North Carolina Workers' Compensation Lawyers Blog

Think you are safe in your office, at your cubicle or behind your office desk? You may want to rethink that after reading this. You could be at some serious risks for work-related injuries in North Carolina and elsewhere. It's important for employers and employees to work together to maintain a safe office setting. This requires reducing chemical dangers, making sure that equipment and work stations are designed properly, that the physical environment is pleasant, that the tasks are reasonable, that the psychological factors are manageable and that you're not exposed to any other kinds of dangers.

According to the Center for Disease Control and Prevention (CDC) workplaces need to be designed so that employees can work comfortably and don't have to sit or stand for too long and so they don't need to over-reach or work in awkward positions. Our North Carolina workers compensation attorneys stress the importance of employers ensuring their workers are working with the correct ergonomic design. When office workers start complaining of pain, many times the solution can be as easy as a furniture change.

Or, the equipment office workers are using could be satisfactory, but the way the work task is executed could be redesigned. For workers who are on the computer for most of the day, it has been proven that short breaks every hour can reduce the risks of long-term pain.

Other office and desk dangers can include exposed electrical cords, dangerous corners, open desk and filing cabinet drawers, falling objects from high shelves as well as speed and repetition of work-related duties. It's important to make sure job-related stress doesn't consume your life. The requirements of your job need to meet your capabilities. If they don't, a worker can be hurt.

One of the most important factors to help reduce the risks of injury among desk workers is ergonomics. This is the study of people who are at work. The goal of this field is to help to reduce the risk of injuries, disorders and stress related to the overuse of muscles, repetitive tasks and bad posture. Workplaces need to be controlled and tasks need to be designed accordingly to minimize risks.

If your positions at work are not ergonomically correct, you run the risks of work-related musculoskeletal disorders of the upper extremities, neck and low back.

The Bureau of Labor Statistics reports that roughly 15 million Americans are employed for full-time positions and work on the night shift, evening shift, rotating shifts or other irregular schedules. According to the International Labor Office, the number of hours worked in the U.S. exceeded that of Japan and most of Western Europe. Both shift work and long shifts have been associated with increased risks for illnesses and injuries on the job.

It is important for employers to keep an eye on work design, work-related stresses, air quality in the office, noise control, occupational violence and work scheduling to help to reduce the risks of work-related accidents. Employers have a responsibility to provide safe workplaces for all employees.

Continue reading "Prevent North Carolina Office Injuries " »

A trucking company based out of Salisbury has been instructed by the Occupational Safety and Health Administration (OSHA) to reinstate a recently-terminated employee's position with the company. The commercial printing company, Rowan Business Forms, allegedly fired the truck driver after he spoke out about some safety concerns that he had with the brakes on his company-owned truck.

Employees should be provided with safe working conditions, regardless of their work title. If you feel that your safety is in jeopardy on the job and you are at unnecessary risks for a work-related accident in North Carolina, you're asked to speak up. Safety should be a top priority of employers nationwide.

Under the current law, employees may not be retaliated against for raising safety concerns. That violates OSHA's whistleblower provisions of the Surface Transportation Assistance Act (STAA) and 20 other statutes protecting employees who report violations. These violations may consist of dangers involving various securities, consumer and workplace products, or laws regulating safety in the fields of health care, maritime, rail, environment, pipeline, nuclear power, airline and commercial motor vehicles. Our Salisbury workers compensation attorneys are here to help you to fight for your safety on the job throughout North and South Carolina. If you feel that you have been unfairly treated by an employer, recruit an experienced attorney to fight for you.

After OSHA conducted an investigation through its Whistleblower Protection Program, officials found that the firing of the truck driver was in fact in violation of federal standards. As a result, Rowan Business Forms has been ordered to pay the worker roughly $85,000 in compensatory and punitive damages, back wages and interest. No employer is allowed to terminate an employee because he or she was vocal about concerns for workplace safety. Employees are provided with rights and they must be protected throughout the nation.

An OSHA spokeswoman in Atlanta said the agency takes retaliation complaints extremely seriously, especially when the employee was trying to bring to light safety concerns.

