North Carolina Workers' Compensation Lawyers Blog

According to state authorities, a man shot and killed three of his fellow workers at the McBride Lumber Co. work site in North Carolina. After taking the lives of three of his co-workers, the angry employee died of a subsequent self-inflicted wound (a gunshot wound to the head), according to CBS News. Police officers report the man was disgruntled, but reports didn't indicate why he was upset. There were 16 workers on the job that day.

Recently, the Occupational Safety & Health Administration (OSHA) discussed the commonality of workplace violence in North Carolina and elsewhere. Workplace violence is defined as any threat or act of physical violence, intimidation, harassment or any other type of threatening disruptive behavior that happens at work. These types of incidents can range from verbal abuse to physical abuse to homicide.

Our Charlotte workers compensation lawyers understand that homicide is the fourth-leading cause of fatal on-the-job injuries in the U.S. The U.S. Bureau of Labor Statistics reports that of the more than 4,500 people who died on the job in 2010, more than 500 of the fatalities were the result of workplace homicides. Homicide is the number one cause of death among working women in the U.S.

In the workplace, these types of risks and dangers are supposed to be prevented and/or minimized by employers. Employers are required by law to take all of the necessary safety precautions to reduce the risks of work-related injuries and fatalities. One of the best ways for an employer to reduce the risks of on-the-job work violence and homicides is to enact a zero-tolerance policy. This policy should extend to cover more than workers. It should also cover contractors, visitors, clients and patients as well.

Employers are urged to frequently assess work sites. By looking at work conditions often, employers can identify ways to reduce the chances of violent acts occurring. OSHA provides a number of example work-related violence prevention programs for employers in a wide range of industries to implement on the job. These documents can be used as references to provide guidance for evaluating and controlling violence in the workplace.

According to OSHA, a thorough, well written and implemented Workplace Violence Prevention Program, along with the proper administrating controls, engineering controls and training, can help to reduce the likelihood of a workplace violence incident in all types of work industries.

Workers are asked to speak up if feeling intimidated or in danger on the job. Employees have rights that must be met on all job sites. There is no excuse for workplace violence and employers are required to minimize the risks of such devastating work incidents.

Continue reading "Police: Employee Kills North Carolina Workers before Turning Gun on Self" »

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" »

In the news recently was the announcement of the opening of the newest Boeing Co. factory in Charleston, S.C. The Post and Courier reports that within the next few months, the new Interiors Responsibility Center will begin to manufacture, integrate and install the insides for Boeing 787 Dreamliners made in South Carolina. The Boeing plant is considered one of the first one-stop-shops for Boeing 787's where the interior components will be built and installed all in one factory.

Creating a safe work environment and worker safety inside the building is not the only thing our Spartanburg workers' compensation lawyers are concerned about. The new factory also made headlines for being the largest installation for rooftop solar energy in this part of the country. We know that the installation and maintenance of solar and wind power energy sources on a building or rooftop can be every bit as dangerous as working around machines and large plane parts inside the building.

Bloomberg Businessweek reports that the installation of photovoltaic panels on the Boeing Co. plant began back in May and was recently completed in October by workers at South Carolina Electric & Gas. The array on the roof can generate enough solar energy to power 250 homes, which is approximately 2.6-megawatts of power. The 14-acre roof (equivalent to roughly 8 football fields) is covered by more than 18,000 thin film solar panels. Officials at South Carolina Electric & Gas report renewable energy sources like bio-fuels will provide the remaining source of power needed to energize the Boeing plant.

Green energy is important in preserving a healthy and safe environment for our future but it doesn't come without certain risks for workers injured by solar power accidents in Greensboro and throughout the country. Workers in the solar energy industry are exposed to electrical hazards that can lead to electrocution and arc-flash hazards.

According to the Occupational Safety & Health Administration, workers are at risk of severe burns or electric shocks when installing panels for solar energy. They are also at risk of fall accidents because it typically requires working at elevated levels or on top of slanted or flat roofs well above ground level.

Employers are required to develop hazard prevention and control methods in order to prevent workplace injuries and create a safe environment for their workers. Worker training requirements are outlined in OSHA's Electric Power Generation, Transmission and Distribution Standard.

