Recently in Workers' Compensation Procedures Category

April 21, 2014

Whistleblower Protection and Worker Discipline


The Occupational Safety and Health Administration (OSHA) has the responsibility of regulating safety on worksites and has the authority to set rules designed to protect workers. OSHA has too few inspectors and too tight of a budget to be as effective as it should be at doing this job. Because of understaffing, OSHA cannot inspect businesses frequently and companies could get away with safety violations for years. fire-hydrant-booster-and-pipes-1434480-m.jpg

Things got worse at OSHA recently when the agency had to cut its budget due to the federal sequester. However, amidst the cuts, OSHA increased its resources for investigating whistleblower cases. Whistleblower cases let employees, those most likely to be aware of safety problems, come forward and provide information about violations or wrongdoing on the part of employers.

Continue reading "Whistleblower Protection and Worker Discipline" »

March 16, 2014

Temp Workers, Workers' Compensation & Staffing Agencies


The United States is often considered advanced in areas of employee rights. However, the U.S. is behind in the protections provided to temporary workers when compared to other countries.

untitled-1428039-m.jpg

Our Asheville worker's compensation lawyers know that the temporary workers in the United States deserve better treatment and more beneficial employment laws.

Arecent articlecompared the fate of a temp worker in the United States with what might have happened in other countries with more favorable laws for temporary workers.

Continue reading "Temp Workers, Workers' Compensation & Staffing Agencies" »

March 14, 2014

Private Prison Industry is Responsible for a Growing Number of Work Injuries


The private prison industry is one ofthe most dangerous places to work, according to research from the United States Department of Labor.

glasgow-police-445746-m.jpg

Our Anderson worker's compensation lawyers note the private prison industry is one of the most dangerous sectors for employees in the United States.

The industry is responsible for 459 injuries per 10,000 full time workers while the average for the private sector and state and local governments is 112 injuries per 10,000 full time workers.


Continue reading "Private Prison Industry is Responsible for a Growing Number of Work Injuries" »

March 8, 2014

National Severe Weather Safety Week - Does Your Company Have a Plan?


In a combined effort, the Occupational Safety and Health Administration has teamed with the National Oceanic and Atmospheric Administration to institute national severe weather safety week. During the week two participants aim to encourage the public to prepare to respond in the event of severe weather.

tornado-1194710-m.jpg

Our Asheville worker's compensation lawyers know that severe weather, such as tornadoes, can strike without warning and all employers should establish a plan for a severe weather emergency.

Severe weather can be deadly, particularly when there is no plan in place and workers are not equipped to handle the emergency. All businesses should develop an emergency plan that includes a number of basic and simple steps to implement procedures aimed at saving lives in the event of a severe weather emergency.

Continue reading "National Severe Weather Safety Week - Does Your Company Have a Plan?" »

February 27, 2014

Fighting for South Carolina Workers' Compensation Coverage


It is to be expected in filing Anderson workers' compensation claims that there is a high likelihood the company will challenge the assertion that the injuries involved are compensable. shoelace.jpg

In South Carolina, in order for a claim to be compensable, the worker must have suffered a personal injury or death by an accident that arose out of and in the course of his or her employment.

Basing an argument on this definition, many workers' compensation defendants will attempt to assert that the injuries were the result of a pre-existing condition - not a work-related accident. You should know, however, that even those with pre-existing medical conditions can still receive workers' compensation, so long as you can show that work complicated or worsened their condition.

Continue reading "Fighting for South Carolina Workers' Compensation Coverage" »

February 12, 2014

Insurance Bad Faith Claims & Rights of the Injured


A recent court case addressed the issue of whether a worker could recover additional tort damages after his employer's insurer wrongfully, and in bad-faith, refused to pay worker's compensation due to him.

porquet-guardiola-667995-m.jpg

Insurance companies and employers may pull out all the stops to avoid paying an employee in the wake of an injury claim. OurSpartanburg worker's compensation lawyers can help review your situation and determine the proper course of action.

The district court which reviewed this case initially erroneously determined that the insurer had only committed a breach of contract when it refused to pay the plaintiff's worker compensation claim.

Continue reading "Insurance Bad Faith Claims & Rights of the Injured " »

February 10, 2014

Carolina Construction Worker Killed at Manufacturing Plant


Construction work continues to be a dangerous way to make a living. According to a recent article on foxcarolina.com a construction worker was killed while working at a manufacturing plant construction site.

protection-helmet-203723-m.jpg

Our workers' compensation lawyers in Charlotte know construction work is consistently ranked among the most dangerous occupations.

The worker was killed when a 10-inch pipe fell and hit him in the head, the report stated.

Continue reading "Carolina Construction Worker Killed at Manufacturing Plant" »

January 21, 2014

Worker Compensation and Statute of Limitations


On-the-job injuries in North Carolina are generally grounds for a workers' compensation claims to help workers cope with medical expenses and lost wages.
allintime1.jpg
However, anyone needing to file a workers' compensation claim in Winston-Salem should understand the narrow time frame during which they must act. This is called a statute of limitations, and in North Carolina, that limit is two years.

That is 24 months from the date of the injury or illness. In some situations, that's a very straightforward matter. For example, if you slip and fall at a construction site and break your back, you have exactly two years from the date of that incident in which to file your claim.

Continue reading "Worker Compensation and Statute of Limitations" »

January 14, 2014

Your Workers' Compensation Claim: FAQ


Workers' compensation can get confusing. If you've got a question, there's a good chance that someone else has already asked it. For some questions, you can visit the North Carolina Industrial Commission's website.
handshake.jpg
Our workers' compensation attorneys in Greensboro understand the stress loss of income puts on wage earners and their families. For this reason, it's critical that an injured employee takes the proper steps to make sure that they are adequately compensated for their injuries and losses associated with an on-the-job injury. Costs associated with these incidents can include medical bills, rehabilitation costs, travel, medication, loss of work and more. But what if your employer doesn't have workers' compensation and is trying to leave you with the bills?

