

As it stands now, the expanded ADAAA guidelines would now include certain common pregnancy-related conditions that would not have previously been covered under the light duty accommodation requirements. These would include things like gestational diabetes, sciatica, anemia and carpal tunnel syndrome.

What the EEOC wants to fight for is expanding that even further to include pregnancy in general. In the past, such arguments have not been successful.

Most recently, in Reeves v. Swift Transportation, the U.S. 6th Circuit Court of Appeals ruled in 2006 that an employer could provide light duty accommodations for workers who had sustained job-related injuries, but were not required to do so for pregnant workers - even when their doctors had ordered restrictions on their physical activities - so long as the policy applied to all workers with on-the-job injuries.

However, the EEOC, amid the new changes to the ADAAA, have already brought at least five pregnancy-related discrimination lawsuits in the last several months, in an apparent attempt to not only protect the rights of pregnant workers, but also to bolster their safety and reduce the risk of work-related injuries.

Continue reading "Pregnant Workers Risk Injury If Not Given Light Duty" »

State legislators in Raleigh are continuing to draft a reformed workers' compensation program that they say should cut down on fraud, waste and make it tougher for employers to skip out on paying for it when they should.

Our North Carolina workers' compensation lawyers know that this could be a mixed bag, and it's tough to tell at this point whether the reforms will indeed be fair or skewed in favor of the employer, which is most often the case when politicians stark talking about fraud.

As we recently reported in our North Carolina Workers' Compensation Blog, state workers have already voiced concern that the measures proposed by the nine-member, Republican North Carolina Legislative Services Commission would ultimately reduce their benefits.

But lawmakers say that while fraud is a major concern, it's equally important to ensure that employers who are supposed to carry insurance for workers' compensation actually do so. An April 2012 expose by the News & Observer showed some 30,000 companies across the state did not pay for workers' compensation insurance when they should have - meaning their employees were unprotected in the event of a job injury. (These same businesses were also unsurprisingly found to be cutting corners on other types of insurance and their taxes, while state officials lacked the technology and resources to uncover these problems).

Lawmakers had previously instructed the North Carolina Industrial Commission, the entity responsible for handling workers' compensation claims, to tighten the purse-strings on payouts for work-related injuries. Those changes are slated to go into effect this year in April. At that point, inpatient services reimbursements are going to be slashed by 10 percent, surgery services will be cut by 15 percent and implant services reimbursements will be capped at a little less than 30 percent.

The industrial commission has also recently noted that it is working to help identify each of the businesses that are illegally skirting laws mandating workers' compensation insurance coverage. It is working on creating an automated database, but that could be a ways off. Ultimately, the commission has said it wants to catch businesses that may be misrepresenting the scope of their work in order to sidestep requirements to buy injury insurance for their workers, as well as paying certain taxes.

In order to help reach this goal, some of the measures that the legislative services commission plans to introduce includes:

• A law that would make employers' workers' compensation coverage information public once again;


• A law that would compel certain state agencies that maintain business records to turn those records over to the state controller in order for them to be reviewed for potential fraud;


• A law that would provide instruction for a study that would determine ways to cut both the number of individual workers' compensation claims, as well as the dollar amounts paid on each individual claim.

That last measure in particular is concerning to us, and illustrates to you why it's critical to hire an experienced workers' compensation lawyer to handle your claim and ensure you receive the reimbursement you deserve.

Continue reading "NC Workers' Compensation Legislation Still Brewing" »

Last month, the North Carolina's Legislative Services Commission's nine Republican members launched a study into the state's workers' compensation program, and the results are due to be released late next month.

Our Charlotte workers' compensation lawyers know that what makes this of particular concern is that the members, set on reducing government spending, could ultimately use those findings as a way to cut state worker wages and slash critical benefits to those who have suffered on-the-job injuries.

Let's be clear here: We're not talking about milking the system, though that's the kind of language some conservative leaders use when talking about reductions. What we're talking about is workers who were gainfully employed, earning an honest wage to provide for their families and who have suffered an injury during the course of that work. In many cases, the factors that contributed to those injuries were beyond the control of the employee, having more to do with a lack of manager oversight or even employer negligence.

State workers are expressing significant concern given the fact that North Carolina is considered to be among the least union-friendly states in the country. The UE Local 150 has about 3,000 members (accounting for about 3 percent of state workers) and the State Employees Association of North Carolina has about 55,000 workers. Still, we are one of only two states in the entire country to prohibit collective bargaining for public workers. What this means is that workers are unlikely to get much say at all in the final decision.