Here's how it happened: Back in August 2009, the truck driver told his supervisor about the brake fluid leakage on the company's dump truck. He told the supervisor that the brake pedal could be pushed all the way to the floor and that he almost slammed into a car in front of him because of that problem. He said he feared for his safety. The manager of the company said that they would have the leak fixed before the driver's next dump, but the repair was never completed. Then in October, when the truck was scheduled for its next delivery, the employee refused to drive it because he saw that the leak was never fixed. The very next day, the truck driver was fired.

Under current provisions, employers are not allowed to retaliate against workers who speak up about the concerns that they have about their safety on the job.

Continue reading "Fear of North Carolina Work Accident Led to Firing" »

Recently, a Carteret County fire department was given a number of safety and health citations from the North Carolina Department of Labor after an investigation into alleged asbestos exposure. The safety inspection was conducted after the occupational department received a complaint.

The Indian Beach-Salter Path Fire Department was on the receiving end of these citations after health officials determined that the department failed to take the proper actions to help protect employees from work-related accidents in North Carolina. The department received a dozen serious violations in addition to five non-serious violations, according to the Jacksonville Daily News. All of the citations were the result of the department violating the Occupational Safety and Health Act of North Carolina and failing to protect employees.

That was just about $14,500 in proposed penalties. We understand that fireman face grueling work conditions - running into burning buildings to save lives - but our North Carolina workers compensation attorneys don't expect one of the dangers for firefighters to also be asbestos exposure. The complaint that launched the entire investigation into the Beach-Salter Path Fire Department was filed back on Nov. 2

Most of the safety violations were the result of an inspection into the site of 118 Ballpark Road. This is the site where fire department employees were required to take out linoleum that contained more than a quarter of Chrysotile asbestos, putting the workers at risk for injury and illness.

The citations reveal the violations were all grouped together because they all covered relatively similar workplace dangers and hazards that all have the potential to increase injury or illness resulting from an accident.

Investigators found there weren't enough safety precautions taken to meet the requirements to work with Class II asbestos. These include performing exposure monitoring and providing knowledgeable supervision.

The citations didn't explain why the employees were doing work on this site, but some reports indicate that back in November, the building was being prepared to be set on fire for training purposes.

In addition to the inspection of the site on Ballpark Road, health department officials also inspected the fire department itself on Salter Path Road. At this location, there were three electrical-related violations observed by occupational safety and health investigators.

The Beach-Salter Path Fire Department has 15 work days from the date on the issued citations to either file a notice of contest with the North Carolina Review Committee, to request and informal conference with the Labor Department or just pay the fine.

There are a number of complications that can arise from overexposure to asbestos:

-Mesothelioma - a form of cancer mainly affecting the lining of the lungs.

-Asbestosis - a non-malignant scarring of the lung tissue.

-Asbestos-related lung cancer.

-Non-malignant pleural disease.

Continue reading "Firefighters Exposed to Asbestos-Related Work Hazards in North Carolina" »

Welch Group Environmental LLP of Belton was recently cited by the Occupational Safety and Health Administration (OSHA) for failing to take the appropriate measures to help prevent work-related accidents in South Carolina and on its other work sites. OSHA recently conducted an investigation into one of the company's work sites and noted nearly 20 different health violations. At the work site in question, Welch Group Environmental was hired to help to clean a shooting range and reclaim the lead. After the investigation on this site, OSHA officials concluded the company failed to protect workers from overexposure to lead. All of the fines totaled a penalty of nearly $500,000.

Darlene Fossum, OSHA's area director near the work site, says the company "acknowledged...the dangers associated with lead exposure but continued to allow hazards to exist."

Our South Carolina workers compensation attorneys understand the inspection into the dangerous work site started back in July as a part of OSHA's regional and national emphasis programs for lead. Welch Group Environmental LLP was handed more than 10 willful violations, which came with a total of more than $460,000 in penalties. The company was found to be in violation for several oversights, including:

-Neglecting to provide protection benefits to employees on lead exposure;

-Neglecting to give workers respirators;

-Failing to provide employees with the proper bodily protections;

-Failing to monitor the lead levels in employees' blood;

-Failing to provide employees with changing rooms and shower facilities.