All workers in the electric power industry must be provided with personal protective equipment, which includes face shields, hard hats, protective glasses, safety shoes, flame-resistant clothing and insulated rubber gloves with leather protectors. Workers should also be provided with insulating protective equipment such as rubber-lined hoses, blankets and hoods, and fiberglass or phenolic barriers.

Though the number of work-related solar incidents is difficult to gauge, it is still a rising concern for workers' compensation attorneys in North Carolina and nationwide. Natural energy sources can create a safer living environment for the public, so as the industry continues to grow employers must take the necessary safety precautions to keep workers safe in a dangerous work environment.

Continue reading "Solar Power Safety a Concern for 'Green' Workers in South Carolina, Nationwide " »

It's no secret that Black Friday is the busiest shopping day of the year. Stores roll out their biggest deals ever and consumer mobs head out to save some money. Without the proper safety precautions, these events can get ugly and employees can be injured in a work-related accident in Spartanburg and elsewhere throughout the Carolinas. Black Friday brings out large crowds and without the proper safety plan, the crowds can get out of hand and things can get dangerous.

Our Spartanburg workers compensation lawyers understand that employers have a responsibility to keep workplace conditions safe and hazard free for employees. This is especially important during Black Friday sale events. In 2008, a worker died during the opening of a Black Friday. Employers are urged to start planning for this year's Black Friday sales. Taking the proper safety steps can help to reduce the risks of a work-related injury when dealing with the large crowds of shoppers.

Planning for Black Friday:

-Make sure to equip areas expecting large crowds with the appropriate security officers, crowd management personnel or police officers on site.

-Workers should be designated to specific areas of your store. Make sure you have enough employees to cover all areas.

-Create a plan on what each worker is responsible for to avoid confusion on the day of the big event.

-Train all workers on how to properly manage the event and to manage crowds.

-Make sure that your business has all the required licensed and permits.

-Contact the local hospital, emergency responders, fire department and police department to notify them about your event.

-Be sure that your business has the proper signage presented throughout the store to indicate the location of emergency exits, restrooms and sale items.

-Have an emergency plan ready to address problems regarding crowd issues.

Right before the event:

-Make sure barricades and rope lines are in place to effectively route crowds.

-Allow customers through in intervals. This will help to eliminate overcrowding.

-Designate employees to explain the entrance and check-out procedures to customers to make lines flow smoother.

-Make sure all employees have radios or walkie-talkies to be able to effectively communicate with one another.

-Consider tickets or wristbands for the sale of popular items.

-Consider conducting an internet lottery for "hot" sale items.

-Keep shopping carts and other hazards in a safe area away from customer traffic.

-Create pamphlets for customers waiting in line to help communicate entrances, exits and locations of sale items.

During your Black Friday event:

-Before opening the doors, alert all customers and employees.

-Make sure all entrances are guarded with police, uniformed guards or other authorized individuals.

-Make sure that all crowd-management individuals are placed on the side of walkways, not in the middle.

-Never exceed your building's maximum occupancy limit. Stop customers from entering and wait for more to leave if you reach this limit.

-Make sure shoppers with disabilities have a safe way to enter and exit your store.

-Keep all exit doors clear.

-Make sure everyone knows in advance who to contact in the event of an emergency.

-Make sure that Automated External Defibrillators (AEDs) and first-aid kits are available.

Continue reading "Black Friday Sales Events to Bring Increased Risks for Work-Related Injuries in Spartanburg" »

The Occupational Safety and Health Administration (OSHA) recently released new educational materials designed to assist lab managers in protecting workers from biological and chemical exposures.

Our North Carolina workers' compensation lawyers in Charlotte know that working in a lab is a dangerous place for the more than 500,000 workers in the U.S.

Part of the new material includes the Laboratory Safety Guidance manual, which goes into great detail on how to eliminate or reduce hazards like fires, falls and explosions. The manual explains if employers use methods such as the use of personal protective equipment, engineering controls, safety plans and worker training, workplace hazards can be significantly reduced. Fact sheets were designed to spotlight particular hazards related to the laboratory workplace. Precautions and protocols to protect lab workers include safety guidelines for working with autoclaves, latex exposure, using a chemical fume hoods and transferring and labeling chemicals.