Even so, some union leaders are expressing an even greater concern about the possible elimination of longevity pay in favor of a merit-based system. In theory, it sounds like a good idea: workers are paid based on their performance rather than the amount of time they've been employed. The problem historically is that such a system has led to well-documented instances of racism and favoritism.

Such measures could ultimately lead to a so-called "brain drain" in which the best young qualified workers seek state government work outside of North Carolina or in the private sector. Already, a report released in the spring of last year showed that state employees hadn't had cost-of-living adjustments for the last five years. They did receive a 6.75 percent wage during that time frame, but that failed to keep the pace with the 11 percent spike in the cost of living.

This only makes it harder when workers do suffer a work-related injury. Living paycheck-to-paycheck, they haven't had as much of an opportunity to set aside an adequate savings to prepare for emergencies. That means when an injury occurs, workers' compensation is even more important.

Particularly in fields where occupational hazards are already an issue, this is inviting tragedy.

Continue reading "North Carolina Workers' Compensation Study May End in Fewer Benefits" »

The National Safety Council is urging employers to enact policies to reduce their liability with regard to workers who use cell phones while driving.

Our North Carolina workers' compensation lawyers know that the state already has a ban on texting while driving.

But even these laws may not eliminate employer liability for cell-phone related crashes involving workers, particularly if employers are expecting their employers to remain in constant contact with supervisors while on the road.

It's estimated that one-quarter of all crashes everywhere in the country involve distracted drivers, with a large number of those instances attributed to cell phone usage. The NSC notes that employers that don't have a specific policy in place that bars employees from using cell phones while operating a motor vehicle have exposed their workers to the potential for injuries and their company to the potential for liability.

Vehicle crashes in general are the No. 1 cause of work-related deaths in the country, accounting for about 25 percent of all fatalities. For employers, employee crashes are expensive, costing on average about $25,000 in property damage and $150,000 for injuries per crash.

That's why the NCS is hosting two different seminars to serve as informational guides on prevention. The agency has also released promotional materials to employers in other parts of the country on reducing liability.

A total ban on cell phones by an employer would ideally cover:

• All employees;


• All company vehicles;


• All company cell phones'


• Both handheld and hands-free devices;


• All work-related communications, even on personal phones and in personal vehicles.

There is ample evidence for why this is so important. The NSC cites a case in 2010 in which a young woman and her elderly mother were stopped at an intersection on a rural road when a cable company pickup truck careened toward them at 70 miles per hour. Upon impact, the two women died instantly. The cable truck driver told authorities he had been texting prior to the crash, his vehicle operating on cruise control.

As the NCS notes, even when employee drivers are abiding by state laws, these measures often constitute the minimum actions required. As a result, employers are encouraged by the NCS to exceed those regulations with their own internal policies.

Even in cases where a company doesn't own the car or the cell phone, it may still be held liable for worker injuries or fatalities that occur as a result of work-related, in-vehicle calls. In particular, companies that encourage in-vehicle cell phone use by employees risk increased liability. This is especially true given the fact that there has been an increased awareness of the issue in the public at-large. Employers can no longer claim ignorance on the issue. In fact, failure to have such a policy could be deemed as reckless or even grossly negligent.

Workers employed at such firms should take their safety concerns to supervisors or a human relations administrator, and document those encounters and responses.

Continue reading "North Carolina Workers' Compensation For Phone-Related Crashes" »

On December 27, 2012, the Charlotte Observer brought a disturbing story to light. The article discussed the plight of North Carolina workers who had been injured but whose employers had failed to have the required workers' compensation insurance in place. Without insurance, employers became responsible for paying damages to injured workers themselves. Unfortunately, the Charlotte Observer reported that many workers simply weren't being paid.

Our Greensboro workers' compensation attorneys believe that every injured worker deserves workers compensation benefits as guaranteed under North Carolina law. We work to help injured workers get the benefits they deserve and we applaud the Charlotte Observer for drawing attention to the problem of workers whose employers failed to follow the rules.

When Employers Don't Have Workers' Compensation Insurance
Almost every employer in North Carolina is required to purchase workers' compensation insurance for their employees. Unfortunately, the Charlotte Observer points out that many employers don't do as they are required. According to the Observer, an April report revealed that as many as 30,000 employers didn't carry the required workers' compensation insurance.