In addition to all of those violations, the company also allowed employees to dry sweep and shovel areas that were contaminated with lead and allowed the workers to have been exposed to levels of lead that were far above the allowable limit.

Welch Group Environmental LLP was also handed nearly five additional serious violations totaling nearly $17,000 in penalties.

Serious Violations:

-Neglecting to make sure workers who were wearing the respirators didn't have facial hair that could have interfered with the seal.

-Not providing the proper respirators to employees who were exposed to levels of lead that were 10 times higher than the maximum concentration.

-Failing to provide employees with blood level test results.

-Neglecting to provide workers with a blood sample analysis, including serum creatinine, blood urea nitrogen, zinc protoporphyrin, hemoglobin and hematocrit determinations.

Lastly, the company received two more violations with final penalties of just over $1,000 for neglecting to label containers properly that housed protective clothing and for failing to create and enforce a written hazard communication program.

OSHA has required that the company undergo even more inspections to make sure that the proper changes have been made to help to protect its employees.

Continue reading "Company Fined Nearly $500,000 for Failing to Prevent Work-Related Accidents in South Carolina and Elsewhere" »

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

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

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

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

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

Work Accidents:

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

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

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

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

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

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

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

The economy is recovering and residents are heading back to work. With the reduction in the unemployment rate, we're seeing an increase in the rate of work-related accidents in the Carolinas and elsewhere. According to the U.S. Bureau of Labor Statistics, the non-farm employment stats increased by about 200,000 in December. Now, the unemployment rate sits at less than 9 percent. An increase in employees has been seen in the industries of mining, health care, manufacturing, transportation and warehousing, among others

Our Carolina workers compensation lawyers understand the unemployment rate is down. More than 13 million people were unemployed in the United States in December. While this number may seem large, it's important to remember this is in fact a reduction from recent statistics. This is nearly a 1 percent reduction in the unemployment rate since August of 2011. As people are heading back to work, it's an important time to remind employers they have a responsibility to protect employees from common serious and fatal work accidents.

Major Work Group Numbers in December of 2011:

-The unemployment rate for adult men showed an 8 percent decrease in December.

-The unemployment rate for adult women stood at nearly 8 percent.

-The unemployment rate for teenagers stood at more than 23 percent.

-The unemployment rate for white employees stood at nearly 8 percent.

-The unemployment rate for black employees was nearly 16 percent.

-The unemployment rate for Hispanics stood at about 11 percent.

-The unemployment rate for Asians was still about 7 percent

The number of those who were long-term unemployed, meaning that they were without a job for more than 26 weeks, stood at about 42 percent of the unemployed population.

The number of people who were part-time employees, for economic reasons, dropped by more than 370,000. This category defines individuals who were partaking in part-time work because their position, hours or ability to find work had been cut.

Nearly 3 million people were marginally attached to the labor force in December, meaning that while they were not in the labor force, they wanted and were available for work and had looked for employment sometime in the previous year. These individuals were not considered to be unemployed because they didn't look for a job in the 4 weeks prior to the survey.

December's Employment Rates:

-The number of employed and unemployed members of the civilian labor force stood the same throughout the month.

-Non-farm employees increase by roughly 200,000.

-Private sector employees rose by more than 210,000.

-The number of workers in transportation and warehousing increased significantly by more than 50,000.

-Seasonal employee hiring was strong in December.

-The retail industry gained nearly 30,000 workers.

-The manufacturing industry gained nearly 25,000 employees.

-The mining industry increase by nearly 10,000 employees.

-Health care gained nearly 25,000 workers.

-Food services (hospitality and leisure) gained nearly 25,000 employees.

-The construction industry remained about the same.

According to the preliminary stats, there were nearly 5,000 fatal work accidents in 2010. As the economy recovers and the working market gets more employees, accidents are bound to be more common. Be safe our there to help to reduce the risks of a work-related accident in 2012.