During the past few years there have been quite a few labs where workers died or were injured from equipment, explosions and fires. A spokesperson for OSHA acknowledges that lab workers are exposed to numerous hazards throughout their work day. Creating these materials is an effort to further educate employers to make the laboratory environment as safe and as healthy as possible.

OSHA worked with the National Academies on writing this new educational material. Their manual Prudent Practices in the Laboratory is considered the gold standard regarding dealing with chemical hazards.

Here is some QuickFact card info:

-Permanent Container Labels

All hazardous substances must be in a container that must have the following on the label: the manufacturer name and address, the chemicals name, a hazard warning that can be in the form of words, symbols or pictures, and the label must be legibly written in English.

-Transferring Container Labels

A label (as described above) must be placed on any secondary container if: the worker who transferred the chemical to the secondary container goes off shift or leaves his or her work area or the container leaves its original work area. The only time a secondary container doesn't need a label is when the person who did the transfer uses up all the chemicals in the secondary container during a work shift.

-Autoclaves

To avoid injuries when using autoclaves make sure the door is locked before starting, don't remove items until they are cool or use an oven mitt. Don't handle the sharp ends of instruments unless you are wearing steel mesh gloves or using forceps or other tool.

-Latex

If you experience any of the following you might be allergic to latex: rash, difficulty breathing, wheezing or irritation to the sinuses, nose and eyes. Using latex-free gloves is best if you develop these symptoms.

For additional information on laboratory standards, visit OSHA's website .

Continue reading "Charlotte Lab Workers in Danger of Daily Exposure to Hazardous Chemicals or Toxins " »

The 2010 summary of fatal work injuries was recently released by the workers' compensation attorneys in Winston-Salem want to remind injured workers and their families to fight for the rights you deserve. No injury resulting from a work accident is too small to have medically evaluated because you never know how injuries can be life changing weeks, months or even years later. Documentation of an accident can help in your battle to receive compensation.

Fatal work injuries in Asheville, Gastonia and Charlotte can occur regularly if an employer doesn't put the safety of a worker first, above all else. According to the preliminary report, North Carolina reported 134 fatalities related to work accidents in 2010. The total was more than most other states and a higher recorded tally than in 2009.

Nationwide, there were a total of 4,547 fatal occupational injuries in 2010. When we put that into perspective it is an average of 12 deaths a day. The final report won't be released until 2012 but it is expected the numbers will increase by roughly 3 percent since that has been the case each of the last three years.

It would be nice if we could pinpoint who is most likely to sustain an injury, but the truth is anyone can be involved in a serious or fatal work injury. According to the report, Latino and African-American or black (non-Hispanic) occupational work fatalities decreased, while white worker fatalities were up by 2 percent. The non-Hispanic black or African-American employees showed the biggest percent change with 9 percent fewer deaths than in 2009.

This is the second consecutive year for a decrease among this race as a 21 percent drop was reported in 2009 and a 37 percent decrease has been reported since 2007. Work fatalities dropped by 4 percent in the Hispanic and Latino ethnic group which resulted in the lowest total since 1997. There were a total of 682 Latino and Hispanic work deaths in 2010 of which 63 percent were workers born in another country.

The number of hours worked increased for wage and salary workers but self-employed workers worked 2 percent less than the total hours in 2009. Salary and wage workers reported a 2 percent increase in deaths occurring from a work accident compared to a 6 percent decrease in fatalities reported for self-employed workers from 2009-2010. The total of self-employed work fatalities was the lowest total reported since 1992.

The report indicated that 2010 showed a drop in male fatal injuries but an increase for women who were killed by a work accident. Female work fatalities increased by 6 percent in 2010 which was partially due to the 13 percent increase in female homicides and violent acts taking place at work. The three age groups that presented an increase in work fatalities were 17 and under, 25-34 year-olds and 55 years-old and higher. All other age groups reported lower totals for 2010.