When an employee works at a company that doesn't have proper insurance, that employee can face a major problem if he or she gets injured. The Observer told some stories of workers in exactly this situation. Employers are supposed to pay the bills and costs for these workers, but many employers don't do as they are required. One worker, for example, was owed more than $100,000 in payments by his employer and had received only $75.

The North Carolina Workers' Compensation Commission is attempting to force employers to pay what is required, calling back cases and even threatening employers with jail time if they do not pay what they owe to their injured workers. This has been successful in some cases, as bosses that are threatened with going to jail have reportedly worked out payment arrangements and began paying workers. However, many workers still wait to receive the compensation that they need to pay their medical bills and support themselves while too impaired to work.

One possible solution suggested in the Charlotte Observer is that the state should set up a fund to protect injured workers and make sure they get benefits if they are working for an employer who failed to have the required insurance. Money for the fund could be provided, at least in part, by penalties charged against employers who do not have the workers' compensation insurance they are required to buy. South Carolina set up such a fund 30 years ago and the fund is supported by a fee attached to workers' compensation premiums.

If North Carolina followed suit, the fund could go a long way towards helping injured workers in the state get the help they need. Workers' compensation is supposed to be a social safety net that guarantees that injured workers' don't end up reliant on Medicaid, Social Security disability and food stamps. If workers' compensation fails due to employers not buying the insurance that they are required to purchase, there should be a fallback system to ensure that the full cost of supporting the injured worker doesn't land on the taxpayers.

Continue reading "Some Injured North Carolina Workers' Are Not Getting the Help They Need " »

On December 18, 2012, the Charlotte Observer reported that the U.S. Department of Agriculture had put forth a proposal to increase line speeds at poultry plants. Under the terms of the new proposal, line workers would jump from inspecting 140 birds to inspecting 175 birds per minute. In other words, line workers would be expected to work much faster to get more done in the same amount of time.

Our Greensboro workers' compensation attorneys are concerned that the increase in line speeds could put workers at greater risk of workplace injury. Workers on assembly lines at poultry factories are already at risk of nerve and muscle damage due to the nature of their work. Expecting more of these workers and requiring them to do even more repetitive motions even faster could significantly increase the damage to their bodies and cause them to suffer more repetitive stress work injuries.

The Dangers of Increased Speed in Line Work in Poultry Plants
Advocates in favor of the USDA proposal to speed up the line work done by poultry workers argue that there is no evidence that workers will be at greater danger of injury when asked to work faster. According to the Charlotte Observer, for example, USDA indicates that no data exists to substantiate the idea that workers will be at greater risk and, further, that USDA has no authority to regulate worker safety in the poultry industry.

The Observer also quotes advocates who indicate that the Bureau of Labor Statistics data has shown a decline in injuries in the poultry industry of as much as 74 percent since 1994. However, those who advocate for the rights of workers indicate that these and other figures may be misleading because poultry companies are responsible for self-reporting injuries. This means many injuries may not be reported or recorded and so the full extent of the dangers to workers remains unknown.

There are also other factors that contribute to the underreporting of workplace injuries. For instance, workers in poultry plants tend to be low wage workers who are sometimes undocumented immigrants or non-English speakers. These workers may not be aware of their workplace rights or may be afraid to assert those rights. Because of these combined factors, it should come as no surprise that a Wake Forest Study indicated that the BLS data might be underestimating the risk of injuries in poultry plants by as much as 70 percent.

Further, although the U.S. Poultry & Egg Association alleges that pilot plants operating at faster speeds are no less safe than other plants, others disagree and argue that the increased speed requirements put already at-risk workers in greater danger.

Even with the artificially low estimates, 2006 BLS data indicates that 20.8 out of every 10,000 poultry-plant workers had to miss work due to repetitive stress disorders. With increased line speeds, this number is only going to grow much larger as workers put more strain on their bodies and do the same repetitive motions even more often.

When a worker suffers a repetitive stress injury at work, workers' compensation is supposed to cover the injury, which would mean that the increased line speeds could come at significant cost. Unfortunately, the question remains as to whether workers who are asked to speed up their work and who do suffer harm as a result will actually be able to assert their rights.

Continue reading "North Carolina Poultry Plant Workers Could Face Increased Risk of Work Injury" »