Continue reading "Unemployment Rates Dropping, Risks of Carolina Work-Related Accidents Increasing" »

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Farm workers in North Carolina are at risk of many dangerous hazards while they perform their job. Training these seasonal workers how to operate large farming equipment, how to avoid suffocation or dust explosion in a grain bin, how to avoid exposure to toxic chemicals or how to prevent heat illness is critical in preventing work injuries from farming accidents in Hickory, Statesville or elsewhere.

Bloomberg Businessweek recently reported that farm worker advocates are asking state officials in North Carolina to do more to prevent serious injuries and death in the farming industry. Many gathered in Raleigh recently for Day of the Dead which is symbolic in remembering those who have lost their lives while working on a farm. Supporters gathered to remember two workers who were killed in the field while harvesting in August. One worker was pulled into a large piece of machinery while trying to clear a tobacco clog. There have also been several North Carolina farmers die from heat stroke since 2005.

Gastonia workers' compensation attorneys know that the farming industry is particularly dangerous for young workers because many farms are a family business where youth workers live and work right on the premises. Migrant workers also live and share the work right on the premises on many family farms that hire seasonal workers needed to harvest the crop in a timely manner.

The Centers for Disease Control and Prevention (CDC) reported almost 1.8 million laborers were employed in agriculture in 2009. There were 440 farmers or farm workers who lost their lives on the job in 2009, which equated to a fatality rate of 24.7 deaths per 100,000 workers. It is estimated that over 1 million children under age 20 lived on a farm in 2009, of which more than half performed work duties during harvesting season. In addition, 230,000 youth were hired outside the family to work in the farming industry.

From 1995-2002, it is estimated that 113 young workers died from a farm-related injury; 34 percent were between the ages of 16-19 years old. The most common causes of deaths were machinery accidents, transportation accidents (involving ATVs) or drowning.
Overall, there were more than 9,000 farm workers or farmers who died from an injury sustained at work from 1992 to 2009. Each year during this period, an average of 90 deaths were from overturned tractors which was the leading cause of death for these workers. It is important to note that five percent of the 243 workers in agriculture injured daily suffer from permanent impairment.

The U.S. Department of Labor offers these farm safety tips to workers:
-Develop awareness for hazardous chemicals and toxins on the farm, as well as, machinery hazards. Employees should always be trained in how to prevent farming accidents related to illness or injury.
-Read and follow instructions on the owner's manual for operating large equipment.
-Never operate farm machinery without the safe guards in place. The guards are meant to protect and reduce the risk of serious injury.
-Only perform job duties when necessary personal protective equipment is provided by your employer.

Continue reading "Machinery Accidents Common Cause of Injury or Death in North Carolina Farming Industry " »

Tenneco Automotive Operating Company's manufacturing facility located in neighboring Georgia has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for 20 health and safety violations. Many of the violations involve hexavalent chromium exposure. The proposed monetary penalty is $90,000.

Our North Carolina workers' compensation lawyers in Greensboro know that exposure to hexavalent chromium can cause damage to the lungs, nose and throat and have lifelong effects on a worker's quality of life.

Hexavalent chromium is a metallic form of chromium that is a naturally occurring element found in various objects like soil, plants, rocks, volcanic dust and gases. There are many industrial applications that use hexavalent chromium including leather processing, welding stainless steel, arc welding, painting, electroplating, grinding stainless steel, textile dying, wood preservation and chrome finishing.

A spokesperson for OSHA commented that violations regarding hexavalent chromium exposure are inexcusable due to the abundance of information available to employers.

In May 2010, OSHA started enforcing new standards for hexavalent chromium, which require engineering controls for anyone working with hexavalent chromium. The most important change in the new standard involves workers' exposure limit. The old standard had an exposure limit of 52 micrograms per cubic meter on an 8-hour time-weighted average. The new standard has an exposure limit (PEL) of 5 micrograms per cubic meter. It is vital to limit employee exposure limits because hexavalent chromium is a known carcinogen when inhaled.

Safety equipment needed to protect workers from hexavalent chromium can include respirators, fume extractors, goggles and safety clothing. It is recommended that employers have a separate area for employees to store and change their protective clothing and provide them access to a clean air supply before leaving the workplace

Seventeen serious violations were cited. Serious violations are defined as those with a significant probability that a worker could die or become seriously ill or injured from the hazard that the employer knew or should have been aware. Seven of these violations involved hexavalent chromium including:

-Failing to avoid exposure above OSHA's allowed exposure limits.