The Top 5 fatal industry sectors reporting occupational injuries are:

• 780 fatalities occurred in construction jobs, which was about 17 percent of work fatalities for 2010.


• 657 injured workers died in warehousing and transportation, or 14.4 percent of total work fatalities in 2010.


• 600 workers died in hunting, fishing, forestry or agriculture jobs comprising 13.2 percent of total fatalities.


• 373 professional and business services workers died from a work accident which equates to more than 8 percent of work fatalities.


• 324 employees died at manufacturing-related jobs in 2010 or 7.1 percent of total occupational fatalities.

"As our economy continues to strengthen and the workforce expands, we at the Department of Labor will remain resolute in our mission to ensure that safety is not sacrificed as America's workers provide for themselves and their families," said U.S. Department of Labor Secretary Hilda L. Solis. "My constant focus is 'good jobs for everyone,' and safety is an essential part of that equation."

Continue reading "Experienced North Carolina Law Firm Can Help with Complicated Workers' Compensation Claims in North Carolina, South Carolina" »

Earlier this year, a bill was introduced into the North Carolina General Assembly that would have negatively affected injured workers' rights. The bill had to undergo some radical changes before becoming law. The change to the bill made it more complex and still doesn't side with the injured North Carolina worker.

Our workers' compensation lawyers in Greensboro frequently posted on our North Carolina Workers' Compensation Lawyers Blog about the bill's issues and progress.

The newly passed workers' compensation law went into effect on July 1, 2011. Luckily, many of the less-than-desirable requirements only apply to cases with injuries happening after July 1. Unfortunately, some parts pertaining to medical care and talking with physicians will apply to current cases.

That is why it is vital to have a knowledgeable North Carolina workers' compensation attorney who understands the new law. Of all the differences in the new law, the length of workers' compensation benefits was the most noticeable change.

Previously, an injured worker would be paid for as long as they were unable to work. Now there is a 500-week maximum. But, if the worker is still unable to work at week 425 they can ask for additional weeks past 500.

It will be quite some time before the 500-week extension can be tested since it applies to injuries happening after July 1. Under the new law, affecting cases happening after July 1, "suitable employment" was redefined.

When establishing the degree of disability of an injured worker, the old law included concerns regarding experience, education, age and if the pay of an available job was close to the injured workers previous position. The new law omits the wage factor portion.

It will be interesting to see how this will work out. Currently, if an injured worker comes back to work and takes a lower paying position they can decide to be paid 2/3 of the difference in their pay. They can do this for approximately 6 years at which time they will then just be paid the amount of the lower paying job.

Under the new law the difference in pay will last for 500 weeks which is about 10 years. For this reason, oftentimes injured workers are advised not to take the lower-paying position. An additional requirement under the new law states that if the lower-paying job pays less than 75 percent of the previous job prior to the injury, it is likely that paying for vocational rehabilitation will fall under the responsibility of an insurance company so injured workers could be trained for higher paying jobs.

Compensation for surviving family members of those workers killed on the job will be paid for 500 weeks instead of 400. Though it is an improvement, it doesn't seem nearly enough.

Continue reading "New Bill Brings Complex Changes to North Carolina Workers' Compensation Law" »

Work injuries from fall accidents in North Carolina can often be complex and require substantial medical care to heal properly. Employers throughout the country have a responsibility to protect workers from being injured on the job, but in most cases, they don't provide the proper safety equipment required by law to protect their employees.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced a three-month phase-in period for residential construction employers to comply with the agency's new directive for fall protection in the workplace. After Sept. 15, employers who fail to comply will be cited.

Statesville workers' compensation attorneys know that fall accidents occur on North Carolina work sites as often as anywhere else in the country, so call an experienced attorney to help you fight for the compensation you deserve. Don't get inundated with doctor appointments and medical bills without the help of a legal professional.

We first posted about the new directive for residential fall protection compliance in December of 2010 on our North Carolina Workers' Compensation Lawyers Blog. OSHA is offering phase-in period will begin June 16, during which employers will receive a hazard alert letter informing them of methods they can use to comply with OSHA's fall protection standard.