The first thing you want to do is report the accident. You'll want to do this both in person and in writing. If you find out the hard way that your employer does not have workers' compensation then you should file a Form 18 as well as a Form 33. By this stage, you should have consulted with a law firm experienced in handling work injuries.

Continue reading "Your Workers' Compensation Claim: FAQ" »

January 12, 2014

What To Do After A Work Accident in North Carolina


If you are injured on the job, would you know what to do? Officials with the North Carolina Industrial Commission outline the process but speaking to an experienced law firm is always the best course of action when lost-time from work and medical treatment are required.
1mQUxp.jpg
According to the United States Department of Labor (DOL), there were more than 4,380 people killed on the job in the U.S. in 2012. Thousands more were injured throughout the year. Of these injuries, a majority (roughly 60 percent) occurred in traffic accidents, followed by falls, homicides and struck-by accidents. Of the traffic-related fatalities, 512 deaths (close to 30 percent) resulted from a roadway collision with another vehicle. Pedestrian
vehicular incidents constituted the second greatest number of transportation-related fatal injuries.

Our Rock Hill workers' compensation lawyers know the first thing you need to do if you were injured on the job is to make sure that you seek medical assistance. Typically, the treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency situation. Your employer just might have a health care provider on your work site. If your employer wishes for you to see that individuals, present yourself to that health provider if appropriate. Depending on your circumstances, appropriate health care may be obtained from your family doctor or a hospital emergency room. You are also welcome to get second opinions on your condition.

Continue reading "What To Do After A Work Accident in North Carolina" »

January 9, 2014

NC Work Injuries: OSHA Safety Plans and New Regulations for 2014


Evaluating current safety protocols and procedures is important in determining whether they are effective. OSHA is currently making plans to make critical changes to worker safety rules and regulations to improve conditions for workers and to prevent future accidents. According to Safety News Alert, OSHA released plans for 2014 so that both workers and employers know what to expect as they enter into the New Year. While employers will have to implement safety protocols and procedures, employees can benefit from maintaining awareness and understanding best practices in the workplace.

constructionworker.jpg

Safety in the workplace is critical to preventing accidents, injuries and fatalities. Our Spartanburg workers' compensation attorneys are dedicated to helping North and South Carolina workers collect compensation in the event of an accident. We are also committed to raising awareness in workplace safety and in following OSHA developments that may be beneficial to Carolina business owners and employees.

Continue reading "NC Work Injuries: OSHA Safety Plans and New Regulations for 2014" »

December 12, 2013

Proving Extent of Injury Key in NC Worker Compensation Cases


A North Carolina appellate court recently ruled in Hollifield v. Commc'ns Installations Specialists that proving injuries are compensable is not enough to establish full disability.
gavel10.jpg
In other words, a plaintiff alleging a work injury in North Carolina must establish not only the source of those injuries but the extent, if he or she hopes to collect longer-term disability benefits in addition to costs for immediate medical expenses and lost wages. This maximizes the amount of benefits one can expect to collect.

Effectively proving the extent of one's injuries means immediately reporting the injury after it occurs, as well as attending any and all follow-up appointments as recommended.

Continue reading "Proving Extent of Injury Key in NC Worker Compensation Cases" »

December 9, 2013

Workers' Compensation Care Reimbursement Must Follow Protocol


Filing a workers' compensation claim in North Carolina should always be done with careful consideration for not only your immediate needs, but also with an eye on what kind of care you might require in the future.
kneereplacement.jpg
Any changes in your medical condition may warrant an amended order with regard to the kind of care and/or reimbursement you are entitled to receive as a result of your workplace injury.

The case of Mehaffey v. Burger King is a good example of this - and also why it's important to report these changes as soon as possible.

Continue reading "Workers' Compensation Care Reimbursement Must Follow Protocol" »

December 1, 2013

Work Accident Reporting Critical to On-the-Job Safety


Officials with the Occupational Safety and Health Administration (OSHA) recently proposed a rule to help to keep workers safer on the job by helping officials to better track workplace accidents, injuries and fatalities. The announcement comes after the Bureau of Labor Statistics' released of its yearly Occupational Injuries and Illnesses report. This is the report that calculated that about 3 million workers were injured on the job in 2012 alone.
1mQUxp.jpg
"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Our Asheville workers' compensation attorneys understand that the new rule will help to shed light on just how dangerous our nation's workplaces are. It's going to help workers, employers, government officials and researchers better access this information, to help to create better attack plans to help to stop the risks. We will be able to better create training and work programs to reduce these risks and prevent workplace problems before they even have a chance to strike. With the latest proposal, there will not be any new requirements to the way we report these incidents, it's only going to make sure that employers better transmit these reports to OSHA officials. And this is a move that's going to help workers across the nation.

Continue reading "Work Accident Reporting Critical to On-the-Job Safety" »

November 30, 2013

OSHA Working with Agriculture Community to Promote Safety Education


As the harvest season continues it is important to focus on safety in the agriculture industry.

old-tractor-1367904-m.jpg

Our Greenville worker's compensation lawyers are knowledgeable about the inherent hazards of working in the agriculture industry and devoted to educating farm workers about safety.

According to the Occupational Safety & Health Administration the agriculture industry account for approximately 475 deaths in the year 2012. The fatality rate in the agriculture sector was 21.2 deaths for every 100,000 workers.

Continue reading "OSHA Working with Agriculture Community to Promote Safety Education" »