-Not having a plan on how to limit exposure time.

-Not giving workers a separate storage/changing area for personal protective equipment.

-Failing to discuss with a doctor about chromium exposures.

-Not having an eyewash area.

-Not providing clean work area surfaces free from chromium particles.

-Not providing sealed containers for disposal of waste.

The other serious violations involved entering confined spaces, lockout/tag-out procedures and lack of safety guards and covers on machines and electric panels.

Violations that resulted in no financial penalty included a lack of confined space training, improper mounting of switch boxes and outlets, and a blocked electrical disconnect.

For more information on hexavalent chromium , visit OSHA's website.

Continue reading "North Carolina Welders Exposed to Hexavalent Chromium at Risk of Nose, Throat and Lung Damage" »

As the school year gets underway many teens will be getting jobs or seeking holiday employment. Our Gastonia workers' compensation lawyers need you to know that employers have a special obligation and must obey strict rules when employing young workers.

Sadly, almost 50 teens a year die from injuries suffered at work. Recently on our North Carolina Workers' Compensation Blog we went over the changes to the Child Labor Regulations.

Let's do a quick recap of some youth employment rules:

-Anyone employing a youth under 18 must get from them a Youth Employment Certificate (YEC). You can retrieve a YEC online .

-An employer must keep the youth's YEC and produce it if asked by any person authorized to investigate a youth employment issue.

-An employer must keep the YEC even after the youth leaves for at least two years.

Hour Limitations for 14- and 15-year-olds:

-Teens are limited to 3 hours per day while school is in session and no more than eight hours per day when school is not in session.

-They can only work between 7:00 a.m. and 7:00 p.m. when school is in session and until 9:00 p.m. from June 1 thru Labor Day when school is not in session.

-A maximum work week is 18 hours when school is in session or 40 hours when school is not in session.

-They can't work during school hours.

-After 5 consecutive hours worked they must get a 30-minute break.

In addition, 16 and 17-year-olds during the school year can't work between 11:00 pm and 5:00 am when there is school the next day unless written permission from the teens principal and parents is obtained by the employer. They also cannot work in hazardous/detrimental occupations as listed in Part 570 subpart E of Hazardous Occupations 29.

Here's a short quiz every young person should take about workplace safety and health and workers' rights.

-True or False? It's the law that your employer gives you training about safety and health hazards on your job.

True. Before starting your new job you should get training on how to do it safely. Training about dangerous chemicals and other safety and health issues at your workplace is a requirement by the Occupational Safety and Health Administration (OSHA).

-True or False? If you are under 16 there is a law that sets limits on how late you can work on a school night.

True. On a school night 14 and 15 year olds can only work until 7pm. Young workers ages 16 and 17 years-old in some states also have limitations on how late they can work. Child labor laws are designed to protect teens from working too long, too early, or too late.

-True or False? Can you drive a car on public roads if you are 16 years old as part of your employment.

False. 16 year-olds cannot drive on public roads; even 17 year olds have limitations. Teens who are 16 may not drive a car or truck on public streets as part of their job. A few states don't allow anyone under 18 to drive as part of their job.

-True or False? If you get hurt at work your medical care must be paid by your employer.
True. The law requires that your employer must supply workers' compensation benefits.

-How many teens get injured at the workplace in the U.S., one per day or one per hour or one every 10 minutes?
One every 10 minutes. At least 53,000 teens every year go to the emergency room for treatment due to a workplace injury. It is estimated that only one-third of teens injured at work need treatment, which means more than 100,000 additional teens are injured but don't go to the hospital.

This quiz is part of Youth @ Work-Talking Safety a curriculum designed to raise awareness among teens about occupational health and safety and give them the basic skills and knowledge needed to become active contributors in creating a safe and healthy workplace environment.

Continue reading "North Carolina Employers Required to Provide Training to Reduce Teen Injuries Occurring at Work in Gastonia, Asheville" »

Our Gastonia workers' compensation lawyers know that safety should always come first in any work environment and yet many employers care more about getting the work done than providing a safe place to work.