If an employer fails to make changes outlined by the alert letter and is later inspected and cited for the same violations, OSHA will fine the employer for the lack of attention provided for the welfare of its employees.

"We want to make sure that the residential construction industry has every opportunity to successfully come into compliance with the new directive," said assistant aecretary of Labor for Occupational Safety and Health Dr. David Michaels. "I am confident that this phase-in period will provide employers the additional time and flexibility they need to alter their work practices in accordance with the requirements of the new directive."

OSHA offers a Safety and Health Topics webpage that identifies fall hazards and possible solutions for eliminating these hazards in the workplace. Employers are encouraged to use this page as a reference for company policy when it comes to fall protection.

Employers who lack the knowledge and fail to understand the new directive for Compliance Guidance for Residential Construction from this point on are exhibiting signs of ignorance. OSHA spells it out clearly through various resources. The agency offers free resources to employers who need assistance and offer a compliance assistance specialist in most area offices.

Residential construction employers owe it to their employees to create a safe environment to reduce the number of fall accidents occurring at job sites. Anything less is a poor excuse and should result in taking legal action.

Continue reading "90-Day Partial Leniency Offered to Employers for Fall Accidents at North Carolina Job Sites" »

As we head into the hottest days of summer, we wrap up our series of blogs on common workplace injuries with the two types of heat illness: heat exhaustion and heat stroke.

Workers with outside jobs or heat-related job duties are often at high risk of exposure to heat illness in North Carolina job sites.
Winston-Salem workers' compensation lawyers want to remind employees that there is a fine line between heat exhaustion and heat stroke, so take the necessary precautions to avoid serious injury or illness while you are at work.

WFMY News reports that a Burlington firefighter was recently treated for heat exhaustion after responding to a call regarding a machine fire at a plant at Glen Raven Mills. This is just one example of how heat-related jobs can not only be dangerous, but can cause serious illness. Thousands of workers throughout the U.S are treated at hospitals for heat exhaustion or heat stroke each year.

North Carolina Division of Public Health has already reported about 319 heat-related illness emergency room visits between May 1 June 4 this year. The majority of cases have involved young (ages 24-44) and middle-aged (45-64) adults. The three common reasons leading to the heat illness is playing or working outdoors and job-related outdoor activities.

The Centers for Disease Control and Prevention reports the workers that are most in danger of heat-related illness are farmers, factory workers, constructions workers, postal workers, bakers, miners, firefighters and boiler room workers. Employees most at risk are those older than 65, overweight, workers with high blood pressure, or workers on certain prescribed medications.

The following are symptoms of heat exhaustion: dizziness, cramps, headache, nausea, sweaty skin or a fast heartbeat. Heat stroke can often be detected by signs of confusion, convulsions, fainting, high temperature or red, hot and dry skin. Anyone experiencing these symptoms should seek medical attention immediately.

The Occupational Safety and Health Administration offers the following tips to prevent a heat-related illness at work:

-Drink plenty of water on a timely schedule, even if you aren't thirsty. It is recommended to drink every 15 minutes.

-Refrain from drinking beverages like coffee, energy drinks, soda or alcohol in extreme hot temperatures.

-Keep an eye on other employees around you. If you see strange behavior or signs of heat exhaustion call for help immediately and alert a supervisor.

-Have your work site location memorized in case you need to call for help. A 911 dispatch will need an address to send a rescue team to your location.

-Always wear a hat for protection from the sun and light-weight and fair-colored cotton clothing. Dark clothes attract the heat and shouldn't be worn.

-Ask your employer to provide a tent or covering for shade. Take periodic breaks in the shade.

-Never climb under machinery or a vehicle to get out of the sun. You run the risk of the vehicle moving and crushing you.

Continue reading "Outdoor Jobs Create High Risk of Heat Illness for Winston-Salem Workers" »

Our Charlotte workers' compensation attorneys want to reiterate the importance of workplace safety after learning of a recent accident that took the life of a Lowe's employee in Charlotte.

We are conducting a series of blogs about common North Carolina work injuries and unexpected dangers that can occur in the workplace.