Protective equipment like eyewear, ear plugs or back braces can reduce the risk of injury, as well as, making sure work areas remain tidy, items are secured, tools and machinery are powered off when not in use and equipment used to perform job tasks are routinely checked for maintenance and repairs.

The National Safety Council is offering a variety of safety training courses to employees, supervisors and bosses to help reduce the number of work injuries in Charlotte and elsewhere in the country. The NSC is making it more convenient by offering these important courses online in order to help reduce travel cost, time and overall expenses, but still achieve the same knowledge as you would in a classroom setting.

One thing that can reduce the severity of workplace injuries is if everyone on staff is compliant with Occupational Safety & Health Administration's standards on first aid. Employers should require all employees, specifically those who work with tools and equipment, to take the NSC First Aid, CPR & AED Course, which teaches how to perform cardiac and breathing safety procedures in adults, children and infants. It also teaches how to identify illness and injury, how to stop bleeding, and how to prevent the transmission of disease.

Any job that requires a worker to be exposed to blood or hazardous pathogens routinely, like lab workers, paramedics or dentists are at a great risk of exposure and should take the Bloodborne & Airborne Pathogens course which instructs you on what to do if exposure occurs. Employers have a responsibility to not only keep the environment safe but to teach employees the risks involved and how to reduce the risks of exposure to fatal disease or illness during job performance.

Online defensive driving courses are offered to workers who operate a vehicle as part of their job performance. Vehicular accidents are the leading cause of fatalities at work nationwide. Courses are offered for general defensive driving, safe practices for truck drivers, fire truck operators and ambulance drivers responding to an emergency.
The NSC offers over 100 safety training courses online.

The following are a few examples of the courses that are offered and a brief description of what employees can learn.

• Asbestos Awareness: Workers can learn what asbestos are, three common types, diseases caused by exposure, and what symptoms to look for.


• Back Safety and Back Injury Prevention: Two related courses that teach about back injuries, what risks factors are involved, how to lift things properly to prevent back injuries and what posture and body mechanics can help keep your lower back healthy.


• Construction Safety Orientation: All types of injuries can occur at construction jobs so this course teaches about fall and ladder protection, equipment, hazardous areas and what safe practices can be performed to reduce the risk of injury at a construction site.


• Drug Testing Awareness: Teaches employees why drug testing is important, when to report prescription drug use, the advantages of a drug-free work environment and health defects that can occur from drug abuse.


• Eye Safety: Teaches workers what the most common hazards are and what type of protective gear should be worn to prevent vision problems.


• Hand & Power Tools: Since most jobs require some sort of tool to perform a task this class teaches employees how to handle tools, the different types of power tools and how to control hazards.


• Office Ergonomics: Musculoskeletal Disorder is a common risk in office jobs, so this course teaches office workers what ergonomics is, how to prevent problems, what adjustments can be made to your work environment and proper posture.


• Walking & Working Surfaces: This class teaches what hazards to look for like wall openings or floor holes and how to keep your work environment neat and organized to prevent work hazards.

If your employer doesn't offer safety training on site, request to take classes online that pertain to your work environment. It is the responsibility of your employer to put safety first and the NSC online courses are a convenient and cost effective way to teach employees safety through interactive video and real-life simulations.

Continue reading "Online Courses for Job Safety Training Can Help Reduce Injuries at Work in Gastonia" »

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" »

Our workers' compensation lawyers in Gastonia and elsewhere want you to know how complex a workers' compensation case can be and how important it is to hire an experienced attorney for your North Carolina work-related accident or illness.

Here is a summary of Blakeney v. Blythe Construction Inc., a recent case from the North Carolina Court of Appeals. We will illustrate the complexities and the length of a typical workers' compensation case.

Let's review how this case started:
The Plaintiff started working for a construction company at the end of September of 2007. His job duties included removing stumps and operating a large roller machine that is used to compact asphalt and dirt. About two months into the job the Plaintiff's roller machine crashed into a fuel truck. It was a slow speed crash that caused no damage to either vehicle. The Plaintiff notified his supervisor right after the crash that he was not injured. The Plaintiff was fired and ordered home after this accident because he had been warned after a previous accident with the roller machine. Later in the day the Plaintiff went to Carolinas Medical Center-Union (CMC-Union) emergency room with a complaint of back and neck pain. The Plaintiff had x-rays taken and was given a diagnosis of cervical and back sprain/strain. He was given medications of Vicodin and Flexeril and was discharged without restrictions. The Plaintiff went to the emergency room 3 times between December 2007 and February 2008. At the December visit he was again given the diagnosis of a back sprain/strain and no additional medications were given. He was sent home with no restrictions. At the January visit he was given medications of Flexeril and Toradol for a lower back pain/injury. Kidney stones were the diagnosis at the February visit which was found unrelated to the November 2007 incident.

Further medical exams:
On the advice of his attorney the Plaintiff went to another doctor in April 2008 who performed a thorough exam that concluded with a diagnosis of back and neck strains. Anti-inflammatory medication was prescribed to relieve the swelling and pain and the doctor ordered an MRI. The Plaintiff did not show up to his follow-up appointment in May and it was later determined it was due to him being incarcerated. The Plaintiff continues to have lower back discomfort but the doctor does not give a disability rating to the Plaintiff's back. A few months short of the 1 year anniversary of the accident the Plaintiff gets a second opinion. After a complete medical exam the doctor assigns a 4 percent permanent partial disability rating.

Filing for compensation and appeals:
A Form 18 was filed by the Plaintiff in January 2008 letting the Defendant know he was injured from the accident that happened at work in November 2007. The Defendant in late October of 2008 denied the workers' compensation claim. A hearing was requested by the Plaintiff with the Industrial Commission because he felt he should be getting compensated for the permanent partial disability, medical expenses and missed days from work. The Deputy Commissioner in early December of 2009 gave an Opinion and Award that denied the Plaintiff compensation because he did not prove with medical evidence that the injuries he has were the result of the November 2007 incident. The Deputy Commissioner's Opinion and Award was appealed by the Plaintiff. But the Full Commission sided with the Commissioner and the Plaintiff was denied compensation.

The Full Commission Opinion and Award was appealed by the Plaintiff for the following:

-the Commission wrongly applied the inaccurate legal standard when deciding that he wasn't allowed compensation for medical care after January 2008;

-the Commission's findings of conclusions and facts of law aren't maintained by competent proof in the record;

-the Commission was wrong by failing to decide that the Plaintiff had a right to payment pursuant to N.C. Gen. Stat. § 97-31 (2009);

-the Commission wrongly failed to disclose facts regarding the Plaintiff's complaints of discomfort in deciding the existence of a disability;

-the Commission was wrong by not finding that the Defendant didn't have reasonable grounds to defend their action;

-the Commission erred by not assessing attorneys' charges against the Defendant pursuant to North Carolina General Statute § 97-88.1 (2009).

After review the court sides with the Full Commission and the Plaintiff is denied compensation for his injuries. Whether the Plaintiff in this case had a strong case is irrelevant. What's important to take away is that these accident cases can be complex and may last for years. Consulting an attorney as early as possible in such cases can help prevent you from being denied benefits.

Continue reading "Blakeney v. Blythe Construction Inc. North Carolina Workers' Compensation Case Illustrates Need for Experienced Law Firm " »

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" »

To complete our three-part series on conducting a job hazard analysis we walk you through an actual workplace scenario. Our workers' compensation lawyers of Greensboro want employers to be proactive in protecting their employees, so the goal of our series is to offer useful information to guide employers on how to provide a safe work environment.

How you can identify workplace hazards

Your goal is to ask the following questions when doing a job hazard analysis:

-What could go wrong?
-What could be the outcome?
-How could it happen?
-Are there other contributing factors?
-What is the likelihood of the hazard occurring?

Answering these questions is the key to a properly performed job hazard analysis. Consistently describing hazards in this manner will help your endeavor to eliminate the hazard and apply hazard controls. Good hazard situations describe:

-Where it is occurring (environment)?
-What or who is being exposed?
-What triggers the hazard?
-What is the outcome should it happen?
-Are there other contributing factors?