There are a number of different kinds of accidents and injuries that can occur at warehouses and storage facilities. Falling from a ladder, back injuries sustained from loading heavy boxes, debris or equipment falling from upper storage shelves or collisions with fork lift equipment are a few that come to mind.

The Charlotte Observer reported recently about the tragic event that killed an employee at a Lowe's Home Improvement storage building in South Charlotte. The employee was standing under a garage door when it fell on him, struck him on the head and killed him shortly after being taken to Carolinas Medical Center. The store remained open following the accident with caution tape surrounding the area where the garage door fell. Detectives and the North Carolina Department of Labor are investigating the incident.

Employers have a responsibility to maintain a safe work environment by following these worksite analysis guidelines suggested by the Occupational Safety and Health Administration:

-Have an OSHA consultant come visit your warehouse or storage facility at no charge.

-Read up on hazards that can occur in storage areas or warehouses.

-Always encourage employees to report potential dangers and hazards that could potentially hurt someone while performing their job duties.

-Maintain an appropriate system for reporting hazards in the workplace.

-Have your employees form safety teams so more than one person is looking out for dangers or safety issues in the workplace at any given time.

-Review the worksite conditions from previous years in order to assure proper maintenance or changes have been made to enhance safety.

-Inspections of worksite conditions should be conducted by a trained professional, especially if hazards are detected and changes are needed.

-Don't be afraid to get help from safety and health experts. Providing expert care can go a long way in preserving your employee's well-being.

June is National Safety Month. All companies should create an open-door policy when it comes to employee safety by establishing open lines of communication and getting employees involved in an effort to make safety and health a priority. Create safety awareness and prevent unexpected injuries and deaths at work this month and beyond.

Continue reading "Safe Work Environments can Reduce Risk of North Carolina Work Injuries" »

Our third topic in a series of blogs about workplace injuries covers the dangers of hand and power tools. Jobs that require the use of hand and power tools put employees in danger of flying debris, harmful dusts, or flammable sprays that can lead to all sorts of severe injuries or illnesses.

Greensboro work injury lawyers want to remind workers that employers have an obligation to provide you with adequate training and personal protective equipment to reduce the risk of North Carolina hand and power tool injuries at work.

Most of us use hand or power tools in our everyday lives, so we often don't think about the dangers involved. The construction industry wouldn't be able to survive without the use of hand tools and power equipment. The U.S. Department of Labor Occupational Safety & Health Administration provides a set of standards and directives to be used by all employees who use hand and power tools at work.

OSHA provides these examples of hand tool hazards:

-A wrench may slip and hit someone if the jaws are sprung.

-A wooden handle on an axe or hammer that is splintered, cracked or loose can cause the metal part of the tool to fly off and hit another employee in the act of using the tool.

-Impact tools with mushroomed heads such as chisels or wedges can shatter on impact which sends sharp fragments in scattered directions through the air.

To avoid power tool injuries, follow these safeguards:

-Free both hands to operate the tool by securing your work object with vises or clamps.

-Keep work area clean and obstacle or cord-free. Anyone not working on the task should stay clear of the work area.

-Never allow hoses or power cords to get near sharp edges, oil or heat.

-Refer to the user's manual for instructions on how to change accessories or how to lubricate the tool.

-Always have good balance and proper footing while operating a power tool.

-Never wear loose or dangling jewelry or clothing like ties or scarfs. They present a danger of choking among other things if something gets caught.

-Never carry a tool from point A to point B with your hand or finger pressed on the power button.

-Always unplug power tools when not in use, before servicing, while changing blades, bits or cutters and before cleaning.

The North Carolina Department of Environment and Natural Resources requires that employers train all employees using hand and power tools. Employees should be trained to pick the right tool for the task at hand, know the dangers of all tools, how to use the tool correctly, how to maintain and routinely inspect the tools and how to store tools properly.

Continue reading "Power Tools Often Cause Workplace Injuries to North Carolina Workers" »

This week, the House floor will vote on a revamped compromise bill to overhaul the state workers' compensation system, the News Observer is reporting. Lawmakers voted to pass the "Protecting and Putting North Carolina Back To Work Act" on second reading by a vote of 106-8.

Our Charlotte workers' compensation lawyers know the House committee passed the measure last week after a long-awaited decision and the final vote is scheduled for this week. The revised bill is a victory for Carolina families that prevented big businesses from winning a cap on benefits.


To recap, the original bill would have done the following:

-Insurance companies and defense lawyers could discuss your case with your doctor without your permission or your attorney knowing about it.

-If the insurance company thinks you are "failing to cooperate," your total disability benefits could be cut off.

-You would have no choice in what doctor you go to.

-Total and permanent disability benefits would end at 500 weeks (there are some extreme exceptions).

The most controversial part of the original bill would have stopped income benefits for most workers at 500 weeks, which is just under 10 years - except for the most severe cases, such as a worker's loss of both hands or paralysis. The cap still stands under the revised bill, but new exceptions have been made.

"Many may feel that the bill does not go far enough to reduce costs and others will feel the provisions fall short of protecting the interests of injured workers, but in times such as these all sides made compromises, and overall we feel the changes preserve the backbone of our workers' compensation system that pays fair compensation to injured workers at a reasonable cost to the employers," said Dick Taylor of the lawyers' group.

Under the revised bill, workers would be able to qualify for extended compensation as long as they can prove that they have "sustained a total loss of wage earning capacity."

"The N.C. Chamber fought hard and won major concessions, and yet the common ground preserved in the consensus bill allows North Carolinians to retain a fair workers' compensation system," said workers' compensation attorney Gina Cammarano, a former special deputy commissioner at the North Carolina Industrial Commission.

Continue reading "Long-Awaited Benefits Decision Favors Families of North Carolina Workers Injured on the Job" »

The Herald-Sun reports that a new bill aims to reduce compensation benefits, make it easier for insurance companies to eliminate benefits and abolish workers' rights to physician-patient privacy for those involved in work accidents in North Carolina and elsewhere. The proposals, HB 709 and SB 544, only create the illusion of better compensation for workers and do nothing to positively reform the current system.

Our North Carolina workers' compensation attorneys understand that these new bills are not in the best interest of workers. These bills will only shift the responsibility of compensation payouts from the insurance companies to the tax payers.

As we've recently reported on our North Carolina Workers' Compensation Blog, employers are doing all that they can to weasel their way out of paying claims for work accidents. Worker advocates continue to reiterate that insurance companies are putting in the long hours to make sure that payouts to injured workers are limited and they're making sure that these injured workers seek doctor diagnoses until an "employer-friendly" one is discovered.

The beginning of workers' compensation came after the Triangle Shirtwaist Company fire in New York City. This work accident took the lives of almost 150 workers. At that time, no compensation was paid for their deaths.

After the fire, New York passed one of the first workers' compensation acts in the United States. Many states followed, and North Carolina eventually passed a law in 1929.

When the first wave of workers' compensation was presented to U.S. workers, it went a little like this:

-Injured individuals were to receive two-thirds of the weekly wage earned before the injury and for as long as disability continued.

-All reasonable medical bills related to the injury were paid.

-If a body part had been permanently injured, additional payments would be made.

-Each body part was assigned a certain time period of allotted compensation if it was permanently damaged.

-There was no compensation for physical pain or emotional suffering.

-Wages were to never increase when receiving disability funds. You were locked into the wage you were receiving at the time of the incident.

A work accident in 2010 left a 17-year-old boy in pieces after he became entangled in a machine meant to shred pallets to make mulch. A safety bar had recently been removed and the employer had previously been cited with 11 violations. Because of workers' compensation immunity, the family of this young worker was prohibited from filing a civil claim against the employer. The employer received immunity and the family received very limited benefits, totaling 400 weeks of compensation and funeral expenses of less than $4,000.

The current bill that is pending in the North Carolina legislature allows disability benefits to halt after 500 weeks, even if the employee remains disabled.

Officials don't worry about disabled workers as they claim they will most likely fall into Medicaid, Medicare or Social Security Disability. This new bill would only shift the medical bills and other compensation payouts from the insurance companies to the taxpayers.

Reform or backpedaling?