It is a rare occurrence that a hazard has a singular cause resulting in a singular effect. It is more likely that several factors add up to create the hazard.

Here is an example from the updated Occupational Safety and Health Administration (OSHA) Job Hazard Analysis manual regarding a hazard scenario:

In the wood shop (environment), while clearing a stuck piece of wood (trigger), an employee's hand (exposure) comes into contact with a saw blade. The machine grabs his hand and severs several of his fingers (consequences) quickly.

Ask and answer the following question to perform the job hazard analysis:

-What could go wrong? The employee's hand could come in contact with a saw blade that grabs it.
-What is the result? The employee could sustain a severe injury to their fingers and hand and possible loss of an extremity.
-How could it occur? An employee tries to clear a piece of wood during the saws operation. If the saw is not running the hazard doesn't exist.
-Any other contributing factors? This is a quickly occurring hazard and is an important fact when figuring out how likely this scenario could happen.
-How likely could the hazard occur? Actual cases and "near-misses" could determine that the likelihood is high for this to happen and lead to the following questions being asked: Could adding a guard to the blade make the hazard less likely? Could a cut off switch shut the saw down when wood gets stuck prevent the hazard?

Review previous job hazard analysis.

Keeping job hazard analysis current continues to ensure the reduction of workplace accidents and injuries. The job doesn't have to change in order to review its process because you never know if something was missed during the initial analysis.

It is crucial to review a job's hazard analysis if there was a "near miss", an injury or illness. You should ask yourself what caused the hazard and what steps are needed to reduce the chance of it happening again. Any changes to an analysis must be discussed with your workers to ensure compliance.

Continue reading "Three-part series on Job Hazards Ends With Workplace Injury Scenario" »

In part two in our series of three reviewing the job hazard analysis process we look at how an employer starts a hazards review at the workplace.

Our workers' compensation lawyers of Hickory applaud employers that put the health and safety of their employees first. But we represent many clients whose employers cut corners and put them at risk of suffering a workplace accident.

How does an employer begin a job hazard analysis?

Get your workers involved in the hazard analysis process. After all, they are the ones performing the job everyday. They are the ones with a unique understanding of the job and the hazards that come with it. Also, including workers in the process will help limit oversights, guarantees a quality analysis, and makes them feel like they contributed to the workplace safety and health program.

Analyze your workplace accident and illness history. Have there been any "near misses"? Have any accidents or occupational illnesses required treatment? Have there been any reoccurring mechanical repairs or replacements? Any of these are clues that the current hazard controls (if any) might not be acceptable and require revisions.

Perform a preliminary job review by discussing with your workers the hazards they know currently exist. Get their input on how to eliminate or control those hazards. It goes without saying that immediate action should be taken if any hazards create risks of imminent danger to a worker's life or health.

Easily correctable problems should be dealt with as soon as possible giving you more time to evaluate complex jobs. Waiting too long to finish your job hazard analysis may express a lack of commitment to safety and health on your part to your workers. Hazards that have been verified to present unacceptable dangers need to be corrected by the use of hazard controls.

There are three types of hazard controls: engineering, administrative and personal protective equipment. An example of an engineering control could include redirecting exhaust ventilation or enclosing noisy equipment. Administrative examples would include written operating protocols, a buddy system or exposure time limits. Using personal protective equipment (respirators, safety glasses, hardhats, hearing protection and protective clothing) is needed when engineering controls are not feasible or are in development.

Your analysis should start with a list of hazardous jobs that present unsuitable risks. Start with jobs that if an accident happened would result in the most severe outcome.

Break down every job into steps or tasks. The best way to do this is to observe a worker performing the job and list each task or step. It might be a good idea to tell your worker what you are doing. Emphasize you are watching the job they are doing not how they are performing. It might be necessary to video the job being done.

It is important to not go into too much detail or be too general in your step/task descriptions. Consulting with the worker should enable you to get enough information. Once you have documented each step, review each one and determine uncontrolled hazards and identify solutions.

Continue reading "Part Two of Blog Series Focuses on Job Hazard Analysis for Employers" »