Continue reading "New Bill Aimed to Reform Workers' Compensation in North Carolina may do Everything But" »

If you are involved in a North Carolina work accident in Charlotte or elsewhere, we urge you to hire experienced workers' compensation attorneys that will protect your rights. As this case illustrates North Carolina workers' compensation cases can be extremely complex.

After falling through a suspended ceiling and dropping over ten feet to a concrete floor, a welder and steel fabricator injured his back.

He returned to work about two months later after receiving occupational therapy and medical treatment. He had also been given a medical authorization to return to work. Medical expenses were paid for by his employer through workers' compensation benefits. During the following months his back discomfort persisted so he went to an orthopedic surgeon. It turns out the worker had bulging discs, extrusions and a herniation along his spine as revealed by two MRI's.

Due to the severe nature of his back injury and because he was unable to return to his job, the worker applied to the North Carolina Industrial Commission for additional benefits. The worker was awarded temporary total disability in addition to medical expenses because the Commission felt his ongoing back problems were from the original injury.

The Commission's decision was appealed by the workers employer based on a legal doctrine known as the Parsons presumption. A three-judge panel reviewed the case and concluded there was no previous ruling of a compensable injury by the Commission. The initial workers' compensation benefits proceedings had only involved medical expenses. The Parsons presumption is only valid if one of three things has occurred: the employer was found to be responsible for a compensable injury, the employer acknowledged to compensability, or the employer and worker made a deal regarding compensability.

The Appellate court cited, Biddix v. Rex Mills, a 1953 case, that acceptance of a claim on a medicals-only basis "cannot in any sense be deemed an admission of liability." Lacking the legal presumption, the court had to see if the worker's orthopedic surgeon had linked the original injury to the chronic symptoms that developed later.

Sufficient evidence did not support that the current symptoms were caused by the previous injury. The Appellate Court sided with the employer and reversed the disability decision by the Commission.

Continue reading "Workers' Compensation award reversed by North Carolina Appeals Court" »

Our injury attorneys in Charlotte and Carolina workers' compensation attorneys know that while nearly half of all auto worker jobs can be found in just three states - Ohio, Michigan and Indiana - more and more auto makers are transplanting efforts in the South, the Carolinas included.

The Charleston Regional Business Journal reports that nearly 5.5 percent of jobs and 10 percent of South Carolina's economic output is tied to the automotive industry. And, according to the new state commerce secretary, increasing numbers in both the automotive and manufacturing sectors "will be a priority for the commerce department".

State officials hoping to lure more automotive job creators to South Carolina say that doing so is the best way to stimulate the state's job market, particularly for small businesses. The note that one "direct automotive job" leads to an additional 4.5 supporting jobs. Both Greenville and Spartanburg are among the top 10 counties in the state boasting employment in this industry.

It appears that the South Carolina commerce secretary may be on to something. AOL Jobs reports that the auto industry - a sector among the hardest hit by the recession - may now finally be facing a reversal of fortune. In part, the return of the auto worker era is linked to an aging auto worker pool that will need to be replenished by younger, qualified workers.

There is also the bounce back. As the auto industry gets back to pre-recession reality and begins to hire more aggressively, there will be a need for more auto industry workers to fill those positions.

With more jobs, of course, comes a better financial health for Carolina workers. The Bureau of Labor Statistics reports that production and workers in non-supervisory automotive industry roles earn relatively high wages - among the highest pay in the nation in fact. Pay rates for this industry span $14 to $39 per hour, depending upon the degree of skill, education and experience a worker brings to the job. Pair that high pay with a generous benefits package and union membership perks, and automotive manufacturing positions offer a boon to the struggling Carolina workforce.

With that said production workers are required to do more than their fair share of heavy lifting and regularly use dangerous high-performance machinery. Working conditions also expose workers to repetitive motion, loud noise, heat and toxic fumes. Because of these factors, automotive industry workers face a higher rate of injury than most other sectors; although recent efforts have done much to create a more ergonomic and user-friendly work environment.

Protecting our workforce means the emphasis must also be on preventing Carolina work accidents, not just creating jobs.

Continue reading "Work safety paramount in Carolina's quest for more auto worker jobs" »